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Home My WebLink AboutHealey Construction Company; 2008-01-31; PWS08-12FACn <M1 RECORDED REQUESTED BY CITY OF CARLSBAD AND WHEN RECORDED PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 DOC* 2008-0549729 OCT22, 2008 9:17 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH. COUNTY RECORDER FEES: 0.00 PAGES: Space above this line for Recorder's use. PARCEL NO: 2090502600 NOTICE OF COMPLETION Notice is hereby given that: 1. The undersigned is owner of the interest or estate stated below in the property hereinafter described. 2. The full name of the undersigned is City of Carlsbad, a municipal corporation. 3. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California 92008. 4. The nature of the title of the undersigned is: In fee. 5. A work or improvement on the property hereinafter described was completed on September 26, 2008. 6. The name of the contractor for such work or improvement is Healey Construction Company. 7. The property on which said work or improvement was completed is in the City of Carlsbad, County of San Diego, State of California, and is described as follows: Pre-fabricated Steel Mezzanine at Fire Station #5, Contract Number FAC 08-01. 8. The street address of said property is 2560 Orion Way. Greg Clavier Public Works Manager VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California, 92008; the City Manager of said City on ((JfJj>kujeJ ^C 20 0 $ , accepted the above described work as completed and ordered that a Notice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on<vcAd&-et/&> 20 0£ . at Carlsbad, California. CITY)OF CAI V /LORRAWE M. City Cl Word\Masters\Forms\Notice of Completion (City)3/9/98 CITY OF CARLSBAD ACCEPTANCE OF PUBLIC IMPROVEMENTS COMPLETION OF PUBLIC IMPROVEMENTS The contractor has constructed the improvements required for Pre-fabricated Steel Mezzanine at Fire Station #5, Contract No. FAC 08-01, and has requested that the City of Carlsbad accept the public improvements. City forces have inspected the public improvements and found them to be satisfactory. The public improvements consist of: IMPROVEMENTS Mezzanine installation at Fire Station #5 VALUE $59,319.00 PUBLIC WORKS DIRECTOR CERTIFICATION OF COMPLETION OF IMPROVEMENTS Glenn Pruim, Public Works Director Date' CITY MANAGER'S ACCEPTANCE OF PUBLIC IMPROVEMENTS The construction of the above-described public improvements is deemed complete and hereby accepted. The City Clerk is hereby authorized to record the Notice of Completion and release the bonds in accordance with State Law and City Ordinances. The City improveme •directed to commence maintaining the above-described Date R5ndld R. Ball, City Attorne Word\Masters\Forms\Acceptance of Public Improvements (City) CITY OF CARLSBAD San Diego County California CONTRACT DOCUMENTS, GENERAL, AND TECHNICAL PROVISIONS FOR PRE-FABRICATED STEEL MEZZANINE AT FIRE STATION #5 CONTRACT NO. FAC 08-01 BID NO. PWS08-12FAC Revised 11/01/06 Contract No. FAC 08-01 Page 1 of 114 Pages TABLE OF CONTENTS Item Page Notice Inviting Bids 6 Contractor's Proposal 10 Bid Security Form 15 Bidder's Bond to Accompany Proposal 16 Guide for Completing the "Designation Of Subcontractors" Form 18 Designation of Subcontractor and Amount of Subcontractor's Bid Items 20 Bidder's Statement of Technical Ability and Experience 21 Bidder's Certificate of Insurance for General Liability, Employers' Liability, Automotive Liability and Workers' Compensation 22 Bidder's Statement of Re Debarment 23 Bidder's Disclosure of Discipline Record 24 Non-Collusion Affidavit to Be Executed by Bidder and Submitted with Bid 26 Contract Public Works 27 Labor and Materials Bond 33 Faithful Performance/Warranty Bond 35 Optional Escrow Agreement for Surety Deposits in Lieu of Retention 37 Revised 11/01/06 Contract No. FAC 08-01 Page 2 of 114 Pages GENERAL PROVISIONS Section 1 Terms, Definitions Abbreviations and Symbols 1-1 Terms 40 1-2 Definitions 41 1-3 Abbreviations 45 1-4 Units of Measure 48 Section 2 Scope and Control of The Work 2-1 Award and Execution of Contract 50 2-2 Assignment 50 2-3 Subcontracts 50 2-4 Contract Bonds 51 2-5 Plans and Specifications 52 2-6 Work to be Done 56 2-7 Subsurface Data 56 2-8 Right-of-Way 56 2-9 Surveying 56 2-10 Authority of Board and Engineer 58 2-11 Inspection 58 Section 3 Changes in Work 3-1 Changes Requested by the Contractor 58 3-2 Changes Initiated by the Agency 59 3-3 Extra Work 60 3-4 Changed Conditions 62 3-5 Disputed Work 63 Section 4 Control of Materials 4-1 Materials and Workmanship 66 4-2 Materials Transportation, Handling and Storage 69 Section 5 Utilities 5-1 Location 70 5-2 Protection 70 5-3 Removal 71 5-4 Relocation 71 5-5 Delays 72 5-6 Cooperation 72 Section 6 Prosecution, Progress and Acceptance of the Work 6-1 Construction Schedule and Commencement of Work 72 6-2 Prosecution of Work 76 6-3 Suspension of Work 76 6-4 Default by Contractor 77 6-5 Termination of Contract 77 6-6 Delays and Extensions of Time 78 6-7 Time of Completion 79 6-8 Completion, Acceptance, and Warranty 79 6-9 Liquidated Damages 80 6-10 Use of Improvement During Construction 80 Revised 11/01/06 Contract No. FAC 08-01 Page 3 of 114 Pages Section 7 Responsibilities of the Contractor 7-1 Contractor's Equipment and Facilities 80 7-2 Labor 80 7-3 Liability Insurance 81 7-4 Workers' Compensation Insurance 81 7-5 Permits 82 7-6 The Contractor's Representative 82 7-7 Cooperation and Collateral Work 82 7-8 Project Site Maintenance 83 7-9 Protection and Restoration of Existing Improvements 84 7-10 Public Convenience and Safety 85 7-11 Patent Fees or Royalties 88 7-12 Advertising 88 7-13 Laws to be Observed 88 7-14 Antitrust Claims 88 Section 8 Facilities for Agency Personnel 8-1 General 88 Section 9 Measurement and Payment 9-1 Measurement of Quantities for Unit Price Work 89 9-2 Lump Sum Work 89 9-3 Payment 89 Revised 11/01/06 Contract No. FAC 08-01 Page 4 of 114 Pages SUPPLEMENTAL PROVISIONS TO PART 2 AND 3 PART 2 Construction Materials Section 201 Concrete, Mortar and Related Materials 201-3 Expansion Joint Filler and Joint Sealants 93 PART 3 Construction Methods Section 300 Earthwork 300-13 Storm Water Pollution Prevention Plan 95 Section 304 Metal Fabrication and Construction 304-3 Chain Link Fence 98 PART 4 Technical Specifications / Special Construction Provisions Revised 11/01/06 Contract No. FAC 08-01 Page 5 of 114 Pages CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS Until 2:00 pm on November 29, 2007, the City shall accept sealed bids, clearly marked as such, at the Faraday Center, 1635 Faraday Avenue, Carlsbad, CA 92008-7314, Attn: Purchasing Officer, by mail, delivery service or by deposit in the Bid Box located in the first floor lobby, at which time they will be opened and read, for performing the work as follows: Provide and install a pre-fabricated steel mezzanine in the Fire Station #5 storage building. PRE-FABRICATED STEEL MEZZANINE AT FIRE STATION #5 CONTRACT NO. FAC 08-01 BID NO. PWS08-12FAC INSTRUCTIONS TO BIDDERS AND BID REQUIREMENTS This bid and the terms of the Contract Documents and General Provisions constitute an irrevocable offer that shall remain valid and in full force for a period of 90 days and such additional time as may be mutually agreed upon by the City of Carlsbad and the Bidder. No bid will be received unless it is made on a proposal form furnished by the Purchasing Department. Each bid must be accompanied by security in a form and amount required by law. The bidder's security of the second and third next lowest responsive bidders may be withheld until the Contract has been fully executed. The security submitted by all other unsuccessful bidders shall be returned to them, or deemed void, within ten (10) days after the Contract is awarded. Pursuant to the provisions of law (Public Contract Code section 10263), appropriate securities may be substituted for any obligation required by this notice or for any monies withheld by the City to ensure performance under this Contract. Section 10263 of the Public Contract Code requires monies or securities to be deposited with the City or a state or federally chartered bank in California as the escrow agent. The escrow agent shall maintain insurance to cover negligent acts and omissions of the agent in connection with the handling of retentions under this section in an amount not less than $100,000 per contract. The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidding when a contractor or subcontractor has been debarred by the City of Carlsbad or another jurisdiction in the State of California as an irresponsible bidder. The work shall be performed in strict conformity with the plans and specifications as approved by the City Council of the City of Carlsbad on file with the General Services Department. The specifications for the work include City of Carlsbad Technical Specifications and the Standard Specifications for Public Works Construction. Sections 2 & 3. 2006 Edition, and the 2007 Supplements thereto, all hereinafter designated "SSPWC" as issued by the Southern California Chapter of the American Public Works Association, as amended. Specification Reference is hereby made to the plans and specifications for full particulars and description of the work. The General Provisions (Part 1 ) to the SSPWC do not apply. The City of Carlsbad encourages the participation of minority and women-owned businesses. The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contractors to utilize recycled and recyclable materials when available, appropriate and approved by the Engineer. Revised 1 1/01/06 Contract No. FAC 08-01 Page 6 of 1 14 Pages BID DOCUMENTS The documents which comprise the Bidder's proposal and that must be completed and properly executed including notarization where indicated are: 1. Contractor's Proposal 2. Bidder's Bond 3. Non-Collusion Affidavit 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 $65.000. TIME OF COMPLETION: The contractor shall complete the Work within the time set in the contract as defined in the General Provisions Section 6-7. SPECIALTY CONTRACTORS: ACCEPTABLE LICENSE TYPES Except as provided herein a bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City. In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. Where federal funds are involved the contractor shall be properly licensed at the time the contract is awarded. In all other cases the contractor shall state their license number, expiration date and classification in the proposal, under penalty of perjury. This invitation to bid does not involve federal funds. The following classifications are acceptable for this contract: B General Building. ESCROW AGREEMENT If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of the usual 10% 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, Carlsbad, California 92008-7314, for a non-refundable fee of $20 per set. If plans and specifications are to be mailed, the cost for postage should be added. Revised 11/01/06 Contract No. FAC 08-01 Page 7 of 114 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 Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. PREVAILING WAGE TO BE PAID The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to the sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a current copy of applicable wage rates is on file in the Office of the City Engineer. The Contractor to whom the Contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the Contract. The Prime Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the purposes of section 4107 and 4107.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. PRE BID MEETING A MANDATORY pre-bid meeting and tour of the project site will be held at 11:00 a.m., on October 31, 2007, at 2540 Orion Way. This is a locked facility and this will be the only opportunity for bidders to view the project site. UNIT PRICES AND COMPUTATION OF BIDS All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or written in with ink and must be initialed in ink by a person authorized to sign for the Contractor. 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. Revised 11/01/06 Contract No. FAC 08-01 Page 8 of 114 Pages BOND AND INSURANCE REQUIREMENTS The Contractor shall provide bonds to secure faithful performance and warranty of the work in an amount equal to one hundred percent (100%) of the Contract price on this project. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to one hundred percent (100%) of the total amount payable by the terms of the contract. These bonds shall be kept in full force and effect during the course of this project, and shall extend in full force and effect and be retained by the City until they are released as stated in the General Provisions section of this contract. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to be accompanied by the following documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the City may require copies of the insurer's most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar days of the insurer's receipt of a request to submit the statements. Insurance is to be placed with insurers that: 1) Have a rating in the most recent Best's Key Rating Guide of at least A-:VII 2) Are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner. Auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated above for all insurance companies. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. Workers' compensation insurance required under this contract must be offered by a company meeting the above standards with the exception that the Best's rating condition is waived. The City does accept policies issued by the State Compensation Fund meeting the requirement for workers' compensation insurance. The Contractor shall be required to maintain insurance as specified in the Contract. Any additional cost of said insurance shall be included in the bid price. The award of the contract by the City Council is contingent upon the Contractor submitting the required bonds and insurance, as described in the contract, within twenty days of bid opening. If the Contractor fails to comply with these requirements, the City may award the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. BUSINESS LICENSE The prime contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. October 18. 2007 Date SHEILA R. COB IAN ."Deputy City Clerk Publish Date: October 24, 2007 « Revised 11/01/06 Contract No. FAC 08-01 Page 9 of 114 Pages CITY OF CARLSBAD PRE-FABRICATED MEZZANINE AT FIRE STATION #5 CONTRACT NO. FAC 08-01 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. FAC 08-01 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" ROAD IMPROVEMENTS Approximate Item Quantity Unit No. Description and Unit Price Total A-1 Provide & Install Mezzanine LS $ _ $ *>)( at - ' Dollars (Lump Sum) Total amount of bid in words for Schedule "A": ^-r ^ I n -C Total amount of bid in numbers for Schedule "A": $<-*•'[ The basis of award will be the sum of Schedule "A". 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. Revised 11/01/06 Contract No. FAC 08-01 Page 10 of 114 Pages 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 VQVjL^V?/M^ > classification fcc\^> which expires on ?nfa\tf\ , and that this statement is true and correct and has the legal effect of an affiaavit. A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City § 7028.15(e). In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. However, at the time the contract is awarded, the contractor shall be properly licensed. The Undersigned bidder hereby represents as follows: 1. That no Council member, officer agent, or employee of the City of Carlsbad is personally interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no representation, oral or in writing, of the City Council, its officers, agents, or employees has inducted him/her to enter into this Contract, excepting only those contained in this form of Contract and the papers made a part hereof by its terms; and 2. That this bid is made without connection with any person, firm, or corporation making a bid for the same work, and is in all respects fair and without collusion or fraud. Accompanying this proposal is yVCX \A>r\(\ (Cash, Certified Check, Bond or Cashier's Check) for ten percent (10%) of the amount bid. The Undersigned is aware of the provisions of section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and agrees to comply with such provisions before commencing the performance of the work of this Contract and continue to comply until the contract is complete. The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2, relative to the general prevailing rate of wages for each craft or type of worker needed to execute the Contract and agrees to comply with its provisions. Revised 11/01/06 Contract No. FAC 08-01 Page 11 of 114 Pages License Detail Page 1 of2 California Home Thursday, November 29, 2007 '•.I." • Welcome lo License Detail Contractor License # 668136 CALIFORNIA CONTRACTORS STATK LICENSE BOARD DISCLAIMER A license status check provides information taken from the CSLB license data base. Before relying on this information, you should be aware of the 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 fails to comply with the terms of the arbitration. . Due to workload, there may be relevant information that has not yet been entered onto the Board's license data base. Extract Date: 11/29/2007 * * * Business Information * * * HEALEY CONSTRUCTION CO 1545 TIDELANDS AVENUE NATIONAL CITY, CA 91950 Business Phone Number: (619) 474-4900 Entity: Sole Ownership Issue Date: 03/26/1993 Expire Date: 03/31/2009 * * * License Status * * * This license is current and active. All information below should be reviewed. * * * Classifications * * * Class| Description |B GENERAL BUJLDJNG CONTRACTOR A GENERAL_ENG1NJEERING CONTRACTOR * * * Bonding Information * * * CONTRACTOR'S BOND: This license filed Contractor's Bond number 52602 in the amount of $12,500 with the bonding company AMERICAN CONTRACTORS INDEMNITY COMPANY. Effective Date: 01/01/2007 Contractor's Bonding History * * * Workers Compensation Information * * * This license has workers compensation insurance with the STATE COMPENSATION INSURANCE FUND Policy Number: 229-0036147 Effective Date: 08/12/2007 Expire Date: 08/12/2008 Workers Compensation History http://www2.cslb.ca.gov/CSLB_LIBRARY/License+Detail.asp 11/29/2007 License Detail Page 2 of 2 Personnel List License Number Contractor Name Personnel Name Request Request Request _ . _ Salesperson NameSalesperson Request Request © 2006 State of California. Conditions of Use Privacy Policy http://www2.cslb.ca.gov/CSLB_LIBRARY/License+Detail.asp 11/29/2007 IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: (1) Name under which business is conducted (2) Signature (given and surname) of proprietor (3) Place of Business City and State (4) Zip Code ^V^^O Telephone No. \JL\A (Street and Number) (5) E-Mail \\OA\g\A 00 ftjQov:. IF A PARTNERSHIP. SIGN HERE: (1) Name under which business is conducted. Co- (2) Signature (given and surname and character of partnerHflote: Signature must be made by a general partner) (3) Place of Business City and State (4) Zip Code (5) E-Mail (Street and Number) Telephone No. Revised 11/01/06 Contract No. FAG 08-01 Page 12 of 114 Pages IF A CORPORATION. SIGN HERE: (1) Name under which business is conducted (2). (Signature) (Title) / Impress Corporate Seal here / (3) Incorporated under the laws of the State/tf. (4) Place of Business (Street and Number) City and State. (5) Zip Code / Telephone No. (6) E-Mail NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED Revised 11/01/06 Contract No. FAC 08-01 Page 13 of 114 Pages 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: i Revised 11/01/06 Contract No. FAC 08-01 Page 14 of 114 Pages BID SECURITY FORM (Check to Accompany Bid) PRE-FABRICATED MEZZANINE AT FIRE STATION #5 CONTRACT NO. FAC 08-01 (NOTE: The following form shall be used if check accompanies bid.) Accompanying this proposal is a *Certified *Cashiers check payable to the order of CITY OF CARLSBAD, in the sum of this amount being ten percent (10%) of the total amount of the bid. The proceeds of this check shall become the property of the City provided this proposal shall be accepted by the City through action of its legally constituted contracting authorities and/the undersigned shall fail to execute a contract and furnish the required Performance, Warranty and Payment Bonds and proof of insurance coverage within the stipulated time; otherwise, the check shall be returned to the undersigned. The proceeds of this check shall also become the property of the City if the undersigned shall withdraw his or her bid within the period of fifteen (15) days aftpr the date set for the opening thereof, unless otherwise required by law, and notwithstanding the/award of the contract to another bidder. dollars ($_J, BIDDER Delete the inapplicable word. (NOTE: If the Bidder desires to use a bond instead of check, the Bid Bond form on the following pages shall be executed-the/sum of this bond shall be not less than ten percent (10%) of the total amount of the bid.) Revised 11/01/06 Contract No. FAC 08-01 Page 15 of 114 Pages BIDDER'S BOND TO ACCOMPANY PROPOSAL PRE-FABRICATED MEZZANINE AT FIRE STATION #5 CONTRACT NO. FAC 08-01 KNOW ALL PERSONS BY THESE PRESENTS: That we, HEALEY CONSTRUCTION co. as Principal, and SURETEC INSURANCE COMPANY as Surety are held and firmly bound unto the City of Carlsbad, California, in an amount as follows: (must be at least ten percent (10%) of the bid amount) TEN PERCENT OF THE TOTAL* for which payment, well and truly made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. *AMQBHT OF ^^ BID THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above- bounden Principal for. PRE-FABRICATED MEZZANINE AT FIRE STATION #5 CONTRACT NO. FAC 08-01 PROJECT HO. FWS08-12FAC BID DATE: NOVEMBER 29, 2007 in the City of Carlsbad, is accepted by the City Council, and if the Principal shall duly enter into and execute a Contract including required bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, being duly notified of said award, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect, and the amount specified herein shall be forfeited to the said City. Revised 11/01/06 Contract No. FAC 08-01 Page 16 of 114 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 PRINCIPAL: HEALEY CONSTRUCTION CO. day of NOVEMBER ,2007 (name of Princtoa BV. (sign here) (print name here) 28TH ,day (Title and Organization of Signatory) By: (sign here) . . (print name here) (title and organization of signatory) Executed by SURETY this. Of NOVEMBER , 20 07 SURETY: SURETEC INSURANCE COMPANY (name of Surety) 3033 FIFTH AVENUE STE 300 SAN DIEGO CA 92103 (address of Surety) '619-400-4107 (telephone number of Surety) By; V ;VUrtAj L- (signature of Atto BROOKE LAFRENZ (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: RONALD R. BALL City Attorney By-. DepUty'CityAtiorney Revised 11/01/06 Contract No. FAC 08-01 Page 17 of 114 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of SAH DIEGO On 28 NOVEMBER 2007 . before m6i Date SS. GLADYS D. ROGERS, NOTARY PUBLIC personally appeared Name and Tide o( Officer (e.g.. 'Jane Doe, Notary PubfcT) BROOKE LAFREHZ Name(s) of Signers) -D."SaS-ssx,agSSSSf^, Place Notary Seal Above ® personally known to me O proved to me on the basis of satisfactory evidence to be the perspn(£) whose name(£) is/are-subscribed to the within instrument and acknowledged to me that fce/she/they executed the same in •hss/herfthek authorized capacitates), and that by -hie/herAheir signature^) on the instrument the person^), or the entity upon behalf of which the person^) acted, executed the instrument WITNESS my hand seal. OPTIONAL of Notay Pubfc Though the information below is not required by law. ft may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document Document Date:. Number of Pages: Signers) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer — Title(s): D Partner —O Limited D General BJ Attorney in Fact D Trustee D Guardian or Conservator D Other: RIGHT THUMBPRINT OFEIGNER • ' Top cK thumb here Signer Is Representing: SURETY Signer's Name: D Individual D Corporate Officer — Trtle(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: RIGHT THUr.lBPRlNT Top of thumb here Signer Is Representing: &&g&&&g&m:is&$g&&im}£m^ 510034 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Larry D. Cogdill, Michael W. Thomas, Ingrid Erika Crosby, Brooke Lafrenz, Jeanette Seidl of La Jolla, CA its true and lawful Attorney(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed Five Million Dollars and no/100 ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attomey(s)-in-Fact may do in the premises. Said appointment shall continue in force until 10/31/08 and is made under and by authority of the following resolutions of the Board of iDirectors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with Ml power and authority to appoint any one or more suitable persons as Attorney(s}-m-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Faot may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements Or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. He it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20* of April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 20th day of June, A.D. 2005. EXEC INSURANCE COMPANY State of Texas ss: County of Harris On this 20th day of June, A.D. 2005 before me personally came BJ. King, to me known, who, being by ;me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. Michelle Denny Notary Pubfis State of fexai My Commteton Expires August 27,2008 Michelle Denny, Notary Puolic My commission expires August 27,2008 I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in ftill force and effecfi and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect 28™ NOVEMBER G iven under my hand and the seal of said Company at Houston, Texas this day 9$ ^ , 20 07 , A.D. Any Instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST. Company Profile Page 1 of 1 Company Profile SURETEC INSURANCE COMPANY 952 ECHO LANE, SUITE 450 HOUSTON, TX 77024 Agent for Service of Process JERE KEPRIOS, C/O CT CORPORATION SYSTEM 818 WEST SEVENTH STREET, 2ND FLOOR LOS ANGELES, CA 90017 Unable to Locate the Agent for Service of Process? Reference Information NAIC#: 10916 NAIC Group #: 0000 California Company ID #: 4914-8 Date authorized in California: October 24, 2005 License Status: UNLIMITED-NORMAL Company Type: Property & Casualty State of Domicile: TEXAS Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossa SURETY Company Complaint Information Company Enforcement Action Documents Company Performance & Comparison Data Composite Complaint Studies Want More? Help Me Find a Company Representative in My Area Financial Rating Organizations Last Revised - September 11, 2007 12:43 PM Copyright © California Department of Insurance http://interactive.web.insurance.ca.gov/webuser/idb_co_prof_utl.get_co_pr... 11/29/2007 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of <-^**' On.before me, personally appeared , / 'V-' I Name and Title of Officer (e.g., "Jane Doe, Notary Public") J. KINDRf ICH Commission * 1700494 Notary Public • California San Diego County My Comm. Expires Oct 23,2010 Name(s) of Signer(s) impersonally known to me D proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. (J Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date:. Number of Pages:. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney-in-Fact D Trustee D Guardian or Conservator D Other: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing^ © 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll-Frae 1-800-876-6827 GUIDE FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTORS" FORM REFERENCES Prior to preparation of the following "Subcontractor Disclosure Form" Bidders are urged to review the definitions in section 1-2 of the General Provisions to this Contract, especially, "Bid", "Bidder", "Contract", "Contractor", "Contract Price", "Contract Unit Price", "Engineer", "Own Organization", "Subcontractor", and "Work". Bidders are further urged to review sections 2-3 SUBCONTRACTS of the General Provisions. CAUTIONS This form will be used by the Agency to determine the percentage of work that the Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct information may result in rejection of the bid as non-responsive. Any bid that proposes performance of more than 50 percent of the work by subcontractors or otherwise to be 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 subcontractors) shall be set forth and included as an integral part of the bid offer. The Designation of Subcontractors form must be submitted as a part of the Bidder's sealed bid. Failure to provide complete and correct information may result in rejection of the bid as non- responsive. Suppliers of materials from sources outside the limits of work are not subcontractors. The value of materials and transport of materials from sources outside the limits of work, as shown on the plans, shall be assigned to the Contractor or the Subcontractor as the case may be, that the Bidder proposes as installer of said materials. The value of material incorporated in any Subcontractor- installed bid item that is supplied by the Bidder shall be included as a part of the work that the Bidder proposes to be performed by the Subcontractor installing said item. When a Subcontractor has a Carlsbad business license, the number must be entered on the proper form. If the Subcontractor does not have a valid business license, enter "NONE" in the appropriate space. When the Bidder proposes using a Subcontractor to construct or install less than 100 percent of a bid item, the Bidder shall attach an explanation sheet to the Designation of Subcontractor form. The explanation sheet shall clearly apprise the City of the specific facts that show the Bidder proposes to perform no less than fifty percent (50%) of the work with its own forces. Revised 11/01/06 Contract No. FAC 08-01 Page 18 of 114 Pages Determination of the subcontract amounts for purposes of award of the contract shall be determined by the City Council in conformance with the provisions of the contract documents and the various supplemental provisions. The decision of the City Council shall be final. Contractor is prohibited from performing any work on this project with a subcontractor who is ineligible to perform work on a public works project pursuant to Labor Code Sections 1771.1 or 1777.7. Bidders shall make any additional copies of the disclosure forms as may be necessary to provide the required information. The page number and total number of additional form pages shall be entered in the location provided on each type of form so duplicated. Am¥ Revised 11/01/06 Contract No. FAC 08-01 Page 19 of 114 Pages DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS (To Accompany Proposal) PRE-FABRICATED MEZZANINE AT FIRE STATION #5 CONTRACT NO. FAC 08-01 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), whicheyer is greater, and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. SUBCONTRACTOR'S BID ITEMS Portion of Work Subcontractor Name and Location of Business Subcontractor's License No. and Classification* Amount of Work by Subcontractor in Dollars* Cv P&O J Y-0. 1 52* CA. Page of pages of this Subcontractor Designation form Pursuant to section 4104 (a)(2)(A) California Public Contract Code, receipt of the information preceded by an asterisk may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice Inviting Bids." Revised 11/01/06 Contract No. FAC 08-01 Page 20 of 114 Pages Nov. 29. 2007 5: 18PM . HEALEY CONSTRUCTION CO. t-t ^ C^UWP \/^ru>W ill U 1 ^^ LJ J. WuA LJk-AU. / No. 1686 P. 2 DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS (To Accompany Proposal) PRE-FABRICATED MEZZANINE AT FIRE STATION #5 CONTRACT NO. FAC 08-01 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 Coda, "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 fn the case of bids or offers for construction of streets and highways, Including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000), whichever Is greater, and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. SUBCONTRACTOR'S BID ITEMS Page -L-J.pages of this Subcontractor Designation form Pureutmt to faction 4104 (aX2XA) California Pubic Contact Code, recelpl or iho infarnwtlpn preceded by an asterisk may bo submitted by the Bidder up to 24 hours after the deadline Sot lubmiuitig bids wTiteined in the "Notice Inviting Bids." T Revised 11/01/06 Contract NO. FAC OB-PI Page 20 of 114 Pages BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) PRE-FABRICATED MEZZANINE AT FIRE STATION #5 CONTRACT NO. FAC 08-01 The Bidder is required to state what work of a similar character to that included in the proposed Contract he/she has successfully performed and give references, with telephone numbers, which will enable the City to judge his/her responsibility, experience and skill. An attachment can be used. Date Contract Completed Name and Address of the Employer JQ^SL MVoicK Name and Phone No. of Person to Contract UA <re/fer«nc. Type of Work 1 S -fc Amount of Contract Revised 11/01/06 Contract No. FAC 08-01 Page 21 of 114 Pages Public Works Projects. (As Prime Contractor) City of San Diego Engineering and Capital Projects Department 1010 2NDAveSte 500 San Diego, Ca 92101 Sherman Heights Community Center 2258 Island Ave San Diego, Ca. 92111 Project Manager: Frank Stollenwerk Tel: 619-533-3172 Project Coordinator: Michelle Haines Tel: 619-533-7431 Kitchen Remodel to meet City Codes Tile, Painting, Plumbing, Concrete, Drywall, Electrical, Doors, Contract: $ 185,000 Date Completed: 1/5/05 Architects: San Diego Restaurant and Supply Architects George Orness 619- 239-8156 1202 Market St San Diego, Ca. 92101 Construction of Apparatus Door Replacement Project Replacement of roll-up doors and seismic retrofit openings for roll-up doors Bid No. K02201 Resident Engineer: Yousef Ibrahim 619-533-3115 Fire Dept: Greg Bennett 858-573-1364 Supervisor: Mike Feuersinger 858-573-5019 Tel: (858)627-3299 Contract: $838,631.82 Year Completed: 2003 Original Scheduled Date of Completion: 6/6/03 Actual Date of Completion: 9/8/03 Time Extension Granted: 63 days Architects: Tectonics Architects, Planners, Engineers 501 W. Broadway, Suite 201 San Diego, Ca. 92101 Location: Fire Station No. 3 Station No. 8 725 W. Kalmia Street 3974 Goldfinch San Diego, CA 92103 San Diego, CA 92103 Station No. 9 7870 Ardath Lane San Diego,CA 92037 Station No. 13 809 Nautilus Street San Diego,CA 92037 Station No. 19 3434 Ocean View Boulevard San Diego,CA 92110 Station No. 21 750 Grand Avenue San Diego,CA 92109 Station No. 30 2265 Coronado Avenue San Diego,CA 92053 Station No. 35 4285 Eastgate Mall San Diego,CA 92037 Station No. 38 8441 New Salem Street San Diego,CA 92126 City of San Diego Field Engineering Division 9485 Aero Dr. San Diego, Ca 92123 Robb Field Comfort Station Construction of New Restroom Facilities/Comfort Station 2525 Bacon St. San Diego, Ca. 92121 Project # K041666 Project Manager: Tony Bonacorsi. Tel: (619) 533-4491 Fax: (619) 533-3112 Resident Engineer: Bill Swallow Tel: (858) 627-3281 Contract: $367,000 Date Completed: 05/15/05 Station No. 10 4605 62 nd. Street San Diego,CA 92115 Station No. 15 4711 Voltaire Street San Diego,CA 92107 Station No. 20 3305 Kemper Boulevard San Diego,CA 92110 Station No. 26 2850 54 th. Street San Diego,CA 92105 Station No. 34 6565 Cowles Mountain Road San Diego,CA 92119 Station No. 36 5855 Chateau Drive San Diego,CA 92117 Station No. 39 4949 La Cuenta Drive San Diego,CA 92124 Architects: Munroe & Orsa Architects, Inc. Steve Reynolds 8555 Aero Dr. Suite 208 San Diego, Ca. 92123 Tel: (858) 569-6877 City of Coronado 1825 Strand Way Coronado, Ca. 92118 Alameda Storage Yard Facility Upgrade Bid # 05-CO-ES-322 Project Manager. Eric Minicilli. Tel: (619) 522-2424 Fax: (619) 522-2408 Contract $107,000 Year Completed: 2005 Coronado Children's Library Installation of Children's Portal Glass Artwork 640 Orange Avenue Coronado, CA 92118 Project Manager: Steve Easterday Tel: (619) 522-7383 Contract: $ 28,132.23 Project* 06-CO-ES-348 Year Completed: 2007 San Diego Unified School District Contracts Management Office 4860 Ruffner Street San Diego, CA 92111 Jerabek Elementary School Architect: R.J. Maus. Tel: 858 484-7850 Contract: $45,699.17 Year Completed: 2001 Linda Vista Annex Project Inspector: Ed Gray. Tel: 858 573-5714 Contract: $197,454.69 Year Completed: 2002 La Jolla High School Project Manager. Rick Mortazavi. Tel: (858) 627-7188 Contract: $103,917 Year Completed: 2005 Furnish & Install Doors at Various District Sites Contract # C34-028-KA Project Manager: Tony Ruiz 858-573-5700 Project Coordinator: Mike Petri. Tel: 858 573-5707 Contract: $766,133.90 Date: Completed: 7/31/05 San Diego High School Montgomery Junior High School Pacific Beach Middle School Taft Middle School Fulton Elementary School Carver Elementary School Adams Elementary School Jackson Elementary School Serra High School Mira Mesa high School Logan Elementary School Utility and Site Preparation to Install Modular Unit at Sherman Elementary School 450 24th Street San Diego, Ca 92102 Project Manager: Rick Mortazavi Tel: (858) 627-7188 Contract: $ 69,626.00 Project #C56-023-KA Year Completed: 2006 Coronado Unified School District. 555 D. Avenue Coronado, Ca. 92118 Village Elementary Contract $128,000 Year Completed: 2005 PM: Linda Visnick 619-522-8900 x 16 Chula Vista Elementary School District 84 East J Street Chula Vista, CA 91910 ADA / Bathroom Remodels Project Manager: David Dow Tel: ( 619) 425-9600 Ext. 1421 Contract: $216,695.10 Year Completed: 01/31/2000 Juarez-Lincoln School 849 Twining Avenue Chula Vista, CA 92154 Los Altos School 1332 Kenalan Drive Chula Vista, CA 92154 Rohr School 1540 Malta Avenue Chula Vista, CA 91911 Valley Vista School 3724 VaUey Vista Way Bonita,CA 91902 Grossmont College Community College District 8800 Grossmont College Drive El Cajon, Ca 92020 Grossmont College 500 Building Bathroom Remodel 8800 Grossmont College Drive El Cajon, Ca 92020 Project Manager: Tim Flood Project # C6645 Tel: (619) 644-7653 Contract: $443,473.02 Year Completed: 8/31/2006 San Diego Housing Commission 9541 Ridgehaven Court San Diego, California 92123 Various Site Improvements at 3410 - 3420 43rd. Street and 4390 Maple Street San Diego, CA Project No. 707-27 Contract: $50,000.00 Year Completed: 1998 Project Manager: Thorn Ford. Tel: 858 573-1474 Replacement of Doors at various public housing sites Project No. 707-28 Contract: $94,121.06 Year Completed: 2000 Project Manager: Jessie Helton. Tel: (619) 520-0256 Fax: (619) Installation &/ or Repair of exterior water heater & utility cabinet doors 2052-2095 Via Las Cumbres, San Diego Bid No. 99-MYA-l Contract: $150,000.00 Year Completed: 1997 Project Manager: Steve Callow Tel: (619) 636-4808 Replacement of exterior water heater & utility cabinet doors & various other improvements 2005 - 2065 Alaquinas Dr, San Diego Contract: $164,045.90 Year Completed: 1999 Project Manager: Steve Callow Tel: (619) 636-4808 Replacement of water heater doors & various other improvements 178 -179 Calle Primera, San Ysidro Contract: $62,477.47 Year Completed: 2000 Cecil Davis Tel: (858) 537-1448 Fax: (858) Installation of Security Window Barriers 281 Sycamore Street 3010 35th Street 4080 Arizona Street San Diego Bid No. 502-01-8 Project Manager: Contract: $84,211.07 Year Completed: 2002 Cecil Davis. Tel: (858) 537-1448 Provision of Various Site Improvements/ Repairs & Landscape Additions 12643 - -12687 El Camino Real San Diego, CA Project No. 501-19 Contract: $192,098.00 Year Completed: 2002 Project Manager: Thorn Ford. Tel: (858) 573-1474 Removal & Replacement of Landing Surfaces/ Stair Reinforcement/ Application of Anti- Grafitti 4164 37 th. Street, San Diego, CA Project No. 501-02-12 Contract: $21,878.52 Year Completed: 2003 Project Manager: Jessie Helton Tel: (619) 520-0256 Exterior Renovation, Concrete & Landscape Upgrade 3010 39 th. Street San Diego, CA 92105 Project No. 501-02-13 Contract: $118,008.85 Year Completed: 2004 Project Manager: Cecil Davis Tel: (619) 578-7482 The San Diego Community College District 3375 Camino del Rio South, Suite 310 San Diego, CA 92108-3883 AD A/Bathroom Remodels Project Manager: Brian Adams Tel: (619)425-9600 Contract: $105,459.37 Year Completed: 1997 Naval Pacific Meteorology and Oceanography Facility (NAVPACMETOCFAC) San Diego, Calif ornia Jerry Noel. Tel: ( 619) 545-986 Replacement of Windows on the Weather Station North Island Replace Doors Commanding Officer / Office Changes Oak Work Station Oak Trim Windows & Doors Oak Cabinet / Work Station Replacement of Windows on the Weather Station North Island Contract: $359,000.00 Year Completed: 10/15/2002 Premium Roof Services 864 34th Street San Diego, Ca 92102 Nobel Court Apartments 8889 Caminito Plaza Centre, San Diego, CA 92122 Project Manager: Peter Odallos Tel: (619) 239-8880 Contract: $ 25,376.40 Year Completed: 2006 David Keith Healey 2964 Kalmia Street San Diego, California 92104 (619) 563-5868 (Residence) (619) 474-4900 (Business) SUMMARY OF QUALIFICATIONS Extensive experience in all phases of building construction, including estimating, purchasing, subcontracting, project management, administration and supervision. Commitment to quality job completion and proven ability to work with a variety of people. Experience has developed skills in leadership, instruction, negotiation, organization, delegation as well as knowledge of the rules and regulations governing construction. LICENSURE EDUCATION Formal Professional State of California, A & B Contractor License No. 668136 University of California, San Diego, 1989-1993 Construction Specifications and Contracts Project Scheduling and Supervision Uniform Building Code Construction Contracts Newcastle Technical College State of New South Wales, Australia, 1964-1969 JOURNEYMAN CARPENTER AND JOINER Associated General Contractors of America, 2002 Sure Track Project Manager 3.0 Alberta Advanced Education & Manpower Interprovincial Standard, 1981, CARPENTER Certificate of Qualification, 1981, CABINETMAKER Certificate of Qualification, 1979, CARPENTER WORK EXPERIENCE 1993 - Present Owner and Operator Healey Construction Co. General contractor responsible for all phases of commercial and residential construction. DAVID KEITH HEALEY (Page Two) 1992 -1993 Foreman Carpenter Wm. G. Tadlock Construction Worked on the construction of the Consolidated Club, Naval Submarine Base, Point Loma, San Diego, California. 1991 - 1992 Assistant Proj ect Manager Monger Industries, Inc. Construction of a 127' replica of an OSSA II Russian Patrol Boat; life sized F-15 and F-16 Jet Fighter Decoys for the U.S. Navy, Advanced System Development Branch 1990 -1991 Assistant Superintendent VanMaren Construction (1984), Inc. Vancouver, Canada Duties included supervision of 12 employees, overseeing the overall completion and quality of the work performed by the sub-trades on a 26 level high-rise and reporting directly to the site manager. Also responsible for safe work practices in La Jolla, California. 1989 -1990 Carpenter & Foreman Nielson Construction Company, San Diego, California Worked as a Foreman on the construction of an underground vault; then was transferred to do concrete forming for a large shopping complex in the finishing stages. Transferred to layout to ensure the accuracy of a 4 building tilt-up project at UCSD. 1988 -1989 Superintendent - Foreman Switzer Construction Ltd., Calgary, Alberta Project management and coordination of a 45,500 square foot commercial building. Coordinated subtrades, working with the Owner, Engineers, Architect and Designers. Directly supervised 10 employees and material purchasing. DAVID KEITH HEALEY (Page Three) 1984 -1988 Self Employed Carpenter-Contractor Involved in all phases of custom home and commercial construction. Design and completion of renovations, cabinetmaking and interior finishing. Coordinating sub-trades and handling on-site supervision. 1979 -1984 Instructor - Structures Department Southern Alberta Institute of Technology Instructional duties included the teaching of theory, mathematics, technical drawing/blueprint reading and shop to first and fourth year apprentice students. Area of specialization: Housing. Taught cabinetmaking to students enrolled in the Continuing Education Program. Additional responsibilities included: computerization of examination system, review and revision of program content and modernization of shop environment to enhance the quality of the teaching program. 1975 -1979 Superintendent - Carpenter Kamcom Construction, Ltd., Calgary, Alberta Involved in all phases of construction. Designed a pre-fabrication system. As Superintendent, acted as job-site manager and supervised the work activity of 105 construction workers. 1973 - 1975 Carpenter work in South Africa, England and Panama while traveling internationally. 1964 -1973 Apprentice Carpenter W.J. Dean and Sons Ltd., N.S.W., Australia Additional references available on request BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION (To Accompany Proposal) PRE-FABRICATED MEZZANINE AT FIRE STATION #5 CONTRACT NO. FAC 08-01 As a required part of the Bidder's proposal the Bidder must attach either of the following to this page. 1) Certificates of insurance showing conformance with the requirements herein for each of: Comprehensive General Liability Automobile Liability Mfi Workers Compensation SL_ Employer's Liability 2) Statement with an insurance carrier's notarized signature stating that the carrier can, and upon payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for Comprehensive General Liability, Automobile Liability, Workers Compensation and Employer's Liability in conformance with the requirements herein and Certificates of insurance to the Agency showing conformance with the requirements herein. All certificates of insurance and statements of willingness to issue insurance for auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated in The Notice Inviting Bids and the General Provisions for this project for each insurance company that the Contractor proposes. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. Revised 11/01/06 Contract No. FAC 08-01 Page 22 of 114 Pages 01/08/2008 15:34 FAX 6192264818 ALLSEAS EI002/002 ACQRDn CERTIFICATE OF LIABILITY INSURANCE PRODUCER Allserfs Insurance Services, Inc. 1050 Rosecrsns Suite 8 ****** Sai Diego. CA 92106 W Phone (619)226-6058 Fax (619)226-4818 INSURED Healey Construction Company 1545 Tidelands Ave. National City, CA 91950 DATE (MM/DD/YY) 01/03/08 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE USURER* Navigators Specialty Insurance USURER B: PROGRESSIVE CASUALTY INS CO INSURER c: TOPA INSURACE CO INSURER D: GREAT AMERICAN USURER E: COVERAGES USURER F: NAICft THE POLICES OF INSURANCE LISTED HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD WDCATED. NOTWITHSTANDING MAY PERT AN. THE INSURANCE AFFORDED BY THE POLICES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICES. AGGREGATE LMFTS SHOWN MAY HAVE BEEN REDUCED BY PAD CLAIMS. INSR |,TR A B C D ADDt JHSBtL 0 D D D TYPE OF INSURANCE GENERAL LIABILITY SI COMMERCIAL GENERAL LIABILITY DD CLAIMS MADE 0 OCCUR Dn GENt AGGREGATE LMT APPLES PER: D POLICY 0 PROJECT Q LOG AUTOMOBLE LIABILITY D ANYAUTO D ALL OWNED AUTOS ® SCHEDULED AUTOS 0 HRED AUTOS SI NON OWNED AUTOS nn GARAGE UABLITY D ANYAUTO D EXCESS LIABILITY 0 OCCUR D CLAMS MADE D DEDUCTBLE D RETENTION WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRETOR / PARTNER / EXECUTIVE OFFICER / MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below OTHER CONTRACTORS EQUIPMENT POLICY NUMBER SF07CGL007510-00 01844195-9 XL24138 IMP-972-06-91-00 POUCY EFFECTIVE DATEtHMUDOfYY) 03/07/07 07/13/07 07/16707 10/05707 POLICY EXPIRATION DATetMIMXm) 03/07/08 01/13/08 03/07/08 10/05/08 LIMITS EACH OCCURRENCE DAMAGE TO RENTEDPREMISES (Ea oceutence) MED EXP (Anyone person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG COMBNEDSMGLELMIT (Ee accident) BODLY NJURY (Perpemon) BODILY NJURY (Per accident) PROPERTY DAMAGE (Per accident) AUTO ONLY - EA ACCCENT OTHER THAN EAACC AUTO ONLY:AGG EACH OCCURRENCE AGGREGATE n WCSTATU-*— 'TORYLMITS JiSH- E.L. EACH ACCDENT E.L. DISEASE - EA EMPLOYEE E.L DISEASE - POLICY LMIT ACV, $1000 Ded 1.000.000 50,000 5.000 1,000.000 2,000.000 1.000,000 1,000,000 1.000,000 1,000.000 24,000 DESCRIPTION OF OPERATIONS / LOCATIONS / V&I1CLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS General Contractor doing remodeling of schools for San Diego School District. RE: Operations of the named insured subject to the terms and conditions of the policy. 10 days notice of cancellation in the event of non-payment of premium. RE: PRE: FABRICATED STEEL MEZZANINE AT FIRE STATION #5 BID NO. PWS08-12FAC, PROJECT NO. FAC08-01 CERTIFICATE HOLDER CANCELLATION City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008-7314 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO ,SO SHALL IMPOSE NO OBLIGATION OR LIABILITY ITS AGENTS OR REPRESENTATIVES. THE LEFT. BUT FAILURE TO I OF ANY KIND UPON! ACORD 25 (2001/08)©ACORD CORPORATION 1988 01/03/2008 15:34 FAX 6192264818 ALLSEAS 11003/005 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED ENDORSEMENT (EXCLUDING RESIDENTIAL) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) CG 20 10 11 85 SCHEDULE Name of Person or Organization: Any person or organization that the named insured is obligated by virtue of a written contract or agreement to provide insurance such as Is afforded by the policy. WHO IS AN INSURED (Section II) is amended to Include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out or "your work" for that insured by or for you. The following additional provisions apply to any entity that is an insured by the terms of this endorsement: 1. Primary Wording If required by written contract or agreement: Such insurance as is afforded by this policy shall be primary insurance, and any insurance or self-insurance maintained by the above additional insured(s) shall be excess of the insurance afforded to the named Insured and shall not contribute to it. 2. Waiver of Subrogation If required by written contract or agreement: We waive any right of recovery we may have against an entity that is an additional Insured per the terms of this endorsement because of payments we make for injury or damage arising out of "your work" done under a contract with that person or organization. 3. Neither the coverages provided by this insurance policy nor the provisions of this endorsement shall apply to any claim arising our of the sole negligence of any additional insured or any of their agents/employees. 4. This endorsement does not apply to any work involving or related to properties intended for permanent residential or habltatlonal occupancy (other than apartments). The words "you and "your" refer to the Named Insured shown in the Declarations. "Your work" means work or operations performed by you or on your behalf; and materials, parts or equipment furnished in connection with such work or operations. ANF-ES 160 (5/2006) 01/03/2008 15:35 FAX 6192264818 ALLSEAS i]004/005 CERTHOLDER COPY SD P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807 FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE COMPENSATIONIN SURANCE ISSUE DATE: 01-03-2008 CITY OF CARLSBAD 1635 FARADAY AVE CARLSBAD CA 92008-7314 SD GROUP: 000228 POLICY NUMBER: 0036147-2007 CERTIFICATE ID: 5 CERTIFICATE EXPIRES: 08-12-2008 08-12-2007/08-12-2008 THIS CERTIFICATE SUPERSEDES AW) CORRECTS CERTIFICATE f 4 DATED 01-03-2008 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of arty contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. IZED REPRESENTATIVE^PRESIDENT UNLESS INDICATED OTHERWISE BY ENDORSEMENT, COVERAGE UNDER THIS POLICY EXCLUDES THE FOLLOWING: THOSE NAMED IN THE POLICY DECLARATIONS AS AN INDIVIDUAL EMPLOYER OR A HUSBAND AND WIFE EMPLOYER; EMPLOYEES COVERED ON A COMPREHENSIVE PERSONAL LIABILITY INSURANCE POLICY ALSO AFFORDING CALIFORNIA WORKERS' COMPENSATION BENEFITS; EMPLOYEES EXCLUDED UNDER CALIFORNIA WORKERS' COMPENSATION LAW. EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 08-12-2007 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER HEALEY, DAVID INCH, HEATHER 1545 TIDELANDS AVE STE F NATIONAL CITY CA 91050 SD (REV.2-05) [B13.SD] PRINTED : 01-03-2008 BIDDER'S STATEMENT RE DEBARMENT (To Accompany Proposal) PRE-FABRICATED MEZZANINE AT FIRE STATION #5 CONTRACT NO. FAC 08-01 1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California? yes 2) If yes, what was/were the name(s) of the agency(ies) and what was/were the period(s) of debarment(s)? Attach additional copies of this page to accommodate more than two debarments. party debarred agency debarred agency period of debarment period of debarment BY CONTRACTOR: Wji (name oLConiractor) Co. By: (sign he/e) Qvo\i\e,r (print name/title) Page of pages of this Re Debarment form Revised 11/01/06 Contract No. FAC 08-01 Page 23 of 114 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD ***** (To Accompany Proposal) PRE-FABRICATED MEZZANINE AT FIRE STATION #5 CONTRACT NO. FAC 08-01 Contractors are required by law to be licensed and regulated by the Contractors' State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors' State License board, P.O. Box 26000, Sacramento, California 95826. 1) Have you ever had your contractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? yes no 2) Has the suspension or revocation of your contractor's license ever been stayed? yes no 3) Have any subcontractors that you propose to perform any portion of the Work ever had their contractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? yes 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 5) If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the party disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of the violation and the disciplinary action taken therefore. (If needed attach additional sheets to provide full disclosure.) Page ^ of pages of this Disclosure of Discipline form Revised 11/01/06 Contract No. FAC 08-01 Page 24 of 114 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) PRE-FABRICATED MEZZANINE AT FIRE STATION #5 CONTRACT NO. FAC 08-01 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. Ulft (If needed attach additional sheets to provide full disclosure.) BY CONTRACTOR: (namejof Contractor) By: (sign here) / (print name/title) Page V^_ of v pages of this Disclosure of Discipline form Revised 11/01/06 Contract No. FAC 08-01 Page 25 of 114 Pages NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 PRE-FABRICATED MEZZANINE AT FIRE STATION #5 CONTRACT NO. FAC 08-01 State of California County of (Name of Bidder) first duly sworn, deposes and says that he or she is (Title) of * (Name of Firm) the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that 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, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under pen executed on the if perjury that the foregoing is true and correct and that this affidavit was day of VjoOg_y\^OeX , 2fT Signature of Bidder Subscribed and sworn to before me on the (T \day of , 20 o"1. (NOTARY SEAU . . o J. KINDREICH Commission* 1700494 Notary Public - California San Diego County MyComm.ExplfetOct2a.20K Signature of Notary Revised 11/01/06 Contract No. FAC 08-01 Page 26 of 114 Pages This agreement is made this CONTRACT PUBLIC WORKS day of. by and between the City of Carlsbad, California, a mumiipal corporation/flhereinafter called "City"), and HEALEY CONSTRUCTION COMPANY U whose principal place of business is 1545 TIDELANDS AVENUE NATIONAL CITY CA 91950 (hereinafter called "Contractor"). City and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in the Contract documents for: PRE-FABRICATED MEZZANINE AT FIRE STATION #5 CONTRACT NO. FAC 08-01 (hereinafter called "project") 2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents. 3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids, Contractor's Proposal, Bidder's Bond, Designation of Subcontractors, Technical Ability and Experience, Re Debarment, Non-collusion Affidavit, Escrow Agreement, Release Form, the Plans and Specifications, the General Provisions, addendum(s) to said Plans and Specifications and General Provisions, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, and all bonds for the project; all of which are incorporated herein by this reference. Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as indicated, specified, and implied by the Contract Documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the Contractor's expense to fulfill the intent of said documents. In all instances through the life of the Contract, the City will be the interpreter of the intent of the Contract Documents, and the City's decision relative to said intent will be final and binding. Failure of the Contractor to apprise subcontractors and materials suppliers of this condition of the Contract will not relieve responsibility of compliance. 4. Payment. For all compensation for Contractor's performance of work under this Contract, City shall make payment to the Contractor per section 9-3 PAYMENT of the General Provisions section of this contract. The Engineer will close the estimate of work completed for progress payments on the last working day of each month. The City shall withhold retention as required by Public Contract Code Section 9203. 3Revised 11/01/06 Contract No. FAC 08-01 Page 27 of 114 Pages 5. Independent Investigation. Contractor has made an independent investigation of the jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the work, and is aware of those conditions. The Contract price includes payment for all work that may be done by Contractor, whether anticipated or not, in order to overcome underground conditions. Any information that may have been furnished to Contractor by City about underground conditions or other job conditions is for Contractor's convenience only, and City does not warrant that the conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground conditions and has not relied on information furnished by City. 6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenches or other excavations that extend deeper than four feet below the surface Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: A. Hazardous Waste. Material that Contractor believes may be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law. B. Differing Conditions. Subsurface or latent physical conditions at the site differing from those indicated. C. Unknown Physical Conditions. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract. City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in contractor's costs of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in this contract. In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the contractor's cost of, or time required for, performance of any part of the work, contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. 7. Immigration Reform and Control Act. Contractor certifies it is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this Contract. 8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with California Labor Code, section 1773 and a copy of a schedule of said general prevailing wage rates is on file in the office of the City Engineer, and is incorporated by reference herein. Pursuant to California Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor shall post copies of all applicable prevailing wages on the job site. Am¥ Revised 11/01/06 Contract No. FAC 08-01 Page 28 of 114 Pages 9. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those relating to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by the Contractor, whether intentional or otherwise, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. 10. Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. Said insurance shall meet the City's policy for insurance as stated in City Council Policy # 70. (A) Coverages And Limits Contractor shall maintain the types of coverages and minimum limits indicted herein: a. Commercial General Liability Insurance: $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. Revised 11/01/06 Contract No. FAC 08-01 Page 29 of 114 Pages b. The Contractor's insurance coverage shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be in excess of the contractor's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees or volunteers. d. Coverage shall state that the contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (C) Notice Of Cancellation. Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage or limits except after ten (10) days' prior written notice has been sent to the City by certified mail, return receipt requested. (D) Deductibles And Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured retention levels must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. (E) Waiver Of Subrogation. All policies of insurance required under this agreement shall contain a waiver of all rights of subrogation the insurer may have or may acquire against the City or any of its officials or employees. (F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Coverages for subcontractors shall be subject to all of the requirements stated herein. (G) Acceptability Of Insurers. Insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:VII. Insurers must also be authorized to transact the business of insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a listing in the official publication of the Department of Insurance of the State of California and/or under the standards specified by City Council Policy # 70. (H) Verification Of Coverage. Contractor shall furnish the City with certificates of insurance and original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be in forms approved by the City and are to be received and approved by the City before the Contract is executed by the City. (I) Cost Of Insurance. The Cost of all insurance required under this agreement shall be included in the Contractor's bid. 11. Claims and Lawsuits. All claims by contractor 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. Revised 11/01/06 Contract No. FAC 08-01 Page 30 of 114 Pages (A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. (B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution. (C) Government Code. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. (D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. (E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented from further bidding on public contracts for a period of up to five years. (F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. (G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor from participating in future contract bidding. (H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. I have read and understand all provisions of Section 11 aboveS *?%** . init init 12. Maintenance of Records. Contractor shall maintain and make available at no cost to the City, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 1, Article 2, of the Labor Code. If the Contractor does not maintain the records at Contractor's principal place of business as specified above, Contractor shall so inform the City by certified letter accompanying the return of this Contract. Contractor shall notify the City by certified mail of any change of address of such records. 13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with section 1720 of the Labor Code are incorporated herein by reference. 14. Security. Securities in the form of cash, cashier's check, or certified check may be substituted for any monies withheld by the City to secure performance of this contract for any obligation 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. Am¥ Revised 11/01/06 Contract No. FAC 08-01 Page 31 of 114 Pages 15. Unfair Business Practices. In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the parties. 16. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon application of either party, the Contract shall forthwith be physically amended to make such insertion or correction. 17. Additional Provisions. Any additional provisions of this agreement are set forth in the "General Provisions" or "Supplemental Provisions" attached hereto and made a part hereof. NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED (CORPORATE SEAL) CONTRACTOR:rporation of HEAT*ft I. MCM Convn«»ion * 1657930 Notary Puwc - CoMOmto (name of Contractor) (sign here) eci arn(print name and title)LORRAINE M. WOOD, City QJ$feBAb ^ - >v *£*•• ' (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: RONALD R. BALL City Attome Revised 11/01/06 Contract No. FAG 08-01 Page 32 of 114 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT X^-c^-x^c^c^c^XT^ofX^^ State of California v County of ^^ A 'A«Qo ' On /70-^-- "* ) ofoo^ before me. // Date -X, pereonally appeared J^"\^l O ~J\ . r i^TlA MBBMBIttCM | OPT/ 1> ss / \ i Name and Title of Officer (e.g.. "Jane Doe, Notary Public") ; l&h-& . ' Name(s) en Signer(s) 1 i personally known to me 1 : proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my /Bind and official seal. ^ftgrla'ture of Notary Public mlAI /"* Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: ^^^-A/lAX N^ f"~?1<- 0 0 ~ G 1 /jjj,^ Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Sianer's Name: «_L-* TY | 0 ~r^- . ' J ^ . ^.Individual H Corporate Officer — Title(s): D Partner — iZ Limited n General LJ Attorney-in-Fact •H Trustee n Guardian or Conservator n Other:— - i r*-S^ rSianer Is Representing: VNumber of Pages: L«JtM ^^^B^^^^^^^^^^^H Of' SIGNER™' ^H„ J Top of thumb here /^^Gt^QC^G^GQC^GOG^G^ ) 1999 National Notary Association • 9350 De Soto Ave.. P.O. Box 2402 • Chatsworth. CA 91313-2402 • www.nationalnotaty.org Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 BOND NO. 4365103 PREMIUM: $1,483.00 FAITHFUL PERFORMANCE/WARRANTY BOND WHEREAS, the City of Carlsbad, State of California, has administratively awarded to HEALEYCONSTRUCTION COMPANY (hereinafter designated as the "Principal"), a Contract for: PRE-FABRICATED MEZZANINE AT FIRE STATION #5 CONTRACT NO. FAC 08-01 in the City of Carlsbad, in strict conformity with the contract, the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond for the faithful performance and warranty of said Contract; NOW, THEREFORE, WE HEALEYCONSTRUCTION COMPANY , as Principal, (hereinafter designated as the "Contractor"), and SURETEC INSURANCE COMPANY as Surety, are held firmly bound unto the City of Carlsbad in the sum of FIFTY NINE THOUSAND THREE HUNDRED NINETEEN Dollars ($59,319), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, their heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the Contract and any alteration thereof made as therein provided on their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Carlsbad, its officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed there under or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. Revised 11/01/06 Contract No. FAC 08-01 Page 35 of 114 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 3RD day of JANUARY t 20 08 . CONTRACTOR: HEALEY CONSTRUCTION CO. (name of Contractor) By: (sign here) O.K. HEALEY, OWNER (print name here) OWNER, HEALEY CONSTRDCITON CO. (Title and Organization of Signatory) By: (sign here) (print name here) Executed by SURETY this 3RD day of JANUARY .2008 SURETY: SURETEC INSURANCE COMPANY (name of Surety) 3033 FIFTH AVE., STE. 300, SAN DIEGO, CA (address of Surety) 92103 619/400-4107 (telephone number of Surety) By: (signature of Attorney-ija-Fact) BROOKE LAFRENZ (printed name of Attomey-in-Fact) (Attach corporate resolution showing current power of attorney.) (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: RONALD R. BALL City Attorney Deputy City Attorney Revised 11/01/06 Contract No. FAC 08-01 Page 36 of 114 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of SAN DIEGO On 05 .~N a /Data personally appeared before me, D . \< . fr** Hefe Insert Name and Iffle 1C of the Officer Name(s) of Signers) who proved to me on the basis of satisfactory evidence to be the person^) whose name(e) is/are subscribed to the within instrument and acknowledged to me that -he/she/they-executed the same in-bis/her/their-authorized capacity(iss), and that by bis/her/their signature^) on the instrument the person^), or the entity upon behalf of which the person{fe) 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. 6. Place Notary Seal Above Signature OPTIONAL - i of NSary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date:. Number of Pages:. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer —Title(s): D Partner — D Limited D General S Attorney in Fact D Trustee D Guardian or Conservator D Other: niGHTTHUMBPRINT OF SIGNER Top of thumb here Signer Is Representing: SURETY Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: _ Top of thumb here O2007 National Notary Association -9350 De Solo Avs., P.O. Box 2402- Chatswortti.CA 91313-2402-www.NadonalNotary.org ltem«5907 Reorder: Cal Toll-free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of SAN DIEGO 1 On 03 JANUARY 2008 before me, Dale GLADYS D. ROGERS, NOTARY PUBLIC Here Insert Name and Title of the Officer personally appeared BROOKE LAFRENZ Name(s) of Signer(s) ^ - GLADYS D. ROGERS Commission #1537880 - Notary Public - California I > San Diego County f My Comm. Expires Dec ad 2008F• • • • • • • • v 4 who proved to me on the basis of satisfactory evidence to be the person^) whose name(s) is/are subscribed to the within instrument and acknowledged to me that -he/she/they- executed the same in-his/her/theirauthorized capacity(ies), and that by bie/her/their signature^) on the instrument the person^), or the entity upon behalf of which the person^) 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 Place Notary Seal Above Signature OPTIONAL - // .^Signature of Public Though the information below is not required by law, It may prove valuable! to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date:. Number of Pages:. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General CS. Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing:. SURETY Top of thumb here SURETEC INSURANCE COMPANY Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: lop ol thumb here 8 O 2007 National Notary Assodatton- 9350 DeSotoAve., P.O. Box 2402- Chateworth.CA 91313-2402-www.NationalNolary.org ltem*S907 Reorder: Cal Tot-Free 1-800-B7W827 POAfc 510034 SureTee Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Larry D. Cogdill, Michael W. Thomas, Ingrid Erika Crosby, Brooke Lafrenz, Jeanette Seidl of La Jolla, CA its true and lawful Attorney(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed Five Million Dollars and no/100 ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attomey(s)-in-Fact may do in the premises. Said appointment shall continue in force until 10/31/08 and is made under and by authority of the following resolutions of the Board of Directors of the SureTee Insurance Company: Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20* of April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 20th day of June, A.D. 2005. HSURETEC INSURANCE COMPANY State of Texas ss: County of Harris On this 20th day of June, A.D. 2005 before me personally came BJ. King, to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. Michelle Denny Notary PubBe My Commission Expires August 27,2008 -'Wim&UuL, beano-, Michelle Denny, Notary Public My commission expires August 27,2008 I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in thePower of Attorney are in full force and effect Given under my hand and the seal of said Company at Houston, Texas this 3RD day of JAITOftRY 2Q08 . A.D. Brent Beafy, Assistant $ Any instrument Issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST. BOND NO. 4365103 PREMIUM: INCLUDED IN PERFORMANCE BOND PREMIUM LABOR AND MATERIALS BOND WHEREAS, the City of Carlsbad, State of California, has administratively awarded to HEALEYCONSTRUCTION COMPANY (hereinafter designated as the "Principal"), a Contract for: PRE-FABRICATED MEZZANINE AT FIRE STATION #5 CONTRACT NO. FAC 08-01 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 HEALEYCONSTRUCTION COMPANY as Principal, (hereinafter designated as the "Contractor"), and SURETEC INSURANCE COMPANY as Surety, are held firmly bound unto the City of Carlsbad in the sum of FIFTY NINE THOUSAND THREE HUNDRED NINETEEN Dollars ($59,319), 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 3181, or for amounts due under the Unemployment Insurance Code with respect to the work or labor performed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the 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 3248. This bond shall inure to the benefit of any of the persons named in California Civil Code section 3181, 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 11/01/06 Contract No. FAC 08-01 Page 33 of 114 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 3RD day of JANUARY , 20 08 CONTRACTOR: HEALEY CONSTRUCTION CO. (name of Contractor) By:_ D.K. HEALEY (sign here) (print name here) OWNER, HEALEY CONSTRUCTION CO. By:_ (title and organization of signatory) (sign here) (print name here) Executed by SURETY this. Of JANUARY 3RD day _, 20 08 . SURETY: SURETEC INSURANCE COMPANY (name of Surety) 3033 FIFTH AVE., STE. 300, SAN DIEGO, CA (address of Surety) 92103 619/400-4107 (telephone number of Surety) By:. (signature o^ttorney-ir,-Fact) BROOKE LAFRENZ rnfty (printed name of Attorney-in-Fact) (attach corporate resolution showing current power of attorney) (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: RONALD R. BALL City Attorney By: XWJ. Deputy City Attorney Revised 11/01/06 Contract No. FAC 08-01 Page 34 of 114 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ®^®Q®*^ State of California County of SAN DIEGO On O$ dtfyvfa^} 2*"** before mei £>. Dale personally appeared U . >*-• rig , Hate »r r s\y\i Insert Name and TitW of the Officer Name(s) of Signers) Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person^) whose name(s) is/afe subscribed to the within instrument and acknowledged to me that -he/she/they-executed the same in-ttis/her/their-authorized capacity(ies), and that by his/her/their signature^) on the instrument the person^), or the entity upon behalf of which the person(fe) 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 L^i '"" OPTIONAL > it Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date:. Number of Pages:. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer —Title(s): D Partner — D Limited D General (X Attorney in Fact D Trustee D Guardian or Conservator D Other: niGHTTHUMBPRINT OF SIGNER Top of thumb here Signer Is Representing: SURETY Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: Top of thumb here O2007 National Notary Association-9350 De Soto Avo., P.O.Box2402-Chatsworlh,CA 91313-2402-www.NationalNotary.org ltem*S907 Reorder: Ca«Tol-Free1-800-B7fr6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of SAN DIEGO On 03 JANUARY 2008 before me, Date GLADYS D. ROGERS, NOTARY PUBLIC Hera Insert Name and Title of the Officer personally appeared BROOKE LAFRENZ Name(s) of Signer(s) GLADYS D. offis who proved to me on the basis of satisfactory evidence to be the person^) whose name(s) is/are subscribed to the within instrument and acknowledged to me that -he/she/they-executed the same in-his/her/theirauthorized capacity(ies), and that by his/her/their signaturefs) on the instrument the person^), or the entity upon behalf of which the person^) 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 Place Notary Seal Above Signature OPTIONAL - ySisriafure of Notary ( Though the information below is not required by law, It may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date:. Number of Pages:. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General CS Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: SURETY ilGHTTHUMBPRINT OF SIGNER Top of thumb here SURETEC INSURANCE COMPANY Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: ;H1 IHUMRPRIN OF SIGNER Top of thumb here SK C2007NationalNotaryAssodation'9350DeSotoAvB-.RO.Box2402-ChatswDrm.CA 91313-2402• www.NatlonalNotary.org ltem*5907 ReorderCalToH-Free 1-800-876-6827 POA#:510034 SureTee Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Larry D. Cogdill, Michael W. Thomas, Ingrid Erika Crosby, Brooke Lafrenz, Jeanette Seidl of La Jolla, CA its true and lawful Attorney(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed Five Million Dollars and no/100 ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attomey(s)-in-Fact may do in the premises. Said appointment shall continue in force until 10/31/08 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments ?° executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20* of April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 20th day of June, A.D. 2005. rSIIRETEC INSURANCE COMPANY State of Texas ss: County of Harris On this 20th day of June, A.D. 2005 before me personally came BJ. King, to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. Michelle Denny Notary Public State dfexc* My Commission Expires August 27,2008 Michelle Denny, Notary Pulic My commission expires August 27,2008 I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect Given under my hand and the seal of said Company at Houston, Texas this 3BD , 20 08 A.D. JVL Brent Beafy, Assistant Secretary Any instrument Issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST. 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 _ whose address is _ hereinafter called "Escrow Agent." For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as follows: 1 . Pursuant to sections 22300 and 10263 of the Public Contract Code of the State of California, the Contractor has the option to deposit securities with the Escrow Agent as a substitute for retention earnings required to be withheld by the City pursuant to the Construction Contract entered into between the City and Contractor for PRE-FABRICATED MEZZANINE AT FIRE STATION #5 CONTRACT NO. FAC 08-01 in the amount of _ dated _ (hereinafter referred to as the "Contract"). Alternatively, on written request of the Contractor, the City shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the City within 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 of retentions under these sections in an amount not less than $100,000 per contract. The market value of the securities at the time of the substitution shall be a least equal to the cash amount then required to be withheld as retention under the terms of the contract between the City and Contractor. Securities shall be held in the name of the City and shall designate the Contractor as the beneficial owner. 2. The City shall make progress payments to the Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. 3. When the City makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until such time as the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the City pays the Escrow Agent directly. 4. The Contractor shall be responsible for paying all fees for the expenses incurred by the Escrow Agent in administering the Escrow Account and all expenses of the City. These expenses and payment terms shall be determined by the City, Contractor and Escrow Agent. 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the City. Revised 1 1/01/06 Contract No. FAC 08-01 Page 37 of 1 14 Pages 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from City to the Escrow<S"B*** Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor. 7. The City shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days' written notice to the Escrow Agent from the City of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the City. 8. Upon receipt of written notification from the City certifying that the Contract is final and complete and that the Contractor has complied with all requirements and procedures applicable to the Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. 9. The Escrow Agent shall rely on the written notifications from the City and the Contractor pursuant to sections (1) to (8), inclusive, of this agreement and the City and Contractor shall hold Escrow Agent harmless from Escrow Agent's release, conversion and disbursement of the securities and interest as set forth above. 10. The names of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: For City: Title FINANCE DIRECTOR Name Signature Address 1635 Faraday Avenue. Carlsbad. CA 92008 For Contractor: Title Name Signature Address _ For Escrow Agent: Title Name Signature Address 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 11/01/06 Contract No. FAC 08-01 Page 38 of 114 Pages IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. For City:Title MAYOR Name Signature Address 1200 Carlsbad Village Drive. Carlsbad. CA 92008 For Contractor:Title Name Signature Address For Escrow Agent:Title Name Signature Address GENERAL PROVISIONS Revised 11/01/06 Contract No. FAC 08-01 Page 39 of 114 Pages FOR PRE-FABRICATED MEZZANINE AT FIRE STATION #5 CONTRACT NO. FAC 08-01 CITY OF CARLSBAD BIDDERS ARE ADVISED THAT THIS SECTION REPLACES PART 1, GENERAL PROVISIONS, OF THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION SECTION 1 -TERMS, DEFINITIONS ABBREVIATIONS AND SYMBOLS 1-1 TERMS - Unless otherwise stated, the words directed, required, permitted, ordered, instructed, designated, considered necessary, prescribed, approved, acceptable, satisfactory, or words of like meaning, refer to actions, expressions, and prerogatives of the Engineer. 1-1.1 Reference to Drawings. Where words "shown", "indicated", "detailed", "noted", "scheduled", or words of similar import are used, it shall be understood that reference is made to the plans accompanying these provisions, unless stated otherwise. 1-1.2 Directions. Where words "directed", "designated", "selected", or words of similar import are used, it shall be understood that the direction, designation or selection of the Engineer is intended, unless stated otherwise. The word "required" and words of similar import shall be understood to mean "as required to properly complete the work as required and as approved by the Engineer," unless stated otherwise. 1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "equivalent", and such words of similar import are used, it shall be understood such words are followed by the expression "in the opinion of the Engineer", unless otherwise stated. Where the words "approved", "approval", "acceptance", or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Engineer is intended. 1-1.4 Perform. The word "perform" shall be understood to mean that the Contractor, at its expense, shall perform all operations, labor, tools and equipment, and further, including the furnishing and installing of materials that are indicated, specified or required to mean that the Contractor, at its expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools, equipment, and transportation. Revised 11/01 /06 Contract No. FAC 08-01 Page 40 of 114 Pages 1-2 DEFINITIONS - The following words, or groups of words, shall be exclusively defined by the definitions assigned to them herein. Addendum - Written or graphic instrument issued prior to the opening of Bids which clarifies, corrects, or changes the bidding or Contract Documents. The term Addendum shall include bulletins and all other types of written notices issued to potential bidders prior to opening of Bids. Agency - the City of Carlsbad, California. Agreement - See Contract. Assessment Act Contract - A Contract financed by special assessments authorized under a State Act or procedural ordinance of a City or County. Base - A layer of specified material of planned thickness placed immediately below the pavement or surfacing. Bid - The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices for the Work. Bidder - Any individual, firm, partnership, corporation, or combination thereof, submitting a Bid for the Work, acting directly or through a duly authorized representative. Board - The officer or body constituting the awarding authority of the Agency, which is the City Council for the City of Carlsbad or the Board of Directors of Carlsbad Municipal Water District. Bond - Bid, performance, and payment bond or other instrument of security. City Council - the City Council of the City of Carlsbad. City Manager - the City Manager of the City of Carlsbad or his/her approved representative. Cash Contract - A Contract financed by means other than special assessments. Change Order — A written order to the Contractor signed by the Agency directing an addition, deletion, or revision in the Work, or an adjustment in the Contract Price or the Contract time issued after the effective date of the Contract. A Change Order may or may not also be signed by the Contractor. Code - The terms Government Code, Labor Code, etc., refer to codes of the State of California. 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 conditions, permits from other agencies, the Special Provisions, the Plans, Standard Plans, Standard Specifications, Reference Specifications, and all Modifications issued after the execution of the Contract. Revised 11/01/06 Contract No. FAC 08-01 Page 41 of 114 Pages Contractor - The individual, partnership, corporation, joint venture, or other legal entity having a Contract with the Agency to perform the Work. In the case of work being done under permit issued by the Agency, the permittee shall be constructed to be the Contractor. The term "prime contractor" shall mean Contractor. Contract Price - The total amount of money for which the Contract is awarded. Contract Unit Price - The amount stated in the Bid for a single unit of an item of work. County Sealer - The Sealer of Weights and Measures of the county in which the Contract is let. Days - Days shall mean consecutive calendar's days unless otherwise specified. Dispute Board - persons designated by the City Manager of the City of Carlsbad or Executive Manager of the Carlsbad Municipal Water District, to hear and advise the City Manager on claims submitted by the Contractor. The City Manager for the City of Carlsbad or the Executive Manager for the Carlsbad Municipal Water District is the last appeal level for informal dispute resolution. Electrolier - Street light assembly complete, including foundation, standard, luminaire arm, luminaire, etc. Engineer - the Public Works Director of the City of Carlsbad or his/her approved representative. The Engineer is the third level of appeal for informal dispute resolution. Geotextile - Synthetic fiber used in civil engineering applications, serving the primary functions of separation and filtration. House Connection Sewer - A sewer, within a public street or right-of-way, proposed to connect any parcel, lot, or part of a lot with a mainline sewer. House Sewer - A sewer, wholly within private property, proposed to connect any building to a house connection sewer. Luminaire - The lamp housing including the optical and socket assemblies (and ballast if so specified). Luminaire Arm - The structural member, bracket, or mast arm, which, mounted on the standard, supports the luminaire. Minor Bid Item - a single contract item constituting less than 10 percent (10%) of the original Contract Price bid. 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. Revised 11/01/06 Contract No. FAC 08-01 Page 42 of 114 Pages Notice to Proceed - A written notice given by the Agency to the Contractor fixing the date on which the Contract time will start. Own Organization - When used in Section 2-3.1 - Employees of the Contractor who are hired, directed, supervised and paid by the Contractor to accomplish the completion of the Work. Further, such employees have their employment taxes, State disability insurance payments, State and Federal income taxes paid and administered, as applicable, by the Contractor. When used in Section 2-3.1 "own organization" means construction equipment that the Contractor owns or leases and uses to accomplish the Work. Equipment that is owner operated or leased equipment with an operator is not part of the Contractor's Own Organization and will not be included for the purpose of compliance with Section 2-3.1. Person - Any individual, firm, association, partnership, corporation, trust, joint venture, or other legal entity. Plans - The drawings, profiles, cross sections, working drawings, and supplemental drawings, or reproductions thereof, approved by the Engineer, which show the location, character, dimensions, or details of the Work. Private Contract - Work subject to Agency inspection, control, and approval, involving private funds, not administered by the Agency. Project Inspector - the Engineer's designated representative for inspection, contract administration and first level for informal dispute resolution. Proposal - See Bid. Public Works Manager - The Public Works Supervisor's immediate supervisor and second level of appeal for informal dispute resolution. Public Works Supervisor- the Project Inspector's immediate supervisor and first level of appeal for informal dispute resolution. Reference Specifications - Those bulletins, standards, rules, methods of analysis or test, codes, and specifications of other agencies, engineering societies, or industrial associations referred to in the Contract Documents. These refer to the latest edition, including amendments in effect and published at the time of advertising the project or issuing the permit, unless specifically referred to by edition, volume, or date. Roadway - The portion of a street reserved for vehicular use. Service Connection - Service connections are all or any portion of the conduit, cable, or duct, including meter, between a utility distribution line and an individual consumer. Sewer - Any conduit intended for the reception and transfer of sewage and fluid industrial waste. Specifications - Standard Specifications, Reference Specifications, Special Provisions, and specifications in Supplemental Agreements between the Contractor and the Board. Revised 11/01/06 Contract No. FAC 08-01 Page 43 of 114 Pages Special Provisions - Additions and revisions to the Standard Specifications setting forth conditions and requirements peculiar to the work. 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. Storm Drain - Any conduit and appurtenances intended for the reception and transfer of storm water. Street - Any road, highway, parkway, freeway, alley, walk, or way. Subbase - A layer of specified material of planned thickness between a base and the subgrade. Subcontractor - An individual, firm, or corporation having a direct contract with the Contractor or with any other Subcontractor for the performance of a part of the Work. Subgrade - For roadways, that portion of the roadbed on which pavement, surfacing, base, subbase, or a layer of other material is placed. For structures, the soil prepared to support a structure. Supervision - Supervision, where used to indicate supervision by the Engineer, shall mean the performance of obligations, and the exercise of rights, specifically imposed upon and granted to the Agency in becoming a party to the Contract. Except as specifically stated herein, supervision by the Agency shall not mean active and direct superintendence of details of the Work. Supplemental Agreement - A written amendment of the Contract Documents signed by both parties. Surety - Any individual, firm, or corporation, bound with and for the Contractor for the acceptable performance, execution, and completion of the Work, and for the satisfaction of all obligations incurred. Tonne - Also referred to as "metric ton". Represents a unit of measure in the International System of Units equal to 1,000 kilograms. Utility - Tracks, overhead or underground wires, pipeline, conduits, ducts, or structures, sewers, or storm drains owned, operated, or maintained in or across a public right of way or private easement. Work - That which is proposed to be constructed or done under the Contract or permit, including the furnishing of all labor, materials, equipment, and services. Revised 11/01/06 Contract No. FAC 08-01 Page 44 of 114 Pages 1-3 ABBREVIATIONS 1-3.1 General. The abbreviation herein, together with others in general use, are applicable to these Standard Specifications and to project Plans or other Contract Documents. All abbreviations and symbols used on Plans for structural steel construction shall conform to those given by the "Manual of Steel Construction" published by the American Institute of Steel Construction, Inc. 1-3.2 Common Usage Abbreviation Word or Words ABAN Abandon ABAND Abandoned ABS Acrylonitrile - butadiene - styrene AC Asphalt Concrete ACP Asbestos cement pipe ACWS Asphalt concrete wearing surface ALT Alternate ARTS 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 California Bearing Ratio CCR California Code of Regulations CCTV Closed Circuit TV CES Carlsbad Engineering Standards CF Curb face CF Cubic foot C&G Curb and gutter CFR Code of Federal Regulations CFS Cubic Feet per Second CIP Cast iron pipe CIPP Cast-in place pipe CL Clearance, center line CLF Chain link fence CMB Crushed miscellaneous base CMC Cement mortar-coated CML Cement mortar-lined CMWD Carlsbad Municipal Water District CO Cleanout (Sewer) COL Column COMM Commercial CONG Concrete CONN Connection CONST Construct, Construction COORD Coordinate CSP Corrugated steel pipe CSSD Carlsbad Supplemental 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 Floor drain FDN Foundation Revised 11/01/06 Contract No. FAC 08-01 Page 45 of 114 Pages FED SPEC Federal Specification FG Finished grade FH Fire hydrant FL Flow line FS Finished surface FT-LB Foot-pound FTG Footing FW Face of wall G Gas GA Gauge GAL Gallon and Gallons GALV Galvanized GAR Garage and Garages GIP. Galvanized iron pipe GL Ground line or grade line GM Gas meter GNV Ground Not Visible GP Guy pole GPM gallons per minute GR Grade GRTG Grating GSP Galvanized steel pipe H High or height HB Hose bib HC House connection HDWL Headwall HGL Hydraulic grade line HORIZ Horizontal HP Horsepower HPG High pressure gas HPS High pressure sodium (Light) HYDR Hydraulic IE Invert Elevation ID Inside diameter INCL Including INSP Inspection INV Invert IP Iron pipe JC Junction chamber JCT Junction JS Junction structure JT Joint L Length LAB Laboratory LAT Lateral LB Pound LD Local depression LF Linear foot LH Lamp hole LL Live load LOL Layout line LONG Longitudinal LP Lamp post LPS Low pressure sodium (Light) LS Lump sum LTS Lime treated soil LWD Leucadia Wastewater District MAINT Maintenance MAX Maximum MCR Middle of curb return MEAS Measure MH Manhole, maintenance hole MIL SPEC Military specification MISC Miscellaneous MOD Modified, modify MON Monument MSL. Mean Sea Level (Reg. Standard Drawing M-12) MTBM Microtunneling Boring Machine MULT Multiple MUTCD.... Manual on Uniform Traffic Control Devices MVL Mercury vapor light NCTD North County Transit District NRCP Nonreinforced concrete pipe OBS Obsolete OC On center OD Outside diameter OE Outer edge OHE Overhead Electric OMWD Olivenhain Municipal Water District OPP Opposite ORIG Original PB Pull box PC Point of curvature PCC Portland cement concrete or point of compound curvature PCVC Point of compound vertical curve PE Polyethylene PI Point of intersection PL Property line PMB Processed miscellaneous base POC Point on curve POT Point on tangent PP Power pole PRC Point of reverse curve PRVC Point of reverse vertical curve PSI Pounds per square inch PT Point of tangency PVC Polyvinyl chloride PVMT Pavement PVT R/W Private right-of-way Q Rate of flow in cubic feet per second QUAD Quadrangle, Quadrant R Radius R&O Rock and oil R/W Right-of-way RA Recycling agent RAC Recycled asphalt concrete RAP Reclaimed asphalt pavement RBAC Rubberized asphalt concrete RC Reinforced concrete RGB Reinforced concrete box RCE Registered civil engineer RCP Reinforced concrete pipe RCV Remote control valve REF Reference REINF Reinforced or reinforcement RES Reservoir RGE Registered geotechnical engineer ROW Right-of-Way RR Railroad RSE Registered structural engineer RTE Registered traffic engineer S Sewer or Slope, as applicable SCCP Steel cylinder concrete pipe SD Storm drain SDNR San Diego Northern Railway SDR Standard thermoplastic pipe dimension ratio (ratio of pipe O.D. to minimum wall thickness) SDRSD San Diego Regional Standard Drawings SE Sand Equivalent Revised 11/01/06 Contract No. FAC 08-01 Page 46 of 114 Pages 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 STHWY State highway STA Station STD Standard STR Straight STR GR Straight grade STRUC Structural/Structure SW Sidewalk SWD Sidewalk drain SY Square yard T Telephone TAN Tangent TC Top of curb TEL Telephone TF Top of footing TOPO Topography TR Tract TRANS Transition TS Traffic signal or transition structure TSC Traffic signal conduit TSS Traffic signal standard TW Top of wall TYP Typical UE Underground Electric USA Underground Service Alert VAR Varies, Variable VB Valve box VC Vertical curve VCP Vitrified clay pipe VERT Vertical VOL Volume VWD Vallecitos Water District W Water, Wider or Width, as applicable WATCH Work Area Traffic Control Handbook Wl Wrought iron WM Water meter WPJ Weakened plane joint XCONN Cross connection XSEC Cross section 1-3.3 Institutions. Abbreviation Word or Words AASHTO American Association of State Highway and Transportation Officials 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 Underwriters' Laboratories Inc. USGS United States Geological Survey o w Revised 11/01/06 Contract No. FAC 08-01 Page 47 of 114 Pages 1-4 UNITS OF MEASURE. 1-4.1 General. U.S. Standard Measures, also called U.S. Customary System, are the principal measurement system in these specifications. However, certain material specifications and test requirements contained herein use SI units specifically and conversions to U.S. Standard Measures may or may not have been included in these circumstances. When U.S. Standard Measures are not included in parenthesis, then the SI units shall control. S.I. units and U.S. Standard Measures in parenthesis may or may not be exactly equivalent. Reference is also made to ASTM E 380 for definitions of various units of the SI system and a more extensive set of conversion factors. 1 -4.2 Units of Measure and Their Abbreviations. U.S. Customary Unit (Equal To) SI Unit (Abbreviations) (Abbreviations) 1 mil (=0.001 in) 25.4 micrometer (urn) 1 inch (in) 25.4 millimeter (mm) 1 inch (in) 2.54 centimeter (cm) 1 foot (ft) 0.3048 meter (m) 1 yard (yd) 0.9144 meter (m) 1 mile (mi) ,. 1.6093 kilometer (km)1 square foot (ft) 0.0929 square meter (ntr) 1 square yard (yd ) 0.8361 square meter (m ) 1 cubic foot (ft).. 0.0283 cubic meter (m3) 1 cubic yard (yd3) 0.7646 cubic meter (m3) 1 acre 0.4047 hectare (ha) 1 U.S. gallon (gal) 3.7854 Liter (L) 1 fluid ounce (fl. oz.) 29.5735 millileter (mL) 1 pound mass (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 = (1.8 x °C) + 32 °C = (°F-32)/1.8 SI Units (abbreviation) Commonly Used in Both Systems 1 Ampere (A) 1 Volt (V) 1 Candela (cd) 1 Lumen (Im) 1 second (s) 0Revised 11/01/06 Contract No. FAC 08-01 Page 48 of 114 Pages Common Metric Prefixes kilo(k) 103, centi(c) 10'* milli(m) 10'3 micro (n) 10": nano(n) 10 , pico(p) 10"12 1-5 SYMBOLS A Delta, the central angle or angle between tangents Z Angle % Percent Feet or minutes Inches or seconds1 Number / per or (between words) Degree PL Property line CL Centerline SL Survey line or station line c«Revised 11/01/06 Contract No. FAC 08-01 Page 49 of 114 Pages SECTION 2 - SCOPE AND CONTROL OF WORK 2-1 AWARD AND EXECUTION OF CONTRACT. Award and execution of Contract will be as provided for in the Specifications, Instruction to Bidders, or Notice Inviting Bids. 2-2 ASSIGNMENT. No Contract or portion thereof may be assigned without consent of the Board, except that the Contractor may assign money due or which will accrue to it under the Contract. If given written notice, such assignment will be recognized by the Board to the extent permitted by law. Any assignment of money shall be subject to all proper withholdings in favor of the Agency and to all deductions provided for in the Contract. All money withheld, whether assigned or not, shall be subject to being used by the Agency for completion of the Work, should the Contractor be in default. 2-3 SUBCONTRACTS. 2-3.1 General. Each Bidder shall comply with the Chapter of the Public Contract Code including Sections 4100 through 4113. The following excerpts or summaries of some of the requirements of this Chapter are included below for information: The Bidder shall set forth in the Bid, as provided in 4104: "(a) The name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvements, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of 1 percent of the prime contractor's total bid, or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one- half of 1 percent of the prime contractor's total bid or ten thousand dollars ($10,000), whichever is greater." "(b) The portion of the work which will be done by each such subcontractor under this act. The prime contractor shall list only one subcontractor for each such portion as is defined by the prime contractor in his bid." If the Contractor fails to specify a Subcontractor, or specifies more than one Subcontractor for the same portion of the work to be performed under the Contract (in excess of one-half of 1 percent of the Contractor's total Bid), the Contractor shall be qualified to perform that portion itself, and shall perform that portion itself, except as otherwise provided in the Code. As provided in Section 4107, no Contractor whose Bid is accepted shall substitute any person as Subcontractor in place of the Subcontractor listed in the original Bid, except for causes and by procedures established in Section 4107.5. This section provides procedures to correct a clerical error in the listing of a Subcontractor. Section 4110 provides that a Contractor violating any of the provisions of the Chapter violates the Contract and the Board may exercise the option either to cancel the Contract or assess the Contractor a penalty in an amount of not more than 10 percent of the subcontract involved, after a public hearing. Revised 11/01/06 Contract No. FAC 08-01 Page 50 of 114 Pages Should the Contractor fail to adhere to the provisions requiring the Contractor to complete 50 percent of the contract price with its own organization, the Agency may at its sole discretion elect to cancel the contract or deduct an amount equal to 10 percent of the value of the work performed in excess of 50 percent of the contract price by other than the Contractor's own organization. The Board shall be the sole body for determination of a violation of these provisions. In any proceedings under this section, the prime contractor shall be entitled to a public hearing before the Board and shall be notified ten (10) days in advance of the time and location of said hearing. The determination of the City Council shall be final. 2-3.2 Additional Responsibility. The Contractor shall give personal attention to the fulfillment of the Contract and shall keep the Work under its control. The Contractor shall perform, with its own organization, Contract work amounting to at least 50 percent of the Contract Price except that any designated "Specialty Items" may be performed by subcontract, and the amount of any such "Specialty Items" so performed may be deducted from the Contract Price before computing the amount required to be performed by the Contractor with its own organization. "Specialty Items" will be identified by the Agency in the Bid or Proposal. Where an entire item is subcontracted, the value of work subcontracted will be based on the Contract Unit Price. When a portion of an item is subcontracted, the value of work subcontracted will be based on the estimated percentage of the Contract Unit Price. This will be determined from information submitted by the Contractor, and subject to approval by the Engineer. Before the work of any Subcontractor is started, the Contractor shall submit to the Engineer for approval a written statement showing the work to be subcontracted giving the name and business of each Subcontractor and description and value of each portion of the work to be so subcontracted. 2-3.3 Status of Subcontractors. Subcontractors shall be considered employees of the Contractor, and the Contractor shall be responsible for their work. 2-4 CONTRACT BONDS. Before execution of the Contract, the Bidder shall file surety bonds with the Agency to be approved by the Board in the amounts and for the purposes noted below. Bonds issued by a surety, who is authorized to issue bonds in California, and whose bonding limitation shown in said circular is sufficient to provide bonds in the amount required by the Contract shall be deemed to be approved unless specifically rejected by the Agency. Bonds from all other sureties shall be accompanied by all of the documents enumerated in Code of Civil Procedure 995.660 (a). The Bidder shall pay all bond premiums, costs, and incidentals. Each bond shall incorporate, by reference, the Contract and be signed by both the Bidder and Surety and the signature of the authorized agent of the Surety shall be notarized. The Contractor shall provide a faithful performance/warranty bond and payment bond (labor and materials bond) for this contract. The faithful performance/warranty bond shall be in a sum not less than one hundred percent of the total amount payable by the terms of this contract. The Contractor shall provide bonds to secure payment of laborers and materials suppliers in a sum not less than one hundred percent of the total amount payable by the terms of this contract. Both bonds shall extend in full force and effect and be retained by the Agency during this project until they are released according to the provisions of this section. Revised 11/01/06 Contract No. FAC 08-01 Page 51 of 114 Pages The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 days after recordation of the Notice of Completion and will remain in full force and effect for the one year warranty period and until all warranty repairs are completed to the satisfaction of the Engineer. The bonds to secure payment of laborers and materials suppliers shall be released six months plus 30 days after recordation of the Notice of Completion if all claims have been paid. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the following documents: 1) An original, or a certified copy, of the un-revoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of the insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the execution of the bond. The financial statement shall be made by an officer's certificate as defined in Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may be verified by the oath of the principal officer or manager residing within the United States. Should any bond become insufficient, the Contractor shall renew the bond within 10 days after receiving notice from the Agency. Should any Surety at any time be unsatisfactory to the Board, notice will be given the Contractor to that effect. No further payments shall be deemed due or will be made under the contract until a new Surety shall qualify and be accepted by the Board. Changes in the Work or extensions of time, made pursuant to the Contract, shall in no way release the Contractor or Surety from its obligations. Notice of such changes or extensions shall be waived by the Surety. 2-5 PLANS AND SPECIFICATIONS. 2-5.1 General. The Contractor shall keep at the Work site a copy of the Plans and Specifications, to which the Engineer shall have access at all times. The specifications for the work include the project technical specifications, Carlsbad Engineering Standards (CES), Standard Specifications for Public Works Construction, (SSPWC), 2006 Edition (Part 2 & 3), and the 2007 supplements thereto (Part 2 & 3), hereinafter designated "SSPWC", as written and promulgated by Joint Cooperative Committee of the Southern California Chapter American Public Works Association and Southern California Districts Associated General Contractors of California, and as amended by the Supplemental Provisions section of this contract. The construction plans shall be submitted to the Building Official of the City of Carlsbad by the successful bidder. The bidder is required to provide a pre-fabricated steel mezzanine that meets all applicable building codes and standards. 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, hereinafter designated as CSSD, as issued by the City of Carlsbad and the Carlsbad Municipal Water District, hereinafter designated as CES. Copies of some of the pertinent standard drawings are enclosed as an appendix to these General Provisions. Revised 11/01/06 Contract No. FAC 08-01 Page 52 of 114 Pages The Plans, Specifications, and other Contract Documents shall govern the Work. The Contract Documents are intended to be complementary and cooperative. Anything specified in the Specifications and not shown on the Plans, or shown on the Plans and not specified in the Specifications, shall be as though shown on or specified in both. The Plans shall be supplemented by such working drawings and shop drawings as are necessary to adequately control the Work. The Contractor shall ascertain the existence of any conditions affecting the cost of the Work through a reasonable examination of the Work site prior to submitting the Bid. Existing improvements visible at the Work site, for which no specific disposition is made on the Plans, but which interfere with the completion of the Work, shall be removed and disposed of by the Contractor. The Contractor shall, upon discovering any error or omission in the Plans or Specifications, immediately call it to the attention of the Engineer. 2-5.2 Precedence of Contract Documents. If there is a conflict 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) Carlsbad General Provisions. 3) Technical Specifications 4) Plans. 5) City of Carlsbad Engineering Standards, 2004 Edition. 6) San Diego Regional Standard Drawings 7) State of California Department of Transportation Standard Plans 8) Standard Specifications for Public Works Construction 9) Reference Specifications 10) Manufacturer's Installation Recommendations Change Orders, Supplemental Agreements and approved revisions to Plans and Specifications will take precedence over items 2) through 9) above. Detailed plans and plan views shall have precedence over general plans. 2-5.3 Submittals. 2-5.3.1 General. Submittals shall be provided, at the Contractor's expense, as required in 2-5.3.2, 2-5.3.3 and 2-5.3.4, when required by the Plans or Special Provisions, or when requested by the Engineer. Materials shall neither be furnished nor fabricated, nor shall any work for which submittals are required by performed, before the required submittals have been reviewed and accepted by the Engineer. Neither review nor acceptance of submittals by the Engineer shall relieve the Contractor from responsibility for errors, omissions, or deviations from the Contract Documents, unless such deviations were specifically called to the attention of the Engineer in the letter of transmittal. The Contractor shall be responsible for the correctness of the submittals. Am¥ Revised 11/01/06 Contract No. FAC 08-01 Page 53 of 114 Pages The Contractor shall allow a minimum of 20 working days for review of submittals unless otherwise specified in the Special Provisions. Each submittal shall be accompanied by a letter of transmittal. Each submittal shall be consecutively numbered. Resubmittals shall be labeled with the number of the original submittal followed by an ascending alphabetical designation (e.g. The label '4-C' would indicate the third instance that the fourth submittal had been given to the Engineer). Each sheet of each submittal shall be consecutively numbered. Each set of shop drawings and submittals shall be accompanied by a letter of transmittal on the Contractor's letterhead. The Letter of transmittal shall contain the following: 1) Project title and Agency contract number. 2) Number of complete sets. 3) Contractor's certification statement. 4) Specification section number(s) pertaining to material submitted for review. 5) Submittal number (Submittal numbers shall be consecutive including subsequent submittals for the same materials.) 6) Description of the contents of the submittal. 7) Identification of deviations from the contract documents. When submitted for the Engineer's review, Shop Drawings shall bear the Contractor's certification that the Contractor has reviewed, checked, and approved the Shop Drawings and that they are in conformance with the requirements of the Contract Documents. The Contractor shall subscribe to and shall place the following certification on all submittals: "I hereby certify that the (equipment, material) shown and marked in this submittal is that proposed to be incorporated into this Project, is in compliance with the Contract Documents, can be installed in the allocated spaces, and is submitted for approval." By: Title: Date: Company Name: 2-5.3.2 Working Drawings. Working drawings are drawings showing details not shown on the Plans which are required to be designed by the Contractor. Working drawings shall be of a size and scale to clearly show all necessary details. Six copies and one reproducible shall be submitted. If no revisions are required, three of the copies will be returned to the Contractor. If revisions are required, the Engineer will return one copy along with the reproducible for resubmission. Upon acceptance, the Engineer will return two of the copies to the Contractor and retain the remaining copies and the reproducible. Revised 11/01/06 Contract No. FAC 08-01 Page 54 of 114 Pages Working drawings are required in the following sections: TABLE 2-5.3.2 (A) Item Sectiqn Number Subject 1 2 3 4 5 6 7 8g 1011 12 13 14 15 16 17 7-10.4.1 207-2.5 207-8.4 207-10.2.1 300-3.2 303-1.6.1 303-1.7.1 303-3.1 304-1.1.1 304-1.1.2 304-2.1 306-2.1 306-3.1 306-3.4 306-6 306-8 307-4.3 Safety Orders Joints Joints General Cofferdams General General General Shop Drawings Falsework Plans General General General Tunnel Supports Remodeling Existing Sewer Facilities Microtunneling Controller Cabinet Wiring Diagrams Trench Shoring Reinforced Concrete Pipe Vitrified Clay Pipe Fabricated Steel Pipe Structure Excavation & Backfill Falsework Placing Reinforcement Prestressed Concrete Construction Structural Steel Structural Steel Metal Hand Railings Jacking Operations Tunneling Operations Tunneling Operations Polyethylene Liner Installation Microtunneling Operations 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 otherwise specified in the Special Provisions or directed by the Engineer. Supporting information for systems shall be bound together and include all manufactured items for the system. If resubmittal is not required, three copies will be returned to the Contractor. Supporting information shall consist of the following and is required unless otherwise specified in the Special Provisions: 1) List of Subcontractors per 2-3.2. 2) List of Materials per 4-1.4. 3) Certifications per 4-1.5. 4) Construction Schedule per 6-1. 5) Confined Space Entry Program per 7-10.4.4. 6) Concrete mix designs per 201-1.1. 7) Asphalt concrete mix designs per 203-6.1. 8) Data, including, but not limited to, catalog sheets, manufacturer's brochures, technical bulletins, specifications, diagrams, product samples, and other information necessary to describe a system, product or item. This information is required for irrigation systems, street lighting systems, and traffic signals, and may also be required for any product, manufactured item, or system. Revised 11/01/06 Contract No. FAC 08-01 Page 55 of 114 Pages 2-5.4 Record Drawings. The Contractor shall provide and keep up-to-date a complete "as-built" record set of blue-line prints, which shall be corrected in red daily and show every change from the original drawings and specifications and the exact "as-built" locations, sizes and kinds of equipment, underground piping, valves, and all other work not visible at surface grade. Prints for this purpose may be obtained from the Agency at cost. This set of drawings shall be kept on the job and shall be used only as a record set and shall be delivered to the Engineer within ten (10) days of completion of the work. Payment for performing the work required by Section 2-5.4 shall be included in the various bid items and no additional payment will be made therefore. 2-6 Work to be Done. The Contractor shall perform all work necessary to complete the Contract in a satisfactory manner. Unless otherwise provided, the Contractor shall furnish all materials, equipment, tools, labor, and incidentals necessary to complete the Work. 2-7 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 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 otherwise provided, the Contractor shall make arrangements, pay for, and assume all responsibility for acquiring, using, and disposing of additional work areas and facilities temporarily required. The Contractor shall indemnify and hold the Agency harmless from all claims for damages caused by such actions. 2-9 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 surveying within the State of California, hereinafter Surveyor, to establish the location of the monument before it is disturbed. The Contractor shall have the monument replaced by the Surveyor no later than thirty (30) days after construction at the site of the replacement is completed. The Surveyor shall file corner record(s) as required by §§ 8772 and 8773, et seq. of the California Business and Professions Code. When a change is made in the finished elevation of the pavement of any roadway in which a permanent survey monument is located, the Contractor shall adjust the monument frame and cover to the new grade within 7 days of paving unless the Engineer shall approve otherwise. Monument frames and covers shall be protected during street sealing or painting projects or be cleaned to the satisfaction of the Engineer. Revised 11/01/06 Contract No. FAC 08-01 Page 56 of 114 Pages 2-9.2 Survey Service. The Contractor shall hire and pay for the services 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 services as required herein and provide surveying, drafting and other professional services required to satisfy the requirements of the Land Surveyors Act. Surveyor shall be resident on the site during all surveying operations and shall personally supervise and certify the surveying work. 2-9.2.1 Submittal of Surveying Data, All surveying 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 performing the survey. All surveying field notes, grade sheets and survey calculations shall be submitted in bound form on 215mm by 280 mm (81/2n by 11") paper. The field notes, calculations and supporting data shall be clear and complete. Supporting data shall include all maps, affidavits, plats, field notes from earlier surveys and all other evidence used by the Surveyor to determine the location of the monuments set. The field notes and calculations will be labeled with name of the Surveyor, the party chief, the field crewmembers and the author of the field notes or calculations. They shall be annotated with the date of observation or calculation, be numbered with consecutive page 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 "Surveys Manual". The Contractor shall have a Record of Survey prepared by the Surveyor and file it in conformance with §§ 8700 - 8805 of the State of California Business and Professions Code when the Surveyor performs any surveying that such map is required under §§ 8762 of the State of California Business and Professions Code and whenever the Surveyor shall establish, set or construct any permanent survey monument. SDRS drawing M-10 type monuments, bolts, spikes, leaded tacks and nails (when set in concrete), iron pipes, reinforcing steel and all monuments and marks that are at, or accessory to, property comers and street centerlines are permanent survey monuments. The Record of Survey shall show all monuments set, control monuments used, the basis of bearings and all other data needed to determine the procedure of survey and the degree of accuracy attained by the field surveying including the unadjusted ratio of closure. The unadjusted ratio of closure shall not exceed 1 part in 40,000. The record of survey 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 Survey(s) shall be submitted for the Engineer's review and approval before submittal to the County Surveyor and before submittal to the County Recorder. 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 survey work and no additional payment will be made. Extension of unit prices for extra work shall include full compensation for attendant survey work and no additional payment will be made. Payment for the replacement of disturbed monuments and the filing of records of survey and/or comer 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. Revised 11/01/06 Contract No. FAC 08-01 Page 57 of 114 Pages 2-10 AUTHORITY OF BOARD AND ENGINEER. The Board has the final authority in all matters affecting the Work. Within the scope of the Contract, the Engineer has the authority to enforce compliance with the Plans and Specifications. The Contractor shall promptly comply with instructions from the Engineer or an authorized representative. The decision of the Engineer is final and binding on all questions relating to: quantities; acceptability of material, equipment, or work; execution, progress or sequence of work; and interpretation of the Plans, Specifications, or other drawings. This shall be precedent to any payment under the Contract, unless otherwise ordered by the Board. 2-10.1 Availability of Records, The Contractor shall, at no charge to the Agency, provide copies of all records in the Contractor's or subcontractor's possession pertaining to the work that the Engineer may request. 2-10.2 Audit And Inspection, Contractor agrees to maintain and/or make available, to the Engineer, within San Diego County, accurate books and accounting records relative to all its activities and to contractually require all subcontractors to this Contract to do the same. The Engineer shall have the right to monitor, assess, and evaluate Contractor's and its subcontractors performance pursuant to this Agreement, said monitoring, assessments, and evaluations to include, but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and interviews of Contractor's staff and the staff of all subcontractors to this contract. At any time during normal business hours and as often as the Engineer may deem necessary, upon reasonable advance notice, Contractor shall make available to the Engineer for examination, all of its, and all subcontractors to this contract, records with respect to all matters covered by this Contract and will permit the Engineer to audit, examine, copy and make excerpts or transcripts from such data and records, and to make audits of all invoices, materials, payrolls, records of personnel, and other data relating to all matters covered by this Contract. However, any such activities shall be carried out in a manner so as to not unreasonably interfere with Contractor's ongoing business operations. Contractor and all subcontractors to this contract shall maintain such data and records for as long as may be required by applicable laws and regulations. 2-11 INSPECTION. The Work is subject to inspection and approval by the Engineer. The Contractor shall notify the Engineer before noon of the working day before inspection is required. Work shall be done only in the presence of the Engineer, unless otherwise authorized. Any work done without proper inspection will be subject to rejection. The Engineer and any authorized representatives shall at all times have access to the Work during its construction at shops and yards as well as the project site. The Contractor shall provide every reasonable facility for ascertaining that the materials and workmanship are in accordance with these specifications. Inspection of the Work shall not relieve the Contractor of the obligation to fulfill all conditions of the Contract. 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. Revised 11/01/06 Contract No. FAC 08-01 Page 58 of 114 Pages 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 25 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 25 percent, payment will be made per Section 3-2.2.2 or 3-2.2.3 as appropriate. If a change is ordered in an item of work covered by a Contract Unit Price, and such change does involve a substantial change in the character of the work from that shown on the Plans or specified in the Specifications, an adjustment in payment will be made per Section 3-2.4. 3-2.2.2 Increases of More Than 25 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 25 percent, payment for the quantity in excess of 125 percent of the Bid quantity will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Section 3-3. The Extra Work per Section 3-3, basis of payment, shall not include fixed costs. Fixed costs shall be deemed to have been recovered by the Contractor through payment for 125 percent of the Bid quantity at the Contract Unit Price. 3-2.2.3 Decreases of More Than 25 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 75 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 75 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. Revised 11/01/06 Contract No. FAC 08-01 Page 59 of 114 Pages 3-2.4 Agreed Prices. Agreed Prices are prices for new or unforeseen work, or adjustments in Contract Unit Prices per Section 3-2.2, established by mutual agreement between the Contractor and the Agency. If mutual agreement can not be reached, the Engineer may direct the Contractor to proceed on the basis of Extra Work in accordance per Section 3-3, except as otherwise specified in Sections 3-2.2.2 and 3-2.2.3. 3.2.5 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. 3-3.2 Payment. 3-3.2.1 General. When the price for the extra work cannot be agreed upon, the Agency will pay for the extra work based on the accumulation of costs as provided herein. 3-3.2.2 Basis for Establishing Costs. (a) Labor. The costs of labor will be the actual cost for wages of workers performing the extra work at the time the extra work is done, plus employer payments of payroll taxes, workers compensation insurance, liability insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs, resulting from Federal, State, or local laws, as well as assessments or benefits required by lawful collective bargaining agreements. The use of a labor classification which would increase the extra work cost will not be permitted unless the Contractor establishes the necessity for such additional costs. Labor costs for equipment operators and helpers shall be reported only when such costs are not included in the invoice for equipment rental. The labor cost for foremen shall be proportioned to all of their assigned work and only that applicable to extra work will be paid. Nondirect labor costs, including superintendence, shall be considered part of the markup of Section 3-3.2.3 (a). (b) Materials. The cost of materials reported shall be at invoice or lowest current price at which such materials are locally available and delivered to the job site in the quantities involved, plus sales tax, freight, and delivery. The Agency reserves the right to approve materials and sources of supply, or to supply materials to the Contractor if necessary for the progress of the Work. No markup shall be applied to any material provided by the Agency. Revised 1 1/01/06 Contract No. FAG 08-01 Page 60 of 1 14 Pages (c) Tool and Equipment Rental. No payment will be made for the use of tools which have a replacement value of $200 or less. Regardless of ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs shall be the edition of the, "Labor Surcharge and Equipment Rental Rates" published by CALTRANS, current at the time of the actual use of the tool or equipment. The right-of-way delay factors therein shall be used as multipliers of the rental rates for determining the value of costs for delay to the Contractor and subcontractors, if any. The labor surcharge rates published therein are not a part of this contract. The rental rates paid shall include the cost of fuel, oil, lubrication, supplies, small tools, necessary attachments, repairs and maintenance of any kind, depreciation, storage, insurance, and all incidentals. Necessary loading and transportation costs for equipment used on the extra work shall be included. If equipment is used intermittently and, when not in use, could be returned to its rental source at less expense to the Agency than holding it at the Work site, it shall be returned, unless the Contractor elects to keep it at the Work site, at no expense to the Agency. All equipment shall be acceptable to the Engineer, in good working condition, and suitable for the purpose for which it is to be used. Manufacturer's ratings and approved modifications shall be used to classify equipment and it shall be powered by a unit of at least the minimum rating recommended by the manufacturer. The reported rental time for equipment already at the Work site shall be the duration of its use on the extra work. This time begins when equipment is first put into actual operation on the extra work, plus the time required to move it from its previous site and back, or to a closer site. (d) Other Items. The Agency may authorize other items which may be required on the extra work, including labor, services, material, and equipment. These items must be different in their nature from those required for the Work, and be of a type not ordinarily available from the Contractor or Subcontractors. Invoices covering all such items in detail shall be submitted with the request for payment. (e) Invoices. Vendors' invoices for material, equipment rental and other expenditures shall be submitted with the request for payment. If the request for payment is not substantiated by invoices or other documentation, the Agency may establish the cost of the item involved at the lowest price which was current at the time of the report. 3-3.2.3 Markup. (a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor 20 2) Materials 15 3) Equipment Rental 15 4) Other Items and Expenditures ..15 To the sum of the costs and markups provided for in this section, 1 percent shall be added as compensation for bonding. Revised 11/01/06 Contract No. FAC 08-01 Page 61 of 114 Pages (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in Section 3-3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. 3-3.3 Daily Reports by Contractor. When the price for the extra work cannot be agreed upon, the Contractor shall submit a daily report to the Engineer on forms approved by the Agency. Included are applicable delivery tickets, listing all labor, materials, and equipment involved for that day, and other services and expenditures when authorized. Payment for extra work will not be made until such time that the Contractor submits completed daily reports and all supporting documents to the Engineer. Failure to submit the daily report by the close of the next working day may waive any rights for that day. An attempt shall be made to reconcile the report daily, and it shall be signed by the Engineer and the Contractor. In the event of disagreement, pertinent notes shall be entered by each party to explain points which cannot be resolved immediately. Each party shall retain a signed copy of the report. Reports by Subcontractors or others shall be submitted through the Contractor. The report shall: 1. Show names of workers, classifications, and hours worked. 2. Describe and list quantities of materials used. 3. Show type of equipment, size, identification number, and hours of operation, including loading and transportation, if applicable. 4. Describe other services and expenditures in such detail as the Agency may require. 3-4 CHANGED CONDITIONS. The Contractor shall promptly notify the Engineer of the following Work site conditions (hereinafter called changed conditions), in writing, upon their discovery and before they are disturbed: 1. Subsurface or latent physical conditions differing materially from those represented in the Contract; 2. Unknown physical conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in work of the character being performed; and 3. Material differing from that represented in the Contract which the Contractor believes may be hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class 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. Revised 11/01/06 Contract No. FAC 08-01 Page 62 of 114 Pages The Contractor's failure to give notice of changed conditions promptly upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the Engineer, including failure or refusal to issue a change order, or for the happening of any event, thing, occurrence, or other cause, unless the Contractor shall have first given the Engineer due written notice of potential claim as hereinafter specified. Compliance with this section shall not be required as a prerequisite to notice provisions in Section 6-7.3 Contract Time Accounting, nor to any claim that is based on differences in measurement or errors of computation as to contract quantities. The written notice of potential claim for changed conditions shall be submitted by the Contractor to the Engineer upon their discovery and prior to the time that the Contractor performs the work giving rise to the potential claim. The Contractor's failure to give written notice of potential claim for changed conditions to the agency upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall provide the City with a written document containing a description of the particular circumstances giving rise to the potential claim, the reasons for which the Contractor believes additional compensation may be due and nature of any and all costs involved within 20 working days of the date of service of the written notice of potential claim for changed conditions. Verbal notifications are disallowed. The potential claim shall include the following certification relative to the California False Claims Act, Government Code Sections 12650-12655. "The undersigned certifies that the above statements are made in full cognizance of the California False Claims Act, Government Code Sections 12650-12655. The undersigned further understands and agrees that this potential claim, unless resolved, must be restated as a claim in response to the City's proposed final estimate in order for it to be further considered." By: Title: Date: Company Name: The Contractor's estimate of costs may be updated when actual costs are known. The Contractor shall submit substantiation of its actual costs to the Engineer within 20 working days after the affected work is completed. Failure to do so shall be sufficient cause for denial of any claim subsequently filed on the basis of said notice of potential claim. It is the intention of this section that differences between the parties arising under and by virtue of the contract be brought to the attention of the Engineer at the earliest possible time in order that such matters be settled, if possible, or other appropriate action promptly taken. 3-5 DISPUTED WORK. The Contractor shall give the agency written notice of potential claim prior to commencing any disputed work. Failure to give said notice shall constitute a waiver of all claims in connection therewith. If the contractor and the agency are unable to reach agreement on disputed work, the Agency may direct the contractor to proceed with the work. Revised 11/01/06 Contract No. FAC 08-01 Page 63 of 114 Pages 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. Public Works Supervisor 3. Public Works Manager, General Services 4. Public Works Director 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: ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS 20104. (a)(1) This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or less which arise between a contractor and a local agency. (2) This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2. (b)(1) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that "public work" does not include any work or improvement contracted for by the state or the Regents of the University of California. (2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency. (c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications for any work which may give rise to a claim under this article. (d) This article applies only to contracts entered into on or after January 1,1991. 20104.2. For any claim subject to this article, the following requirements apply: (a) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. Revised 11/01/06 Contract No. FAC 08-01 Page 64 of 114 Pages (b)(1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. (c)(1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. (d) If the claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency's response or within 15 days of the local agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. (f) This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. 20104.4. The following procedures are established for all civil actions filed to resolve claims subject to this article: (a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator. (b)(1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure) shall apply to any proceeding brought under the subdivision consistent with the rules pertaining to judicial arbitration. Revised 11/01/06 Contract No. FAC 08-01 Page 65 of 114 Pages (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds. (3) In addition to Chapter 2.5 (commencing with Section 1141.10) Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo. (c) The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process. 20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed except as otherwise provided in the contract. (b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law. Although not to be construed as proceeding under extra work provisions, the Contractor shall keep and furnish records of disputed work in accordance with Section 3-3. SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP. 4-1.1. General. All materials, parts, and equipment furnished by the Contractor in the Work shall be new, high grade, and free from defects. Quality of work shall be in accordance with the generally accepted standards. Material and work quality shall be subject to the Engineer's approval. Materials and work quality not conforming to the requirements of the Specifications shall be considered defective and will be subject to rejection. Defective work or material, whether in place or not, shall be removed immediately from the site by the Contractor, at its expense, when so directed by the Engineer. If the Contractor fails to replace any defective or damaged work or material after reasonable notice, the Engineer may cause such work or materials to be replaced. The replacement expense will be deducted from the amount to be paid to the Contractor. Used or secondhand materials, parts, and equipment may be used only if permitted by the Specifications. 4-1.2 Protection of Work and Materials. The Contractor shall provide and maintain storage facilities and employ such measures as will preserve the specified quality and fitness of materials to be used in the Work. Stored materials shall be reasonably accessible for inspection. The Contractor shall also adequately protect new and existing work and all items of equipment for the duration of the Contract. The Contractor shall not, without the Agency's consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be necessary for the completion of the Contract. Revised 11/01/06 Contract No. FAC 08-01 Page 66 of 114 Pages 4-1.3 Inspection Requirements. 4-1.3.1 General. Unless otherwise specified, inspection is required at the source for such typical materials and fabricated items as bituminous paving mixtures, structural concrete, metal fabrication, metal casting, welding, concrete pipe manufacture, protective coating application, and similar shop or plant operations. Steel pipe in sizes less than 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. Inspection or testing of the whole or any portion of the work or materials incorporated in the work shall not relieve Contractor from any obligation to fulfill this Contract. 4-1.3.2 Inspection of Materials Not Locally Produced. When the Contractor intends to purchase materials, fabricated products, or equipment from sources located more than 50 miles outside the geographical limits of the Agency, an inspector or accredited testing laboratory (approved by the Engineer), shall be engaged by the Contractor at its expense, to inspect the materials, equipment or process. This approval shall be obtained before producing any material or equipment. The inspector or representative of the testing laboratory shall judge the materials by the requirements of the Plans and Specifications. The Contractor shall forward reports required by the Engineer. No material or equipment shall be shipped nor shall any processing, fabrication or treatment of such materials be done without proper inspection by the approved agent. Approval by said agent shall not relieve the Contractor of responsibility for complying with the Contract requirements. 4-1.3.3 Inspection by the Agency. The Agency will provide all inspection and testing laboratory services within 50 miles of the geographical limits of the Agency. For private contracts, all costs of inspection at the source, including salaries and mileage costs, shall be paid by the permittee. 4-1.4 Test of Material. Before incorporation in the Work, the Contractor shall submit samples of materials, as the Engineer may require, at no cost to the Agency. The Contractor, at its expense, shall deliver the materials for testing to the place and at the time designated by the Engineer. Unless otherwise provided, all initial testing will be performed under the direction of the Engineer, and at no expense to the Contractor. If the Contractor is to provide and pay for testing, it will be stated in the Specifications. For private contracts, the testing expense shall be borne by the permittee. The Contractor shall notify the Engineer in writing, at least 15 days in advance, of its intention to use materials for which tests are specified, to allow sufficient time to perform the tests. The notice shall name the proposed supplier and source of material. Revised 11/01/06 Contract No. FAC 08-01 Page 67 of 114 Pages 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 bome by the Agency. Said tests may be made at any place along the work as deemed necessary by the Engineer. The costs of any retests made necessary by noncompliance with the specifications shall be borne by the Contractor. 4-1.5 Certification. The Engineer may waive materials testing requirements of the Specifications and accept the manufacturer's written certification that the materials to be supplied meet those requirements. Material test data may be required as part of the certification. 4-1.6 Trade Names or Equals. The Contractor may supply any of the materials specified or offer an equivalent. The Engineer shall determine whether the material offered is equivalent to that specified. Adequate time shall be allowed for the Engineer to make this determination. Whenever any particular material, process, or equipment is indicated by patent, proprietary or brand name, or by name of manufacturer, such wording is used for the purpose of facilitating its description and shall be deemed to be followed by the words or equal. A listing of materials is not intended to be comprehensive, or in order of preference. The Contractor may offer any material, process, or equipment considered to be equivalent to that indicated. The substantiation of offers shall be submitted as provided in the contract documents. The Contractor shall, at its expense, furnish data concerning items offered by it as equivalent to those specified. The Contractor shall have the material tested as required by the Engineer to determine that the quality, strength, physical, chemical, or other characteristics, including durability, finish, efficiency, dimensions, service, and suitability are such that the item will fulfill its intended function. Test methods shall be subject to the approval of the Engineer. Test results shall be reported promptly to the Engineer, who will evaluate the results and determine if the substitute item is equivalent. The Engineer's findings shall be final. Installation and use of a substitute item shall not be made until approved by the Engineer. If a substitute offered by the Contractor is not found to be equal to the specified material, the Contractor shall furnish and install the specified material. Revised 11/01/06 Contract No. FAC 08-01 Page 68 of 114 Pages The specified Contract completion time shall not be affected by any circumstance developing from the provisions of this section. The Contractor is responsible for the satisfactory performance of substituted items. If, in the sole opinion of the Engineer, the substitution is determined to be unsatisfactory in performance, appearance, durability, compatibility with associated items, availability of repair parts and suitability of application the Contractor shall remove the substituted item and replace it with the originally specified item at no cost to the Agency. 4-1.7 Weighing and Metering Equipment. All scales and metering equipment used for proportioning materials shall be inspected for accuracy and certified within the past 12 months by the State of California Bureau of Weights and Measures, by the County Director or Sealer of Weights and Measures, or by a scale mechanic registered with or licensed by the County. The accuracy of the work of a scale service agency, except as stated herein, shall meet the standards of the California Business and Professions Code and the California Code of Regulations pertaining to weighing devices. A certificate of compliance shall be presented, prior to operation, to the Engineer for approval and shall be renewed whenever required by the Engineer at no cost to the Agency. All scales shall be arranged so they may be read easily from the operator's platform or area. They shall indicate the true net weight without the application of any factor. The figures of the scales shall be clearly legible. Scales shall be accurate to within 1 percent when tested with the plant shut down. Weighing equipment shall be so insulated against vibration or moving of other operating equipment in the plant area that the error in weighing with the entire plant running will not exceed 2 percent for any setting nor 1.5 percent for any batch. 4-1.8 Calibration of Testing Equipment. Testing equipment, such as, but not limited to pressure gages, metering devices, hydraulic systems, force (load) measuring instruments, and strain- measuring devices shall be calibrated by a testing agency acceptable to the Engineer at intervals not to exceed 12 months and following repairs, modification, or relocation of the equipment. Calibration certificates shall be provided when requested by the Engineer. 4-2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE. The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm the quantity and quality received, prepare storage area(s), store, handle, protect, move, relocate, remove and dispose excess of all materials used to accomplish the Work. Materials shall be delivered to the site of the work only during working hours, as defined in Section 6-7.2, and shall be accompanied by bills of lading that shall clearly state for each delivery: the name of the Contractor as consignee, the project name and number, address of delivery and name of consignor and a description of the material(s) shipped. Prior to storage of any materials which have been shipped to or by the Contractor to any location within the Agency's boundaries the Contractor shall provide the Engineer a copy of lease agreements for each property where such materials are stored. The lease agreement shall clearly state the term of the lease, the description of materials allowed to be stored and shall provide for the removal of the materials and restoration of the storage site within the time allowed for the Work. All such storage shall conform to all laws and ordinances that may pertain to the materials stored and to preparation of the storage site and the location of the site on which the materials are stored. Loss, damage or deterioration of all stored materials shall be the Contractor's responsibility. Conformance to the requirements of this section, both within and outside the limits of work are a part of the Work. The Engineer shall have the right to verify the suitability of materials and their proper storage at any time during the Work. Revised 11/01/06 Contract No. FAC 08-01 Page 69 of 114 Pages SECTION 5 - UTILITIES 5-1 LOCATION. The Agency and affected utility companies have, by a search of known records, endeavored to locate and indicate on the Plans, all utilities which exist within the limits of the work. However, the accuracy and/or completeness of the nature, size and/or location of utilities indicated on the Plans is not guaranteed. Where underground main distribution conduits such as water, gas, sewer, electric power, telephone, or cable television are shown on the Plans, the Contractor shall assume that every property parcel will be served by a service connection for each type of utility. As provided in Section 4216 of the California Government Code, at least 2 working days prior to commencing any excavation, the Contractor shall contact the regional notification center (Underground Service Alert of Southern California) and obtain an inquiry identification number. The California Department of Transportation is not required by Section 4216 to become a member of the regional notification center. The Contractor shall contact it for location of its subsurface installations. The Contractor shall determine the location and depth of all utilities, including service connections, which have been marked by the respective owners and which may affect or be affected by its operations. If no pay item is provided in the Contract for this work, full compensation for such work shall be considered as included in the prices bid for other items of work. 5-2 PROTECTION. The Contractor shall not interrupt the service function or disturb the support of any utility without authority from the owner or order from the Agency. All valves, switches, vaults, and meters shall be maintained readily accessible for emergency shutoff. Where protection is required to ensure support of utilities located as shown on the Plans or in accordance with Section 5-1, the Contractor shall, unless otherwise provided, furnish and place the necessary protection at its expense. Upon learning of the existence and location of any utility omitted from or shown incorrectly on the Plans, the Contractor shall immediately notify the Engineer in writing. When authorized by the Engineer, support or protection of the utility will be paid for as provided in Section 3-2.2.3 or 3-3. 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. 0Revised 11 /01706 Contract No. FAC 08-01 Page 70 of 114 Pages Where concrete is used for backfill or for structures which would result in embedment, or partial embedment, of a metallic utility installation; or where the coating, bedding or other cathodic protection system is exposed or damaged by the Contractor's operations, the Contractor shall notify the Engineer and arrange to secure the advice of the affected utility owner regarding the procedures required to maintain or restore the integrity of the system. 5-3 REMOVAL. Unless otherwise specified, the Contractor shall remove all interfering portions of utilities shown on the Plans or indicated in the Bid documents as "abandoned" or "to be abandoned in place". Before starting removal operations, the Contractor shall ascertain from the Agency whether the abandonment is complete, and the costs involved in the removal and disposal shall be included in the Bid for the items of work necessitating such removals. 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. Utilities which are relocated in order to avoid interference shall be protected in their position and the cost of such protection shall be included in the Bid for the items of work necessitating such relocation. After award of the Contract, portions of utilities which are found to interfere with the Work will be relocated, altered or reconstructed by the owners, or the Engineer may order changes in the Work to avoid interference. Such changes will be paid for in accordance with Section 3-2. When the Plans or Specifications provide for the Contractor to alter, relocate, or reconstruct a utility, all costs for such work shall be included in the Bid for the items of work necessitating such work. Temporary or permanent relocation or alteration of utilities requested by the Contractor for its convenience shall be its responsibility and it shall make all arrangements and bear all costs. The utility owner will relocate service connections as necessary within the limits of the Work or within temporary construction or slope easements. When directed by the Engineer, the Contractor shall arrange for the relocation of service connections as necessary between the meter and property line, or between a meter and the limits of temporary construction or slope easements. The relocation of such service connections will be paid for in accordance with provisions of Section 3-3. Payment will include the restoration of all existing improvements which may be affected thereby. The Contractor may agree with the owner of any utility to disconnect and reconnect interfering service connections. The Agency will not be involved in any such agreement. In conformance with Section 5-6 the Contractor shall coordinate the work with utility agencies and companies. Prior to the installation of any and all utility structures within the limits of work by any utility agency or company, or its contractor, the Contractor shall place all curb or curb and gutter that is a part of the work and adjacent to the location where such utility structures are shown on the plans and are noted as being located, relocated or are otherwise shown as installed by others. In order to minimize delays to the Contractor caused by the failure of other parties to relocate utilities that interfere with the construction, the Contractor, upon the Engineer's approval, may be permitted to temporarily omit the portion of work affected by the utility. If such temporary omission is approved by the Engineer the Contractor shall place survey or other physical control markers sufficient to locate the curb or curb and gutter to the satisfaction of the utility agency or company. Such temporary omission shall be for the Contractor's convenience and no additional compensation will be allowed therefore or for additional work, materials or delay associated with the temporary omission. The portion thus omitted shall be constructed by the Contractor immediately following the relocation of the utility involved unless otherwise directed by the Engineer. Revised 11/01/06 Contract No. FAC 08-01 Page 71 of 114 Pages 5-5 DELAYS. The Contractor shall notify the Engineer of its construction schedule insofar as it affects the protection, removal, or relocation of utilities. Said notification shall be included as a part of the construction schedule required in Section 6-1 . The Contractor shall notify the Engineer in writing of any subsequent changes in the construction schedule which will affect the time available for protection, removal, or relocation of utilities. The Contractor will not be entitled to damages or additional payment for delays attributable to utility relocations or alterations if correctly located, noted, and completed in accordance with Section 5-1 . The Contractor may be given an extension of time for unforeseen delays attributable to unreasonably protracted interference by utilities in performing work correctly shown on the Plans. The Agency will assume responsibility for the timely removal, relocation, or protection of existing main or trunkline utility facilities within the area affected by the Work if such utilities are not identified in the Contract Documents. The Contractor will not be assessed liquidated damages for any delay caused by failure of Agency to provide for the timely removal, relocation, or protection of such existing facilities. If the Contractor sustains loss due to delays attributable to interferences, relocations, or alterations not covered by Section 5-1 , which could not have been avoided by the judicious handling of forces, equipment, or plant, there shall be paid to the Contractor such amount as the Engineer may find to be fair and reasonable compensation for such part of the Contractor's actual loss as was unavoidable and the Contractor may be granted an extension of time. 5-6 COOPERATION. When necessary, the Contractor shall so conduct its operations as to permit access to the Work site and provide time for utility work to be accomplished during the progress of the Work. SECTION 6 - PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Except as otherwise provided herein and unless otherwise prohibited by permits from other agencies as may be required by law the Contractor shall begin work within 60 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 Section 6. oRevised 11/01/06 Contract No. FAC 08-01 Page 72 of 114 Pages 6-1.2 Preparation and Review of the Baseline Construction Schedule. The Contractor shall prepare the Baseline Construction Schedule. The Baseline Construction Schedule shall depict a workable plan showing the sequence, duration, and interdependence of all activities required to represent the complete performance 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. 6-1.2.2 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. 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. 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, Carlsbad, 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 1 working day nor longer than 15 working days, unless specifically and individually allowed by the Engineer. The Baseline Construction Schedule shall include all 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. Revised 1 1/01/06 Contract No. FAG 08-01 Page 73 of 1 14 Pages 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 determination 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. The Engineer may choose to accept the Contractor's proposal of a project duration shorter than the duration specified; provided the Agency is satisfied the shortened Baseline Construction Schedule is reasonable and the Agency and all other entities, public and private, which interface with the project are able to support the provisions of the shortened Baseline Construction Schedule. The Agency's acceptance of a shortened duration project will be confirmed through the execution of a contract change order revising the project duration and implementing all contractual requirements including liquidated damages in accordance with the revised duration. 6-1.2.10 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 be a condition precedent to issuance of the Notice to Proceed by the Engineer. If the Engineer determines that the Construction Schedule does not meet the requirements of these 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 Section 6. 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. 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. 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. 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. Revised 11/01/06 Contract No. FAC 08-01 Page 74 of 114 Pages 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 Section 6. 6-1.3.1 Actual Activity Dates. The actual dates each activity was started and/or completed during the month. After first reporting an actual date, the Contractor shall not change that actual date in later updates without specific notification to the Engineer with the update. 6-1.3.2 Activity Percent Complete. For each activity underway at the end of the month, the Contractor shall report the percentage determined by the Engineer as complete for the activity. 6-1.3.3 Electronic Media. The schedule data disk shall be a CD-ROM, labeled with the project name and number, the Contractor's name and the date of preparation of the schedule data disk. The schedule data disk shall be readable by the software specified in Section 6-1.2.4 "Schedule Software" and shall be free of file locking, encryption or any other protocol that would impede full access of all data stored on it. 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. 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. 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. 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. 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. Revised 11/01/06 Contract No. FAC 08-01 Page 75 of 114 Pages 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 different" means a time variance greater than 5 percent of the number of days of duration for the project. 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 providing engineered drawings and calculations, procuring a building permit and procuring and installing a pre-fabricated steel mezzanine and performing all associated electrical or other work as indicated in the project plans and specifications. 6-2.3 Project Meetings. The Engineer will establish the time and location of bi-weekly Project Meetings. The Contractor's Representative shall attend each Project Meeting. The Project Representative shall be the individual determined under Section 7-6, "The Contractor's Representative". No separate payment for attendance of the Contractor, the Contractor's Representative or any other employee or subcontractor or subcontractor's employee at these meetings will be made. 6-3 SUSPENSION OF WORK. 6-3.1 General. The Work may be suspended in whole or in part when determined by the Engineer that the suspension is necessary in the interest of the Agency. The Contractor shall comply immediately with any written order of the Engineer. Such suspension shall be without liability to the Contractor on the part of the Agency except as otherwise specified in Section 6-6.3. ©mW Revised 11/01/06 Contract No. FAC 08-01 Page 76 of 114 Pages 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 serve written notice upon the Contractor and the Surety on its Faithful Performance Bond demanding satisfactory compliance with the Contract. The Contract may be canceled by the Board without liability for damage, when in the Board's opinion the Contractor is not complying in good faith, has become insolvent, or has assigned or subcontracted any part of the Work without the Board's consent. In the event of such cancellation, the Contractor will be paid the actual amount due based on Contract Unit Prices or lump sums bid and the quantity of the Work completed at the time of cancellation, less damages caused to the Agency by acts of the Contractor. The Contractor, in having tendered a Bid, shall be deemed to have waived any and all claims for damages because of cancellation of Contract for any such reason. If the Agency declares the Contract canceled for any of the above reasons, written notice to that effect shall be served upon the Surety. The Surety shall, within five (5) days, assume control and perform the Work as successor to the Contractor. If the Surety assumes any part of the Work, it shall take the Contractor's place in all respects for that part, and shall be paid by the Agency for all work performed by it in accordance with the Contract. If the Surety assumes the entire Contract, all money due the Contractor at the time of its default shall be payable to the Surety as the Work progresses, subject to the terms of the Contract. If the Surety does not assume control and perform the Work within 5 days after receiving notice of cancellation, or fails to continue to comply, the Agency may exclude the Surety from the premises. The Agency may then take possession of all material and equipment and complete the Work by Agency forces, by letting the unfinished Work to another Contractor, or by a combination of such methods. In any event, the cost of completing the Work shall be charged against the Contractor and its Surety and may be deducted from any money due or becoming due from the Agency. If the sums due under the Contract are insufficient for completion, the Contractor or Surety shall pay to the Agency within 5 days after the completion, all costs in excess of the sums due. The provisions of this section shall be in addition to all other rights and remedies available to the Agency under law. 6-5 TERMINATION OF CONTRACT. The Board may terminate the Contract at its own discretion or when conditions encountered during the Work make it impossible or impracticable 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. Revised 11/01/06 Contract No. FAC 08-01 Page 77 of 114 Pages 6-6 DELAYS AND EXTENSIONS OF TIME. 6-6.1 General. If delays are caused by unforeseen events beyond the control of the Contractor, such delays will entitle the Contractor to an extension of time as provided herein, but the Contractor will not be entitled to damages or additional payment due to such delays, except as provided in 6-6.3. Such unforeseen events may include: war, government regulations, labor disputes, strikes, fires, floods, adverse weather or elements necessitating cessation of work, inability to obtain materials, labor or equipment, required extra work, or other specific events as may be further described in the Specifications. No extension of time will be granted for a delay caused by the Contractor's inability to obtain materials unless the Contractor furnishes to the Engineer documentary proof, the proof must be provided in a timely manner in accordance with the sequence of the Contractor's operations and the approved construction schedule. If delays beyond the Contractor's control are caused by events other than those mentioned above, the Engineer may deem an extension of time to be in the best interests of the Agency. The Contractor will not be entitled to damages or additional payment due to such delays, except as provided in Section 6-6.3. If delays beyond the Contractor's control are caused solely by action or inaction by the Agency, such delays will entitle the Contractor to an extension of time as provided in Section 6-6.2. 6-6.2 Extensions of Time. Extensions of time, when granted, will be based upon the effect of delays to the Work. They will not be granted for noncontrolling delays to minor portions of the Work unless it can be shown that such delays did or will delay the progress of the Work. 6-6.3 Payment for Delays to Contractor. The Contractor will be compensated for damages incurred due to delays for which the Agency is responsible. Such actual costs will be determined by the Engineer. The Agency will not be liable for damages which the Contractor could have avoided by any reasonable means, such as judicious handling of forces, equipment, or plant. The determination of what damages the Contractor could have avoided will be made by the Engineer. 6-6.4 Written Notice and Report. The Contractor shall provide written notice to the Engineer within two hours of the beginning of any period that the Contractor has placed any workers or equipment on standby for any reason that the Contractor has determined to be caused by the Agency or by any organization that the Agency may otherwise be obligated by. The Contractor shall provide continuing daily written notice to the Engineer, each working day, throughout the duration of such period of delay. The initial and continuing written notices shall include the classification of each workman and supervisor and the make and model of each piece of equipment placed on standby, the cumulative duration of the standby, the Contractor's opinion of the cause of the delay and a cogent explanation of why the Contractor could not avoid the delay by reasonable means. Should the Contractor fail to provide the notice(s) required by this section the Contractor agrees that no delay has occurred and that it will not submit any claim(s) therefore. Revised 11/01/06 Contract No. FAC 08-01 Page 78 of 114 Pages 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. Unless otherwise specified, the time of completion of the Contract shall be expressed in working days. The Contractor shall diligently prosecute the work to completion within 90 working days after the starting date specified in the Notice to Proceed. Bidders are advised that the 90 working day period includes submittal of materials, procurement of permits, manufacture, delivery and installation of the mezzanine and associated appurtenances. 6-7.2 Working Day. A working day is any day within the period between the start of the Contract time as defined in Section 6-1 and the date provided for completion, or upon field acceptance by the Engineer for all work provided for in the Contract, whichever occurs first, other than: 1. Saturday, 2. Sunday, 3. any day designated as a holiday by the Agency, 4. any other day designated as a holiday in a Master Labor Agreement entered into by the Contractor or on behalf of the Contractor as an eligible member of a contractor association, 5. any day the Contractor is prevented from working at the beginning of the workday for cause as defined in Section 6-6.1, 6. any day the Contractor is prevented from working during the first 5 hours with at least 60 percent of the normal work force for cause as defined in Section 6-6.1. Unless otherwise approved in writing by the Engineer, the hours of work shall be between the hours of 7:00 a.m. and 4:00 p.m. on Mondays through Fridays, excluding Agency holidays. 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. 6-7.3 Contract Time Accounting. The Engineer will make a daily determination of each working day to be charged against the Contract time. These determinations will be discussed and the Contractor will be furnished a periodic statement showing allowable number of working days of Contract time, as adjusted, at the beginning of the reporting period. The statement will also indicate the number of working days charged during the reporting period and the number of working days of Contract time remaining. If the Contractor does not agree with the statement, it shall file a written protest within 15 days after receipt, setting forth the facts of the protest. Otherwise, the statement will be deemed to have been accepted. 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY. The Work will be inspected by the Engineer for acceptance upon receipt of the Contractor's written assertion that the Work has been completed. The Engineer will not accept the Work or any portion of the Work before all of the Work is completed and all outstanding deficiencies that may exist are corrected by the Contractor and the Engineer is satisfied that all the materials and workmanship, and all other features of the Work, meet the requirements of all of the specifications for the Work. Use, temporary, interim or permanent, of all, or portions of, the Work does not constitute acceptance of the Work. If, in the Engineer's judgment, the Work has been completed and is ready for acceptance the Engineer will so certify to the Board. Upon such certification by the Engineer the Board may accept the completed Work. Upon the Board's acceptance of the Work the Engineer will cause a "Notice of Completion" to be filed in the office of the San Diego County Recorder. The date of recordation shall be the date of completion of the Work. Revised 11/01/06 Contract No. FAC 08-01 Page 79 of 114 Pages All work shall be warranted for one (1) year aftar 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 Five Hundred Dollars ($500.00) Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due the Contractor if such delay occurs. Execution of the Contract shall constitute agreement by the Agency and Contractor that Five Hundred Dollars ($500.00) 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 reserves the right to take over and utilize all or part of any completed facility or appurtenance. The Contractor will be notified in writing in advance of such action. Such action by the Agency will relieve the Contractor of responsibility for injury or damage to said completed portions of the improvement resulting from use by public traffic or from the action of the elements or from any other cause, except Contractor operations or negligence. The Contractor will not be required to reclean such portions of the improvement before field acceptance, except for cleanup made necessary by its operations. Nothing in this section shall be construed as relieving the Contractor from full responsibility for correcting defective work or materials. In the event the Agency exercises its right to place into service and utilize all or part of any completed facility or appurtenance, the Agency will assume the responsibility and liability for injury to persons or property resulting from the utilization of the facility or appurtenance so placed into service, except for any such injury to persons or property caused by any willful or negligent act or omission by the Contractor, Subcontractor, their officers, employees, or agents. SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-1 CONTRACTOR'S EQUIPMENT AND FACILITIES. The Contractor shall furnish and maintain in good condition all equipment and facilities as required for the proper execution and inspection of the Work. Such equipment and facilities shall meet all requirements of applicable ordinances and laws. 7-2 LABOR. 7-2.1 General. Only competent workers shall be employed on the Work. Any person employed who is found to be incompetent, intemperate, troublesome, disorderly, or otherwise objectionable, or who fails or refuses to perform work properly and acceptably, shall be immediately removed from the Work by the Contractor and not be reemployed on the Work. Revised 11/01/06 Contract No. FAC 08-01 Page 80 of 114 Pages 7-2.2 Laws. The Contractor, its agents, and employees shall be bound by and comply with applicable provisions of the Labor Code and Federal, State, and local laws related to labor. The Contractor shall strictly adhere to the provisions of the Labor Code regarding minimum wages; the 8-hour day and 40-hour week; overtime; Saturday, Sunday, and holiday work; and nondiscrimination because of race, color, national origin, sex, or religion. The Contractor shall forfeit to the Agency the penalties prescribed in the Labor Code for violations. In accordance with the Labor Code, the Board has on file and will publish a schedule of prevailing wage rates for the types of work to be done under the Contract. The Contractor shall not pay less than these rates. Each worker shall be paid subsistence and travel as required by the collective bargaining agreement on file with the State of California Department of Industrial Relations. The Contractor's attention is directed to Section 1776 of the Labor Code which imposes responsibility upon the Contractor for the maintenance, certification, and availability for inspection of such records for all persons employed by the Contractor or Subcontractor in connection with the project. The Contractor shall agree through the Contract to comply with this Section and the remaining provisions of the Labor Code. 7-3 LIABILITY INSURANCE. Insurance shall be required as specified in section 10 of the Public Works Contract. The cost of this insurance shall be included in the Contractor's Bid. 7-4 WORKERS' COMPENSATION INSURANCE. Before execution of the Contract by the Board, the Contractor shall file with the Engineer the following signed certification: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." 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. oRevised 11/01/06 Contract No. FAC 08-01 Page 81 of 114 Pages 7-5 PERMITS. Except as specified herein the Contractor will obtain, at no cost to the Contractor all City of Carlsbad encroachment, right-of-way, grading and building permits necessary to perform work for this contract on Agency property, streets, or other rights-of-way. Contractor shall not begin work until all permits incidental to the work are obtained. The Contractor shall obtain and pay for all permits for the disposal of all materials removed from the project. The cost of said permit(s) shall be included in the price bid for the appropriate bid item and no additional compensation will be allowed therefore. The Contractor shall obtain and pay for all costs incurred for permits necessitated by its operations such as, but not limited to, those permits required for night work, overload, blasting, and demolition. For private contracts, the Contractor shall obtain all permits incidental to the Work or made necessary by its operations, and pay all costs incurred by the permit requirements. The Contractor shall pay all business taxes or license fees that are required for the work. 7-6 THE CONTRACTOR'S REPRESENTATIVE. Before starting work, the Contractor shall designate in writing a representative who shall have complete authority to act for it. An alternative representative may be designated as well. The representative or alternate shall be present at the Work site whenever work is in progress or whenever actions of the elements necessitate its presence to take measures necessary to protect the Work, persons, or property. Any order or communication given to this representative shall be deemed delivered to the Contractor. A joint venture shall designate only one representative and alternate. In the absence of the Contractor or its representative, instructions or directions may be given by the Engineer to the superintendent or person in charge of the specific work to which the order applies. Such order shall be complied with promptly and referred to the Contractor or its representative. In order to communicate with the Agency, the Contractor's representative, superintendent, or person in charge of specific work shall be able to speak, read, and write the English language. 7-7 COOPERATION AND COLLATERAL WORK. The Contractor shall be responsible for ascertaining the nature and extent of any simultaneous, collateral, and essential work by others. The Agency, its workers and contractors and others, shall have the right to operate within or adjacent to the Work site during the performance of such work. The Agency, the Contractor, and each of such workers, contractors and others, shall coordinate their operations and cooperate to minimize interference. The Contractor shall include in its Bid all costs involved as a result of coordinating its work with others, the Contractor will not be entitled to additional compensation from the Agency for damages resulting from such simultaneous, collateral, and essential work. If necessary to avoid or minimize such damage or delay, the Contractor shall redeploy its work force to other parts of the Work. Should the Contractor be delayed by the Agency, and such delay could not have been reasonably foreseen or prevented by the Contractor, the Engineer will determine the extent of the delay, the effect on the project, and any extension of time. 7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility companies during the relocation or construction of their lines. The Contractor may be granted a time extension if, in the opinion of the Engineer, a delay is caused by the utility company. No additional compensation will be made to the Contractor for any such delay. Revised 11/01/06 Contract No. FAC 08-01 Page 82 of 114 Pages 7-8 PROJECT SITE MAINTENANCE. ^ 7-8.1 Cleanup and Dust Control. Throughout all phases of construction, including suspension of work, and until the final acceptance, the Contractor shall keep the site clean and free from rubbish and debris. The Contractor shall also abate dust nuisance by cleaning, sweeping and sprinkling with water, or other means as necessary. The use of water resulting in mud on public streets will not be permitted as a substitute for sweeping or other methods. When required by the Plans or Specifications, the Contractor shall furnish and operate a self-loading motor sweeper with spray nozzles at least once each working day for the purpose of keeping paved areas acceptably clean wherever construction, including restoration, is incomplete. Materials and equipment shall be removed from the site as soon as they are no longer necessary. Before the final inspection, the site shall be cleared of equipment, unused materials, and rubbish so as to present a satisfactory clean and neat appearance. All cleanup costs shall be included in the Contractor's Bid. Care shall be taken to prevent spillage on haul routes. Any such spillage shall be removed immediately and the area cleaned. Excess excavation material from catch basins or similar structures shall be removed from the site immediately. Sufficient material may remain for use as backfill if permitted by the Specifications. Forms and form lumber shall be removed from the site as soon as practicable after stripping. Failure of the Contractor to comply with the Engineer's cleanup orders may result in an order to suspend work until the condition is corrected. No additional compensation will be allowed as a result ^^ of such suspension. \^ Cleanup and dust control required herein shall also be executed on weekends and other non-working days when needed to preserve the health safety or welfare of the public. The Contractor shall conduct effective cleanup and dust control throughout the duration of the Contract. The Engineer may require increased levels of cleanup and dust control that, in his/her sole discretion, are necessary to preserve the health, safety and welfare of the public. Cleanup and dust control shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. 7-8.2 Air Pollution Control. The Contractor shall not discharge smoke, dust, or any other air contaminants into the atmosphere in such quantity as will violate the regulations of any legally constituted authority. 7-8.3 Vermin Control. At the time of acceptance, structures entirely constructed under the Contract shall be free of rodents, insects, vermin, and pests. Necessary extermination work shall be arranged and paid for by the Contractor as part of the Work within the Contract time, 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 /-<N public health and sanitation of dwellings and camps. ^i Revised 11/01 /06 Contract No. FAC 08-01 Page 83 of 114 Pages Wastewater shall not be interrupted. Should the Contractor disrupt existing sewer facilities, sewage shall be conveyed in closed conduits and disposed of in a sanitary sewer system. Sewage shall not be permitted to flow in trenches or be covered by backfill. 7-8.5 Temporary Light, Power, and Water. The Contractor shall furnish, install, maintain, and remove all temporary light, power, and water at its own expense. These include piping, wiring, lamps, and other equipment necessary for the Work. The Contractor shall not draw water from any fire hydrant (except to extinguish a fire), without obtaining permission from the water agency concerned. The Contractor shall obtain a construction meter for water used for the construction, plant establishment, maintenance, cleanup, testing and all other work requiring water related to this contract. The Contractor shall contact the appropriate water agency for requirements. The Contractor shall pay all costs of temporary light, power and water including hookup, service, meter and any, and all, other charges, deposits and/or fees therefore. Said costs shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. 7-8.6 Water Pollution Control. The Contractor shall exercise every reasonable precaution to protect channels, storm drains, and bodies of water from pollution. It shall conduct and schedule operations so as to minimize or avoid muddying and silting of said channels, drains, and waters. Water pollution control work shall consist of constructing those facilities which may be required to provide prevention, control, and abatement of water pollution. 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. 7-8.7 Drainage Control. The Contractor shall maintain drainage within and through the work areas. Earth dams will not be permitted in paved areas. Temporary dams of sandbags, asphaltic concrete, or other acceptable material will be permitted when necessary. Such dams shall be removed from the site as soon as their use is no longer necessary. 7-8.8 Noise Control. All internal combustion engines used in the construction shall be equipped with mufflers in good repair when in use on the project with special attention to the City Noise Control Ordinance, Carlsbad Municipal Code Chapter 8.48. 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS. The Contractor shall be responsible for the protection of public and private property adjacent to the Work and shall exercise due caution to avoid damage to such property. The Contractor shall repair or replace all existing improvements within the right-of-way which are not designated for removal (e.g., curbs, sidewalks, driveways, fences, walls, signs, utility installations, pavement, structures, etc.) which are damaged or removed as a result of its operations. When a portion of a sprinkler system within the right-of-way must be removed, the remaining lines shall be capped. Repairs and replacements shall be at least equal to existing improvements and shall match them in finish and dimension. Maintenance of street and traffic signal systems that are damaged, temporarily removed or relocated shall be done in conformance with 307-1.5. Revised 11/01/06 Contract No. FAC 08-01 Page 84 of 114 Pages Trees, lawns, and shrubbery that are not to be removed shall be protected from damage or injury. If damaged or removed due to Contractor's operations, they shall be restored or replaced in as nearly the original condition and location as is reasonably possible. Lawns shall be reseeded and covered with suitable mulch. The Contractor shall give reasonable notice to occupants or owners of adjacent property to permit them to salvage or relocate plants, trees, fences, sprinklers, and other improvements, within the right-of-way which are designated for removal and would be destroyed because of the Work. All costs to the Contractor for protecting, removing, and restoring existing improvements shall be included in the Bid. 7-10 PUBLIC CONVENIENCE AND SAFETY. 7-10.1 Traffic and Access. The Contractor's operations shall cause no unnecessary inconvenience. The access rights of the public shall be considered at all times. Unless otherwise authorized, traffic shall be permitted to pass through the Work, or an approved detour shall be provided. 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 contractor shall replace all street markings and striping damaged by construction activities. The Contractor shall include in its Bid all costs for the above requirements. 7-10.2 Storage of Equipment and Materials in Public Streets. Construction materials shall not be stored in streets, roads, or highways for more than 5 days after unloading. All materials or equipment not installed or used in construction within 5 days after unloading shall be stored elsewhere by the Contractor at its expense unless authorized additional storage time. Construction equipment shall not be stored at the Work site before its actual use on the Work nor for more than 5 days after it is no longer needed. Time necessary for repair or assembly of equipment may be authorized by the Engineer. Excavated material, except that which is to be used as backfill in the adjacent trench, shall not be stored in public streets unless otherwise permitted. After placing backfill, all excess material shall be removed immediately from the site. 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. Revised 11/01/06 Contract No. FAC 08-01 Page 85 of 114 Pages 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) 602-2720 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. All costs involved shall be included in the Bid. Traffic controls shall be in accordance with the plans, The California Manual on Uniform 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 all temporary paint shall be rapid dry water borne conforming to Section 210-1.6 for materials and Section 310-5 et seq. For workmanship. Warning and advisory signs, 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 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 Revised 11/01/06 Contract No. FAC 08-01 Page 86 of 114 Pages closed with fluorescent traffic cones or portable delineators placed on a taper in advance of the parked vehicles or equipment and along the edge of the pavement at not less than 25' intervals to a point not less than 25' past the last vehicle or piece of equipment. A minimum of 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. 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 otherwise stated in the Specifications. Explosives shall be handled, used, and stored in accordance with all applicable regulations. The Engineer's approval of the use of explosives shall not relieve the Contractor from liability for claims caused by blasting operations. 7-10.4.3 Special Hazardous Substances and Processes. Materials that contain hazardous substances or mixtures may be required on the Work. A Material Safety Data Sheet as described in Section 5194 of the California Code of Regulations shall be requested by the Contractor from the manufacturer of any hazardous products used. Material usage shall be accomplished with strict adherence to California Division of Industrial Safety requirements and all manufacturer warnings and application instructions listed on the Material Safety Data Sheet and on the product container label. The Contractor shall notify the Engineer if a specified product cannot be used under safe conditions. Revised 11/01 /06 Contract No. FAC 08-01 Page 87 of 114 Pages 7-10.4.5 Safety and Protection of Workers and Public. The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the work is being performed. The Contractor shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and public, and shall use danger signs warning against hazards created by such features of construction as protruding nails, hoists, well holes, and falling materials. 7-11 PATENT FEES OR ROYALTIES. The Contractor shall absorb in its Bid the patent fees or royalties on any patented article or process furnished or used in the Work. The Contractor shall indemnify and hold the Agency harmless from any legal action that may be brought for infringement of patents. 7-12 ADVERTISING. The names, addresses and specialties of Contractors, Subcontractors, architects, or engineers may be displayed on removable signs. The size and location shall be subject to the Engineer's approval. Commercial advertising matter shall not be attached to or painted on the surfaces of buildings, fences, canopies, or barricades. 7-13 LAWS TO BE OBSERVED. The Contractor shall keep fully informed of State and National laws and County and Municipal ordinances and regulations which in any manner affect those employed in the Work or the materials used in the Work or in any way affect the conduct of the Work. The Contractor shall at all times observe and comply with such laws, ordinances, and regulations. Municipal ordinances that affect this work include Chapter 11.06. Excavation and Grading. If this notice specifies locations or possible materials, such as borrow pits or gravel beds, for use in the proposed construction project which would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the conditions established pursuant to Section 1601 et seq. of the Fish and Game Code shall become conditions of the contract. 7-14 ANTITRUST CLAIMS. Section 7103.5 of the Public Contract Code provides: "In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec 15) or Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or subcontract. The assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment of the parties." SECTION 8 - FACILITIES FOR AGENCY PERSONNEL 8-1 GENERAL. A Field Office for Agency personnel is not required. Revised 11/01/06 Contract No. FAC 08-01 Page 88 of 114 Pages SECTION 9 - MEASUREMENT AND PAYMENT 9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK. 9-1.1 General. Unless otherwise specified, quantities of work shall be determined from measurements or dimensions in horizontal planes. However, linear quantities of pipe, piling, fencing and timber shall be considered as being the true length measured along longitudinal axis. 9-2 LUMP SUM WORK. Items for which quantities are indicated "Lump Sum", "L.S.", or "Job", shall be paid for at the price indicated in the Bid. Such payment shall be full compensation for the items of work and all work appurtenant thereto. When required by the Specifications or requested by the Engineer, the Contractor shall submit to the Engineer within 15 days after award of Contract, a detailed schedule in triplicate, to be used only as a basis for determining progress payments on a lump sum contract or designated lump sum bid item. This schedule shall equal the lump sum bid and shall be in such form and sufficiently detailed as to satisfy the Engineer that it correctly represents a reasonable apportionment of the lump sum. 9-3 PAYMENT 9-3.1 General. The quantities listed in the Bid schedule will not govern final payment. Payment to the Contractor will be made only for actual quantities of Contract items constructed in accordance with the Plans and Specifications. Upon completion of construction, if the actual quantities show either an increase or decrease from the quantities given in the Bid schedule, the Contract Unit Prices will prevail subject to the provisions of Section 3-2.2.1. The unit and lump sum prices to be paid shall be full compensation for the items of work and all appurtenant work, including furnishing all materials, labor, equipment, tools, and incidentals. Payment will not be made for materials wasted or disposed of in a manner not called for under the Contract. This includes rejected material not unloaded from vehicles, material rejected after it has been placed, and material placed outside of the Plan lines. No compensation will be allowed for disposing of rejected or excess material. 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. Revised 11/01/06 Contract No. FAC 08-01 Page 89 of 114 Pages Payment shall not relieve the Contractor from its obligations under the Contract; nor shall such payment be construed to be acceptance of any of the Work. Payment shall not be construed as the transfer of ownership of any equipment or materials to the Agency. Responsibility of ownership shall remain with the Contractor who shall be obligated to store any fully or partially completed work or structure for which payment has been made; or replace any materials or equipment required to be provided under the Contract which may be damaged, lost, stolen or otherwise degraded in any way prior to acceptance of the Work, except as provided in Section 6-10. Guarantee periods shall not be affected by any payment but shall commence on the date of recordation of the "Notice of Completion." If, within the time fixed by law, a properly executed notice to stop payment is filed with the Agency, due to the Contractor's failure to pay for labor or materials used in the Work, all money due for such labor or materials will be withheld from payment to the Contractor in accordance with applicable laws. At the expiration of 35 days from the date of acceptance of the Work by the Board, or as prescribed by law, the amount deducted from the final estimate and retained by the Agency will be paid to the Contractor except such amounts as are required by law to be withheld by properly executed and filed notices to stop payment, or as may be authorized by the Contract to be further retained. 9-3.2 Partial and Final Payment. The Engineer will, after award of Contract, establish a closure date for the purpose of making monthly progress payments. The Contractor may request in writing that such monthly closure date be changed. The Engineer may approve such request when it is compatible with the Agency's payment procedure. Each month, the Engineer will make an approximate measurement of the work performed to the closure date as basis for making monthly progress payments. The estimated value will be based on contract unit prices, completed change order work and as provided for in Section 9-2 of these General Provisions. Progress payments shall be made no later than thirty (30) calendar days after the closure date. Five (5) working days following the closure date, the Engineer shall complete the detailed progress pay estimate and submit it to the Contractor for the Contractor's information. Should the Contractor assert that additional payment is due, the 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. Revised 11/01/06 Contract No. FAC 08-01 Page 90 of 114 Pages 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 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. Revised 11/01/06 Contract No. FAC 08-01 Page 91 of 114 Pages 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. Revised 11/01/06 Contract No. FAG 08-01 Page 92 of 114 Pages SUPPLEMENTAL PROVISIONS TO "GREEN BOOK" STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 2, CONSTRUCTION MATERIALS SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS 201-3 EXPANSION JOINT FILLER AND JOINT SEALANTS. Add the following: 201-3.4 Type "A" Sealant (Two-Part Polyurethane Sealant). Add the following: All finished concrete surfaces shall have a !4" continuous expansion joint at locations indicated on the plans and notes and shall be located either parallel to perpendicular to the curb line. When not otherwise indicated, all expansion joints located adjacent to colored concrete shall be sealant Type "A" and colored to match the color of the concrete surface. Contractor shall provide joint sealants that have been produced and installed to establish and to maintain watertight and airtight continuous seals without causing staining or deterioration of joint substrates. Contractor shall submit product data from the manufacturer of each joint sealant product required, including instructions for joint preparation and joint sealer application. Contractor shall also submit samples for initial selection purposes in form of manufacturer's standard bead samples, consisting of strips of actual products showing full range of colors available, for each product exposed to view. Samples shall be submitted to Engineer. Submit complete schedule of type (and location where type is to be used) of each sealant. Contractor shall engage an experienced installer who has completed joint sealant applications similar in material, design and extent to that indicated for Project that have resulted in construction with a record of successful in-service performance. Provide joint sealants, joint fillers, and other related materials that are compatible with one another and with joint substrates under conditions of service and application, as demonstrated by sealant manufacturer based on testing and field experience. Provide color selections made by Engineer from manufacturer's full range of standard colors for products of type indicated. Sealant color parallel to curbline shall match color of Paving Treatment Type "A" as specified in Section 201-1.2.4(a) of these Special Provisions. Joint sealants shall be multi-component polyurethane sealant. Except as otherwise indicated, provide manufacturer's standard, non-modified, 2-or-more-part, polyurethane-based, elastomeric sealant; complying with either ASTM-C-920-87, Type M, Grade P, Class 25, or FS TT-S 0227E Class A, non-sag, Type II. Acceptable Products: "Sonneborn NPM"; Sonneborn Building Products Division; "Scofield Lithoseal Trafficalk 3-G", L.M. Scofield Company; or equivalent, as approved by the Engineer. Revised 11/01/06 Contract No. FAG 08-01 Page 93 of 114 Pages Provide sealant backings of material and type that are nonstaining; are compatible with joint substrates, sealants, primers and other joint fillers; and are approved for applications indicated by sealant manufacturer based on field experience and laboratory testing. Plastic foam joint fillers shall be preformed, compressible, resilient, nonstaining, nonwaxing, nonextruding strips of flexible plastic foam either open-cell polyurethane foam or closed-cell polyethylene foam, subject to approval of sealant manufacturer, for cold-applied sealants only. Polystyrene foam is not acceptable. Revised 11/01/06 Contract No. FAG 08-01 Page 94 of 114 Pages SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 3, CONSTRUCTION METHODS SECTION 300 • EARTHWORK 300-13 STORM WATER POLLUTION PREVENTION PLAN Add the following section: 300-13.1 Storm Water Pollution Prevention Plan. As part of the storm water pollution prevention work, the Contractor shall prepare and submit Storm Water Pollution Prevention Plan, hereafter referred to as the "SWPPP,". The SWPPP shall conform to the requirements of the "Greenbook" Standard Specifications for Public Works Construction, the requirements in the California Storm Water Quality Association, Stormwater Best Management Practice Handbook, Construction ("Handbook"), the requirements of the Permit, the requirements in the plans and these supplemental provisions. 300-13.1.1 SWPPP Document Within 15 calendar days after the execution of the contract, the Contractor shall submit 3 copies of the SWPPP to the Engineer, in accordance with Section 2-5.3.3 of these Special Provisions. Contractor will be provided the digital format for SWPPP to complete required sections. If revisions are required, as determined by the Engineer, the Contractor shall revise and resubmit the SWPPP within 15 days of receipt of the Engineer's comments and shall allow 5 days for the Engineer to review the revisions. Upon the Engineer's acceptance of the SWPPP, 3 additional copies of the SWPPP, incorporating the required changes, shall be submitted to the Engineer. In order to allow construction activities to proceed, the Engineer may conditionally approve the SWPPP while minor revisions are being completed. The objectives of the SWPPP shall be to identify pollution sources that may adversely affect the quality of storm water discharges associated with the project and to identify, construct, implement and maintain storm water pollution prevention measures, hereafter referred to as control measures, to reduce to the extent feasible pollutants in storm water discharges from the construction site both during and after construction is completed under this contract. The SWPPP shall incorporate control measures in the following categories: 1. Soil stabilization practices; 2. Sediment control practices; 3. Wind erosion control practices; and 4. Non-storm water management and waste management and disposal control practices. Specific objectives and minimum requirements for each category of control measures are contained in the Handbook. The Contractor shall designate a Water Pollution Control Manager who will have the responsibilities outlined in the SWPPP. Revised 11/01/06 Contract No. FAG 08-01 Page 95 of 114 Pages The SWPPP shall include, but not be limited to, the following items as described in the SWPPP: 1. Source Identification; 2. Erosion and Sediment Controls; 3. Non-Storm Water Management; 4. Waste Management and Disposal; 5. Maintenance, Inspection and Repair; 6. Training; 7. List of Contractors and Subcontractors; 8. Post-Construction Storm Water Management; 9. Preparer; 10. Copy of the local permit; 11. BMP Consideration Checklist; 12. SWPPP Checklist; 13. Schedule of Values; and 14. Storm Water Pollution Prevention Drawings. The Contractor shall amend the SWPPP, graphically and in narrative form, whenever there is a change in construction activities or operations which may affect the discharge of significant quantities of pollutants to surface waters, ground waters, municipal storm drain systems, or when deemed necessary by the Engineer. The SWPPP shall also be amended if it is in violation of any condition of the Permit, or has not effectively achieved the objective of reducing pollutants in storm water discharges. Amendments shall show additional control measures or revised operations, including those in areas not shown in the initially accepted SWPPP, which are required on the project to control water pollution effectively. Amendments to the SWPPP shall be submitted for review and acceptance by the Engineer in the same manner specified for the initially accepted SWPPP. Accepted amendments shall be dated and logged in the SWPPP. Upon acceptance of the amendment, the Contractor shall implement the additional control measures or revised operations. The Contractor shall keep a copy of the accepted SWPPP and accepted amendments at the project site. The SWPPP shall be made available upon request of a representative of the Regional Water Quality Control Board, State Water Resources Control Board, U.S. Environmental Protection Agency or local storm water management agency. Requests by the public shall be directed to the Engineer. By June 15 of each year, the Contractor shall submit an annual certification to the Engineer stating compliance with the requirements governing the Permit. If the project is in non-compliance at any time, the Contractor shall make a written report to the Engineer within 15 days of identification of non-compliance. Add the following section: 300-13-1.2 Availability of SWPPP template. A site-specific draft document intended for use as a template for the required SWPPP document will be made available for use at the Contractor's option, at no cost to the Contractor. The document is available for review in Appendix B. The Contractor shall review the template and modify it as necessary to reflect the Contractor's operations. Add the following section: 300-13.1.3 Payment. Preparation, implementation and management of SWPPP shall be considered incidental to the items of work and no additional payment will be made therefore. Revised 11/01/06 Contract No. FAC 08-01 Page 96 of 114 Pages Add the following section: 300-13.1.4 SWPPP Implementation. Upon acceptance of the SWPPP, the Contractor shall be responsible throughout the duration of the project for installing, constructing, inspecting and maintaining the control measures included in the SWPPP and any amendments thereto and for removing and disposing of temporary control measures. Unless otherwise directed by the Engineer or specified in these supplemental provisions, the Contractor's responsibility for SWPPP implementation shall continue throughout any temporary suspension of work ordered in accordance with Section 6-3, "Suspension of Work". Requirements for installation, construction, inspection, maintenance, removal and disposal of control measures are specified in the "Handbook" and these supplemental provisions. Soil stabilization practices and sediment control measures, including minimum requirements, shall be provided throughout the winter season, defined as between October 1 and April 30. Implementation of soil stabilization practices and sediment control measures for soil-disturbed areas of the project site shall be completed, except as provided for below, no later than 20 days prior to the beginning of the winter season or upon start of applicable construction activities for projects which begin either during or within 20 days of the winter season. The Contractor shall implement, year-round and throughout the duration of the project, control measures included in the SWPPP for sediment tracking, wind erosion, non-storm water management and waste management and disposal. The Engineer may order the suspension of construction operations, at the Contractor's cost, which create water pollution if the Contractor fails to conform to the requirements of this section as determined by the Engineer. Add the following section: 300-13.1.5 Maintenance. To ensure the proper implementation and functioning of control measures, the Contractor shall regularly inspect and maintain the construction site for the control measures identified in the SWPPP. The Contractor shall identify corrective actions and time frames to address any damaged measures or reinitiate any measures that have been discontinued. The construction site inspection checklist provided in the "Handbook" shall be used to ensure that the necessary measures are being properly implemented, and to ensure that the control measures are functioning adequately. The Contractor shall submit one copy of each site inspection record to the Engineer, within two days of the inspection. During the winter season, inspections of the construction site shall be conducted by the Contractor to identify deficient measures, as follows: 1. When the five-day rain probability forecast exceeds forty percent (40%). 2. After any precipitation which causes runoff capable of carrying sediment from the construction site; 3. At 24 hour intervals during extended precipitation events; and 4. Routinely, at a minimum of once every week. If the Contractor or the Engineer identifies a deficiency in the deployment or functioning of an identified control measure, the deficiency shall be corrected by the Contractor immediately, or by a later date and time if requested by the Contractor and accepted by the Engineer in writing, but not later than the onset of subsequent precipitation events. The correction of deficiencies shall be at no additional cost to the City. Revised 11/01/06 Contract No. FAC 08-01 Page 97 of 114 Pages SECTION 304 - METAL FABRICATION AND CONSTRUCTION 304-3 CHAIN LINK FENCE. 304-3.2 Fence Construction, add the following: Fence shall be minimum 9 GA Galvanized Steel meeting all requirements of SSPWC and San Diego Regional Standards. Fencing shall have top and bottom rail construction, and shall extend from the floor of the pre-fabricated mezzanine to the top of the existing ceiling in the storage building. 304-3.3 Installation of Gates, add the following: Gates shall be fully framed. Gates shall be minimum 9 GA Galvanized Steel fabric. All fabric and tubing must meet all requirements of SSPWC and San Diego Regional Standards. Gates shall be minimum 7-foot in height and 4-foot in width and must provide hardware suitable for padlocking. Gates shall be installed in the locations shown on the plans or in the specifications. Revised 11/01/06 Contract No. FAC 08-01 Page 98 of 114 Pages PART 4 SUPPLEMENTAL PROVISIONS FOR PRE-FABRICATED STEEL MEZZANINE AT FIRE STATION #5 TECHNICAL SPECIFICATIONS / SPECIAL CONSTRUCTION PROVISIONS 1. The Work The Contract work to be performed hereunder includes the furnishing of all labor and equipment and furnishing and installing all materials, unless herein specifically excepted, necessary for the complete and satisfactory installation of a pre-fabricated steel mezzanine at Fire Station # 5, and other associated electrical, mechanical and structural construction work detailed within the plans or these reference specifications. The work shall consist of installing mechanical and structural elements required to complete the work. All utility location and verification (excavating, exposing, and verifying top, bottom, and side of utility facilities); all demolition work to reconfigure mechanical or structural elements, all earthwork (including trenching, shoring, bedding, backfilling including select imported material or select native material); dewatering; including providing and installing all equipment, and appurtenances; installing any footings or other support structures for the mezzanine, repairing any areas affected by the installation of the mezzanine; protecting in place or removing and replacing all existing utilities and public and private improvements; testing all equipment, disposing of excess demolished building materials, soil, and rock material and restoring all adjacent areas and improvements to pre-construction conditions. Contractor shall, upon completion of all work required herein, initially operate all components of the Contract Work installed or furnished and installed by him, and make any additional, adjustments, corrections, repairs, replacements, and reconstruction's necessary to provide Owner with complete, correctly operating shade structure and appurtenances. 2. Work Site The Contract work site is located in the City of Carlsbad. The Fire Station #5 storage building site is located adjacent to Fire Station #5. The street address of Fire Station #5 is 2540 Orion Way. Bidders shall review the project sites prior to submitting a bid. Revised 11/01/06 Contract No. FAC 08-01 Page 99 of 114 Pages 3. Construction Plans (Drawings) Upon Notice of Award, Contractor is hereby authorized to provide engineered drawings for a pre-fabricated steel mezzanine structure. The Contractor's construction drawings shall include all required structural calculations required by the Building Official in the City of Carlsbad. The drawings and structural calculations shall contain original signatures of a properly licensed California Professional Engineer. (Provide five (5) original sets. The successful bidder will be responsible for procuring a building permit for all work associated with the installation of the mezzanine. The City will waive permit fees for procurement of the Building Permit. 4. Notice of Award and Notice to Proceed Upon Notice of Award, Contractor is hereby authorized to execute Contract and secure Performance and Payment Bonds and Certificates of Insurance. Upon execution of Contract by Owner, Contractor is authorized to begin document submission, material ordering, and construction scheduling. 5. Project Schedule and Late Completion Penalties Upon execution of Contract by Owner, Contractor is authorized to begin document submission, material ordering, and construction scheduling. 6. Data to be Submitted by Contractor Contractor shall furnish Owner submittals for all equipment, equipment components, fabricated materials, and materials to be furnished for review and acceptance by Owner prior to Contractor performing work to which data pertains. Submittals shall be provided in accordance with the "Contractors Submittals Technical Specifications". No submittal will be reviewed without the Statement of Compliance as detailed in Section 2-5.3. Prior to beginning construction, Contractor shall submit 24-hour emergency phone numbers for the construction superintendent, construction foreman, and all company principals. 7. Contractor Cooperation and Coordination Contractor shall cooperate with Owner, San Diego Gas and Electric, and all other jurisdictional agencies. Owner will have representatives on site to observe and verify compliance with Contract Documents. Contractor shall perform work in a manner not to interfere with operation of other park facilities nor operate any existing facilities. Contractor shall perform his work in accordance with the sequence of work as specified herein. Contractor shall coordinate all work with the Owner. A detailed schedule of proposed work shall be provided to the Owner the Thursday preceding each week. 8. Permits, Licenses, Certificates, Laws and Ordinances C. Contractor and all subcontractors shall procure and maintain a valid City of Carlsbad Business License for the duration of the Contract. D. The Contractor shall procure a Building Permit from the Building Official in the City of Carlsbad for all construction. Revised 1 1/01/06 Contract No. FAC 08-01 Page 100 of 1 14 Pages E. California Regional Water Quality Control Board. San Diego Regiona , 1 a a Contractor shall, at his expense, obtain authorization to discharge water from ground water extraction (dewatering), line flushing, and testing operations from the California Regional Water Quality Control Board, San Diego Region (Regional Board). A copy of said discharge authorization shall be provided to the Owner. Contractor shall comply with conditions therein and perform the monitoring required. Contractor shall not allow any discharges from the construction site, which may have an adverse effect on receiving waters of the United States. Contractor shall not allow any groundwater extraction water to be discharged from construction site except in full compliance with the General Waste Discharge Requirements for Ground Water Extraction and Similar Discharges from Construction and Remediation Projects (Order No. 96-41) adopted by the Regional Board. Prior to submitting Bid, Contractor shall obtain a copy of said Order No. 96-41 and review all compliance requirements therein, including monitoring, testing, and reporting. Contractor shall provide all labor, material, and equipment necessary to comply with Regional Board requirements for discharge water from groundwater extractions, line flushing, and testing operations, including all monitoring, testing, and reporting. F. In the event of conflict between the Contract and Permit requirements, the most stringent shall prevail. All permit requirements shall be satisfied by Contractor and accepted by all issuing agencies, and the Owner before project will be accepted and a Notice of Completion filed. G. Contractor shall, at his own expense, procure any additional permits, certificates, and licenses required of him by law for the execution of the work. He shall comply with all Federal, State and local laws, ordinances or rules and regulations relating to the performance of said work. 9. Storage of Materials and Equipment Contractor shall not store materials or equipment on private or public property without written permission from the affected property owners approving such use. Said written permission shall be submitted to Owner prior to Contractor moving materials or equipment onto site. Contractor's equipment shall be removed from public or private right-of-way and placed in the Contractor's designated storage areas at the end of each workday. Contractor may utilize the adjoining parking lot for storage of materials and equipment. The contractor shall install temporary construction fencing around the storage area and will be required to return the area to its pre-construction condition. The Contractor storage site shall be approved by the Project Inspector and shall not infringe upon the operation of the adjoining Fire Station #5 in any way, at any time. oRevised 11/01/06 Contract No. FAC 08-01 Page 101 of 114 Pages 10. Building Inspection The Contractor will be required to coordinate and schedule any and all inspections required by the Building Official. No work may be covered or continued until the Building Official performs all required inspections. The Contractor shall design all portions of the project to conform to all aspects of the UBC. The Contractor agrees to provide Requests for Information to the Project Inspector for any issues regarding UBC compliance prior to scheduling Building Inspection. In the event that the Building Official requires a change in plans or construction to comply with the UBC, the Contractor agrees to process construction changes through the Building Official in matters relating to UBC compliance. Extensions of time will be granted in any case that construction cannot continue on any portion of the project. The contractor agrees to waive any delay claims during plan revision process. Building Inspection may be scheduled for next business day by calling (760) 602-2725 and requesting inspection through the automated scheduling system. Be advised that inspection will not be scheduled for a particular time during the next business day. The Contractor also agrees that any issue requiring re-inspection for any reason, by the Building Official, is not grounds for delay claims. 11. Preservation of Existing Improvements, Restoration of Work Site and Disposal of Spoil and Waste Materials A. Contractor shall perform his operations so that the existing improvements (including roads and other paved surfaces adjacent to or in the vicinity of the work site are not damaged. Contractor shall repair and restore any disturbed or damaged private or public improvements which results from his operations (except that which is specifically a part of the Contract Work) to the satisfaction of the Owner, or the agency having jurisdiction over said improvements, all at his expense. B. All work sites shall be restored to pre-job conditions and shall meet the requirements of Owner and property owner. Owner is obligated to keep visual impact of the work sites to a minimum; therefore, Contractor is required to restore all areas altered by construction to pre-existing conditions. Such areas shall include, but shall not be limited to, areas used for travel, parking, and storage of vehicles, equipment and materials. C. Contractor shall be responsible for the proper disposal of all waste materials resulting from his operations, including rubbish, packaging materials, discarded equipment parts, and damaged construction materials, in a manner and at locations suitable to the Owner and all health and other regulatory agencies. 12. Construction Water & Electrical Contractor may utilize the existing water and electrical source at the Fire Station. The Contractor shall coordinate and request permission to utilize the City's water and power source 48 hours prior to any requested use. Contractor shall furnish and install all necessary piping and appurtenances, including pumps, necessary to convey water from Owner's system to places of use within the work site. Contractor shall supply an Owner approved backflow prevention device. The Contractor may, at his option, provide a portable generator for the work. All portable generator equipment must be equipped with suitable mufflers and shall be in good operating condition. Revised 11/01/06 Contract No. FAC 08-01 Page 102 of 114 Pages 13. Salvage Contractor shall meet with the Owner prior to removal of any material or equipment from the existing facility and the Owner shall designate which equipment (if any) is to be salvaged by the Contractor. Salvage shall be delivered, unloaded, and stored by the Contractor as directed by Owner at the Facilities Maintenance Yard at 405 Oak Avenue, Carlsbad, CA 92008. All other equipment and materials removed shall be considered waste and disposed of by the Contractor. 14. Sequence and Scope of Work A. Introduction Project Work includes the following major components: submission of engineered drawings and calculations to the Building Department. Obtain a building permit. Demolition of portions of the existing structure including portions of the concrete slabs (If needed to install mezzanine), and electrical materials required to be removed, installation of the pre-fabricated mezzanine system and restoration of the site surrounding the construction to its original condition. A detailed sequence and scope of work for major project components is provided hereinafter. B. General 1) Prior to beginning construction, Contractor shall excavate, expose, and determine ("pothole") the exact location and depth of each and every potential interference including, but not limited to, all electrical utility conduits, irrigation system components or other underground utilities which have been located and marked by respective non member companies or utilities. 2) The Contractor shall perform demolition of portions of the existing facilities and salvage or dispose of the building materials and appurtenances as directed by the owner. 3) The Contractor shall saw cut and remove the existing concrete slabs to install footings for the mezzanine support columns (If required). The Contractor shall install all footings, reinforcement or other items. 4) The Contractor shall perform all necessary construction to install the pre- fabricated mezzanine system and all associated appurtenances. 5) The Contractor shall return the areas affected by construction to their original pre-construction condition. 6) Any proposed modifications to the Sequence and Scope of Work provided herein shall be submitted in writing to the Owner for approval. If approved, said modified Sequence of Work shall be implemented by the Contractor at no additional cost to the Owner. Any proposed modifications to the specified Sequence of Work shall reflect the necessary changes in all other project components. Revised 11/01/06 Contract No. FAC 08-01 Page 103 of 114 Pages 15. Location of Equipment and Ambient Environmental Conditions All equipment shall be designed to operate at the project site, which is located in an indoor storage building that is not equipped with a ventilation system. The project site is at an elevation approximately 100' above mean sea level. Maximum design ambient temperature shall be 140°F and minimum design ambient temperature shall be 0°F. Relative humidity may range from 10% to 95%. Equipment shall be designed to prevent damage which could be caused by high or low ambient temperature within the specified range, freezing, dust in the air, winds of up to 70 mph, and wet weather conditions. Equipment shall be specifically designed to function satisfactorily under said conditions. All electrical equipment shall be suitably sealed. 16. Specified Model Numbers Any model numbers used herein are provided for information only, to assist Contractor in selecting equipment that conforms to specifications. In case of any conflict between model numbers given herein and the descriptive specifications or performance specified, the descriptive specifications and performance specified shall govern. Due to limited vertical clearances, a mezzanine system consisting of a Beam and Beam girder system is required. System Manufacturer: Wildeck, Inc., 405 Commerce St., Waukesha, Wl 53186, (or an approved equal.) 17. Inspection Fees Contractor shall bear all costs and fees incurred as a result of inspection services furnished by utilities or others. In the event the Contractor requests to work outside the stated working hours, or on holidays, Saturdays, or Sundays, and the Owner agrees to same, the Contractor shall pay for the Inspector's time at the rate of $100.00 per hour. Inspection by the Building Official will not be available after hours or on weekends or holidays. 18. Compliance With Contract Documents Contractor shall comply with all instructions of Owner to insure compliance with the Contract Documents, including timely completion of work each day, work site clean-up, control of traffic, and placement of signs. If Contractor does not comply with the Contract Documents, then Owner shall provide the required labor, materials, and equipment to perform same and shall deduct the cost from monies otherwise due under the Contract. 19. Geological Conditions at Work Site Contractor shall, satisfy himself with regard to all geologic conditions which may affect Contract Work. Personal investigation by Contractor is mandatory. Contractor may perform excavations on site prior to bid opening. Contact the Owner to arrange for access to site. Neither the information contained in the drawings, or from Owner, his agents or employees shall act to relieve Contractor from any responsibility in fulfilling any and all of the terms and requirements specified herein. 20. Safety Requirement of Equipment Furnished by Contractor The equipment furnished by Contractor shall comply with the applicable requirements of the Safety Orders of the Division of Industrial Safety of the State of California. Copies of the Safety Orders as available at the Printing Division, Documents Section, State of California, Sacramento, California 95814. Revised 11 /01 /06 Contract No. FAC 08-01 Page 104 of 114 Pages CONTRACTOR SUBMITTALS PART 1 - GENERAL 1.01 Description This Section covers requirements for submittals and forms a part of all other Sections in which submittals are specified or required. A. Submittal Requirements Included in this Section 1. Contractor's Construction Schedule 2. Shop Drawings 3. Material Samples, Including Color Samples for Paint, Roofing Materials etc. 4. Operation and Maintenance Manuals 5. Requests for Substitutions or Equals 6. Record Drawings 1.02 Progress Schedule A. Within thirty (30) days of Notice of Award, Contractor shall submit a Construction Schedule for construction progress control, prepared on 11 inch x 17 inch charts. All construction activities and procurement shall be indicated in a time scaled format and a calendar shall be shown on all sheets along the entire sheet length. Each activity arrow or node shall be plotted so that the beginning and ending dates of said activity can be determined graphically by comparison with the calendar scale. B. The duration estimate indicated for each activity shall be computed in working days and shall be shown on the construction schedule in calendar days. It shall represent the single best estimate considering the scope of the work and resources planned for the activity. Except for certain non-labor activities, such as curing concrete or delivering materials, activity duration shall not exceed ten (10) working days (fourteen (14) calendar days), nor be less than one (1) working day unless otherwise accepted by Owner. Contractor shall modify any portions of the construction schedule that become infeasible due to activities behind schedule or for any other valid reason. Any activity that cannot be completed by its original latest completion date shall be deemed to be behind schedule. 1.03 Shop Drawing Submittal A. Unless otherwise specified in the Contract Documents, Contractor shall furnish for all equipment and materials to be furnished and installed for the project at least six (6) copies of each shop drawing for Owner's review and approval. Four (4) copies will be retained for Owner's use, and two (2) copies will be returned to Contractor. The term "Shop Drawings" as used herein shall be understood to include all data covering all equipment, equipment components, fabricated materials, and furnished materials. Revised 11/01/06 Contract No. FAC 08-01 Page 105 of 114 Pages Data shall include, but shall not be limited to, design calculations, equipment drawings, fabrication and installation drawings, erection drawings, mix designs, operating instructions, catalog sheets, data sheets, lists, graphs, and similar items. Data shall demonstrate compliance with the Contract Documents. Contractor shall submit shop drawings in a timely manner. Contractor shall allow a reasonable period for Owner's review and approval of shop drawings. Contractor shall be responsible for any project delays resulting from late submittal of initial shop drawings or re-submittal of corrected or revised shop drawings. B. Method of Submittal Contractor shall deliver shop drawings submittals by means of dated, signed, and sequence numbered transmittals on Contractor's letterhead. Contractor shall clearly describe the submittal contents, identifying whether initial or subsequent submittals and stating the drawing numbers and specification sections, articles, and paragraphs to which the shop drawings pertain. All data sheets, catalog cuts, or drawings showing more than the particular item under consideration shall be marked to delete all but the applicable information. Contractor shall comply with Section 2-5.3.3 of the Special Provisions for acceptable form of Submittals. C. Deviations or Exceptions from Contract Documents Where proposed equipment or materials, equipment components, equipment functions, or equipment operations deviate from the specifications and whenever ex- ceptions to the specifications are taken, it shall be clearly noted on the shop drawing submittals. Deviations shall include references to the specific sections, parts, and paragraphs or drawing numbers and notes for which the deviations or exceptions are made. D. Contractor's Review All shop drawing submittals shall be carefully reviewed by Contractor prior to submission to Owner. Contractor shall indicate by a signed and dated stamp on the submittal that Contractor has checked the shop drawings as being correct and in strict conformance with the Contract Documents. Shop drawings not so reviewed by Contractor may be returned without action taken by Owner, and any delays caused thereby shall be the responsibility of the Contractor. E. Owner's Review 1. Owner's review of the shop drawings submitted by Contractor will cover only general conformity to the Contract Documents. The review of shop drawings shall not relieve Contractor of full responsibility for any deviation from the requirements of the Contract Documents. As specified above, deviations or exceptions to the Contract Documents shall be clearly indicated on the shop drawings. Contractor shall be responsible for any errors or omissions in the shop drawings or for the accuracy of dimensions, quantities, and the design of adequate connections and details. 2. Unless specified elsewhere, Owner will return two (2) sets of shop drawing submittals to Contractor with his comments noted thereon, within fifteen (15) working days following their receipt by Owner. It is expected that Contractor shall prepare his submittals in such a manner that he is able to obtain a complete and acceptable submittal by the second submission. Owner reserves the right to deduct monies from the amounts due to Contractor to cover the cost of the Owner's review beyond the second submission. Revised 11/01/06 Contract No. FAC 08-01 Page 106 of 114 Pages F. Corrections and Resubmittals Contractor shall make all required corrections and shall resubmit the required number of corrected shop drawings until found in general conformance with the Contract Documents and design concept of the project. No work that requires shop drawing submittals shall be purchased or commenced until the pertinent shop drawings have been submitted, reviewed, and approved. 1.04 Material Samples Submitted A. General Whenever in the Contract Documents material samples are required, Contractor shall submit to Owner not less than two (2) samples of each such item for review and approval, all at no additional cost to Owner. Upon receiving approval by Owner, one (1) set of the samples will be stamped and dated by Owner and returned to Contractor, and one (1) set of samples shall remain at the job site until completion of the work. Revised 11/01/06 Contract No. FAC 08-01 Page 107 of 114 Pages BASIC STRUCTURAL STEEL AND MISCELLANEOUS METAL WORK SPECIFICATIONS PART 1 - GENERAL 1.01 General Requirements Contractor shall furnish all labor, equipment, and material and perform all operations necessary for fabrication, construction, and installation of structural and miscellaneous metal specified. Where miscellaneous metal and equipment items are required to fit spaces previously constructed, measurements for the fabrication of such items shall be made at the site so that items fit as required. Standard commercial products which meet general requirements, and vary only in nonessential detail, will be acceptable, subject to Owner's approval. All work shall be executed and finished in accordance with approved shop drawings and conform with the best practice required to produce the highest grade construction. Contractor shall be solely responsible for errors of fabrication and correct fitting of structural members shown on the shop drawings. 1.02 Quality Assurance Unless otherwise specified, all work specified in the Contract Documents shall comply with requirements of the following specifications and codes: A. Steel Work Fabrication and erection of structural steel shall be in accordance with AISC "Specification for the Design, Fabrication, and Erection of Structural Steel for Buildings," and "Code of Standard Practice for Steel Buildings and Bridges", latest editions. B. Aluminum Work Fabrication and erection of aluminum shall be in accordance with the applicable requirements of Chapter 28 of the Uniform Building Code, latest edition, and herein referenced standards of the Aluminum Association. C. Welding Inspection All welding of structural steel assemblies shall be performed under continuous inspection of a "Special Inspector" selected by the Owner. Should such fabrication be performed in the shop of a licensed fabricator approved by the governing Building Official, only the field welding of structural steel assemblies will be required to be performed under continuous inspection of the "Special Inspector". Contractor shall notify inspector at least 24 hours in advance of needed inspections. Contractor shall provide copies of Inspection Reports for Owner. Revised 11/01/06 Contract No. FAC 08-01 Page 108 of 114 Pages 1.03 Submittals A. Shop Drawings Contractor shall submit shop drawings for approval before fabrication of any of the work. Shop drawings shall show complete fabrication details with material lists, including all welds, fabrication and finish details, and shop painting. In approved shop drawings, the Owner does not assume responsibility for accuracy of the work relative to other components as constructed. Also refer to applicable requirements hereafter specified in paragraph "Substitutions". All dimensions shall be field verified by the Contractor prior to fabrication. B. Test Reports Contractor shall furnish notarized certified physical and chemical mill test reports for material used for major structural members. All tests shall be performed in accordance with applicable ASTM Standards. C. Shop Painting Data In coordinated manner with requirements for Painting and Protective Coatings, Contractor shall submit product list with product data sheets of intended shop coats which, for compatibility, shall be the same products and manufacturer as those field- applied systems specified in the Basic Painting Specifications. PART 2 - PRODUCTS 2.01 Materials - General Materials shall be new, sound, and shall comply with the following: A. Steel Rolled shapes, plates, and bars shall conform to AISC "Manual of Steel Construction" and ASTM Specification A-36, latest editions. 1. Stainless Steel Unless otherwise designated or approved, Contractor shall use Type 316 stainless steel alloy conforming to ASTM A-167 and ASTM A-276, latest editions, for plates and bars. 2. Steel Pipe Material shall conform to ASTM A-53, Grade B seamless galvanized as required, Schedule 40. B. Cast Iron Material shall conform to ASTM A-48, Class 30, except as specifically designated otherwise. Revised 11/01/06 Contract No. FAC 08-01 Page 109 of 114 Pages C. Ductile Iron Material shall conform to ASTM A-536 using grade 60-40-18 or better, except as specifically designated otherwise. D. Aluminum 1. All plate, pipe, and structural shapes shall be new and shall conform to ASTM B209 (Plate), B308 (Shapes), B429 (Pipe and Tubing), B211 (Bar Stock), and applicable Federal Specifications for 6061-T6 alloy, unless otherwise designated. 2. Aluminum pipe rail shall be of 6061-T6 alloy and be Schedule 40 or greater. 3. Alloys and tempers for various members where not otherwise designated, shall be as required for proper forming and fabrication to meet or exceed structural requirements, and shall be of alloys specially produced to best achieve specified color anodized finishes. Contractor shall provide supporting printed recommendations from parent aluminum producer. For sheet fabricated members Contractor shall use only homogenous aluminum products and no clad products. 4. Contingent upon alloys being welded, Contractor shall use only inert gas shielded arc or resistance welding process with filler alloys as specified in the UBC. Contractor shall not use any process requiring a welding flux. E. Common Bolts Except as otherwise designated or specified, bolts shall be standard commercial quality steel units conforming to ASTM A-307; galvanize where used with galvanized work. F. High Strength Bolts & Studs Except as otherwise designated or specified, bolts shall conform to ASTM A325; studs shall conform to ASTM A449; nuts shall conform to ASTM A194, 2H heavy hex; washers shall conform to ASTM F436. They shall be galvanized where specified or where used with galvanized steel. G. Stainless Steel Bolts Except as otherwise designated or specified, bolts, cap screws, and studs shall be Type 316L conforming to ASTM F-593; nuts shall conform to ASTM F-594. H. Deferred Bolting Devices (Noted D.B.D. or Expansion Anchor on Contract Drawings) Deferred bolting devices shall be used in lieu of anchor bolts only where specifically noted or detailed; they shall be installed in accordance with current I.C.B.O. Research Report Approval and shall consist of the following: 1. D.B.D. shall be Molly Parabolt Concrete Anchors, Phillips Wedge Anchors, Hilti Anchors, or approved equal. 2. D.B.D. shall not be used for anchorage of any vibrating machinery or equipment. Revised 11/01/06 Contract No. FAC 08-01 Page 110 of 114 Pages I. Galvanizing 1. Iron and Steel Galvanizing shall conform to ASTM A123, with minimum weight per square foot of 1 .25 ounces. 2. Ferrous Metal Hardware Items Galvanizing shall conform to A153, with average coating weight of 1.25 ounces per square foot. 3. Touch-Up Material for Galvanized Coatings Galvanized coatings marred or damaged during erection or fabrication shall be repaired by use of DRYGALV as manufactured by the American Solder and Flux Company, Galvalloy, Galvion, or equal, applied in accordance with the manufacturer's instructions. J. Welding Electrodes 1. Steel Electrodes Contractor shall use E70XXX rod for shielded metal arc welding conforming to AWS A5.1 or A5.5 and F7X-EXXX for submerged arc welding conforming to AWS A5.17. For steel alloys other than ASTM A-36 and A-53, Contractor shall use electrodes recommended in writing by AWS and by the parent steel manufacturer. 2. Aluminum Electrodes Contingent upon alloys being welded, Contractor shall use only inert gas shielded arc or resistant welding process with filler alloys conforming to U.B.C. Standard No. 28, Table 28-1 -C. Contractor shall not use any process requiring a welding flux. 3. Stainless Steel Electrodes Contractor shall weld stainless steel with electrodes and by techniques specified in pertinent AWS A5 Series Specification, and as recommended in Welded Austenitic Chromium-Nickel Stainless Steel Techniques and Properties as published by the International Nickel Company, Inc., New York, N.Y. K. Shop Prime Paint To assure compatibility with field-applied paint or coating systems, for ferrous metals other than stainless steel, galvanized steel, and cast iron, Contractor shall use same shop prime paint product and manufacturer as painting or protective coating system intended for field application specified in the Basic Painting Specifications. Contractor shall not shop prime portions of work immediately adjacent to intended field welds or portions intended for embedment in concrete. L. Storage of Materials Structural material, either plain or fabricated, shall be stored above ground upon platforms, skids, or other supports. Material shall be kept free from dirt, grease, and other foreign matter and shall be protected from corrosion. Revised 11/01/06 Contract No. FAC 08-01 Page 1 1 1 of 1 14 Pages PART 3 - EXECUTION 3.01 Fabrication A. Workmanship shall conform to AISC specifications, latest edition. Work shall conform to the Contract Documents and approved shop drawings. Work shall be performed by Fabricator approved by governing Code Authorities. Aluminum work shall conform to the applicable requirements of "Specifications for Aluminum Structures, Aluminum Construction Manual" of the Aluminum Association, latest edition. 1. Shop connections shall be welded or bolted unless otherwise indicated. 2. Insofar as possible, Contractor shall fit and assemble all work in shop, ready for erection. B. Members 1. All members shall be free from twists, kinks, buckles, or open joints. 2. All members, holes, and their spacing shall be so accurately made that, when assembled, the parts shall come together and bolt without distortion. 3. Parts assembled with bolts shall be in close contact, except where separators are required. Where unlike metals are in contact, Contractor shall insulate as necessary to prevent corrosion. 4. Bearing surfaces shall be planned to true beds. Abutting surfaces shall be closely fitted. Steel requiring accurate alignment shall be provided with slotted holes and/or washers for aligning the steel members. C. Welding 1. Welding in shop and field shall be done by operators who have previously been qualified by tests, as prescribed in the American Welding Society, "Standards Qualifications Procedure". All welds shall exhibit characteristics required by AWSD 1.0. 2. All welds shall be made with E70-XX classification mild or low-alloy steel covered arc-welding electrodes conforming to AWS A5.1 and A5.5 Specifications for filler metal, except as otherwise designated on Structural Drawings and except as otherwise recommended by AWS and AISC for welding high strength steel alloys other than ASTM A36 and A53 Steels. 3. All steel, before being fabricated, shall be thoroughly wire brushed, cleaned of all scale and rust, and thoroughly straightened by approved methods that will not injure the materials being used. Welding shall be continuous along the entire line of contact except where tack or intermittent welding is permitted by Engineer. Where exposed, welds shall be cleaned of flux and slag and ground smooth. 4. Welding of aluminum shall conform to the applicable requirements of Uniform Building Code, Chapter 28 and to the detail requirements of "Welding Aluminum" by the American Welding Society and the Aluminum Association. Revised 11/01/06 Contract No. FAC 08-01 Page 112 of 114 Pages 3.02 Erection A. Erection shall include the installation and erection of all steel referred to in this Basic Specification. Contractor shall verify correctness before starting erection. Erection shall be performed in accordance with the latest edition of AISC Code of Standard Practice. B. As erection progresses, Contractor shall securely bolt up all members to take care of all dead-load, wind, and erection stresses. C. Contractor shall not perform final bolting or welding until each portion of the structure has been properly aligned and plumbed. D. Contractor shall insure bolts are drawn up tight and threads set so that nuts cannot become loose. E. Damaged Members During erection, members which are bent, twisted, or damaged shall be straightened or replaced by Contractor as directed. If heating is required in straightening, heating shall be done in the presence of the inspector and a heating method shall be used which will ensure uniform temperature throughout the entire member. Members, which, in the opinion of the Owner, are damaged to an extent impairing their appearance, strength, or serviceability, shall be removed and replaced with new members by Contractor. F. Anchor Bolts and Anchors Anchor bolts and anchors shall be properly located and built into connection work in accordance with the Contract Documents. Bolts and anchors shall be preset by the use of templates or such other methods as may be required to locate the anchors and anchor bolts accurately. Embedded anchor bolts that are submerged in process water or sludge, or are in enclosed tanks or spaces exposed to process gas or moisture, shall be Type 316 stainless steel with nuts of the same material. To such stainless steel bolts Contractor shall apply a non-oxidizing lubricant grease before bolting using a molybdenum disulphide grease compound or a NO-OX-10 type compound. Specialty anchoring systems shall be as specified or shown on Construction Drawings. G. Substitutions Unless otherwise directed, the exact sections, shapes, thicknesses, sizes, weights, and the details of construction shown for the structural steelwork shall be furnished as specified in the Contract Documents; however, Contractor, because of his stock or shop practices, may suggest substitutes if the net section area is not thereby reduced, if the section properties are at least equivalent, and if the overall dimensions are not exceeded. All substitutions or other deviations from Contract Drawings and/or Specifications shall be specifically noted or "clouded" on the shop drawing submittals. Revised 11/01/06 Contract No. FAC 08-01 Page 113 of 114 Pages H. Flame Cutting Contractor shall not flame cut with a gas cutting torch in the field to correct fabrication errors on any major member in the structural framing. Contractor may flame-cut on minor members, when the member is not under stress, and then only following Owner's approval. i. Dissimilar Metals Contractor shall isolate aluminum from contact with dissimilar metals and materials, other than stainless steel, as follows: 1. Metals Contractor shall apply on contact surfaces a heavy brush coat of approved zinc chromate primer made with a synthetic resin vehicle, followed by two brush coats of approved aluminum metal and masonry paint or a heavy coat of approved alkali-resistant bituminous paint. Alternatively, Contractor may separate surfaces with a non-absorptive tape or gasket. 2. Masonry. Concrete, or Plaster Contractor shall apply a heavy brush coat of approved, alkali-resistant bituminous paint, or separate surfaces with non-absorptive tape or gasket. 3. Moisture-Absorbent Materials and Preservativelv Treated Wood Contractor shall paint such absorbent materials with two coats of approved aluminum house paint and protect aluminum contact surfaces with bituminous paint. END OF SECTION. Revised 11/01/06 Contract No. FAC 08-01 Page 114 of 114 Pages SECTION 13/GUIDE SPECIFICATIONS FOR WILDECK BEAM & BEAM MEZZANINE SYSTEM PART 1 - GENERAL 1.01 RELATED WORK A. SECTION 03300: Concrete and Concrete Finishing 1. The area where a mezzanine is installed shall have a concrete slab that is troweled smooth and level. 2. Concrete areas where mezzanine column placement occurs shall be able to withstand loadings of 125 pounds spread over a 12" X 12"' X 1" steel base plate. 1.02 SYSTEM DESCRIPTION A. This document specifies a pre-engineered free-standing steel mezzanine consisting, in general, of columns, framing, decking, hardware, accessories and finish. The mezzanine shall not require cross bracing in any direction. 8. Design Criteria 1. System shall be designed for 125 PSF live load or as indicated on drawing. 2. System shall be designed for 8'-1" clear height and 9' top of deck. 1.03 REFERENCES A. AISC - Specification for the Design, Fabrication and Erection of Structural Steel for Buildings. B. ASTM A36 or A992/572 Grade 50- Structural Steel. C. ASTM A307 - Carbon Steel Externally Threaded Standard Fasteners. D. ASTM A325 - High Strength Bolts for Structural Steel Joints. E. ASTM A653 - Steel Sheet, Zinc-Coated (Galvanized) or Zinc-Iron Alloy-Coated (Galvannealed) by the Hot Dip Process. F. ASTM A500 - Cold-Formed Welded and Seamless Carbon Steel Hollow structural sections. G. ASTM A1008- Specifications for Steel, Cold-Rolled, Carbon, Structural. H. AWS D1.1 -Structural Welding Code. I. NAAMM - Metal Bar-Grating Manual. 1.04 QUALITY ASSURANCE A. System Manufacturer Established firm with a minimum of 5 (five) years experience in the design and fabrication of steel mezzanine systems. B. System Design: Under direct supervision of a Professional Engineer experienced in the design of mezzanines and in accordance with AISC specifications, and where applicable AISI specifications. C. All welding performed by the mezzanine supplier shall be made by Certified welders. D. Installation contractor shall be a firm experienced installing mezzanine systems of similar size and magnitude, and approved by the manufacturer. E. Regulatory Requirements: System(handrails, kick plate, stairways, etc.) shall conform to OSHA requirements (If applicable code exceeds OSHA requirements, specify here). 1.05 SUBMIT ALS A. Submit three (3) brochures of manufacturers' product data. B. Submit approval drawings showing size and height of mezzanine; type of decking; length and number of framing members; column location; orientation of base plates; and location and type of accessories. C. Submit manufacturers' installation and erection manual. 1.06 WARRANTY A. The supplier shall warrant the mezzanine materials to be free from manufacturing defects for a period of 25 years from date of substantial completion with certified installation. B. Warranty does not cover damage caused by conditions beyond the control of the supplier or installer such as faulty construction of the building, ordinary wear and tear, fire, water or chemical action, separation of concrete slab or settling of walls. PART 2 - PRODUCTS 2.01 APPROVED MANUFACTURERS A. System Manufacturer: Wildeck Mezzanines, Inc., 405 Commerce St., Waukesha, Wl 53186, or an approved equal. 2.02 MATERIALS A. Framing shall be wide flange structural steel beam; depth, width and thickness as shown on drawings, meeting the requirements of ASTM A36 or A992/572 Grade 50. B. Support columns shall be minimum 5" x 5" x 3/16" (square wall) structural steel tubing meeting the requirements of ASTM A500, Grade B, FY-46KSI. 1. Column base plates shall be minimum 12" x 12" x 3/14" steel meeting the requirements of ASTM A36. 2. Column base floor anchors shall be high tensile and shear strength steel; SAE Grade 5 or better, zinc plated, meeting the requirements of ASTM A325 type 3-B bolts. Anchors shall be 1/2" x 5", or 3/4" x 5", (other sizes available based on design), as indicated on drawings. C. Frame to frame fasteners shall be 1/2" x 1-1/2" and 3/4" x 2" high strength zinc plated steel bolts meeting the requirements for ASTM A325. D-1. Decking (Roof Deck & Moisture Resistant Resinboard) 1. Roof decking shall be 1-1/2" deep, 20 gauge steel, wide rib, meeting the requirements of ASTM A1008, Grade C, FY-33KSI and painted manufacturer's standard gray on top side with one (1) mil white paint on bottom side. a. Option (delete or specify above): Roof, decking shall be 1 -1/2" deep, 18 gauge galvanized steel, wide rib, meeting the requirements of ASTM A653, Grade A, FY-33KSI. 2. Roof deck fasteners shall be steel screws, 12-24 x 1-1/4", HWH T/5, cadmium plated. 3. Moisture Resistant Resinboard shall be 3/4" thick, tongue and groove on 2 long sides. a. Option (delete or modify above): Light, Medium, or High density resin impregnated particle board, factory sealed on minimum of one (1) side with gray color. 4. Plywood fasteners shall be steel screws 10-16 x 1-13/16", PFH T/3, cadmium plated. 5. Kick plates shall be 2-1/2" X 6-1/2" or 6-1/2" x 6-1/2", 14 gauge formed steel angle. E. Guardrail shall be steel (HSLA) tube, 1-1/2" O.D., ADA compliant horizontal rails with 2-1/2" x 2-1/2" x 1/8" HSS (Hollow structural section) uprights. Guardrail shall be attached directly to framing using 1/2" ASTM A325 bolts and externally attached so no usable square footage on mezzanine is lost. F. There shall be gate(s) as shown on drawing. Gates shall be either overhead safety or double-drop safety gates. (Alternate choices, where other perimeter guarding is in place are: swing, slide, lift-out or tilt-out gates.) G. Stairs 1. There shall be one stair system(s) as shown on drawings. The complete assembly shall include stairs, 36" wide; structural steel stringers meeting the requirements of ASTM A1011; (HSLA) 1-1/2" O.D. railing and all associated hardware. 2. Closed/Open stair systems shall have 12 gauge diamond plate steel with open risers. a. Option (delete or specify above): Closed stair systems shall have 12 gauge diamond plate steel treads and risers. 3. Stair Platform(s) (when required) shall be 48" x 48" and with 12 gauge diamond plate steel over 1-1/2" deep, 20 gauge, wide rib, roof deck. 4. Stair and stair platform floor anchors shall be 3/8" x 3" high tensile and shear strength steel, SAE Grade 5 or better, zinc plated, meeting the requirements of ASTM A325 Type 3-B bolts. H. Painting: The mezzanine components, painted by the mezzanine manufacturer, shall be cleaned and etched with a phosphoric acid rinse, dried and painted with a 2-part (electrostatically applied) polyurethane paint. The automated application system shall utilize a heat-assisted, air dry, cure process. Mezzanine shall be Wildeck gray. 2.03 FABRICATION A. Fabrication of materials will comply with dimensions, profiles, and gauges (thicknesses) shown on the approval drawings and, if not shown, will consist of the mezzanine manufacturer's standard products. PART 3 -EXECUTION 3.01 INSPECTION A. Inspect working areas to be sure concrete slab is cleaned of all debris so installers shall have adequate access to work surface. B. General Contractor/Owner shall advise the installation company of any embedded floor obstacles that may interfere with the installation of floor anchors. 3.02 PREPARATION A. Field Inspection 1. The mezzanine contractor or a manufacturer's technician shall make an inspection of the job site prior to preparation of approval drawings. 2. Field measurements shall be made at this time. Any obstructions not indicated on the construction drawings that may affect the design of the mezzanine shall be reported to the General contractor/Owner. 3.03 INSTALLATION A. Erection of the mezzanine and accessories shall be in accordance with the specifications and instructions contained in the erection manual and approved drawings provided by the manufacturer. B. Erector shall clean up all unused materials and debris and remove same from the premises. CONTRACT FAC 08-01 •Roil post cop IBC 2-roil system shown 3 or more ovoiloble if required by specific code 2 1/2" Squore tube upright 1 1/2" 00 Tube 4" High Steel kick plate per OSHA Deck Ass'y • Joist ROOF DECK AND MOISTURE RESISTANT RESIN BOARD ROOF DECK AND FLOOR PLATE BAR GRATING Wide flange structural beam (girder) 1/2" or 3/4" dio. A325 bolts, nuts & washers 1/2" or dia. A325 bolts, nuts & washers HSS 5" x 5" x 3/16" column tube - or larger by design 1/2" or 3/4" dia. concrete anchor bolt (by design) 3/4" x 12" x 12" base plate - or larger by design SSSS//SS7S/SSSS//S//SSS////SSSSSS///////S//S//////SSS. BEAM AND BEAM MEZZANINE SYSTEM ©Wildeck, Inc. 2007 CONTRACT FAC 08-01 JBMS 0706 5?i!I i Sg DECK PLAN SCALE: I/41 . I V////////////////////S •*' /"/ / j'" •• •- '' s , ~7 ; fs rz ;/// '// ) D | r- U-i : \~ - LJ '// ,-• /////////,' ' / / / / / /^ / / S ; n n / • J* '. . T i— I .2* .?» 3 o -^ \ t ' •°~ i CO [ > •op. 1 to i «- n , / •'. i— a — a' i"i j ' i- /*LJ 4'-«- FLOURESCENT LIGHT— S IP FIXTURE WITH WIRE COVER TO\ MATCH EXISTING PROVIDE \. II WIRE IN CONDUIT TO SWITCH W/ \^ , ||p D^TIONSENBOR BY OTHERS 44 n / LOWER LEVEL REFLECTED CEILING PLAN SCALE: 1/4* • l'-0* FRAMING PLAN SCALE: 1/4' - !'- CHAIN LNC FENCE POST. 4' HIGH STEEL KICK PLATE PER OSHA. 3/4' RESN MOOD DECK SURFACE OVER STEEL ROOF DECK. I/I* OR 3/4' DIA. A3JB BOLTS, NUTS AND HASHERS. »• DEEP HIDE FLANGE BEAM. 1/2* DIA. A325 BOLTS, NUTS AND WASHERS. MSB 61 x 61 x 3/*1 COLUMN TUBE OR LARSER BY DESIGW. 1/2' OR 3/4' DIA CONCRETE ANCHOR BOLT. (BY DE8K9N; 3/4' x B1 x D1 BASE PLATE. BEAM < BEAM MEZZANINE SYSTEM <D DATt MUM. REVISION DESCRIPTION OA1E M1UL DATE INI11M. OTY APfDOVAl PRELIMINARY DRAWINGS REVIEWED BYi DATE CITY OF CARLSBAD ENGINEERING DEPARTMENT FIRESTATION 5 MEZZANINE APPROVED milAM PLUWIO), P.E. DEFUTY OTY mONCER PE 28171 OTKS 03/ll/Cg DATE CHKD BY:.RW>D BY: - PROJECT NO. FAC 08-01 || DRAWING NO. 4S4-8