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Independent Energy Solutions Inc; 2014-05-16; PWDB14-11PEM
RECORDED REQUESTED BY CITY OF CARLSBAD AND WHEN RECORDED PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 !P !VF DOC# 2015-0196628 llllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll Apr 23, 2015 03:22 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 Space above this line for Recorder's use. PARCELNO: ~N~/~A~------------ 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 January 31, 2015. 6. The name of the contractor for such work or improvement is Independent Energy Solutions, Inc. 7. The property on which said work or improvement was completed is in the City of Carlsbad, County of San Diego, State of California, and is described as follows: Project No. 39251, Alga Norte Park Solar PV. 8. The street address of said property is 6565 Alicante Road, in the City of Carlsbad 92009. VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Carlsbad, 1 ~00 Carlsbad Village Drive, Carlsbad, California, 92008; the City Council of said City on ~~ ] , 20 IS , accepted the above described work as completed and ordered at a Not1ce of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on ~ 9 , 20..L5., at Carlsbad, California. CITY OF CARLSBAD ~L~~ AB #21,912 Reso. No. 2015-078 City Clerk Word\Masters\Forms\Notice of Completion (City) 3/9/98 CITY OF CARLSBAD PROPERTY MANAGEMENT DEPARTMENT CIVIC PROJECTS CONTRACT CHANGE ORDER APPROVAL REQUEST FORM Project: Solar PV at Alga Norte Change Order No.: 1 CIP#: 39251 Finance Director ~ Public Works Director · 4 Municipal Prop. Manager Civic Projects Manager Reasons for change(s): There are two (2) items in this Change Order:\ 1. Revise column bases to include masonry "stacked" stone concrete abutments to match , the canopy in the playground at Alga Norte Park. This will occur at all columns supporting the solar PV shade structure. The abutment will be 24; square and 30" tall. The total cost for this change is $22,375.00. 2. This zero cost change order formally corrects the exact number and size of the solar PV array for the purpose of submitting the rebate offered from the California Solar Initiate. The exact number of modules used in this solar array is 728, not 720 as shown initially. For additional information see attached Prime Contract Change Order doc~:~ment. COST ACCOUNTING SUMMARY: Original contract amount....................................................... $ 975,064.00 Total amount this c/o............................................................ $ 22,375.00 Total amount of previous c/o's................................................ $ 0 Total c/o's to date................................................................ $ 22,375.00 New Contract Amount........................................................... $ 997,439.00 Total C/O's as o/o of original contract.. ....................................................... 2.29% Contingency monies encumbered........................................... $ Contingency increase........................................................... $ Contingency Subtotal............................................................ $ Total c/o's to date................................................................ $ Contingency Balance............................................................ $ Q:\PEM\Civic Projects\Forms\Civic Projects Change Order Approval Request Form\Created 12-24-12 50,000.00 0.00 50,000.00 23,375.00 27,625.00 • IES 1090 Joshua Way VIsta, CA 92081 Brad Fort, Project Mgr Independent Energy Solutions Solar Electric Engineering & Constructi<m Phone: Fax: Cell: Email: 760-752-9706 760-752-9758 760-330-1034 bfort@lndeneraysolutions.com CHANGE ORDER PROPOSAL #1 Date: 11/12/14 IES Job#: 14-004 Client: City of Carlsbad Alga Norte Comm. Park PV Project The undersigned proposes to furnish all material and necessary equipment and perform all labor necessary to complete the following work: 24" Square by 30" tall concrete abutments with stone veneer and sill cap at all column locations to match stone on park property already o For the Sum of Twenty Two Thousand Three Hundred and Seventy Five dollars ($22,375) Any alteration or deviation from the plans and specifications will be executed only upon written orders for same and will be added to or deducted from the sum quoted in this contract. All additional agreements must be in writing. The Contractor agrees to carry Workers' Compensation and Public liability Insurance and to pay all taxes on material and labor furnished under this contract as required by Federal laws and the laws of the State in which this work is performed. Respectfully submitted, Contractor: IES By: Brad Fort I of3 • IES 1090 Joshua Way Vista, CA 92081 Brad Fort, Project Mgr Independent Energy Solutions Solar Electric Engineering & Construction Phone: Fax: Cell: Email: 760-752-9706 760-752-9758 760-330-1034 bfort@indenergysolutions.com CHANGE ORDER PROPOSAL #1 Date: 11/12/14 IES Job#: 14-004 Client: City of Carlsbad Alga Norte Comm. Park PV Project The undersigned proposes to furnish all material and necessary equipment and perform all labor necessary to complete the following work: 24" Square by 30" tall concrete abutments with stone veneer and sill cap at all column locations to match stone on park property already o For the Sum of Twenty Two Thousand Three Hundred and Seventy Five dollars ($22,375) Any alteration or deviation from the plans and specifications will be executed only upon written orders for same and will be added to or deducted from the sum quoted in this contract. All additional agreements must be in writing. The Contractor agrees to carry Workers' Compensation and Public Liability Insurance and to pay all taxes on material and labor furnished under this contract as required by Federal laws and the laws of the State in which this work is performed. Respectfully submitted, Contractor: IES By: Brad Fort 1 of3 CHANGEPROPOSALCOSTSUMMARY Project: ANCP Date 11/12/14 Project 14-004 Customer Change Request# 1 1 Equipment 2 Material Description of Change $ $ 3 Subtotal 4 Sales Tax 9.25% 5 Warranty at 2.50% 6 Subtotal Material 7 Freight/Delivery Charges 8 Material Return/Cancellatoin Costs 9 Equipment Rental/Gas & Oil 10 Other Direct Costs 11 Subtotal Direct Job Expenses 12 Labor hrs 13 Labor Foreman hrs 14 Travel hrs 15 Payroll Tax and Insurance 16 Total Direct Labor 17 Tool Replacement@ 8% of line 16 18 Safety Supplies@ 5% of line 16 19 Subtotal Labor 20 Total Prime Cost 21 Overhead 15% 22 Sub Cost (plain vs. stone) 24 Profit 10% 25 Total Cost & Profit Before Other Cost 26 Insurance (1.28% of Revenue) 27 Bonds, Performance & Payment 28 Total Price of Change Proposal rate rate rate 2 of3 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 19,600.00 1,960.00 275.97 539.00 $ $ $ $ $ 19,600.00 $ 21,560.00 $ 22,375 r You are hereby authorized to furnish all material, equipment and labor required to complete the work described in the above proposal, for which the undersigned agrees to pay the amount stated in said proposal and according to the terms thereof. SUBMITTED BY: Brad Fort Date: 11/12/2014 APPROVED BY-----------Date: ______ _ 3 of3 • IES 1090 Joshua Way Vista, CA 92081 Brad Fort, Project Mgr Date: 11/12/14 Independent Energy Solutions Solar Electric Engineering & Construction Phone: Fax: Cell: Email: 760-752-9706 760-752-9758 760-330-1034 bfort@indenergysolutions.com CHANGE ORDER PROPOSAL #2 IES Job#: 14-004 Client: City of Carlsbad Alga Norte Comm. Park PV Project The undersigned proposes to furnish all material and necessary equipment and perform all labor necessary to complete the following work: Change the number ofSunPower SPR-X21-345-COM modules from 720 to 728. Change the 10 SMA Tripower 20000TL-US-10 277/480 3 phase string inverters to 8 SMA Tripower 24000TL-US-10 277/480 3 phase string inverters and 2 SMA Tripower 15000TL-US-10 277/480 3 phase string inverters o For the Sum of Zero dollars ($0) Any alteration or deviation from the plans and specifications will be executed only upon written orders for same and will be added to or deducted from the sum quoted in this contract. All additional agreements must be in writing. The Contractor agrees to carry Workers' Compensation and Public Liability Insurance and to pay all taxes on material and labor furnished under this contract as required by Federal laws and the laws of the State in which this work is performed. Respectfully submitted, Contractor: IES By: Brad Fort 1 of3 CHANGEPROPOSALCOSTSUMMARY Project: ANCP Date 5/14/14 Project 14-004 Customer Change Request# 2 Description of Change 1 Equipment $ 2 Material $ 3 Subtotal $ 4 Sales Tax 9.25% $ 5 Warranty at 2.50% $ 6 Subtotal Material 7 FreighUDelivery Charges $ 8 Material Return/Cancellatoin Costs $ 9 Equipment Rental/Gas & Oil $ 1 0 Other Direct Costs $ 11 Subtotal Direct Job Expenses 12 Labor hrs rate $ 13 Labor Foreman hrs rate $ 14 Travel hrs rate $ 15 Payroll Tax and Insurance $ 16 Total Direct Labor $ 17 Tool Replacement @ 8% of line 16 $ 18 Safety Supplies @ 5% of line 16 $ 19 Subtotal Labor 20 Total Prime Cost 21 Overhead 15% $ 22 Sub Cost (plain vs. stone) 24 Profit 10% $ 25 Total Cost & Profit Before Other Cost 26 Insurance (1.28% of Revenue) $ 27 Bonds, Performance & Payment $ 28 Total Price of Change Proposal 2 of3 $ $ $ $ $ $ You are hereby authorized to furnish all material, equipment and labor required to complete the work describe din the above proposal, for which the undersigned agrees to pay the amount stated in said proposal and according to the terms thereof. SUBMITTED BY: Brad Fort Date: 11/12/2014 APPROVED BY ___________ Date: ______ _ 3 of3 c ~~ CITY OF ~CARLSBAD CALif-ORNIA AGREEMENT Alga Norte Community Park Solar PV Project Project No. 38372 THIS AGREEMe.IT is made as of the { /fi'tday of 1'4<.6, 20{../ltl, between THE City of Carlsbad (the "City"), J whose address for notices is: The City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92010 and Design Builder: Independent Energy Solutions, Inc. (IES) whose address for notices is: 1090 Joshua Way Vista, CA 92081 for the Project: Alga Norte Community Park Solar PV City's Responsible Administrator: Steven Sarkozy City Manager City's Representative is: Joe Garuba or his Designee Municipal :'.v;.. .... s Manager whose address for notices is: 405 Oak Carlsbad, CA 92008 The City and Design Builder hereby agree as follows: ARTICLE 1 WORK Design Builder shall provide all work required by the Contract Documents (the "Work"). Design Builder agrees to do additional Work arising from changes ordered by the City pursuant to Article 7 of the General Conditions. The Work win be perfonned in Phases identified as follows: Phase 1 -Preliminary Design Phase 2 -Construction Documents Phase 3 -Construction ARTICLE 2 OPTIONS The City may exercise its option for performance of the Work under Phases 2 and 3 by providing a written Notice to Proceed to the Design Builder for performance under either or both of the Phases. The Option for Phase 3 may be exercised not later than 30 days after the expiration of Phase 2 Time or the acceptance by the City of the Construction Documents under Phase 2, whichever is later. If Design Builder has DATE, 2013 Agreement 1 <<~, CITY OF ~CARLSBAD CAL!!ORf\J!A Alga Norte Community Park Solar PV Project Project No. 38372 complied with all other tenns of the Contract and the City fails to exercise its Option for Phase 3 by such calculated date, the Design Builder agrees that a time extension will be its sole and complete remedy for any damage or loss incurred as a result of the delay in exercising said Option for Phase 3. The City's "OPTIONS" rights under this Article 2 are independent of the "Tennination for Convenience" rights as set forth in Article 13, section 13.4 of the General Conditions. The City retains the right to tenninate this Contract for convenience at any time in accordance with Article 13 of the General Conditions. ARTICLE 3 CONTRACT DOCUMENTS "Contract Documents" means the Advertisement For Design Eklilder Prequalification, Request for Proposals, Pricing Proposal Form, Proposal Evaluation Process, Project Directory, Preliminary Schedule, Bid Bond, Design Builder's Proposa~ Notice of Selection As Apparent Best Value Proposal, this Agreement, General Conditions, Supplementary Conditions, , CAD and ElM Standards, City Standards and Design Criteria, Scope of Work, General Requirements (Division 01), Specifications (Divisions 02-33), Design Professional Rate Schedule for Additional Services, City Furnished Information, Standard Contract Forms (Exhibits), Ust of Drawings, Project Drawings, Addenda, Notice to Proceed, Change Orders, Notice of Completion, and all other documents identified in this Agreement that together form the contract between the City and Design Eklilder for the Work (the "Contract"). The Contract constitutes the complete agreement between the City and Design Builder and supersedes any previous agreements or understandings. ARTICLE 4 CONTRACT SUM Subject to the provisions of the Contract Documents the City shall pay to Design Builder, for the performance of the Work, $975,064, the "Contract Sum" (See 1.1.21 of the General Conditions), for Phases 2 and 3. ARTICLE 5 CONTRACT TIME The time allowed for the completion of Phase 1 shall be as follows: Phase 1 -60 days The time allowed for the completion of Phase 2 shall be as follows: Phase 2 -Design Eklilder shall commence the Work for Phase 2 on the date specified in the Notice to Proceed for Phase 2 and fully complete the Work within 90 days, the "Phase 2 Time." The time allowed for the completion of Phase 3 shall be as follows: Phase 3 -The Design Eklilder shall commence the Work for Phase 3 on the date specified in the Construction Notice to Proceed for Phase 3 and fully complete the Work for Phase 3 within 150 days, the "Phase 3 Time." If the City exercises its Option for Phase 3, the Phase 3 Time will be added to the Contract Time for completion of Phase 2, plus any days between the completion of Phase 2 and the DATE, 2013 Agreement 2 ~ « ~fl)' C I T Y 0 F ~CARLSBAD Alga Norte Community Park Solar PV Project Project No. 38372 exercise of the Option for Phase 3 to establish a revised Contract Time for completion of all Phases. In the event that the Option for Phase 3 is exercised prior to the completion of Phase 2, the revised Contract Time will be the combined number of days of Phase 2 and Phase 3. By signing this agreement, Design Builder represents to the City that i) the Phase 1 Time, Phase 2 Time, and Phase 3 Time are reasonable for completion of the Work of the respective Phase; ii) the Contract Time (as defined above) is reasonable for completion of the Work of all the Phases; and iiij Design Builder will complete the Work within the Contract Time. ARTICLE 6 UQUIDATB> DAMAGES If Design Builder fails to complete the Work for Phase 2 within the Contract Time and the City has not exercised its option for Phase 3, Design Eklilder shall pay to the City, as liquidated damages and not as a penalty, the amount indicated below as "Liquidated damages daily rate for Phase 2" for each day after expiration of Contract Time that Work for Phase 2 remains incomplete. If the City has exercised its option for Phase 3 and Design Builder fails to complete the Work for Phase 3 within the Contract Time, Design Builder shaH pay to the City, as liquidated damages and not as a penalty, the applicable amount(s) indicated below as "Liquidated damage daily rate for Phase 3" for each day after the expiration of the Contract Time that the Work remains incomplete. After Substantial Completion, the liquidated damages daily rate for Phase 3 shall be reduced to the sum indicated below. The City and Design Builder agree that if the Work is not completed within the Contract Time, the city•s damages would be extremely difficult or impracticable to detennine and that said amounts indicated below are reasonable estimates of and reasonable sums for such damages. The City may deduct any liquidated damages due from Design Builder from any amounts otherwise due to Design Builder under the Contract Documents. This provision shall not limit any right or remedy of the City in the event of any other default of Design Builder other than failing to complete the Work within the Contract Time. Uquidated damages daily rate for Phase 1 -$ 500.00 Uquidated damages daily rate for Phase 2 -$ 500.00 (on or before Substantial Completion) Uquidated damages daily rate for Phase 3 -$ 500.00 (after Substantial Completion) ARTICLE 7 COMPENSABLE DB..AY If Design Builder is entitled to an increase in the Contract Sum as a result of a Compensable Delay, detennined pursuant to Articles 7 and 8 of the General Conditions, the Contract Sum will be increased by the sum indicated below per day for each day for which such compensation is payable. This Article 7 will apply only if the City exercises its Option for the applicable Phase and only to the extent that Design Builder fulfills requisites proving entitlement to Compensable Delay. Compensable delay daily rate for Phase 3 -$ 0 DATE, 2013 Agreement 3 «~·' C I T Y 0 F ~CARLSBAD (AllfOI{NiA ARTICLE 8 ASSIGNMENT Alga Norte Community Park Solar PV Project Project No. 38372 If this Agreement is tenninated prior to the exercise of the City's Option for Alase 3, the Design Builder shall execute an assignment to the City of all contracts with Design Professionals for work to be performed on Alase 2. ARTICLE 9 DUE AUTHORIZATION The person or persons signing this Agreement on behalf of Design Builder hereby represent and warrant to the City that this Agreement is duly authorized, signed, and delivered by Design Builder. ARTICLE 10 DESIGN BUILDER'S COVENANTS AND RBJRESENTATIONS Without superseding, limiting, or restricting any other representation or warranty set forth elsewhere in the Contract Documents, or implied by operation of law, the Design Builder makes the following covenants and representations to the City: 1 0.1 Design Builder and all of its Design Professionals and subcontractors are properly certificated, licensed and qualified to perfonn the Work required by the Contract Documents. 10.2 Design Builder accepts the relationship of trust and confidence with the City established by the Contract Documents. Design Builder will cooperate with the City. 1 0.3 Design Builder and its Design Professionals have carefully examined the site of the Project and the adjacent areas, have suitably investigated the nature and location of the Construction Work and have satisfied themselves as to the general and local conditions which wil be applicable, inclucing but not limited to: (1) conditions related to site access and to the transportation, disposal, handling and storage of materials; (2) the availability of labor, water, power and roads; (3) nonnal weather conditions; (4) observable physical conditions at the site and existing site conditions including: size, utility capacities and connection options of external utilities; (5) the surface conditions of the ground and (6) the character and availability of the equipment and facilities which will be needed prior to and during the performance of Construction Work. 10.4 Design Builder and its Design Professionals have suitably reviewed the site survey, record documents, seismic data, preliminary geotechnical and other test reports, environmental documents and any other documentation furnished by the City in the Contract Documents. 10.5 Design Builder and its Design Professionals have carefully reviewed the following Contract Documents to the Design Build Contract: (1) Scope of Work (including Applicable Codes, Rules and Regulations, Energy Requirements, and all other project requirements); (2) the Specifications; and (3) Drawings. Design Builder acknowledges that these Contract Documents establish the scope, level of quality, design intent and the procedures for the development of the design to a state of 1 00% completion. DATE, 2013 Agreement 4 <<~· CITY OF ~CARLSBAD (AL!fORN!A Alga Norte Community Park Solar PV Project Project No. 38372 Design Builder agrees that (1) the Contract Documents depict and describe a design for the Project which is partially complete and may vary in degree of completion from 5% to 95% depending on the particular or specific part of the Project; (2) it will manage, coordinate and fully complete the design; (3) Design Builder will cause its Design Professionals to describe and depict the final design for the Project, as approved by the City, in Construction Documents which will include all information required by the building trades to complete the construction (other than such details customarily developed by others during construction) and (4) it will manage and timely construct the Project in consideration for the City's payment of the Contract Sum. 10.6 Design Builder and its Design Professionals have reviewed the Preliminary Schedule attached to the Request for Proposals and agree that the design and construction tasks and milestones are reasonable and feasible, except as modif'led by Design Builder's Proposed Contract Schedule, approved by the City. Design Builder also agrees that time is of the essence for the performance of the Work. 1 0. 7 Design Builder agrees that all Construction Documents will be complete, coordinated, and accurate. 10.8 Design Builder agrees that all materials, equipment and furnishings incorporated into or used in the Construction Work will be of good quality, new (unless otherwise required or permitted by the Contract Documents) and free of liens, claims and security interests of third parties. If required by the City, Design Builder will furnish satisfactory evidence as to the kind and quality of the materials, equipment and furnishings. 10.9 Design Builder agrees that the Work will be of good quality, free of defects and will conform with the requirements of the Contract Documents. Work not conforming to the requirements of the Contract Documents, including substitutions in design or construction not specifically approved or authorized by the City in advance, may be considered defective. 1 0.1 0 Design Builder agrees to correct any error(s), omission(s), or deficiencies in the Contract Documents or Construction Documents at no additional cost to the City; however, this provision in no way limits the r~ability of Design Builder. DATE, 2013 Agreement 5 «~~ C lTV OF ~CARLSBAD C 1\ l l f-0 I{ N l A Alga Norte Community Park Solar PV Project Project No. 38372 THIS AGREEMENT is entered into by City and Design Builder as of the date set forth above. CITY: THE CITY OF CARLSBAD Matt Hall (Printed Name) MAYOR ATIEST DATE, 2013 6 DESIGN BUILDER Independent Energy Solutions. Inc (Name of Firm) Corporation (Type of Organization) ~-~......,-_A.___!Jln~.......,/'l ........ A...,....e/_ ~e) ~ Lrnda, 5fracd k7dm f (Printed Name and Title) President or vice-president and secretary or assistant secretary must sign for corporations. If only one office signs, the corporation must attach a resolution certified by the secretary or assistant secretary under the corporation seal empowering that officer to bind the corporation. Design Builder's California Contractor License(s): ~r/e,d-(;f§jSvWnoJ1iS j;vc_ (Name of Licensee) 0 t-ID 1051'57 (Classification and License Number) Agreement May 1, 2014 City of Carlsbad 1635 Faraday Ave Carlsbad, CA 92008 Re: Alga Norte Project Community Park Solar PV Project To Kevin Davis, I Linda Strand am the President and Secretary of Independent Energy Solutions, Inc and I am the sole officer responsible for making all the financial decisions for Independent Energy Solutions, Inc. Respectfully, ~Jh_J L;z ~t~~~~ President Confidentiality Notice: The information contained In this document and any attachments Is considered as confidential andfor privileged communication between Independent Energy Solutions, Inc. and the recipient. Independent Energy Solutions, Inc. -1090 Joshua Way, Vista, CA 92081 USA Phone: 760-752-9706-Fax: 760-752-9758 -Website: www.iQdeneti)'SOiutiQDs.c;om CA Contractor's License No. 805159 ~ « 'lo.~J'> C I T Y 0 F ~CARLSBAD CALtf-ORN!A DATE, 2013 BLANK PAGE 7 Alga Norte Community Park Solar PV Project Project No. 38372 Agreement May 1, 2014 City of Carlsbad 1635 Faraday Ave Carlsbad, CA 92008 Re: Alga Norte Project Community Park Solar PV Project To Kevin Davis, I Linda Strand am the President and Secretary of Independent Energy Solutions, Inc and I am the sole officer responsible for making all the financial decisions for Independent Energy Solutions, Inc. Respectfully, {~~-Jk~ Linda Strand President Confidentiality Notice: The information contained in this document and any attachments is considered as confidential and/or privileged communication between Independent Energy Solutions, Inc. and the recipient. Independent Energy Solutions, Inc. -1090 Joshua Way, Vista, CA 92081 USA Phone: 760-752-9706-Fax: 760-752-9758 -Website: www,inclene[IIJSolutions.com CA Contractor's License No. 805159 \, ~~ \\'• CITY OF ,~CARLSBAD Alga Norte Community Park Solar PV Contract No. 38372 GENERAL CONDITIONS TABLE OF CONTENTS Page RECITALS ................................................................................................................................................................................ 4 ARTICLE 1 GENERAL PROVISIONS 1.1 Basic Definitions ......................................................................................................................................................... 4 1.2 Ownership and Use of Contract Documents ............................................................................................................... 8 1.3 Interpretation .............................................................................................................................................................. 8 ARTICLE 2 CITY 2.1 Fee and Permit Requirements .................................................................................................................................... 9 2.2 Access to Project Site ................................................................................................................................................. 9 2.3 City's Right to Stop the Work .................................................................................................................................... 1 0 2.4 City's Right to Carry Out the Work ............................................................................................................................ 10 2.5 City's Right to Replace City's Representative ........................................................................................................... 10 ARTICLE3 DESIGN BUILDER 3.1 Review of Contract Documents and Field Conditions by Design Build Entity; Single Point Responsibility of Design Builder ...................................................................................................................................................................... 10 3.2 Supervision and Construction Procedures ................................................................................................................ 11 3.3 Labor and Materials .................................................................................................................................................. 11 3.4 Design Builder's Warranty ........................................................................................................................................ 12 3.5 Taxes ........................................................................................................................................................................ 12 3.6 Permits, Fees, and Notices ....................................................................................................................................... 12 3.7 Applicable Code Requirements ........ ~ ....................................................................................................................... 12 3.8 Superintendent ......................................................................................................................................................... 13 3.9 Toxic Materials .......................................................................................................................................................... 13 3.10 Hazardous Materials ................................................................................................................................................. 13 3.11 Construction Documents .......................................................................................................................................... 14 3.12 Monthly Reports ........................................................................................................................................................ 15 3.13 Other Reports ........................................................................................................................................................... 15 3.14 Notice of Labor Dispute ............................................................................................................................................ 16 3.15 Guarantee ................................................................................................................................................................. 16 3.16 Schedules Required of Design Build Entity .............................................................................................................. 16 3.17 As-Built Documents .................................................................................................................................................. 18 3.18 Documents and Samples at Project Site .................................................................................................................. 18 3.19 Shop Drawings, Product Data, and Samples ............................................................................................................ 18 3.20 Use of Site and Clean Up ......................................................................................................................................... 19 2.21 Project Site Maintenance .......................................................................................................................................... 19 3.22 Cutting, Fitting, and Patching .................................................................................................................................... 20 3.23 Access to Work ......................................................................................................................................................... 21 3.24 Royalties and Patents ............................................................................................................................................... 21 3.25 Differing Site Conditions ........................................................................................................................................... 21 3.26 Concealed, Unforeseen, or Unknown Conditions or Events ..................................................................................... 22 3.27 Information Available to Proposers ........................................................................................................................... 22 3.28 Liability for and Repair of Damaged Work ................................................................................................................ 22 2-15-12 Page 1 of 58 General Conditions c~: CITY OF CARLSBAD Alga Norte Community Park Solar PV Contract No. 38372 3.29 Indemnification .......................................................................................................................................................... 23 3.30 Street Closures and Barricades ................................................................................................................................ 24 3.31 Allowances/Contractor Controlled Contingency ........................................................................................................ 25 ARTICLE4 ADMINISTRATION OF THE CONTRACT 4.1 Administration of the Contract by City's Representative ........................................................................................... 25 4.2 Design Builder Change Order Requests ................................................................................................................... 26 4.3 Claims ....................................................................................................................................................................... 28 4.4 Assertion of Claims ................................................................................................................................................... 29 4.5 Decision of City's Representative on Claims ............................................................................................................ 30 4.6 Mediation (Not Used) ................................................................................................................................................ 30 4. 7 Arbitration ................................................................................................................................................................. 30 4.8 Waiver ...................................................................................................................................................................... 30 ARTICLE 5 SUBCONTRACTORS 5.1 Award of Subcontracts and Other Contracts for Portions of the Work ...................................................................... 31 5.2 Subcontractual Relations .......................................................................................................................................... 31 5.3 Contingent Assignment of Subcontracts ................................................................................................................... 32 ARTICLES CONSTRUCTION BY THE CITY OR BY SEPARATE CONTRACTORS 6.1 6.2 6.3 City's Right to Perform Construction and to Award Separate Contracts ................................................................... 32 Mutual Responsibility ................................................................................................................................................ 32 City's Right to Clean Up ............................................................................................................................................ 33 ARTICLE 7 CHANGES IN THE WORK 7.1 Changes ................................................................................................................................................................... 33 7.2 Changes Definitions .................................................................................................................................................. 33 7.3 Change Order Procedures ........................................................................................................................................ 33 7.4 Field Orders .............................................................................................................................................................. 37 7.5 Variation in Quantity of Unit Price Work .................................................................................................................... 37 7.6 Waiver ...................................................................................................................................................................... 37 ARTICLES CONTRACT TIME 8.1 Commencement of the Work .................................................................................................................................... 38 8.2 Progress and Completion ......................................................................................................................................... 38 8.3 Delay ........................................................................................................................................................................ 38 8.4 Adjustment of the Contract Time for Delay ............................................................................................................... 39 8.5 Compensation for Delay ........................................................................................................................................... 40 8.6 Waiver ...................................................................................................................................................................... 40 ARTICLE9 PAYMENTS AND COMPLETION 9.1 Cost Breakdown ....................................................................................................................................................... 40 9.2 Progress Payment .................................................................................................................................................... 41 9.3 Application For Payment. .......................................................................................................................................... 41 9.4 Certificate For Payment ............................................................................................................................................ 42 9.5 Deposit of Securities in Lieu of Retention and Deposit of Retention into Escrow ..................................................... 43 9.6 Beneficial Occupancy ............................................................................................................................................... 43 9.7 Substantial Completion ............................................................................................................................................. 44 9.8 Final Completion, Final Payment and Release of Retention ..................................................................................... 45 2-15-12 Page 2 of 58 General Conditions c '·~~ CITY OF ,~CARLSBAD ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY Alga Norte Community Park SolarPV Contract No. 38372 10.1 Safety Precautions and Programs ............................................................................................................................ 46 1 0.2 Safety of Persons and Property ................................................................................................................................ 46 10.3 Emergencies ............................................................................................................................................................. 46 ARTICLE 11 INSURANCE AND BONDS 11.1 Design Builder's Insurance ....................................................................................................................................... 46 11 .2 Builder's Risk Property Insurance ............................................................................................................................. 49 11.3 Performance Bond and Payment Bond .................................................................................................................... 50 ARTICLE 12 UNCOVERING AND CORRECTION OF WORK 12.1 Uncovering of Work .................................................................................................................................................. 50 12.2 Correction of Defective Work and Guarantee to Repair Period ................................................................................ 50 ARTICLE 13 TERMINATION OR SUSPENSION OF THE CONTRACT 13.1 Termination by Design Builder .................................................................................................................................. 51 13.2 Termination by the City for Cause ............................................................................................................................ 52 13.3 Suspension by the City for Convenience .................................................................................................................. 53 13.4 Termination by the City for Convenience .................................................................................................................. 53 ARTICLE 14 STATUTORY AND OTHER REQUIREMENTS 14.1 Nondiscrimination ..................................................................................................................................................... 54 14.2 Prevailing Wage Rates (Not Used) ........................................................................................................................... 56 14.3 Payroll Records (Not Used) ...................................................................................................................................... 56 14.4 Apprentices (Not Used) ............................................................................................................................................ 56 14.5 Construction Work Day ............................................................................................................................................. 56 ARTICLE 15 MISCELLANEOUS PROVISIONS 15.1 Governing Law .......................................................................................................................................................... 56 15.2 Successors and Assigns ........................................................................................................................................... 57 15.3 Rights and Remedies ............................................................................................................................................... 57 15.4 Survival ..................................................................................................................................................................... 57 15.5 Complete Agreement. ............................................................................................................................................... 57 15.6 Severability of Provisions .......................................................................................................................................... 57 15.7 City's Right to Audit .................................................................................................................................................. 57 15.8 Notices ...................................................................................................................................................................... 57 15.9 Time of the Essence ................................................................................................................................................. 58 15.10 Mutual Duty to Mitigate ............................................................................................................................................. 58 15.11 Design Builder's Awareness and Compliance with ADA Act of 1990 and Related Standards ................................ 58 2-15-12 Page 3 of 58 General Conditions c -~ ,,lo. CITY OF ·~CARLSBAD RECITALS Alga Norte Community Park Solar PV Contract No. 38372 The documents included in the Request for Proposals and the Design Build Entity's Proposal, incorporated herein, and designated as part of the Contract Documents are provided by the City to establish the scope, level of quality and design intent, and the reporting procedures for the development and construction of the entire Project. The Design Build Entity shall comply with the Contract Sum, the Contract Time, the Preliminary Schedule or approved Contract Schedule as applicable, the specifications, the building massing, building heights and setbacks, public spaces, landscape design, and the general architectural character of the project as described in the Contract Documents. By incorporating the Design Build Entity's Proposal as a part of this Contract, the City does NOT accept any provision of the Design Build Entity's Proposal that is not in conformance with the criteria of the Request for Proposals. In consideration of the mutual agreements, covenants and conditions set forth below, and the Recitals set forth above, the adequacy of which is hereby acknowledged, Design Build Entity and the City agree as follows: ARTICLE 1 GENERAL PROVISIONS 1.1 BASIC DEFINITIONS 1.1 .0 AGREEMENT The Agreement is supported by the General Conditions and is part of the Contract Documents. 1.1.1 APPLICABLE CODE REQUIREMENTS The term "Applicable Code Requirements" means all laws, statutes, the most recent building codes (as they were applied to secure a Building Permit from the City of Carlsbad), ordinances, rules, regulations, and lawful orders of all public authorities having jurisdiction over the City, Design Build Entity, any Subcontractor, the Project, the Project site, the Work, or the prosecution of the Work. 1.1.2 APPLICATION FOR PAYMENT The term "Application for Payment" means the submittal from Design Build Entity wherein payment for certain portions of the completed Work is requested in accordance with Article 9 of the General Conditions. 1.1.3 ARCHITECT OF RECORD The term "Architect of Record" means the Design Professional identified in the Supplementary Conditions that is licensed in the State of California and employed or commissioned by the Design Build Entity to prepare design documents and construction documents. 1.1.4 BENEFICIAL OCCUPANCY The term "Beneficial Occupancy" means the City's occupancy or use of any part of the Work in accordance with Article 9 of the General Conditions. 1.1.5 CEQA The term "CEQA" means the California Environmental Quality Act, Public Resources Code Section 21000 et seq. 1.1.6 CERTIFICATE FOR PAYMENT The term "Certificate for Payment" means the form signed by City's Representative attesting to the Design Build Entity's right to receive payment for certain completed portions of the Work in accordance with Article 9 of the General Conditions. 1.1.7 CERTIFICATE OF SUBSTANTIAL COMPLETION See Article 9.7 of the General Conditions. 1.1.8 CHANGE ORDER See Article 7.2 of the General Conditions. 1.1.9 CHANGE ORDER REQUEST The term "Change Order Request" means a proposal for a Change Order submitted by the Design Build Entity to the City, either at the request of the City, or at the Design Build Entity's own initiative. 1.1.10 CLAIM See Article 4.3 of the General Conditions. 2-15-12 Page 4 of 58 General Conditions ,,II' c -~ <;\.... Cl TV 0 f ,~CARLSBAD 1.1.11 COMPENSABLE DELAY Alga Norte Community Park SolarPV Contract No. 38372 The term "Compensable Delay" means a delay that entitles the Design Build Entity to an adjustment of the Contract Sum and an adjustment of the Contract Time pursuant to Articles 7 and 8 of the General Conditions. 1.1.12 CONSTRUCTION DOCUMENTS The term "Construction Documents" means the plans and specifications prepared by the Design Build Entity (see Article 1.1.27) for the Project, approved by the City. The Construction Documents shall set forth in detail all items necessary to complete the construction (other than such details customarily provided by others during construction) of the Project in accordance with the Contract Documents (subject to their completion following commencement of the Construction Phase). All amendments and modifications to the Plans and Specifications must be approved by the City in writing. 1.1.13 CONSTRUCTION DOCUMENTS PHASE (Phase 2) The term "Construction Documents Phase" means the period of time set forth in the Agreement beginning with the issuance of the Construction Documents Notice to Proceed. This is also referred to within the Contract Documents as "Phase 2" and the two terms may be used interchangeably. The scope of the Construction Documents Phase is further defined in the "Scope of Work". The term "Phase 2 Time" is defined in Article 5 of the Agreement. 1.1.14 CONSTRUCTION NOTICE TO PROCEED The term "Construction Notice to Proceed" means the written notice given by the City to the Design Build Entity advising that the Site is available to the Design Build Entity and directing the Design Build Entity to commence the Construction Phase of the Project. 1.1.15 CONSTRUCTION PHASE (Phase 3) The term "Construction Phase" means the period of time set forth in the Agreement beginning with the issuance of the Construction Notice to Proceed and ending on the date of Final Completion of the Project. This term is also referred to within the Contract Documents as "Phase 3" and the two terms may be used interchangeably. The scope of the Construction Phase is further defined in the "Scope of Work". The term "Phase 3 Time" is defined in Article 5 of the Agreement. 1.1.16 CONSTRUCTION WORK The term "Construction Work" means that portion of the Work consisting of the provision of labor, materials, furnishings, equipment and services in connection with the construction of the Project as set forth in the Contract Documents. 1.1.17 CONTRACT The term "Contract" shall have the meaning identified in Article 3 of the Agreement. 1.1.18 CONTRACT DOCUMENTS The term "Contract Documents" means all documents listed in Article 3 of the Agreement. 1.1.19 CONTRACT MILESTONE The term "Contract Milestone" means any requirement in the Contract Documents that reflects a planned point in time for the start or completion of a portion of the Work measured from i) the date of any of the Notices to Proceed or ii) the date of another Contract Milestone defined in the Contract Documents, as applicable. 1.1.20 CONTRACT SCHEDULE The term "Contract Schedule" means the graphical representation of a practical plan, in accordance with the Specifications, to perform and complete the Work within the Contract Time. The detailed requirements for the Contract Schedule are stated in Article 3 of the General Conditions. 1.1.21 CONTRACT SUM The term "Contract Sum" means the amount of compensation stated in the Agreement for the performance of the Work, as adjusted by Change Order. 1.1.22 CONTRACT TIME The term "Contract Time" means the number of days set forth in the Agreement within which Design Build Entity must achieve Final Completion of the Work, as adjusted by Change Order. 1.1.23 COST OF EXTRA WORK See Article 7.3 of the General Conditions. 2-15-12 Page 5 of 58 General Conditions ~ ,·(•• CITY OF ··~CARLSBAD 1.1.24 CRITERIA DOCUMENTS Alga Norte Community Park Solar PV Contract No. 38372 The term "Criteria Documents" means, but is not limited to, the portions of the Contract Documents which constitute an outline of design requirements, Scope of Work, Specifications and Drawings. 1.1.25 DAY The term "day; as used in the Contract Documents. shall mean calendar day, unless otherwise specifically provided. 1.1.26 DEFECTIVE WORK The term "Defective Work" means Work that is unsatisfactory, faulty, omitted, incomplete, deficient, or does not conform to the requirements of the Contract Documents, directives of City's Representative, or the requirements of any inspection, reference standard, test, or approval specified in the Contract Documents. 1.1.27 DESIGN BUILDER The term "Design Build Entity" means the person or firm identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. Design Builder and Design Build Entity are used interchangeably. 1.1.28 DESIGN BUILDER FEE See Article 7.3 of the General Conditions. 1.1.29 DESIGN DEVELOPMENT PHASE -NOT USED The term "Design Development Phase" shall mean the period of time set forth in the Agreement beginning with the issuance of the Notice to Proceed for Phase 1. This is also referred to within the Contract Documents as "Phase 1" and the two terms may be used interchangeably. The scope of the Design Development Phase is further defined in the "Scope of Work" Exhibit. The term "Phase 1 Time" is defined in Article 5 of the Agreement. 1.1.29.1 DESIGN BUILD ENTITY See Article 1 .1.27 1.1.30 DESIGN MATERIALS The term "Design Materials" shall mean any and all documents, shop drawings, electronic information, including computer programs and computer generated materials, data, plans, drawings, sketches, illustrations, specifications, descriptions, models and other information developed, prepared, furnished, delivered or required to be delivered by, or for, the Design Build Entity: (1) to the City under the Contract Documents; or (2) developed or prepared by or for the Design Build Entity specifically to discharge its duties under the Contract Documents. 1.1.31 DESIGN PROFESSIONAL The term "Design Professional" shall mean individuals or entities that will provide Design Build Entity with the required architectural, engineering, and other professional services required for the coordinated design of the Project and the administration of construction. 1.1.32 DESIGN WORK The term "Design Work" shall mean the portion of the Work consisting of the design services and design deliverables required to be provided in connection with the design of the Project as set forth in the Contract Documents. 1.1 .33 DRAWINGS The term "Drawings" means the graphic and pictorial portions of the Contract Documents showing the design, location, and dimensions of the Work, generally including plans, elevations, sections, details, schedules, and diagrams. The Drawings are listed in the List of Drawings. 1.1.34 EQUIPMENT MANUFACTURER The term "Equipment Manufacturer" shall mean any Separate Contractor that fabricates and/or supplies any City-provided equipment which is installed in the Project by the Design Build Entity. 1.1.35 EXCUSABLE DELAY The term "Excusable Delay" means a delay that entitles the Design Build Entity to an adjustment of the Contract Time but not an adjustment of the Contract Sum, pursuant to Articles 7 and 8 of the General Conditions. 1.1.36 EXTRA WORK The term "Extra Work" means Work beyond or in addition to the Work required by the Contract Documents. 2-15-12 Page 6 of 58 General Conditions <(~ CITY OF -~CARLSBAD 1.1.37 FIELD ORDER See Article 7.4 of the General Conditions. 1.1.38 FINAL COMPLETION Alga Norte Community Park Solar PV Contract No. 38372 The term "Final Completion" means the date at which the Work has been fully completed in accordance with the requirements of the Contract Documents pursuant to Article 9.8 of the General Conditions. 1.1.39 GUARANTEE TO REPAIR PERIOD See Article 12.2 of the General Conditions. 1.1.40 GOVERNMENTAL APPROVALS The term "Governmental Approvals" means those governmental (including the City) actions required to be obtained by the City and necessary for the completion of the Project. 1.1.41 HAZARDOUS MATERIAL The term "Hazardous Material" means any substance or material identified as hazardous under any California or federal statute governing handling, disposal and/or cleanup of any such substance or material. 1.1.42 INDEMNIFIED PARTIES The term "Indemnified Parties" means the City, its agents, officers, representatives, consultants, volunteers and employees. 1.1.41.1 LETTER OF DESIGN REVIEW See Article 3 .1.16 in the Scope of Work 1.1.41.2 NOTICE TO PROCEED See Article 1.1.13 and 1.1.14 1.1.43 TOTAL PROJECT COST The term "Total Project Cost" means the amount identified as such in the Request for Proposals. 1.1.44 OPTIONS See Article 2 of the Agreement. 1.1.44.1 PHASES See Articles 2 and 5 of the Agreement 1.1.45 PROJECT The term "Projecf' means the total design and construction of the Work under the Contract and all other work, labor, equipment and materials necessary to accomplish the Project . The Project may include design or construction work performed by City or by Separate Contractors. 1.1.46 SEPARATE CONTRACTOR The term "Separate Contractor" means a person, or firm, under separate contract with the City performing other work related to the Project. 1.1.47 SHOP DRAWINGS, PRODUCT DATA, AND SAMPLES See Article 3.19 of the General Conditions. 1.1.48 SPECIFICATIONS The term "Specifications" means that portion of the Contract Documents consisting of the written requirements for materials, equipment, construction systems, standards and workmanship for the Work, and performance of related services. 1.1.49 SUBCONTRACTOR The term "Subcontractor" means a person or firm that has a contract with Design Build Entity or with a Subcontractor of the Design Build Entity to perform a portion of the Work. Unless otherwise specifically provided, the term Subcontractor includes Subcontractors of all tiers. 1.1.50 SUBSTANTIAL COMPLETION See Article 9.7 of the General Conditions. 2-15-12 Page 7 of 58 General Conditions CITY OF CARLSBAD 1.1.51 SUPERINTENDENT Alga Norte Community Park Solar PV Contract No. 38372 The tenn "Superintendent" means the person designated by Design Build Entity to represent Design Build Entity at the Project site, in accordance with Article 3 of the General Conditions. 1.1.52 TIER The tenn "tier" means the contractual level of a Subcontractor or supplier or consultant with respect to Design Build Entity. For example, a first-tier Subcontractor is under subcontract with Design Build Entity, a second-tier Subcontractor is under subcontract with a first-tier Subcontractor, and so forth. 1.1.53 INEXCUSABLE DELAY The tenn "Inexcusable Delay" means a delay that does not entitle the Design Build Entity to an adjustment of the Contract Sum and does not entitle the Design Build Entity to an adjustment of the Contract Time. 1.1.54 UNILATERAL CHANGE ORDER See Article 7.2 of the General Conditions. 1.1.55 CITY The tenn "City" or "the City" means, City of Carlsbad, the Owner of the Project. 1.1.56 CITY'S REPRESENTATIVE The term "City's Representative" means the person or finn identified as such in the Agreement. 1.1.57 CITY'S RESPONSIBLE ADMINISTRATOR The term "City's Responsible Administrator" means the person, or his or her authorized designee, who is authorized to execute Change Orders, Field Orders, and other applicable Contract Documents on behalf of the City. 1.1.58 WORK The tenn "Work" means all labor, materials, equipment, tools, and services, including Design Professional services, and other requirements of the Contract Documents as modified by Change Order, whether completed or partially completed, provided or to be provided by Design Build Entity to fulfill Design Build Entity's obligations . The Work may constitute the whole or a part of the Project. 1.2 OWNERSHIP AND USE OF CONTRACT DOCUMENTS 1.2.1. The Contract Documents, and all copies thereof, furnished to, or provided by, Design Build Entity are the property of the City. The City and Design Build Entity explicitly agree that all materials, electronic files/models, and documents developed in the perfonnance of this Contract are the property of the City. The City shall have the right to use all drawings, designs, specifications, notes and any other documentation and other work developed in the perfonnance of this Contract for the Project, or in connection with the Project, including without limitation future additions, alterations, connections, repairs, infonnation, reference, use or occupancy and the right to re-use details of the design on any other City work, all without the Design Build Entity's consent and at no additional cost to the City. 1.2.2 The City will defend, indemnify and save harmless Design Build Entity Professional, its officers, agents and employees from any costs or claims for damages arising from City's use on other projects of the Contract Documents, the Drawings and Specifications, or the designs depicted in them, if any of the foregoing have been provided to the City by the Design Build Entity. 1.2.3 Notwithstanding Article 1.2.2 above, the City will not defend, indemnify or save hannless Design Build Entity Professional, its officers, agents, or employees from any costs or claims asserted or imposed by any person or entity claiming that City's use of the Contract Documents, the Drawings and Specifications, or the designs depicted in them is contrary to or in violation of any copyright, patent, trade secret, trade name, trademark, or any proprietary, contractual or legal right pertaining to their use. 1.3 INTERPRETATION 1.3.1 The intent of the Contract Documents is to include all necessary criteria to establish the scope and quality for completion of the Work by the Design Build Entity. The Contract Documents are complementary and what is required by one shall be as binding as if required by all. Performance by the Design Build Entity shall be required to the extent consistent with, and reasonably inferable from, the Contract Documents. 1.3.2 In the case of conflict between tenns of the Contract Documents, the following order of precedence shall apply: 2-15-12 Page 8 of 58 General Conditions c Ct TV 0 f CARLSBAD Alga Norte Community Park Solar PV Contract No. 38372 .1 The Agreement and Change Orders shall control over the Supplementary Conditions . . 2 The Supplementary Conditions shall control over the General Conditions . . 3 The General Conditions shall control over the Specifications . .4 The Specifications shall control over the Drawings . . 5 The Drawing Details over the Drawings . . 6 Where no order of precedence is stated, the more expensive of the requirements shown or specified shall be controlling . . 7 With respect to the Contract Documents, Addenda shall govern over other portions of the Contract Documents to the extent specifically noted; subsequent Addenda shall govern over prior Addenda only to the extent specifically noted. 1.3.3 The City and Design Build Entity acknowledge that the Contract Documents may differ in some respect(s) from the other documents included in the Proposal Documents upon which the Design Build Entity based its response(s) to the Request for Proposals. The City and Design Build Entity explicitly agree that documents having the higher quality requirements control over any conflicting requirements of other documents. 1.3.4 Organization of the Specifications into various subdivisions and the arrangement of the Drawings shall not control Design Build Entity in dividing the Work among Subcontractors or in establishing the extent of work to be performed by any trade. 1.3.5 Unless otherwise stated in the Contract Documents, technical words and abbreviations contained in the Contract Documents are used in accordance with commonly understood design professional and construction industry meanings; and non-technical words and abbreviations are used in accordance with their commonly understood meanings. 1.3.6 The Contract Documents may omit modifying words such as "all" and "any," and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. The use of the word "including," when following any general statement, shall not be construed to limit such statement to specific items or matters set forth immediately following such word or to similar items or matters, whether or not non-limiting language (such as "without limitation," "but not limited to," or words of similar import) is used with reference thereto, but rather shall be deemed to refer to all other items or matters that could reasonably fall within the broadest possible scope of such general statement. 1.3. 7 Whenever the context so requires, the use of the singular number shall be deemed to include the plural and vice versa. Each gender shall be deemed to include any other gender, and each shall include corporation, partnership, trust, or other legal entity, whenever the context so requires. The captions and headings of the various subdivisions of the Contract Documents are intended only for reference and convenience and in no way define, limit, or prescribe the scope or intent of the Contract Documents or any subdivision thereof. ARTICLE2 CITY 2.1 FEE AND PERMIT REQUIREMENTS 2.1.1 Except as otherwise provided in the Contract Documents, the City will obtain and pay for any utility permits, demolition permits, easements, health department and government approvals for the use or occupancy of permanent structures required in connection with the Work. 2.1.2 Design Build Entity will be furnished, free of charge, such copies of the Contract Documents as the City deems reasonably necessary for execution of the Work. 2.2 ACCESS TO PROJECT SITE 2-15-12 Page 9 of 58 General Conditions c CITY OF CARLSBAD Alga Norte Community Park Solar PV Contract No. 38372 2.2.1 The City will provide, as reasonably required by the Work, but in no event later than the date designated in the Construction Notice to Proceed, access to the lands and facilities upon which the construction Work is to be performed, including such access to other lands and facilities designated in the Contract Documents for use by Design Build Entity. 2.3 CITY'S RIGHT TO STOP THE WORK 2.3.1 If Design Build Entity fails to correct Defective Work as required by Article 12.2 of the General Conditions or fails to perform the Work in accordance with the Contract Documents, The City or City's Representative may direct Design Build Entity to stop the Work, or any portion thereof, until the cause for such order has been eliminated by Design Build Entity. Design Build Entity shall not be entitled to any adjustment of Contract Time or Contract Sum as a result of any such order. the City and City's Representative have no duty or responsibility to Design Build Entity or any other party to exercise the right to stop the Work. 2.4 CITY'S RIGHT TO CARRY OUT THE WORK 2.4.1 If Design Build Entity fails to carry out the Work in accordance with the Contract Documents, fails to provide sufficient labor, materials, equipment, tools, and services, with respect to either the design or construction phases, to maintain the Contract Schedule, or otherwise fails to comply with any material term of the Contract Documents, and, after receipt of written notice from the City, fails within 2 days, excluding Saturdays, Sundays and legal holidays, or within such additional time as the City may specify, to correct such failure, the City may, without prejudice to other remedies the City may have, correct such failure at Design Build Entity's expense. In such case, the City will be entitled to deduct from payments then or thereafter due Design Build Entity the cost of correcting such failure, including without limitation compensation for the additional services and expenses of the City's consultants made necessary thereby. If payments then or thereafter due Design Build Entity are not sufficient to cover such amounts, Design Build Entity shall pay the additional amount to the City. 2.5 CITY'S RIGHT TO REPLACE CITY'S REPRESENTATIVE 2.5.1 The City may at any time and from time to time, without prior notice to or approval of Design Build Entity, replace the City's Representative with a new City's Representative. Upon receipt of notice from the City informing Design Build Entity of such replacement and identifying the new City's Representative, Design Build Entity shall recognize such person or firm as City's Representative for all purposes under the Contract Documents. ARTICLE3 DESIGN BUILDER 3.1 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY DESIGN BUILDER; SINGLE POINT RESPONSIBILITY OF DESIGN BUILDER 3.1.1 The City has carefully reviewed the qualifications of the Design Builder and has concluded that the Design Builder has the necessary significant experience to perform the required Work. The Design Builder has demonstrated that they possess the necessary experience and skilled resources to perform the Work. As such, the city asserts that this allows for a level of competence and care in the implementation of the Work than would be allowed for a lesser qualified Design Builder. 3.1.2 In addition to the examination and reviews performed, and obligations assumed, incidental to making the representations set forth in Article 10 of the Agreement, Design Build Entity shall carefully study and compare each of the Contract Documents with the others and with information furnished by the City, and shall promptly report in writing to City's Representative any errors, inconsistencies, or omissions in the Contract Documents or inconsistencies with Applicable Code Requirements observed by Design Build Entity. 3.1.3 Design Build Entity is responsible for the design and construction of the Project and shall provide all services pursuant to this Contract in a manner consistent with the standard of care under California law applicable to those who specialize in providing such services for projects of the type, scope, and complexity of the Project (including its contracting mode). The Design Build Entity shall be solely responsible for any and all design errors including, but without limitation, errors, inconsistencies or omissions in the Construction Documents. Design Build Entity shall take field measurements, verify field conditions, and carefully compare with the Contract Documents such field measurements, conditions, and other information known to Design Build Entity before commencing the Work. Errors, inconsistencies, or omissions discovered at any time shall be promptly reported in writing to City's Representative. 2-15-12 Page 10 of 58 General Conditions CITY OF CARLSBAD Alga Norte Community Park Solar PV Contract No. 38372 3.1.4 If Design Build Entity performs any design and/or construction activity which it knows, or should know, involves an error, inconsistency, or omission referred to in Articles 3.1.2 and 3.1.3 above, without notifying and obtaining the written consent of the City's Representative, Design Build Entity shall be responsible for the resultant losses, including, without limitation, the costs of correcting Defective Work. 3.1.5 The City does not assume any obligation to employ the Design Build Entity's services or pay Design Build Entity royalties of any type as to future programs that may result from the Work performed under this Contract. 3.1.6 Design Build Entity shall be responsible for all plotting, printing, copying and distribution cost of any and all documents required in connection with the Work. 3.1. 7 Design Build Entity agrees that it has single point responsibility for the design and construction of this Project. 3.2 DESIGN, SUPERVISION AND CONSTRUCTION PROCEDURES 3.2.1 Design Build Entity shall supervise, coordinate, and direct the Work using Design Build Entity's best skill and attention. Design Build Entity shall be solely responsible for, and have control over, the entire design effort, construction means, methods, techniques, sequences, procedures, and the coordination of all portions of the Work, including, but without limitation, buildings, pool work, skate park work, landscape and site work, utilities, and building systems. 3.2.2 Design Build Entity shall be responsible to the City for acts and omissions of Design Build Entity's agents, employees, and Subcontractors, and their respective agents and employees. 3.2.3 Design Build Entity shall not be relieved of its obligation to perform the Work in accordance with the Contract Documents either by acts or omissions of the City or City's Representative in the administration of the Contract, or by tests, inspections, or approvals required, or performed, by persons or firms other than Design Build Entity. 3.2.4 Design Build Entity shall be responsible for inspection of all portions of the Work, including those portions already performed under this Contract, to determine that such portions conform to the requirements of the Contract Documents and are ready to receive subsequent Work. 3.2.5 To facilitate communications and the management of the design process, the Design Build Entity shall establish and maintain a local office for the duration of the design process. 3.2.6 The Design Build Entity is not required to produce the entire Construction Documents package in the local office; however, the Design Build Entity shall provide the appropriate management and design staff in the local office to provide the City with the current status of, and the capability to properly update, the design and construction documents. 3.2.7 The Design Build Entity is required to deliver to the City, if requested, any and all design materials including, but not limited to, calculations, preliminary drawings, construction drawings, shop drawings, electronic media data, improvement documents, sketches, illustrations. specifications, descriptions, models, mock-ups, and other information developed, prepared, furnished, or delivered in the prosecution of the design work. 3.2.8 Design Build Entity shall at all times participate in, and implement, the CEQA mitigation process and ensure performance as required in the Contract Documents. 3.2.9 Design Build Entity is responsible for preparation of the Construction Documents for the entire Project. 3.2.1 0 Design Build Entity is responsible for construction of the entire Project as required by the Contract Documents. 3.2.11 Design Build Entity shall at all times maintain good discipline and order among its employees and subcontractors. Design Build Entity shall provide competent, fully qualified personnel to perform the Work. 3.3 LABOR AND MATERIALS 3.3.1 Unless otherwise provided in the Contract Documents, Design Build Entity shall provide and pay for all professional services, other services, labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other things necessary for proper execution and completion of the Work, whether temporary or permanent , . .-and whether or not incorporated or to be incorporated in the Work. ·~ 2-15-12 Page 11 of 58 General Conditions -CITY OF CARLSBAD 3.4 DESIGN BUILDER'S WARRANTY Alga Norte Community Park Solar PV Contract No. 38372 3.4.1 Design Build Entity warrants to the City that all labor, materials, equipment and furnishings used in, or incorporated into, the Construction Work will be of good quality, new (unless otherwise required or permitted by the Contract Documents), and all Work will be free of liens, claims and security interests of third parties; that the Work will be of the highest quality and free from defects and that all Work will conform with the requirements of the Contract Documents. If required by the City's Representative, Design Build Entity shall furnish satisfactory evidence of compliance with this warranty. Further, the type, quality and quantum of such evidence shall be within the sole discretion of the City's Representative. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. The Solar Array and supporting structure have additional warranties, as provided in the Technical Proposal. As referenced in the Technical Proposal, the warranty includes a ten (10) year warranty on the costs for repair and replacement of system components. The Technical Proposal also includes a warranty on the workmanship, production of the solar array, module power output, inverter performance, and monitoring system, as defined below: 3.4.1.a System Warranty: no cost repair and replacement of system components for 10 years, unless specifically stated otherwise 3.4.1.b Module Power Output: 25 years, with a maximum annual degradation of 0.4% 3.4.1.c Inverters: 10 years 3.4.1 .d Monitoring System: 5 years 3.5 TAXES 3.5.1 Design Build Entity shall pay all sales, consumer, use, income, payroll and similar taxes for the Work or portions thereof provided by Design Build Entity. 3.6 PERMITS, FEES, AND NOTICES 3.6.1 Except for the permits and approvals which are to be obtained by the City or the requirements with respect to which City is not subject as provided in Article 2.1.1 of the General Conditions, Design Build Entity shall secure, and pay for, all permits, approvals, government fees, licenses, and inspections necessary for the proper execution and performance of the Work. Design Build Entity shall deliver to the City all original licenses, permits, and approvals obtained by Design Build Entity in connection with the Work prior to the final payment or upon termination of the Contract, whichever is earlier. 3.6.2 Water Pollution Control_ The Design Build Entity shall exercise every reasonable precaution to protect channels, storm drains, and bodies of water from pollution. It shall conduct and schedule operations so as to minimize or avoid muddying and silting of said channels, drains, and waters. Water pollution control work shall consist of constructing those facilities which may be required to provide prevention, control, and abatement of water pollution. The Design Build Entity shall comply with the California State Water Resources Control Board (SWRCB) Order Number 2009- 0009-DWQ, National Pollutant Discharge Elimination System (NPDES) General Permit Number R9-2007-0001, Waste Discharge Requirements (WDR's) for Discharges of Storm Water Runoff associated with Construction Activity (General Permit) and subsequent adopted modifications and with all requirements of the Storm Water Pollution Prevention and Monitoring Plans for this project in accordance with these regulations. This project is permitted by an existing Storm Water Pollution Prevention Plan (SWPPP). The Design Build Entity must comply with all of the terms and conditions of this permit. 3. 7 APPLICABLE CODE REQUIREMENTS 3.7.1 Design Build Entity shall perform the Work in accordance with the following Applicable Code Requirements and all code requirements listed in the Scope of Work: .1 All current laws, statutes, building codes ordinances, rules, regulations, and lawful orders of all public authorities having jurisdiction over the City, Design Build Entity, any Subcontractor, the Project, the Project site, the Work, or the prosecution of the Work . . 2 Applicable sections in the State of California Labor Code . . 3 All Applicable Code Requirements relating to nondiscrimination, payroll records, apprentices, and work day. 2-15-12 Page 12 of 58 General Conditions CITY OF CARLSBAD Alga Norte Community Park Solar PV Contract No. 38372 3.7.2 Design Build Entity shall comply with and give notices required by all Applicable Code Requirements, including all environmental laws and all notice requirements under the State of California Safe Drinking Water and Enforcement Act of 1986 (State of California Health and Safety Code Section 25249.5, and applicable sections that follow). Design Build Entity shall promptly notify the City's Representative in writing if Design Build Entity becomes aware during the performance of the Work that the Contract Documents are at variance with Applicable Code Requirements. 3.7.3 If Design Build Entity performs Work which it knows or should know is contrary to Applicable Code Requirements, without prior notice to the City and City's Representative, Design Build Entity shall be responsible for such Work and any resulting damages including, without limitation, the costs of correcting Defective Work. 3. 7.4 Design Builder shall give all notices and comply with all laws, ordinances, rules and regulations bear'ing on conduct of work as indicated and specified. If Design Builder observes that drawings and specifications are at variance therewith, he shall promptly notify the Engineer in writing and any necessary changes shall be adjusted as provided for in this Contract for changes in work. If Design Builder performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Engineer, he shall bear all costs arising therefrom .1 Design Builder shall be responsible for familiarity with the Americans with Disabilities Act ("ADA") (42 U.S.C. § 12101 et seq.) and all other federal and state disability access laws. The Work will be performed in compliance with all current rules, guidelines and regulations. 3.8 SUPERINTENDENT 3.8.1 Design Build Entity shall employ a competent Superintendent satisfactory to the City who shall be in attendance at the Project site at all times during the performance of the Construction Work. Superintendent shall represent Design Build Entity and communications given to, and received from, Superintendent shall be binding on Design Build Entity. Failure to maintain a Superintendent on the Project site at all times Work is in progress shall be considered a material breach of this Contract, entitling the City to terminate the Contract or, alternatively, issue a stop Work order until the Superintendent is on the Project site. If, by virtue of issuance of said stop Work order, Design Build Entity fails to complete the Contract on time, Design Build Entity will be assessed Liquidated Damages in accordance with the Agreement. 3.8.2 The Superintendent approved for the Project must be able to read, write and verbally communicate in English. The Superintendent may not perform the Work of any trade, pick-up materials, or perform any Work not directly related to the supervision and coordination of the Construction Work at the Project site when Work is in progress. In addition, the Design Build Entity will provide all Key Personnel shown in the Technical Proposal for the time periods stipulated. 3.9 TOXIC MATERIALS 3.9.1 The Design Build Entity is responsible for unforeseen site conditions and toxic materials to the extent described in the Contract Documents and/or that could be reasonably inferred by the Design Build Entity based on its experience and expertise on similar projects in urban areas. 3.10 HAZARDOUS MATERIALS 3.10.1 The Design Build Entity agrees that it is solely responsible for investigating and performing remedial actions on all hazardous materials and other related environmental requirements located on the Project site. For the purposes of this Contract, Hazardous Materials shall also include, but are not limited to, Underground storage tanks. Any Hazardous Materials that are encountered beyond those described in the Contract Documents or Proposal Documents, or which reasonably could not have been discovered within the time permitted, may properly be the subject of a Change Order Request. The City agrees that the Design Build Entity cannot be considered a hazardous materials generator of any such materials in existence on the Site at the time it is given possession of the Site. "Underground Storage Tank" shall have the definition assigned to that term by Section 9001 of RCRA, 42 U.S.C. Section 6991, and also shall include: any tank of one thousand one hundred (1, 100) gallons or less capacity used for storing motor fuel; any tank used for storing heating oil for consumption on the premises where stored; any septic tank; and any pipes connected to the above items. 3.1 0.2 The City shall not be responsible for any Hazardous Material brought to the site by the Design Build Entity. 3.1 0.3 If the Design Build Entity: (i) introduces and/or discharges a Hazardous Material onto the site in a manner not specified by the Contract Documents; and/or (ii) disturbs a Hazardous Material identified in the Contract Documents, the Design Build r· Entity shall hire a qualified remediation Design Builder at Design Build Entity's sole cost to eliminate the condition as soon as ~ possible. Under no circumstance shall the Design Build Entity perform Work for which it is not qualified. The City, in its sole 2-15-12 Page 13 of 58 General Conditions -~ c.~ ·~ C I T Y 0 F ,~CARLSBAD Alga Norte Community Park SolarPV Contract No. 38372 discretion, may require the Design Build Entity to retain at Design Build Entity's cost an independent testing laboratory. 3.1 0.4 If the Design Build Entity encounters a Hazardous Material which may cause foreseeable injury or damage, Design Build Entity shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such material or substance (except in an emergency situation); and (iii) notify the City (and promptly thereafter confirm such notice in writing). 3.1 0.5 Subject to Design Build Entity's compliance with Article 3.1 0.4, the City shall verify the presence or absence of the Hazardous Material reported by the Design Build Entity, except as qualified under Section 3.10.2 and 3.10.4, and, in the event such material or substance is found to be present, verify that the levels of the hazardous material are below OSHA Permissible Exposure Levels and below levels which would classify the material as a state of California or federal hazardous waste. When the material falls below such levels, Work in the affected area shall resume upon direction by the City. The Contract Time and Sum shall be extended appropriately as provided in Articles 7 and 8. 3.1 0.6 The City shall indemnify and hold harmless the Design Build Entity from and against claims, damages, losses and expenses, arising from a Hazardous Material on the Project site, if such Hazardous Material: (i) was not shown on the Contract Documents or Information Available to Bidders; (ii) was not brought to the site by Design Build Entity; and {iii) exceeded OSHA Permissible Exposure Levels or levels which would classify the material as a state of California or federal hazardous waste. The indemnity obligation in this Article shall not apply to: .1 Claims, damages, losses or expenses arising from the breach of contract, negligence or willful misconduct of Design Build Entity, its suppliers, its Subcontractors of all tiers and/or any persons or entities working under Design Build Entity; and .2 Claims, damages, losses or expenses arising from a Hazardous Material subject to Article 3.1 0.2. 3.10.7 In addition to the requirements in Article 3.28, Design Build Entity shall indemnify and hold harmless the City of Carlsbad from and against claims, damages, losses and expenses, arising from a Hazardous Material on the Project site, if such Hazardous Material: (i) was shown on the Contract Documents or Information Available to Bidders; (ii) was brought to the site by Design Build Entity; and (iii) exceeded OSHA Permissible Exposure Levels or levels which would classify the material as a state of California or federal hazardous waste. Nothing in this paragraph shall obligate the Design Build Entity to indemnify the City in the event of the sole negligence of the City, its officers, agents, or employees. 3.11 CONSTRUCTION DOCUMENTS 3.11.1 Construction Documents .1 Upon receipt of the Notice to Proceed for Phase 2, the Design Build Entity shall instruct the appropriate Design Professional or Architect of Record to commence the design of the building systems and the preparation of the Construction Documents. The Construction Documents shall provide information customarily necessary in documents for projects of similar size, complexity, and quality. The Construction Documents shall include all information required by the building trades to complete the construction of the Project, other than such details customarily developed by others during construction. The City's review of the construction documents shall be conducted in accordance with the approved Contract Schedule with procedures set forth in Article 3.16 of the General Conditions relating to Schedule. Such review shall not relieve the Design Build Entity from its responsibilities under this Contract. Such review shall not be deemed an approval or waiver by the City of any deviation from, or of the Design Build Entity's failure to comply with, any provision or requirement of the Contract Documents, unless such deviation or failure has been identified as such in writing in the document submitted by the Design Build Entity and approved by the City . . 2 It is acknowledged by the parties hereto that inherent in a design build concept, bridging or otherwise, the production and review of Construction Documents may be a continuing process with portions thereof completed at different times. The Design Build Entity will limit the Construction Document packages for construction to a reasonable number, not more than that stipulated in the Supplementary Conditions, unless approved in writing by the City. Contract Schedule shall indicate the times for the City to review the completion of each such portion of the Construction Documents and a reasonable time for review of same . . 3 The Design Build Entity shall submit completed packages of the Construction Documents for review by the City, the City Fire Marshal, and any other Agency Having Jurisdiction (AHJ) Review meetings between the Design Build Entity and the City to review the Construction Document packages, shall be scheduled and held so as not to delay the Work. After reviewing the Construction Documents package for conformance to the Criteria Documents, the City will issue a Construction Notice to Proceed to the Design Build Entity. 2-15-12 Page 14 of 58 General Conditions c c CITY OF CARLSBAD Alga Norte Community Park Solar PV Contract No. 38372 .4 The Construction Documents for hazardous and/or toxic abatement efforts and demolition activity shall be of sufficient clarity and shall be fully detailed when submitted to the City for review. 3.11.2 Shop Drawings, Product Data, Samples, Materials, and Equipment .1 Shop drawings means drawings, submitted to Design Build Entity by subcontractors, manufacturers, supplier or distributors, showing in detail the proposed fabrication and assembly of building elements and the installation (e.g., form, fit, and attachment details) of materials or equipment. .2 Design Build Entity shall coordinate all submittals and review them for accuracy, completeness, and compliance with the requirements of the Contract Documents and the Design Build Entity's Construction Documents and shall indicate its approval thereon as evidence of such coordination and review . . 3 Materials and equipment incorporated in the Work shall match the approved samples within tolerances appropriate to the items, and as may be described in the Contract Documents . .4 The Design Build Entity shall submit shop drawings approved by the Architect of Record and samples of submittals that relate to finish materials and products . . 5 Any variation in quality must be approved by the City. 3.11.3 Field Engineering .1 The Design Build Entity shall retain and pay expenses of a civil engineer or land surveyor to establish on the Site the required reference points and benchmarks, establish building lines and elevations, check for building framing, plumbness, and establish on building frame the required basic grid lines. The engineer or land surveyor shall be licensed in the State of California . . 2 The Design Build Entity shall locate and protect control points prior to starting Work on the Project site and preserve permanent reference points during construction, and shall require the engineer or surveyor to replace control points which become lost or destroyed. 3.11.4 Geotechnical and Survey .1 The City has provided the Design Build Entity with a geotechnical report which includes supporting data, findings and recommendations; and also with a legal description and a project survey that are included in the Contract Documents. The Design Work shall be consistent with both the findings and recommendations of the geotechnical report and legal description and project survey . . 2 The Design Build Entity shall verify the location and depth (elevation) of all existing utilities and services before performing any excavation Work. 3.12 MONTHLY REPORTS 3.12.1 The Design Build Entity shall prepare and submit to the City, during both the Construction Documents Phase and the Construction Phase, monthly reports on the Work accomplished during the prior monthly period. Such reports shall be prepared in a manner and in a format approved by the City. Reports shall be furnished at the time of submission of each monthly application for payment. The monthly report shall also set forth the Design Build Entity's projected progress for the forthcoming month. 3.13 OTHER REPORTS 3.13.1 The Design Build Entity will cooperate with the City in preparing, or causing to be prepared, all or part of, periodic project reports required by state or federal agencies. 3.14 NOTICES OF LABOR DISPUTE 3.14.1 If Design Build Entity has knowledge that any actual or potential labor dispute is delaying, or threatens to delay, the timely performance of the Work, Design Build Entity shall immediately give notice including all relevant information to the City. 2-15-12 Page 15 of 58 General Conditions c c ~ <(( CITY Of ,~CARLSBAD Alga Norte Community Park Solar PV Contract No. 38372 3.14.2 Design Build Entity agrees to insert the substance of this Article including this Article 3.14.2, in any subcontract to which a labor dispute may delay the timely performance of the Work, except that each subcontract shall provide that in the event its timely performance is delayed or threatened by delay by any actual or potential labor dispute, the subcontractor shall immediately notify the next higher tier subcontractor or Design Build Entity, as the case may be, of all relevant information concerning the dispute. 3.15 GUARANTEE 3.15.1 The Design Build Entity unconditionally guarantees the Work will be completed in accordance with the requirements of the Contract Documents, and will remain free of defects in workmanship and materials for a period of two {2) years from the date of Final Completion, unless a longer guarantee period is specifically called for in the Contract Documents. The Design Build Entity shall repair or replace any and all work. together with any adjacent work that may have been damaged or displaced, which was not in accordance with the requirements of the Contract Documents, or that may be defective in its workmanship or material within the guarantee period specified in the Contract Documents, without any expense whatsoever to the City; ordinary wear and tear and abuse excepted. 3.15.2 The Design Build Entity further agrees, within fourteen (14) days, or as such shorter period as may be designated for emergency repairs, after being notified in writing by the City, of any work not in accordance with the requirements of the Contract Documents or any defects in the Work, that the Design Build Entity shall commence and execute, with due diligence, all work necessary to fulfill the terms of the guarantee. If the City finds that the Design Build Entity fails to perform any of the work under the guarantee, the City may elect to have the work completed at the Design Build Entity's expense and the Design Build Entity will pay costs of the work upon demand. The City will be entitled to all costs, including reasonable attorneys' fees and consultants' expenses necessarily incurred upon the Design Build Entity's refusal to pay the above costs. 3.15.3 Notwithstanding the foregoing Article 3.15.2, in the event of an emergency constituting an immediate hazard to health or safety of the City employees, property, or licensees. the City may undertake, at the Design Build Entity's expense and without prior notice, all work necessary to correct such hazardous condition(s) when it is caused by work of the Design Build Entity not being in accordance with the requirements of the Contract Documents. 3.15.4 This project includes Special Warranties for the solar panel modules, solar energy production and system components. The specific warranties are defined in the Technical Proposal and will be executed at the conclusion of the project. 3.16 SCHEDULES REQUIRED OF DESIGN BUILDER 3.16.1 The Preliminary Schedule provided with the Request for Proposal provides the Design Build Entity schedule information to illustrate all Contract Milestones and any anticipated overlap of Phases. The Design Build Entity shall develop its required Contract schedules for review and approval by the City based on and consistent with such Preliminary Schedule. 3.16.2 Design Build Entity shall submit an initial Contract Schedule and updated Contract Schedules to City's Representative in the form and within the time limits required by the Contract Documents, or, if no such time period is specified, within a reasonable period of time. City's Representative will determine acceptability of the Contract Schedule and updated Contract Schedules within the time limits required by the Contract Documents, or if no such time period is specified, within a reasonable period of time. If the City's Representative deems the Contract Schedule or updated Contract Schedule unacceptable, it shall specify in writing to Design Build Entity the basis for its objection. 3.16.3 The Contract Schedule and updated Contract Schedules shall represent a practical plan to complete the Work within the Contract Time. Schedules showing the Work completed in less than the Contract Time as reflected in the Preliminary Schedule may be acceptable if judged by City's Representative to be practical. Schedules showing the Work completed beyond the Contract Time may be submitted under the following circumstances: .1 If accompanied by a Change Order Request seeking an adjustment of the Contract Time consistent the requirements of paragraph 8.4 for Adjustment of the Contract Time for Delay.; or .2 If the Contract Time has passed, or if it is a practical impossibility to complete the Work within the Contract Time, then the updated Contract Schedule or Fragnet schedule shall show completion at the earliest practical date . . 3 City's Representative will timely review the updated Contract Schedule or Fragnet Schedule submitted by Design Build Entity. If City's Representative determines that additional supporting data are necessary to fully evaluate the updated Contract Schedule or Fragnet Schedule, City's Representative will request such additional supporting 2-15-12 Page 16 of 58. General Conditions CITY 0 F CARLSBAD Alga Norte Community Park Solar PV Contract No. 38372 data in writing. Such data shall be furnished no later than 10 days after the date of such request. City's Representative will render a decision promptly and in any case within 30 days after the later of the receipt of the updated Contract Schedule or Fragnet Schedule or the deadline for furnishing such additional supporting data. Failure of City's Representative to render a decision by the applicable deadline will be deemed a decision denying approval of the updated Contract Schedule or Fragnet Schedule. Acceptance of any schedule showing completion beyond the Contract Time by City's Representative shall not change the Contract Time and is without prejudice to any right of the City. The Contract Time, not the Contract Schedule, shall control in the determination of liquidated damages payable by Design Build Entity under Article 5 and Article 6 of the Agreement and in the determination of any delay under Article 8 of the General Conditions. 3.16.4 If a Contract Schedule showing the Work completed in less than the Contract Time is accepted, Design Build Entity shall not be entitled to extensions of the Contract Time for Excusable Delays or Compensable Delays or to adjustments of the Contract Sum for Compensable Delays until such delays extend the Final Completion of the Work beyond the expiration of the Contract Time. 3.16.5 Design Build Entity shall prepare and keep current, to the reasonable satisfaction of City's Representative, a schedule of submittals and that is coordinated with the Contract Schedule. 3.16.6 The Contract Schedule and the updated Contract Schedules shall meet the following requirements: .1 Schedules must be suitable for monitoring progress of the Work . . 2 Schedules must provide necessary data about the timing of the City decisions and City furnished items . . 3 Schedules must be in sufficient detail to demonstrate adequate planning of the Work . .4 Schedules must represent a practical plan to perform and complete the Work within the Contract Time. 3.16.7 The City's Representative's review of the form and general content of the Contract Schedule and updated Contract Schedules is for the purpose of determining if the above-listed requirements have been satisfied. 3.16.8 Design Build Entity shall plan, develop, supervise, control, and coordinate the performance of the Work so that its progress and the sequence and timing of Work will permit its completion within the Contract Time, any Contract milestones and any Contract phases. 3.16.9 In preparing the Preliminary Contract Schedule, the Contract Schedule, and updated Contract Schedules, Design Build Entity shall obtain such information and data from Subcontractors as may be required to develop a reasonable and appropriate schedule for performance of the work and shall provide such information and data to the City's Representative upon request. Design Build Entity shall continuously obtain from Subcontractors information and data about the planning for, and progress of, the Work and the delivery of equipment, shall coordinate and integrate such information and data into updated Contract Schedules, as appropriate, and shall monitor the progress of the Work and the delivery of equipment. The City requires the Design Builder to employ the "pull planning" method of schedule development. 3.16.1 0 Design Build Entity shall act as the expediter of potential and actual delays, interruptions, hindrances, or disruptions for its own forces and those forces of Subcontractors, regardless of tier. 3.16.11 Design Build Entity shall cooperate with the City's Representative in the development of the Contract Schedule and updated Contract Schedules. Design Build Entity shall plan and schedule all of its Work based on the assumption that the City will exercise its Option for Phase 3 within 30 days of the completion of Phase 2 unless otherwise directed in writing by the City. After the City exercises its Option for Phase 3, the Design Build Entity shall modify its Contract Schedule to reflect the actual date that the City exercises its Option for Phase 3. 3.16.12 City's Representative's acceptance of or its review comments about any schedule or scheduling data shall not relieve Design Build Entity from its sole responsibility to plan for, perform, and complete the Work within the Contract Time. Acceptance of or review comments about any schedule shall not transfer responsibility for any schedule to the City's Representative or the City nor imply their agreement with (1) any assumption upon which such schedule is based or (2) any matter underlying or contained in such schedule. Failure of the City's Representative to discover errors or omissions in schedules that it has reviewed, or to inform Design Build Entity that Design Build Entity, Subcontractors, or others are behind schedule, or to direct or enforce c procedures for complying with the Contract Schedule shall not relieve Design Build Entity from its sole responsibility to perform 2-15-12 Page 17 of 58 General Conditions c CITY OF CARLSBAD Alga Norte Community Park SolarPV Contract No. 38372 and complete the Work within the Contract Time and shall not be a cause for an adjustment of the Contract Time or the Contract Sum. 3.17 AS-BUll T DOCUMENTS 3.17.1 Design Build Entity shall maintain one (1) set of As-built drawings and specifications, which shall be kept up-to-date during the Work of the Contract. This document will be an electronic file or Building Information Model (BIM) all changes which are incorporated into the Wor1< which differ from the documents as drawn and written and approved shall be noted on the as- built set. Notations shall reflect the actual materials, equipment and installation methods used for the Work; each revision shall be initialed and dated by Superintendent. Prior to filing of the Notice of Completion, each drawing and the specification cover shall be signed by Design Build Entity and dated, attesting to the completeness of the information noted therein. As-built Documents shall be turned over to the City's Representative and shall become part of the Record Documents as required by the Scope of Wor1<. 3.18 DOCUMENTS AND SAMPLES AT PROJECT SITE 3.18.1 Design Build Entity shall maintain the following at the Project site: .1 One as-built copy of the Contract Documents, in good order and mar1<ed to record current changes and selections made during construction . . 2 The current accepted Contract Schedule . . 3 Shop Drawings, Product Data, and Samples . .4 All other required submittals. These documents shall be available to the City's Representative and shall be delivered to the City's Representative for submittal to the City upon the earlier of Final Completion or termination of the Contract. 3.19 SHOP DRAWINGS, PRODUCT DATA, SAMPLES AND BIM MODELS 3.19.1 Definitions: .1 Shop Drawings are drawings (physical or electronic), diagrams, schedules, and other data specially prepared for the Wor1< by Design Build Entity or a Subcontractor to illustrate some portion of the Wor1< . . 2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams, and other information furnished by Design Build Entity to illustrate or describe materials or equipment for some portion of the Work . . 3 Samples are physical examples that illustrate materials, equipment, or workmanship and establish standards by which the Wor1< will be judged . .4 BIM Models are Building Information Modeling (BIM) is a digital representation of physical and functional characteristics of a facility. A BIM is a shared knowledge resource for information about a facility forming a reliable basis for decisions during its life-cycle; defined as existing from earliest conception to demolition. 3.19.2 Shop Drawings, Product Data, Samples, BIM Models and similar submittals are not Contract Documents. Their purpose is to demonstrate, for those portions of the Work for which submittals are required, how Design Build Entity proposes to conform to the information given and the design concept expressed in the Contract Documents. 3.19.3 Design Build Entity shall review, approve, and submit to the City's Representative Shop Drawings, Product Data, Samples, BIM Models and similar submittals required by the Contract Documents with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the City or of Separate Contractors. Submittals made by Design Build Entity that are not required by the Contract Documents may be returned without action by the City's Representative. 3.19.4 Design Build Entity shall perform no portion of the Work requiring submittal and review of Shop Drawings, Product ,.,_.. Data, Samples, BIM Model or similar submittals until the respective submittal has been reviewed by the City's Representative 2-15-12 Page 18 of 58 General Conditions CITY OF CARLSBAD Alga Norte Community Park Solar PV Contract No. 38372 and no exceptions have been taken by the City's Representative or the City's Representative's Consultants. Such Work shall be in accordance with approved submittals and the Contract Documents. 3.19.5 By approving and submitting Shop Drawings, Product Data, Samples, BIM Model and similar submittals, Design Build Entity represents that it has determined or verified materials and field measurements and conditions related thereto, and that it has checked and coordinated the information contained within such submittals with the requirements of the Contract Documents and Shop Drawings/BIM Model for related Work. 3.19.6 If Design Build Entity discovers any conflicts, omissions, or errors in Shop Drawings or other submittals, Design Build Entity shall notify the City's Representative and receive instruction before proceeding with the affected Work. Design Build Entity shall be responsible to correct to the satisfaction of the City, any conflicts, omissions, or errors in Shop Drawings/BIM Model or other submittals. 3.19. 7 Design Build Entity shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the City's Representative's review of Shop Drawings, Product Data, Samples, BIM Model or similar submittals, unless Design Build Entity has specifically informed the City's Representative in writing of such deviation at the time of submittal and the City's Representative has given written approval of the specific deviation. Design Build Entity shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples, BIM Model or similar submittals by the City's Representative's review, acceptance, comment, or approval thereof. 3.19.8 Design Build Entity shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples, BIM Model or similar submittals, to revisions other than those requested by the City's Representative on previous submittals. 3.19.9 The City will review first resubmittal of Shop Drawing/BIM Model at its cost. The City reserves the right to reduce the Contract Sum by Change Order for its cost for any subsequent reviews of Shop Drawing resubmittals. 3.20 USE OF SITE AND CLEAN UP 3.20.1 Design Build Entity shall confine operations at the Project site to areas permitted by law, ordinances, permits, and the Contract Documents. Design Build Entity shall not unreasonably encumber the Project site with materials or equipment. The area of work must be separated from the general public by a temporary fence with screening. 3.20.2 Design Build Entity shall, during performance of the Work, keep the Project site and surrounding area free from the accumulation of excess dirt, waste materials, and rubbish caused by Design Build Entity. Design Build Entity shall remove all excess dirt, waste material, and rubbish caused by the Design Build Entity; tools; equipment; machinery; and surplus materials from the Project site and surrounding area at the completion of the Work. Failure to maintain the site may cause the City to give the Design Builder notice of this fact. Upon such notice, the Design Builder must remedy the situation within 24 hours of receipt of the notice. The Design Builder's failure to comply may cause the City to perform the work at the Design Builder's cost 3.20.3Personnel of Design Build Entity and Subcontractors shall not occupy, live upon, or otherwise make use of the Project site during any time that Work is not being performed at the Project site, except as otherwise provided in the Contract Documents. 3.21 PROJECT SITE MAINTENANCE. 3.21.1 Cleanup and Dust Control. Throughout all phases of construction, including suspension of work, and until the final acceptance, the Design Builder shall keep the site clean and free from rubbish and debris. The Design Builder shall also abate dust nuisance by cleaning, sweeping and sprinkling with water, or other means as necessary. The use of water resulting in mud on public streets will not be permitted as a substitute for sweeping or other methods. When required by the Plans or Specifications, the Design Builder shall fum ish and operate a self-loading motor sweeper with spray nozzles at least once each working day for the purpose of keeping paved areas acceptably clean wherever construction, including restoration, is incomplete. Materials and equipment shall be removed from the site as soon as they are no longer necessary. Before the final inspection, the site shall be cleared of equipment, unused materials, and rubbish so as to present a satisfactory clean and neat appearance. All cleanup costs shall be included in the Design Builder's Bid. Care shall be taken to prevent spillage on haul routes. Any such spillage shall be removed immediately and the area cleaned. 2-15-12 Page 19 of 58 General Conditions c <.(~ CITY OF ,~CARLSBAD Alga Norte Community Park Solar PV Contract No. 38372 Excess excavation material from catch basins or similar structures shall be removed from the site immediately. Sufficient material may remain for use as backfill if permitted by the Specifications. Forms and form lumber shall be removed from the site as soon as practicable after stripping. Failure of the Design Builder to comply with the Engineer's cleanup orders may result in an order to suspend work until the condition is corrected. No additional compensation will be allowed as a result of such suspension. Cleanup and dust control required herein shall also be executed on weekends and other non-working days when needed to preserve the health safety or welfare of the public. The Design Builder shall conduct effective cleanup and dust control throughout the duration of the Contract. The Engineer may require increased levels of cleanup and dust control that, in his/her sole discretion, are necessary to preserve the health, safety and welfare of the public. Cleanup and dust control shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. 3.21.2 Air Pollution Control. The Design Builder shall not discharge smoke, dust, or any other air contaminants into the atmosphere in such quantity as will violate the regulations of any legally constituted authority. 3.21.3 Vermin Control. At the time of acceptance, structures entirely constructed under the Contract shall be free of rodents, insects, vermin, and pests. Necessary extermination work shall be arranged and paid for by the Design Builder as part of the Work within the Contract time, and shall be performed by a licensed exterminator in accordance with requirements of governing authorities. The Design Builder shall be liable for injury to persons or property and responsible for the elimination of offensive odors resulting from extermination operations. 3.21.4 Sanitation. The Design Builder shall provide and maintain enclosed toilets for the use of employees engaged in the Work. These accommodations shall be maintained in a neat and sanitary condition. They shall also comply with all applicable laws, ordinances, and regulations pertaining to public health and sanitation of dwellings and camps. Wastewater shall not be interrupted. Should the Design Builder disrupt existing sewer facilities, sewage shall be conveyed in closed conduits and disposed of in a sanitary sewer system. Sewage shall not be permitted to flow in trenches or be covered by backfill. 3.21.5 Temporary Light, Power, and Water. The Design Builder shall furnish, install, maintain, and remove all temporary light, power, and water at its own expense. These include piping, wiring, lamps, and other equipment necessary for the Work. The Design Builder shall not draw water from any fire hydrant (except to extinguish a fire), without obtaining permission from the water agency concerned. The Design Builder shall obtain a construction meter for water used for the construction, plant establishment, maintenance, cleanup, testing and all other work requiring water related to this contract. The Design Builder shall contact the appropriate water agency for requirements. The Design Builder shall pay all costs of temporary light, power and water including hookup, service, meter and any, and all, other charges, deposits and/or fees therefore. Said costs shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. 3.21.6 Water Pollution Control. The Design Builder shall exercise every reasonable precaution to protect channels, storm drains, and bodies of water from pollution. It shall conduct and schedule operations so as to minimize or avoid muddying and silting of said channels, drains, and waters. Water pollution control work shall consist of constructing those facilities which may be required to provide prevention, control, and abatement of water pollution. 3.21.7 The Design Builder shall comply with the California State Water Resources Control Board (SWRCB) Order Number 99-08-DWQ (or current equivalent), National Pollutant Discharge Elimination System (NPDES) General Permit Number CAS000002, Waste Discharge Requirements (WDR's) for Discharges of Stormwater Runoff associated with Construction Activity (General Permit) and subsequent adopted modifications and with all requirements of the Storm Water Pollution Prevention and Monitoring Plans for this project in accordance with these regulations. 3.22 CUTTING, FITTING, AND PATCHING 3.22.1 Design Build Entity shall do all cutting, fitting, or patching of the Work required to make all parts of the Work come together properly and to allow the Work to receive or be received by work of Separate Contractors shown upon, or reasonably implied by, the Contract Documents. 3.22.2 Design Build Entity shall not endanger the Work, the Project, or adjacent property by cutting, digging, or otherwise. Design Build Entity shall not cut or alter the work of any Separate Contractor without the prior consent of the City's Representative. 2-15-12 Page 20 of 58 General Conditions c CITY OF CARLSBAD 3.23 ACCESS TO WORK BY THE CITY Alga Norte Community Park Solar PV Contract No. 38372 3.23.1 The City, City's Representative, their consultants, and other persons authorized by the City will at all times have access to the Work wherever it is in preparation or progress. Design Build Entity shall provide safe and proper facilities for such access and for inspection. 3.23.2 Trash receptacles shall be provided and emptied by the Design Builder at weekly intervals or sooner as required. The trash shall be removed from the project site. All costs to fum ish, maintain, service, and remove the specified facilities at the project site shall be included in the price bid for such facilities. If no bid item is provided in the proposal, costs shall be included in other items for which bids are entered. The first progress payment will not be approved until all facilities are in place and fully comply with the Specifications. 3.24 ROYALTIES AND PATENTS 3.24.1 Design Build Entity shall pay all royalties and license fees required for the performance of the Work. Design Build Entity shall defend suits or claims resulting from Design Build Entity's or any Subcontractor's infringement of patent rights and shall indemnify, defend and hold harmless the City and City's Representative from losses on account thereof. 3.25 DIFFERING SITE CONDITIONS 3.25.1 If Design Build Entity encounters any of the following conditions at the site, Design Build Entity shall immediately notify the City's Representative in writing of the specific differing conditions before they are disturbed and before any affected Work is performed, and permit investigation of the conditions: .1 Subsurface or latent physical conditions at the site which differ materially from those indicated in this Contract, or if not indicated in this Contract, in the City Furnished Information; or .2 Unknown physical conditions at the site, of an unusual nature, which differ materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract. 3.25.2 Design Build Entity shall be entitled to an adjustment to the Contract Sum and/or Contract Time as the result of extra costs and/or delays resulting from a materially differing site condition, if and only if Design Build Entity fulfills the following conditions: .1 Design Build Entity fully complies with Article 3.25.1 above; and .2 Design Build Entity fully complies with Article 4 of the General Conditions {including the timely filing of a Change Order Request and all other requirements for Change Orders Requests and Claims). 3.25.3 Adjustments to the Contract Sum and/or Contract Time shall be subject to the procedures and limitations set forth in Articles 7 and 8 of the General Conditions. 3.26 CONCEALED, UNFORESEEN, OR UNKNOWN CONDITIONS OR EVENTS 3.26.1 Except and only to the extent provided otherwise in Articles 3.24, and Articles 7 and 8 of the General Conditions, by signing the Agreement, Design Build Entity agrees: .1 To bear the risk of concealed, unforeseen or unknown conditions and events, if any, which may be encountered in performing the Contract; and .2 That Design Build Entity's Pricing Proposal Form for the Contract was made with full knowledge of this risk. 3.26.2 In agreeing to bear the risk of concealed, unforeseen or unknown conditions and events, Design Build Entity understands that, except and only to the extent provided otherwise in Articles 3.24, and Articles 7 and 8 of the General Conditions, concealed, unforeseen or unknown conditions shall not excuse Design Build Entity from its obligation to achieve full completion of the Work within the Contract Time, and shall not entitle the Design Build Entity to an adjustment of the Contract fll""""'-Sum. ''-" 2-15-12 Page 21 of 58 General Conditions c (.(~ CITY OF -~CARLSBAD Alga Norte Community Park Solar PV Contract No. 38372 3.26.3 If, as the result of concealed, unforeseen or unknown conditions or events, the City issues a Change Order or Field Order that changes design details from those details depicted in the Criteria Documents, Design Build Entity shall be entitled, subject to compliance with all the provisions of the Contract, including those set forth in Articles 4, 7 and 8 of the General Conditions, to an adjustment of the Contract Sum and/or Contract Time, for the cost and delay resulting from implementing the changes to the design. Except as provided in this Article 3.25.3, or as may be expressly provided otherwise in the Contract, there shall be no adjustment of the Contract Sum and/or Contract Time as a result of concealed, unforeseen or unknown conditions or events. 3.26.4 Design Build Entity shall, as a condition precedent to any adjustment in Contract Sum or Contract Time under this Article 3.25.4, fully comply with Article 4 of the General Conditions (including the timely filing of a Change Order Request and all other requirements for Change Orders Requests and Claims). 3.27 INFORMATION AVAILABLE TO PROPOSERS 3.27.1 Any information provided pursuant to REQUEST FOR PROPOSALS is subject to the following provisions: .1 The information is made available for the convenience of Proposers and is not a part of the Contract . . 2 The Design Build Entity may rely on written descriptions of physical conditions included in the information to the extent such reliance is reasonable . . 3 Other components of the information, including but not limited to recommendations, may not be relied upon by Design Build Entity. The City shall not be responsible for any interpretation of or conclusion drawn from the other components of the information by the Design Build Entity. 3.28 LIABILITY FOR AND REPAIR OF DAMAGED WORK 3.28.1 Design Build Entity shall be liable for any and all damages and losses to the Project (whether by fire, theft, vandalism, earthquake, flood or otherwise) prior to the City's acceptance of the Project as fully completed except that Design Build Entity shall not be liable for earthquake in excess of magnitude 3.5 on the Richter Scale, tidal wave, or flood, provided that the damages or losses were not caused in whole or in part by the negligent acts or omissions of Design Build Entity, its officers, agents or employees (including all Subcontractors and suppliers of all tiers). As used herein, "flood" shall have the same meaning as in the builder's risk property insurance. 3.28.2 Design Build Entity shall promptly repair and replace any Work or materials damaged or destroyed for which the Design Build Entity is liable under Article 3.27.1 above. 3.28.3 Notwithstanding the Design Build Entity's financial liability for any damage or losses that may or may not be covered by the builder's risk property insurance provided hereunder, the Design Build Entity shall promptly repair and replace any Work or materials damaged or destroyed during the term of this Project and work to maintain or recover the project schedule. The Design Build Entity shall be responsible to protect the site and segregate all costs associated with any required corrective action, including costs to expedite material and work overtime as necessary to maintain the schedule. 3.29 INDEMNIFICATION 3.29.1 Design Builder shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Design Builder to comply with any applicable law, rules or regulations including those relating to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. 3.29.2 Design Builder shall also defend and indemnify the City against any challenges to the award of the contract 2-15-12 to Design Builder, and Design Builder will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for the City, if the City requests separate counsel. Page22 of 58 General Conditions .~ (,,.... CITY OF ·~CARLSBAD Alga Norte Community Park Solar PV Contract No. 38372 3.29.3 Design Builder shall also defend and indemnify the City against any challenges to the award of the contract to Design Builder, arising in whole or in part from alleged inaccuracies or misrepresentation by the Design Builder, whether intentional or otherwise, and Design Builder will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for the City, if the City requests separate counsel. 3.29.4 Design Builder shall also defend and indemnify the City against any attempts by Design Builder's insurance carriers to recover or subrogate against the City for any and all losses arising in connection with Design Builder's performance of work or services under the Contract covered by the insurance 3.29.5 Design Build Entity shall indemnify, defend and hold harmless the City, it's officials, employees, volunteers, City's consultants, City's Representative, City's Representative's consultants, and their respective directors, officers, agents, and employees from and against losses (including without limitation the cost of repairing defective work and remedying the consequences of defective work) arising out of, resulting from, or relating to the following: .1 The failure of Design Build Entity to perform its obligations under the Contract. .2 The inaccuracy of any representation or warranty by Design Build Entity given in accordance with or contained in the Contract Documents . . 3 Any claim of damage or loss by any Subcontractor against the City arising out of any alleged act or omission of Design Build Entity or any other Subcontractor, or anyone directly or indirectly employed by Design Build Entity or any Subcontractor . .4 Any claim of damage or loss resulting from Hazardous Materials introduced, discharged, or disturbed by Design Build Entity as required per Article 3.10.7. 3.29.6 The City shall not be liable or responsible for any accidents, loss, injury (including death) or damages happening or accruing during the term of the performance of the Work herein referred to or in connection therewith, to persons and/or property, and Design Build Entity shall fully indemnify, defend and hold harmless the City and protect the City from and against the same as provided in paragraph 3.28.1 above. In addition to the liability imposed by law upon the Design Build Entity for damage or injury (including death) to persons or property by reason of the negligence of the Design Build Entity, its officers, agents, employees or Subcontractors, which liability is not impaired or otherwise affected hereby, the Design Build Entity shall defend, indemnify, hold harmless, release and forever discharge the City, its officers, employees, and agents from and against and waive any and all responsibility of same for every expense, liability, or payment by reason of any damage or injury (including death) to persons or property suffered or claimed to have been suffered through any negligent act, omission, or willful misconduct of the Design Build Entity, its officers, agents, employees, or any of its Subcontractors, or anyone directly or indirectly employed by either of them or from the condition of the premises or any part of the premises while in control of the Design Build Entity, its officers, agents, employees, or any of its Subcontractors or anyone directly or indirectly employed by either of them, arising out of the performance of the Work called for by this Contract. Design Build Entity agrees that this indemnity and hold harmless shall apply even in the event of negligence of the City, its officers, agents, or employees, regardless of whether such negligence is contributory to any claim, demand, loss, damage, injury, expense, and/or liability; but such indemnity and hold harmless shall not apply (i) in the event of the sole negligence of the City, its officers, agents, or employees; or (ii) to the extent that the City shall indemnify and hold harmless the Design Build Entity for Hazardous Materials pursuant to Article 3.1 0.6. 3.29.7 In claims against any person or entity indemnified under this Article 3.28 that are made by an employee of Design Build Entity or any Subcontractor, a person indirectly employed by Design Build Entity or any Subcontractor, or anyone for whose acts Design Build Entity or any Subcontractor may be liable, the indemnification obligation under this Article 3.28 shall not be limited by any limitation on amount or type of damages, compensation, or benefits payable by or for Design Build Entity or any Subcontractor under workers' compensation acts, disability benefit acts, or other employee benefit acts. 3.29.8 The indemnification obligations under this Article 3.28 shall not be limited by any assertion or finding that the person or entity indemnified is liable by reason of a non-delegable duty. 3.29.9 Design Build Entity shall indemnify the City from and against losses resulting from any claim of damage made 2-15-12 by any Separate Contractor against the City arising out of any alleged acts or omissions of Design Build Entity, any Subcontractor, anyone directly or indirectly employed by either of them, or anyone for whose acts either of them may be liable. Page 23 of 58 General Conditions -~ <~ '.o. CITY 0 f ·~CARLSBAD Alga Norte Community Park Solar PV Contract No. 38372 ,_ ,... ! ! ') ·~ ·; ~. 3.29.1 0 Design Build Entity shall indemnify Separate Contractor from and against losses arising out of the negligent acts, omissions, or willful misconduct of Design Build Entity, any Subcontractor, anyone directly or indirectly employed by either of them, or anyone for whose acts either of them may be liable. 3.29.11 Design Build Entity shall indemnify, defend, and hold harmless the City and its officers, employees, agents, volunteers, and representatives (collectively, "Indemnitee"), against all liability, demands, claims, costs, damages, injury including death, settlements, and expenses (including without limitation, interest and penalties) incurred by Indemnitee arising out of the performance of services or Design Build Entity's other obligations under this Contract, but only in proportion to and to the extent such losses are caused by or result from (1) the negligent acts or omissions of Design Build Entity, its officers. agents, employees, subcontractors, consultants. or any person or entity for whom Design Build Entity is responsible (collectively, "Indemnitor"); (2) the breach by Indemnitor of any of the provisions of this Contract; or (3) willful misconduct by Indemnitor. 3.29.12 The indemnification obligations under this Article 3.28 shall not be limited by any assertion or finding that (1) the person or entity indemnified is liable by reason of non-delegable duty, or (2) the losses were caused in part by the negligence of, breach of contract by, or violation of law by Indemnitee. The obligation to defend shall arise regardless of any claim or assertion that Indemnitee caused or contributed to the losses. Indemnitor's reasonable defense costs (including attorney and expert fees) incurred in providing a defense for lndemnitees shall be reimbursed by the City except to the extent such defense costs arise, under principles of comparative fault, from Indemnitor's (a) negligent acts or omissions; (b) breach of any of the provisions of this Contract; or (c) willful misconduct. 3.29.13 Design Build Entity shall indemnify, defend, and save harmless Indemnitee from and against all loss. cost, expense, royalties, claims for damages or liability, in law or in equity, including, without limitation, attorney's fees, court costs, and other litigation expenses that may at any time arise or be set up for any infringement (or alleged infringement) of any patent, copyright, trade secret, trade name, trademark or any other proprietary right of any person or entity in consequence of the use on the Project by Indemnitee of the Design Materials or Construction Documents (including any method, process, product, concept specified or depicted) supplied by Indemnitor in the performance of this Contract. 3.29.14 Nothing in this Contract, including the provisions of this Article 3, shall constitute a waiver or limitation of any rights which Indemnitee may have under applicable law, including without limitation, the right to implied indemnity. 3.29.15 Design Builder's defense and indemnity obligation herein includes, but is not limited to lawsuits, damages, fines, penalties, attorney's fees and costs arising from claims under the Americans With Disabilities Act (ADA) or other federal or state disability access or discrimination laws arising from Design Builder's Work during the course of construction of the improvements or after the Work is complete. as the result of defects or negligence in Contractor's construction of the improvements. 3.30 STREET CLOSURES, DETOURS, BARRICADES 3.30.1 The Design Builder shall comply with all applicable State, County, and City requirements for closure of streets. The Design Builder shall provide barriers, guards, lights, signs, temporary bridges, flagpersons, and watchpersons. The Design Builder shall be responsible for compliance with additional public safety requirements which may arise. The Design Builder shall furnish and install signs and warning devices and promptly remove them upon completion of the Work. After obtaining the Engineers approval and at least 5 working days before closing, detouring, partially closing or reopening any street, alley or other public thoroughfare the Design Builder shall notify the following: .1 The Civic Projects Manager .2 Carlsbad Fire Department Dispatch .3 Carlsbad Police Department Dispatch .4 Carlsbad Traffic Signals Maintenance .5 Carlsbad Traffic Signals Operations .6 North County Transit District .7 Waste Management (760) 434-2949 (858) 757-3006 (760) 931-2197 (760) 434-2980 (760) 602-7504 (760) 967-2828 (760) 929-9400 The Design Builder shall comply with these requirements. The Design Builder shall obtain the City's Representative's written approval prior to deviating from the requirements of 3.30.1.2 through .7 above. The Design Builder shall obtain the written .~ approval no less than five working days prior to placing any traffic control that affects bus stops. ·~ 2-15-12 Page 24 of 58 General Conditions <<~ CITY OF ~CARLSBAD Alga Norte Community Park Solar PV Contract No. 38372 The Design Builder shall secure approval, in advance, from authorities concerned for the use of any bridges proposed by it for public use. Temporary bridges shall be clearly posted as to load limit, with signs and posting conforming to current requirements covering "signs" as set forth in the Traffic Manual published by the California Department of Transportation. This manual shall also apply to the street closures, barricades, detours, lights, and other safety devices required. All costs involved shall be included in the Bid. Traffic controls shall be in accordance with the plans, The California Manual on 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 Design Builder shall immediately repair said component to its original condition or replace said component and shall restore the component to its original location. In the event that the Design Builder fails to install and/or maintain barricades or such other traffic signs, markings, delineation or devices as may be required herein, the City's Representative may, at his/her sole option, install the traffic signs, markings, delineation or devices and charge the Design Builder twenty dollars ($25.00) per day per traffic sign or device, or the actual cost of providing such traffic control facility, whichever is the greater. 3.31 ALLOWANCES/CONTRACTOR CONTROLLED CONTINGENCY 3.31.1. The Design Builder shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as chosen by the Design Builder and the City in the Subcontractor Selection process defined in the Technical Proposal. 3.31.2 Allowances shall cover the cost to the Design Builder for materials and equipment delivered at the site and all required taxes, less applicable discounts .. 3.31.3 Whenever qualified costs are more or less than the allowance, the Contract Sum shall be adjusted accordingly by Change Order, as per the Change Order process defined herein. These credits/costs will include overhead, profit, insurance, taxes, and all other burdens, 3.31.4 The City reserves the right to cancel an allowance and not execute any of the work defined in that allowance. All costs shown for the allowance plus all overhead, profit, insurance, taxes, and any other indirect costs shall be reimbursed to the City. 3.31.5 All unused portions of the Contractor Controlled contingency (as shown on the Bid Spread Sheet Form from the Price Proposal) shall be returned to the City at the completion of the project. ARTICLE4 ADMINISTRATION OF THE CONTRACT 4.1 ADMINISTRATION OF THE CONTRACT BY THE CITY'S REPRESENTATIVE 4.1.1 The City's Representative will provide limited administration of the Contract as provided in the Contract Documents and will be the representative of the City. The City's Representative will have authority to act on behalf of the City only to the extent provided in the Contract Documents. The City shall designate, from time to time, one or more representatives authorized to act on the City's behalf with respect to the Project, together with the scope of his/her respective authority. Functions for which this Contract provides will be performed by the City may be delegated by the City only by written notice to the Design Build Entity from the City. The Design Build Entity shall not be entitled to rely on directions {nor shall it be required to follow the directions) from anyone outside the scope of that person's authority as set forth in written authorization pursuant to this Contract. Directions and decisions made by the City's Representative within his/her respective authority shall be binding on the City. 4.1.2 During the term of this Contract, the City's Representative shall have the right to review Design Build Entity's Design Professionals' Work at such intervals as deemed appropriate by the City's Representative. However, no actions taken during such review or site visit by the City's Representative shall relieve Design Build Entity of any of its obligations of single-point responsibility for the design and construction of this Project, nor form the basis for a Claim if such actions extend the Contract Completion Date beyond the Contract Time. 2-15-12 Page 25 of 58 General Conditions c CITY OF CARLSBAD Alga Norte Community Park Solar PV Contract No. 38372 4.1.3 The City's Representative will not have control over, will not be in charge of, and will not be responsible for design or construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs in connection with the Work, since these are solely Design Build Entity's responsibility. 4.1.4 Except as otherwise provided in the Contract Documents or when direct communications have been specifically authorized, the City and Design Build Entity shall communicate through the City's Representative. Except when direct communication has been specifically authorized in writing by the City's Representative, communications by Design Build Entity with the City's consultants and City's Representative's consultants shall be through the City's Representative. Communications by the City and City's Representative with Subcontractors will be through Design Build Entity. Communications by Design Build Entity and Subcontractors with Separate Contractors shall be through the City's Representative. Design Build Entity shall not rely on oral or other non-written communications. 4.1.5 Based on the City's Representative's Project site visits, review of Design Work, and evaluations of Design Build Entity's Applications For Payment, the City's Representative will recommend amounts, if any, due Design Build Entity and will issue Certificates For Payment in such amounts. 4.1.6 The City's Representative will have the authority to reject the Work, or any portion thereof, which does not conform to the Contract Documents. The City's Representative will have the authority to stop the Work, or any portion thereof. Whenever the City's Representative considers it necessary, or advisable, for implementation of the intent of the Contract Documents, the City's Representative will have the authority to require additional inspection or testing of the Work in accordance with the Contract Documents, whether or not such Work is fabricated, installed, or completed. However, neither authority of the City's Representative conferred by the Contract Documents nor any decision made in good faith either to exercise, or to not exercise such authority, will give rise to a duty or responsibility of the City or City's Representative to Design Build Entity, or any person or entity claiming under, or through, Design Build Entity. 4.1.7 The City's Representative will have the authority to conduct inspections as provided in the Contract Documents, to take Beneficial Occupancy and to determine the dates of Substantial Completion and Final Completion; will receive for review and approval any records, written warranties, and related documents required by the Contract Documents and assembled by Design Build Entity; and will issue a final Certificate For Payment upon Design Build Entity's compliance with the requirements of the Contract Documents. 4.1.8 The City's Representative will be, in the first instance, the interpreter of the requirements of the Contract Documents and the judge of performance thereunder by Design Build Entity. Should Design Build Entity discover any conflicts, omissions, or errors in the Construction Documents or the Contract Documents; have any questions about the interpretation or clarification of the Contract Documents; question whether Work is within the scope of the Contract Documents; then, before proceeding with the Work affected, Design Build Entity shall notify the City's Representative in writing and request interpretation, or clarification. The City's Representative's response to questions and requests for interpretations, clarifications, instructions, or decisions will be made with reasonable promptness. Should Design Build Entity proceed with the Work affected before receipt of a response from the City's Representative, any portion of the Work which is not done in accordance with the City's Representative's interpretations, clarifications, instructions, or decisions shall be removed or replaced and Design Build Entity shall be responsible for all resultant losses. 4.2 DESIGN BUILDER CHANGE ORDER 4.2.1 Design Build Entity may request changes to the Contract Sum and/or Contract Time for Extra Work, materially differing site conditions, or delays to Final Completion of the Work. 4.2.2 Conditions precedent to obtaining an adjustment of the Contract Sum and/or Contract Time payment of money, or other relief with respect to the Contract Documents, for any other reason, are: .1 Timely submission of a Change Order Request that meets the requirements of Articles 4.2.3.1 and 4.2.3.2 below; and .2 If requested, timely submission of additional informational requested by the City's Representative pursuant to Article 4.2.3.3 below. 4.2.3 Change Order Request: 2-15-12 Page 26 of 58 General Conditions ' -CITY OF CARLSBAD Alga Norte Community Park Solar PV Contract No. 38372 4.2.3.1 A Change Order Request will be deemed timely submitted if, and only if, it is submitted within 7 days of the date the Design Build Entity discovers, or reasonably should discover the circumstances giving rise to the Change Order Request, unless additional time is allowed in writing by the City's Representative for submission of the Change Order Request, provided that if: .1 The Change Order Request includes compensation sought by a Subcontractor; AND .2 The Design Build Entity requests in writing to the City's Representative, within the 7 -day time period, additional time to permit Design Build Entity to conduct an appropriate review of the Subcontractor Change Order Request, then the time period for submission of the actual Change Order Request shall be extended by the number of days specified in writing by the City's Representative. 4.2.3.2 A Change Order Request must state that it is a Change Order Request, state and justify the reason for the request, and specify the amount of any requested adjustment of the Contract Sum, Contract Time, and/or other monetary relief. If the Design Build Entity requests an adjustment to the Contract Sum or other monetary relief, the Design Build Entity shall submit the following with the Change Order Request: .1 A completed Cost Proposal in the form contained in the Price Proposal Exhibits meeting the requirements of Article 7 of the General Conditions; OR .2 A partial Cost Proposal and a declaration of what required information is not then known to Design Build Entity. If Design Build Entity failed to submit a completed Cost Proposal with the Change Order Request, Design Build Entity shall submit a completed Cost Proposal meeting the requirements of Article 7 within 7 days of the date the Design Build Entity submitted the Change Order Request unless additional time is allowed by the City's Representative. 4.2.3.3 Upon request of the City's Representative, Design Build Entity shall submit such additional information as may be requested by the City's Representative for the purpose of evaluating the Change Order Request. Such additional information may include: .1 If Design Build Entity seeks an adjustment of the Contract Sum or other monetary relief, actual cost records for any changed or extra costs (including without limitation, payroll records, material and rental invoices and the like), shall be submitted by the deadline established by the City's Representative, who may require such actual cost records to be submitted and reviewed, on a daily basis, by the City's Representative and/or representatives of the City's Representative . . 2 If Design Build Entity seeks an adjustment of the Contract Time, written documentation demonstrating Design Build Entity's entitlement to a time extension under Article 8.4, which shall be submitted within 15 days of the date requested unless the City's Representative requires an earlier submission. If requested, Design Build Entity may submit documentation in support of its request for a time extension. The City may, but is not obligated to, grant a time extension. If deemed appropriate by the City's Representative, Design Build Entity shall submit a more detailed schedule analysis in support of its request for a time extension . . 3 If Design Build Entity seeks an adjustment of the Contract Sum or other monetary relief for delay, written documentation demonstrating Design Build Entity's entitlement to such an adjustment under Article 7.3.9 of the General Conditions, which shall be submitted within 15 days of the date requested . .4 Any other information requested by the City's Representative for the purpose of evaluating the Change Order Request, which shall be submitted by the deadline established by the City's Representative. 4.2.4 The City's Representative will make a decision on a Change Order Request, within a reasonable time, after receipt of a Change Order Request. In the event the Change Order Request is submitted pursuant to Article 8.4.1, the City's Representative shall promptly review and accept or reject it within thirty (30) days. A final decision is any decision on a Change Order Request which states that it is final. If the City's Representative issues a final decision denying a Change Order Request in whole or in part, Design Build Entity may contest the decision by filing a timely Claim under the procedures specified in Article 4.3 of the General Conditions. 4.2.5 Design Build Entity may file a written demand for a final decision by the City's Representative on all or part of any Change Order Request as to which the City's Representative has not previously issued a final decision pursuant to Article 4.2.4 ,_, of the General Conditions; such written demand may not be made earlier than the 30th day after submission of the Change ~ Order Request. Within 30 days of receipt of the demand, the City's Representative will issue a final decision on the Change 2-15-12 Page 27 of 58 General Conditions c c CITY OF CARLSBAD Alga Norte Community Park Solar PV Contract No. 38372 Order Request. The City's Representative's failure to issue a decision within the 30-day period shall be treated as the issuance, on the last day of the 30-day period, of a final decision to deny the Change Order Request in its entirety. 4.3 CLAIMS 4.3.1 The term "Claim" means a written demand or assertion by Design Build Entity seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time, or other relief with respect to the Contract Documents, including a determination of disputes or matters in question between the City and Design Build Entity arising out of or related to the Contract Documents or the performance of the Work. However, conditions listed below are not included in the term "Claim", and are not included in the Claims procedures provided under this Article 4, .1 Claims regarding penalties for forfeitures prescribed by statute or regulation that a government agency is specifically authorized to administer, settle, or determine . . 2 Claims regarding personal injury, death, reimbursement, or other compensation arising out of or resulting from liability for personal injury or death . . 3 Claims by the City, except as set forth in Article 4.7.4 of the General Conditions . .4 Claims respecting stop notices. 4.3.2 A Claim arises upon the issuance of a written final decision denying in whole or in part Design Build Entity's Change Order Request pursuant to Article 4.2.4 of the General Conditions. 4.3.3 A Claim must include the following: .1 A statement that it is a Claim and a request for a decision pursuant to Article 4.5 of the General Conditions. .2 A detailed factual narrative of events fully describing the nature and circumstances giving rise to the Claim, including but not limited to, necessary dates, locations, and items of work affected . . 3 A certification, executed by Design Build Entity, that the claim is filed in good faith. The certification must be made on the Claim Certification form, included in the Standard Forms to the Contract. The language of the Claim Certification form may not be modified . .4 A certification, executed by each Subcontractor claiming more than 5% of the total monetary amount sought by the claim, that the Subcontractor's portion of the claim is filed in good faith. The certification must be made on the Claim Certification form, included in the Standard Forms to the Contract. The language of the Claim Certification form may not be modified . . 5 A statement demonstrating that a Change Order Request was timely submitted as required by Article 4.2.4 of the General Conditions . . 6 If a Cost Proposal or declaration was required by Article 4.2.3 of the General Conditions, a statement demonstrating that the Cost Proposal or the declaration was timely submitted as required by Article 4.2.3 of the General Conditions . . 7 A detailed justification for any remedy or relief sought by the Claim, including to the extent applicable, the following: 2-15-12 .1 If the Claim involves Extra Work, an estimate of the costs must of the amounts claimed, including the items specified in Article 7.3.2 of the General Conditions. The cost breakdown must be provided even if the costs claimed have not been incurred when the Claim is submitted. To the extent costs have been incurred when the Claim is submitted, the Claim must include actual cost records (including without limitation, payroll records, material and rental invoices and the like) demonstrating that costs claimed have actually been incurred. To the extent costs have not yet been incurred at the time the Claim is submitted, actual cost records must be submitted on a current basis not less than once a month during any periods costs are incurred. A cost record will be considered current if submitted within 30 days of the date the cost reflected in the record is incurred. At the request of the City's Representative, claimed extra costs may be subject to further verification procedures (such as having an inspector verify the performance of alleged Extra Work Page 28 of 58 General Conditions c CITY OF CARLSBAD Alga Norte Community Park Solar PV Contract No. 38372 on a daily basis). The cost breakdown must include an itemization of costs fori) labor including names, classifications, regular hours and overtime hours worked, dates worked, and other pertinent information; ii) materials stored or incorporated in the work including invoices, purchase orders, location of materials either stored or incorporated into the work, dates materials were transported to the project or incorporated into the work, and other pertinent information; and iii) itemization of machinery and equipment including make, model, hours of use, dates of use and equipment rental rates of any rented equipment. .2 The Design Build Entity shall be responsible for all errors and omissions contained within the Construction Documents . . 3 If the Claim involves an extension of the Contract Time, written documentation demonstrating the Design Build Entity's entitlement to a time extension under Article 8.4 of the General Conditions, including the specific dates for which a time extension is sought and the specific reasons for entitlement of a time extension . .4 If the Claim involves an adjustment of the Contract Sum for delay, written documentation demonstrating the Design Build Entity's entitlement to such an adjustment under Article 7.3.9 of the General Conditions, including but not limited to, a detailed time impact analysis of the Contract Schedule. The Contract Schedule must demonstrate Design Build Entity's entitlement to such an adjustment under Article 7.3.9 ofthe General Conditions. 4.4 ASSERTION OF CLAIMS 4.4.1 Claims by Design Build Entity shall be first submitted to the City's Representative for decision. 4.4.2 Notwithstanding the making of any Claim or the existence of any dispute regarding any Claim, unless otherwise directed by the City's Representative, Design Build Entity shall not cause any delay, cessation, or termination in or of Design Build Entity's performance of the Work, but shall diligently proceed with performance of the Work in accordance with the Contract Documents. 4.4.3 Design Build Entity shall submit a Claim in writing, together with all supporting data specified in Article 4.3.3 of the General Conditions, to the City's Representative as soon as possible but not later than 30 days after the date the Claim arises under Article 4.3.2 of the General Conditions, provided that after written notification to the City's Representative within such time period, the time period for submission of the Claim shall be extended by the number of days specified in writing by the City's Representative where the Claim includes compensation sought by a Subcontractor and the Design Build Entity requests an extension of time to permit it to discharge its responsibilities to conduct an appropriate review of the Subcontractor claim. 4.4.4 Design Build Entity agrees that strict compliance with the requirements of Articles 4.2, 4.3, and 4.4 of the General Conditions are conditions precedent to Design Build Entity's right to arbitrate or litigate a Claim. Design Build Entity specifically agrees to assert no Claims in arbitration or litigation unless there has been strict compliance with Articles 4.2, 4.3, and 4.4 of the General Conditions. The failure of Design Build Entity to strictly comply with the requirements of Articles 4.2, 4.3 and 4.4 of the General Conditions constitutes a failure by Design Build Entity to exhaust its administrative remedies with the City, thereby denying any court or arbitration panel of jurisdiction to adjudicate the Claim. 4.5 DECISION OF CITY'S REPRESENTATIVE ON CLAIMS 4.5.1 The City's Representative will timely review Claims submitted by Design Build Entity. If the City's Representative determines that additional supporting data are necessary to fully evaluate a Claim, the City's Representative will request such additional supporting data in writing. Such data shall be furnished no later than 10 days after the date of such request. the City's Representative will render a decision promptly and in any case within 30 days after the later of the receipt of the Claim or the deadline for furnishing such additional supporting data; provided that, if the amount of the Claim is in excess of $50,000, the aforesaid 30-day period shall be 60 days. Failure of the City's Representative to render a decision by the applicable deadline will be deemed a decision denying the Claim on the date of the deadline. The decision of the City's Representative will be final and binding unless appealed in accordance with Articles 4.5.2, and 4.5.3,of the General Conditions. ~· The City's Representative's decision on a Claim or dispute will include a statement substantially as follows: ~ 2-15-12 Page 29 of 58 General Conditions c c CITY OF CARLSBAD Alga Norte Community Park Solar PV Contract No. 38372 "This is a decision under Article 4.5 of the General Conditions of your contract. If you are dissatisfied with the decision, and if you complied with the procedural requirements for asserting claims specified in Article 4 of the General Conditions of your contract, you must follow the procedures in Article 4.7. If you fail to take appropriate action with 30 days of the date of this decision, the decision shall become final and binding and not subject to further appeal." 4.5.2 If either Design Build Entity or the City disputes the City's Representative's decision on a Claim, such party (the "Disputing Party") must either provide a written notice its election to proceed under Article 4.7 within 30 days after the decision of the City's Representative or, if no decision has been issued, within 30 days from the date of the applicable deadline in Article 4.5.1 of the General Conditions for the City's Representative to render a decision. 4.5.3 If a notice of election to proceed under Article 4. 7 is not given by either party within 30 days after the decision of the City's Representative. the City's Representative's decision on the Claim will be final and binding and not subject to appeal or challenge. 4.5.4 NOT USED 4.5.5 Any dispute which cannot be resolved between the parties shall be resolved through litigation shall be filed in the Superior Court of the State of California, in the County of San Diego. Design Build Entity agrees to incorporate this provision into all subcontracts. 4.5.6 The parties will attempt in good faith to resolve any controversy or Claim arising out of or relating to this Contract by negotiation. 4. 6 NOT USED 4.7 DISPUTE RESOLUTION 4.7.1 Claims between the City and the Design Build Entity of $375,000 or less shall be resolved in accorance with the procedures establised in Part 3, Chapter 1, Article 1.5 off the California Public Contract Code, §§ 20104 et seq.; provided however that California Public Contract Code§ 20104.2 shall not supersede the requirements of the Contract Documents with respect to the Contractor's notification to the City of such claim or extend the time for giving of such notice as provideded in the Contract Documents. 4.7.2 Except as provided in Article 4.7.2 any other claims. disputes or other matters in controversy shall be resolved as follows. In lieu of, or prior to litigation, the parties shall endeavor to settle disputes by mediation in accordance with the Construction Industry Mediation Rules of the American Arbitration Association then in effect unless the parties mutualy agree otherwise to a different method of alternative dispute resolution. 4.8 WAIVER 4.8.1 A waiver of, or failure by, the City or City's Representative to enforce any requirement in this Article 4, including, without limitation, the requirements in Articles 4.2, 4.3, 4.4, and 4.5 in connection with any Claim shall not constitute a waiver of, and shall not preclude the City or City's Representative from enforcing, such requirements in connection with any other Claims. 4.8.2 The Design Build Entity agrees and understands that no oral approval, either express or implied, of any Claim shall be binding upon the City unless and until such approval is ratified by execution of a written Change Order. ARTICLE 5 SUBCONTRACTORS 5.1 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK 5.1.1 Design Build Entity shall submit to the City's Representative an updated Expanded List of Subcontractors (see contract Standard Forms) along with their respective addresses, telephone numbers, e-mail addresses and Design Builder's license numbers. The Expanded List of Subcontractors shall be provided no later than thirty (30) days after the date which the City provides Letter of Design Review. If the Project is to proceed on a fast track/phased basis as identified in the exhibits, then a 2-15-12 Page 30 of 58 General Conditions c c CITY OF CARLSBAD Alga Norte Community Park Solar PV Contract No. 38372 Letter of Design Review will be issued by the City for each such design submittal associated with a particular phase and identified in the Standard Forms. Failure to identify Subcontractors within the time period(s) above shall commit the Design Build Entity to carrying out the Construction Work with its own forces. 5.1.2 The City has the right to request all documentation that supports the Design Build Entity's selection of a Subcontractor. The City shall have the right of final approval as to the qualification(s) of a Subcontractor to perform its designated scope of work. Within the City's sole discretion, any Subcontractor may be deemed not qualified to perform work on the Project if the City or City's Representative determines that the Subcontractor fails to meet the requirements of the Contract Documents, or for any other reason. 5.1.3 The Subcontractors listed by Design Build Entity shall only be substituted in strict accordance with the "Subletting and Subcontracting Fair Practices Act" and upon the written consent of the City. Only upon compliance with the "Subletting and Subcontracting Fair Practices Act" and with the written consent of the City shall a substitution be made. 5.1.4 Any increase in the cost of the Work resulting from the replacement or substitution of a Subcontractor pursuant to above Article 5.1 .3 or as required by the City or City's Representative pursuant to above Article 5.1.2, shall be borne solely by Design Build Entity. Design Build Entity shall not be entitled to any increase in Contract Sum or an extension of Contract Time due to such replacement or substitution. 5.2 SUBCONTRACTUAL RELATIONS 5.2.1 Any part of the Work performed for Design Build Entity by a first-tier Subcontractor shall be pursuant to a written subcontract. Each such subcontract shall require the Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to Design Build Entity by the terms and conditions of the Contract Documents between the City and the Design Builder, to assume toward Design Build Entity all the obligations and responsibilities which Design Build Entity assumes towards the City by the Contract Documents, and to perform such portion of the Work in accordance with the Contract Documents. Each such subcontract shall preserve and protect the rights of the City under the Contract Documents, with respect to the Work to be performed by Subcontractor, so that subcontracting thereof will not prejudice such rights. Design Build Entity shall cause each such subcontract to expressly include the following requirements: .1 Subcontractor waives all rights that Subcontractor may have against the City for damages caused by fire or other perils covered by builder's risk property insurance carried by Design Build Entity or the City, except for such rights Subcontractor may have to the proceeds of such insurance held by the City under Article 11 of the General Conditions . . 2 The City, and entities and agencies designated by the City, will have access to and the right to audit and the right to copy, at City's cost, all of Subcontractor's books, records, contracts, correspondence, instructions, drawings, receipts, vouchers, purchase orders, and memoranda relating to the Work. Subcontractor shall preserve all such records and other items for a period of at least 3 years after Final Completion . . 3 Subcontractor recognizes the rights of the City under Article 5.3 of the General Conditions, Contingent Assignment of Subcontracts, and agrees, upon notice from the City that the City has elected to accept said assignment and to retain Subcontractor pursuant to the terms of the subcontract, to complete the unperformed obligations under the subcontract and, if requested by the City, to execute a written agreement confirming that Subcontractor is bound to City under the terms of the subcontract . .4 Design Build Entity is responsible for reviewing and coordinating the Work of and among his Subcontractors and Design Professionals. This review and coordination includes, but is not limited to, resolution of any inconsistencies, errors or omissions . . 5 Bonds and Insurance between any Subcontractor and Design Builder is between the two parties and the responsibility of the two parties. 5.2.2 Upon the request of the City, Design Build Entity shall promptly furnish to the City a true, complete, and executed copy of any subcontract. 5.2.3 Nothing contained in the Contract Documents shall create any contractual relationship between any Subcontractor and City, except when, and only to the extent that, the City elects to accept the assignment of the subcontract with such Subcontractor pursuant to Article 5.3 of the General Conditions, Contingent Assignment of Subcontracts. 2-15-12 Page 31 of 58 General Conditions c c C I TV 0 f CARLSBAD 5.3 CONTINGENT ASSIGNMENT OF SUBCONTRACTS Alga Norte Community Park Solar PV Contract No. 38372 5.3.1 Design Build Entity hereby assigns to the City all its interest in first-tier subcontracts now or hereafter entered into by Design Build Entity for performance of any part of the Work. The assignment will be effective upon acceptance by the City in writing and only as to those subcontracts which the City designates in writing. The City may accept said assignment at any time during the course of the Work and prior to Final Completion in the event of a suspension or termination of Design Build Entity's rights under the Contract Documents. Such assignment is part of the consideration to the City for entering into the Contract with Design Build Entity and may not be withdrawn prior to Final Completion. ARTICLE6 CONSTRUCTION BY THE CITY OR BY SEPARATE CONTRACTORS 6.1 THE CITY'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS 6.1.1 The City reserves the right to award separate contracts for, or to perform with its own forces, construction or operations related to the Work or other construction or operations at or affecting the Project site, including portions of the Work which have been deleted by Change Order. Design Build Entity shall cooperate with the City's forces and Separate Contractors. 6.1.2 The City will provide coordination of the activities of the City's forces and of each Separate Contractor with the Work of Design Build Entity. Design Build Entity shall participate with the City and Separate Contractors in joint review of construction schedules and Project requirements when directed to do so. Design Build Entity shall make necessary revisions to the Contract Schedule after such joint review. 6.2 MUTUAL RESPONSIBILITY 6.2.1 Design Build Entity shall afford the City and Separate Contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities. Design Build Entity shall connect, schedule, and coordinate its construction and operations with the construction and operations of the City and Separate Contractors as required by the Contract Documents. 6.2.2 If a portion of the Work is dependent upon the proper execution or results of other construction or operations by the City or Separate Contractors, Design Build Entity shall inspect such other design or construction or operations before proceeding with that portion of the Work. Design Build Entity shall promptly report to the City's Representative apparent discrepancies or defects which render the other design, construction or operations unsuitable to receive the Work. Unless otherwise directed by the City's Representative, Design Build Entity shall not proceed with the portion of the Work affected until apparent discrepancies or defects have been corrected. Failure of Design Build Entity to so report within a reasonable time after discovering such discrepancies or defects shall constitute an acknowledgment that the other construction or operations by the City or Separate Contractors is suitable to receive the Work, except as to defects not then reasonably discoverable. 6.3 CITY'S RIGHT TO CLEAN UP 6.3.1 If a dispute arises between Design Build Entity and Separate Contractors as to the responsibility under their respective contracts for maintaining the Project site and surrounding areas free from waste materials and rubbish, the City may clean up and allocate the cost between those firms it deems to be responsible. ARTICLE 7 CHANGES IN THE WORK 7.1 CHANGES 7.1.1 The City may, from time to time, order or authorize additions, deletions, and other changes in the Work by Change Order or Field Order without invalidating the Contract and without notice to sureties. Absence of such notice shall not relieve such sureties of any of their obligations to the City. 2-15-12 Page 32 of 58 General Conditions c CITY OF CARLSBAD \.A L ! , '.. Alga Norte Community Park SolarPV Contract No. 38372 7 .1.2 Design Build Entity may request a Change Order under the procedures specified in Article 4.2 of the General Conditions. 7.1.3 A Field Order may be issued by the City, does not require the agreement of Design Build Entity, and shall be valid with or without the signature of Design Build Entity. 7.1.4 Design Build Entity shall proceed promptly with any changes in the Work, unless otherwise provided in the relevant Change Order or Field Order. 7.2 CHANGES DEFINITIONS 7.2.1 A Change Order is a Contract Document (as shown in the Standard Forms) which has been signed by both the City and Design Build Entity, and states their agreement, as applicable, to any of the following: .1 A change in the Work . . 2 The amount of an adjustment of the Contract Sum . . 3 The amount of an adjustment of the Contract Time . .4 A modification to any other Contract term or condition. 7.2.2 A Unilateral Change Order may also be issued by the City, without Design Build Entity's signature, where the City determines that a change in the Work requires an adjustment of the Contract Sum or Contract Time as the City believes to be properly due Design Build Entity, even though no agreement has been reached between the City and Design Build Entity with regard to such change in the Work. 7.2.3 A Field Order (as shown in the Standard Forms) is a Contract Document issued by the City that orders the Design Build Entity to perform Work. A Field Order may, but need not, constitute a change in the Work and may, but need not, entitle Design Build Entity to an adjustment of the Contract Sum or Contract Time. 7.3 CHANGE ORDER PROCEDURES 7.3.1 Design Build Entity shall provide a Change Order Request and Cost Proposal pursuant to Article 4.2 of the General Conditions and this Article 7.3. Adjustments of the Contract Sum resulting from Extra Work and Deductive Work shall be determined using one of the methods described in this Article 7.3. Adjustments of the Contract Time shall be subject to the provisions in Article 8 of the General Conditions. Design Build Entity's obligation to provide Cost Proposals shall be subject to the following: .1 The obligation of Design Build Entity to provide Cost Proposals is not Extra Work, and shall not entitle the Design Build Entity to an adjustment of the Contract Sum or Contract Time . . 2 The failure of Design Build Entity to timely provide a Cost Proposal pursuant to Article 4.2 of the General Conditions and this Article 7.3.1 is a material breach of the Contract. Design Build Entity shall be responsible for any delay in implementing a change for which Design Build Entity failed to timely provide a Cost Proposal consistent with the requirements of Article 4.2 of the General Conditions and this Article 7 .3.1. 7.3.2 The term "Cost of Extra Work" as used in this Article 7.3 shall mean actual costs incurred or to be incurred by Design Build Entity and each Subcontractor regardless of tier involved, to the extent not otherwise disallowed under Article 7.3.3, and shall be limited to the following (to the extent the Design Build Entity demonstrates that the costs are both reasonable and actually incurred, if such costs have been incurred): .1 Straight-time wages or salaries for employees employed at the Project site, or at fabrication sites off the Project site, incurred as a result of performance of the Extra Work . . 2 Fringe Benefits and Payroll Taxes for employees employed at the Project site, or at fabrication sites off the Project site, incurred as a result of performance of the Extra Work. Except: Bonuses, cell phone units and portable computers, entertainment, etc. 2-15-12 Page 33 of 58 General Conditions r "-" ~ '( •'"' CITY 0 F '\ ~ CARLSBAD Alga Norte Community Park Solar PV Contract No. 38372 .3 Overtime wages or salaries, specifically authorized in writing by the City's Representative, for employees employed at the Project site, or at fabrication sites off the Project site, incurred as a result of performance of the Extra Work . .4 Fringe Benefits and Payroll Taxes for overtime Work specifically authorized in writing by the City's Representative, for employees employed at the Project site, or at fabrication sites off the Project site, incurred as a result of performance of the Extra Work . . 5 Costs of materials and consumable items which are furnished and incorporated into the Extra Work, as approved by the City's Representative. Such costs shall be charged at the lowest price available to the Design Build Entity but in no event shall such costs exceed competitive costs obtainable from other Subcontractors, suppliers, manufacturers, and distributors in the area of the Project site. All discounts, rebates, and refunds and all returns from sale of surplus materials and consumable items shall accrue to the City and Design Build Entity shall make provisions so that they may be obtained . . 6 Sales taxes on the costs of materials and consumable items which are incorporated into and used in the performance of the Extra Work pursuant to Article 7 .3.2.5 above . . 7 Rental charges for necessary machinery and equipment, whether owned or hired, as authorized in writing by the City's Representative, exclusive of hand tools, used directly in the performance of the Extra Work. Such rental charges shall not exceed the current Equipment Rental Rates published by the California Department of Transportation for the area in which the work is performed. Such rental rates are found at http://www.dot.ca.gov/hq/construc/equipmnt.html . Design Build Entity shall attach a copy of said schedule to the Cost ProposaL The charges for any machinery and equipment shall cease when the use thereof is no longer necessary for the Extra Work . . 8 Additional costs of royalties and permits due to the performance of the Extra Work . . 9 Cost for revisions in the Construction Documents, when such revisions are inconsistent with approvals or instructions previously given by the City. Revisions made necessary by adjustments in the City's program or project budget such costs to be computed at the hourly rates specified in the Design Professional Rate Schedule in the Contract Documents . . 10 The cost for Insurance and Bonds shall be actual and mirror overall contract terms .1 through .9 above. The City and Design Build Entity may agree upon rates to be charged for any of the items listed in this Article 7.3.2. Such agreed upon rates shall be subject to audit pursuant to Article 15.7 of the General Conditions. Design Build Entity shall promptly refund to the City any amounts (including associated mark-ups) in excess of the actual costs of such items. 7.3.3 Cost of Extra Work shall not include any of the following: .1 .3 .4 .5 .6 .7 . 8 . 9 . 10 .11 .12 . 13 2-15-12 Superintendent(s).2 Assistant Superintendent(s) Project Engineer(s) Project Manager(s) Scheduler( s) Estimator( s) Small tools (Replacement value does not exceed $300) Office expenses including staff, materials and supplies . On-site or off-site trailer and storage rental and expenses . Site fencing . Utilities including gas, electric, sewer, water, telephone, facsimile, copier equipment. Data processing personnel and equipment. Federal, state, or local business income and franchise taxes . Page 34 of 58 General Conditions CITY 0 F CARLSBAD .14 Overhead and Profit. Alga Norte Community Park Solar PV Contract No. 38372 .15 Costs and expenses of any kind or item not specifically and expressly included in Article 7.3.2 above . . 16 Costs in Article 7.3.2.9 in excess of the hourly rates included in the Design Professional Rate Schedule. 7.3.4 The term "Design Build Entity Fee" shall mean the full amount of compensation, both direct and indirect (including without limitation all overhead and profit), to be paid to Design Build Entity for its own Work and the Work of all Subcontractors, for all costs and expenses not included in the Cost of Extra Work, whether or not such costs and expenses are specifically referred to in Article 7.3.3 above. The Design Build Entity Fee shall not be compounded. The Design Build Entity Fee shall be computed as follows when the change impacts the Construction Work, or for the portion of the change that is related to Construction Work: .1 Ten percent ( 10%) of the cost of that portion of the Extra Work to be performed by the Design Build Entity with its own forces . . 2 Ten percent (10%) of the cost of that portion of the Work to be performed by a Subcontractor with its own forces, plus 5% for the Design Build Entity. Total combined Design Build Entity and Subcontractor fee shall not exceed 15% . . 3 Ten percent (10%) of the cost of that portion of the Work to be performed by a sub-Subcontractor with its own forces, or any lower tier of Subcontractor, plus 5% for the Subcontractor, plus 5% for the Design Build Entity. Total combined Design Build Entity, Subcontractor and all sub-Subcontractor fees shall not exceed 20% . .4 Notwithstanding the foregoing, the Design Build Entity Fee for additional Design Work under 7.3.2.9 of the General Conditions shall be 3% of the cost of such additional Design Work performed by a Design Professional. The cost of such additional Design Work shall be computed using the hourly rates in the Standard Forms. The fee for the Design Professional Subcontractors shall be the overhead/profit rate specified in the Design Professional Rate Schedule. 7.3.5 Compensation for Extra Work shall be computed on the basis of one or more of the following: .1 Where the Work involved is covered by Unit Prices contained in the Contract Documents, by application of the Unit Prices to the quantities of the items involved . . 2 Where the Work involved is not covered in the RFP or by Unit Prices contained in the Contract Documents, by application of the Unit Prices in 2012 RS Means Cost Data multiplied by the quantity to be adjusted multiplied by the appropriate adjustment factor. .3 Where the Work involved requires revisions to the Construction Documents when such revisions are inconsistent with approvals or instructions previously given by the City, including revisions made necessary by adjustments in the City's program or project budget, by application of the hourly rates reflected in the Design Professional Rate Schedule . .4 Where Articles 7.3.5.1, 7.3.5.2 and 7.3.5.3 above are not applicable, a mutually agreed upon lump sum supported by a Cost Proposal pursuant to Article 7.3.1 of the General Conditions . . 5 If the City and Design Build Entity cannot agree upon a lump sum, by Cost of Extra Work plus Design Build Entity Fee applicable to such Extra Work. 7.3.6 As a condition to Design Build Entity's right to an adjustment of the Contract Sum, pursuant to Article 7.3.5.5 above, Design Build Entity must keep daily detailed and accurate records itemizing each element of cost and shall provide substantiating records and documentation, including time cards and invoices. Such records and documentation shall be submitted to and approved by the City's Representative on a daily basis. 7.3.7 For Work to be deleted by Change Order, the reduction of the Contract Sum shall be computed on the basis of one or more of the following: .1 Unit Prices stated in the Contract Documents. 2-15-12 Page 35 of 58 General Conditions I"' '-' c CITY 0 f CARLSBAD Alga Norte Community Park Solar PV Contract No. 38372 .2 Unit Prices agreed upon by the City and Design Build Entity . . 3 Where Unit Prices are not applicable, a lump sum agreed upon by the City and Design Build Entity, based upon the actual costs which would have been incurred in performing the deleted portions of the Work as calculated in accordance with Articles 7 .3.2 and 7 .3.3 above and supported by a Cost Proposal pursuant to Article 7 .3.1 above. 7.3.8 If any one Change involves both Extra Work and Deleted Work in the same portion of the Work, a Design Build Entity Fee will not be allowed if the deductive cost exceeds the additive cost. If the additive cost exceeds the deductive cost, a Design Build Entity Fee will be allowed only on the difference between the two amounts. 7.3.9 The Contract Sum will be adjusted for a delay if, and only if, Design Build Entity demonstrates that all of the following four conditions are met: .1 Condition Number One: The delay results in an extension of the Contract Time pursuant to Article 8.4.1 of the General Conditions . . 2 Condition Number Two: The delay is caused solely by one, or more of the following: .1 An error or omission in the Contract Documents caused by the City and not as a result of Design Build Entity's failure to conform to criteria documents, performance standards, Construction Documents, or Contract Documents; or .2 .3 .4 The City's decision to change the scope of the Work, where such decision is not the result of any default or misconduct of the Design Build Entity; or The City's decision to suspend the Work, where such decision is not the result of any default or misconduct of the Design Build Entity; or The failure of the City (including the City acting through its consultants, Design Professionals, Separate Contractors or the City's Representative) to perform any Contract obligation where the failure to so perform is not the result of any default or misconduct of the Design Build Entity . . 5 A materially differing site condition pursuant to Article 3.24 of the General Conditions . . 3 Condition Number Three: The delay is not concurrent with a delay that is caused by an event other than those listed in Article 7.3.9.2 above . .4 Condition Number Four: The delay is not caused, in whole or in part, by an event which occurs during the performance of completing the construction drawings. 7.3.10 For each day of delay that meets all four conditions prescribed in Article 7.3.9 above, the Contract Sum will be adjusted by the daily rate included in the Agreement and specifically identified as the rate to be paid to Design Build Entity for Compensable Delays as agreed upon for the applicable Phase. Pursuant to Article 9.7.4 of the General Conditions, said daily rate shall not apply to delays occurring after Substantial Completion. 7.3.11 Except as provided in Articles 7 and 8, Design Build Entity shall have no claim for damage or compensation for any delay, interruption, hindrance, or disruption. 7.3.12 If for any reason one or more of the conditions prescribed in Article 7.3.9 above is held legally unenforceable, the remaining conditions must be met as a condition to obtaining an adjustment of the Contract Time under Article 7 .3.1 0 above. 7.4 FIELD ORDERS 7.4.1 Field Orders issued by the City's Representative shall be subject to the following: .1 A Field Order may state that it does or does not constitute a change in the Work . . 2 If the Field Order states that it does not constitute a change in the Work and the Design Build Entity asserts that the Field Order constitutes a change in the Work, in order to obtain an adjustment of the Contract Sum or Contract Time for the Work encompassed by the Field Order, Design Build Entity must follow all procedures set forth in 2-15-12 Page 36 of 58 General Conditions c c -~ ·-.\-. CITY Of ·~CARLSBAD Alga Norte Community Park Solar PV Contract No. 38372 Article 4 of the General Conditions, starting with the requirement of submitting a timely Change Order Request within 7 days of Design Build Entity's receipt of the Field Order; failure to strictly follow those procedures is a bar to any Claim for an adjustment of the Contract Sum or Contract Time arising from performance of the Work described in the Field Order . . 3 If the Field Order states that it does constitute a change in the Work, the Work described in the Field Order shall be considered Extra Work and the Design Build Entity shall be entitled to an adjustment of the Contract Sum and Contract Time, calculated under and subject to Design Build Entity's compliance with the procedures for verifying and substantiating costs and delays in Articles 7 and 8 of the General Conditions . .4 In addition, if the Field Order states that it does constitute a change in the Work, the Field Order may or may not contain the City's estimate of adjustment of Contract Sum and/or Contract Time. If the Field Order contains an estimate of adjustment of Contract Sum or Contract Time, the Field Order is subject to the following: .1 The Design Build Entity shall not exceed the City's estimate of adjustment to Contract Sum or Contract Time without written authorization by the City's Representative . . 2 If the Design Build Entity asserts that the change in the Work encompassed by the Field Order may entitle Design Build Entity to an adjustment of Contract Sum or Contract Time in excess of the City's estimate, in order not to be bound by the City's estimate Design Build Entity must follow all procedures set forth in Article 4 of the General Conditions, starting with the requirement of submitting a timely Change Order Request within 7 days of Design Build Entity's receipt of the Field Order; failure to strictly follow those procedures is a bar to any Claim for an adjustment of the Contract Sum or Contract Time, in excess of the City's estimate, arising from performance of the Work described in the Field Order. 7.4.2 Upon receipt of a Field Order, Design Build Entity shall promptly proceed to perform the Work as ordered in the Field Order notwithstanding any disagreement by the Design Build Entity concerning whether the Work is extra. 7.5 VARIATION IN QUANTITY OF UNIT PRICE WORK 7.5.1 The City has the right to increase or decrease the quantity of any Unit price item for which an estimated quantity is stated in the Bid Form. 7.6 WAIVER 7.6.1 A waiver of, or failure by, the City or City's Representative to enforce any requirement in this Article 7, including, without limitation, the requirements in Articles 7.3.6, 7.3.8, 7.3.9, 7.3.10, 7.3.11, or 7.3.12 in connection with any adjustment of the Contract Sum, will not constitute a waiver of, and will not preclude the City, or City's Representative, from enforcing such requirements in connection with any other adjustments of the Contract Sum. 7.6.2 The Design Build Entity agrees and understands that no oral approval, either express or implied, of any adjustment of the Contract Sum by the City or its agents shall be binding upon the City unless and until such approval is ratified by execution of a written change order. ARTICLES CONTRACT TIME 8.1 COMMENCEMENT OF THE WORK 8.1.1 The date of commencement of the Phase of the Work shall be set forth in the applicable Notice To Proceed. The date of commencement of the Work shall not be postponed by the failure of Design Build Entity, Subcontractors, or of persons or firms for whom Design Build Entity is responsible, to act. 8.2 PROGRESS AND COMPLETION 8.2.1 By signing the Agreement: 2-15-12 Page 37 of 58 General Conditions c -~ \~ ~ C lTV 0 f ~CARLSBAD Alga Norte Community Park Solar PV Contract No. 38372 .1 Design Build Entity represents to the City that the Contract Time is reasonable for performing the Work and that Design Build Entity is able to perform the Work within the Contract Time . . 2 Design Build Entity agrees that the City is purchasing the right to have the Design Build Entity present on the Project site for the full duration of the Contract Time applicable to the Construction Phase, even if Design Build Entity could finish the Contract in less than the Contract Time. 8.2.2 Design Build Entity shall not, except by agreement or instruction of the City in writing, commence operations on the Project site or elsewhere prior to the effective date of insurance required by Article 11 of the General Conditions to be furnished by Design Build Entity. The dates of commencement and Final Completion of the Work shall not be changed by the effective date of such insurance. 8.2.3 Design Build Entity shall proceed expeditiously with adequate forces and shall achieve Final Completion of the Work within the Contract Time. If the City's Representative determines and notifies Design Build Entity that Design Build Entity's progress is such that Design Build Entity will not achieve Final Completion of the Work within the Contract Time, Design Build Entity shall immediately and at no additional cost to the City, take all measures necessary, including working such overtime, additional shifts, Sundays, or holidays as may be required to ensure that Design Build Entity will achieve Final completion of the Work within the Contract Time. Upon receipt of such notice from the City's Representative, Design Build Entity shall immediately notify the City's Representative of all measures to be taken to ensure Final Completion of the Work within the Contract Time. Design Build Entity shall reimburse the City for any extra costs or expenses (including the reasonable value of any services provided by the City's employees) incurred by the City as the result of such measures. 8.3 DELAY 8.3.1 Except and only to the extent provided otherwise in Articles 7 and 8 of the General Conditions, by signing the Agreement, Design Build Entity agrees: .1 To bear the risk of delays to the Work; and .2 That Design Build Entity's Proposal for the Contract was made with full knowledge of this risk. 8.3.2 In agreeing to bear the risk of delays to the Work, Design Build Entity understands tha~ except and only to the extent provided otherwise in Articles 7 and 8 of the General Conditions, the occurrence of events that delay the Work shall not excuse Design Build Entity from its obligation to achieve Final Completion of the Work within the Contract Time, and shall not entitle the Design Build Entity to an adjustment of the Contract Sum. 8.4 ADJUSTMENT OF THE CONTRACT TIME FOR DELAY-LD's $500.00 8.4.1 Subject to Article 8.4.2 below, the Contract Time will be extended for each day of delay for which Design Build Entity demonstrates that all of the following four conditions have been met; a time extension will not be granted for any day of delay for which Design Build Entity fails to demonstrate compliance with the four conditions: .1 Condition Number One: The delay is critical. A delay is critical if and only to the extent it delays a work activity that cannot be delayed without delaying Final Completion of the Work to a date that is beyond the Contract Time. The Baseline Contract shall be the basis for determining the critical path activities . . 2 Condition Number Two: Within 7 days of the date the Design Build Entity discovers or reasonably should discover an act, error, omission or unforeseen condition or event causing the delay is likely to have an impact on the critical path of the Project, (even if the Design Build Entity has not yet been delayed when the Design Build Entity discovers or reasonably should discover the critical path impact of the act, error, omission or unforeseen condition giving rise to the delay) the Design Build Entity submits a timely and complete Change Order Request that meets the requirements of Article 4.2 of the General Conditions . . 3 Condition Number Three: The delay is not caused by: 2-15-12 .1 A concealed, unforeseen or unknown condition or event except for a materially differing site condition pursuant to Article 3.26 of the General Conditions; or .2 The financial inability, misconduct or default of the Design Build Entity, a Subcontractor or supplier; or Page 38 of 58 General Conditions .......... C I TV 0 f CARLSBAD Alga Norte Community Park Solar PV Contract No. 38372 .3 The unavailability of materials or parts; or .4 An error or omission in the Contract Documents caused by Design Build Entity or Design Build Entity's Design Consultants . .4 Condition Number Four: The delay is caused by: .1 .2 .3 .4 .5 .6 .7 .8 .9 Fire; or Strikes, boycotts, or like obstructive actions by labor organizations; or Acts of God (As used herein, "Acts of God" shall include only earthquakes in excess of a magnitude of 3.5 on the Richter Scale and tidal waves); or A materially differing site condition pursuant to Article 3.24 of the General Conditions; or An error or omission in the Contract Documents caused by the City; or The City's decision to change the scope of the Work, where such decision is not the result of any default or misconduct of the Design Build Entity; or The City's decision to suspend the Work, where such decision is not the result of any default or misconduct of the Design Build Entity; or The failure of the City (including the City acting through its consultants, Design Professionals, Separate Contractors or the City's Representative) to perform any Contract obligation unless such failure is due to Design Build Entity's default or misconduct. "Adverse weather" but only for such days of adverse weather, or on-site conditions caused by adverse weather, that are in excess of the number of days specified in the Supplementary Conditions. In order for a day to be considered a day of adverse weather for the purpose of determining whether Design Build Entity is entitled to an adjustment in Contract Time, both of the following conditions must be met: .1 The day must be a day in which, as a result of adverse weather, less than one half day of critical path work is performed by Design Build Entity; and .2 The day must be identified in the Contract Schedule as a scheduled work day. 8.4.2 If and only if a delay meets all four conditions prescribed in Article 8.4.1 above, then a time extension will be granted for each day that Final Completion of the Work is delayed beyond the Contract Time, subject to the following: .1 When two or more delays (each of which meet all four conditions prescribed in Article 8.4.1 above) occur concurrently on the same day, and each such concurrent delay by itself without consideration of the other delays would be critical, then all such concurrent delays shall be considered critical. For the purpose of determining whether and to what extent the Contract Time should be adjusted pursuant to this Article 8.4.2, such concurrent critical delays shall be treated as a single delay for each such day . . 2 Design Build Entity shall be entitled to a time extension for a day of delay that meets all four requirements of Article 8.4.1 above if the delay is concurrent with a delay that does not meet all four conditions of Article 8.4.1 above. 8.4.3 If for any reason one or more of the four conditions prescribed in Article 8.4.1 above is held legally unenforceable, then all remaining conditions must be met as a condition to obtaining an extension of the Contract Time under Article 8.4.2 above. 8.5 COMPENSATION FOR DELAY 8.5.1 To the maximum extent allowed by law, any adjustment of the Contract Sum as the result of delays shall be limited to the amounts specified in Article 7 of the General Conditions. Such adjustment shall, to the maximum extent allowed by law, constitute payment in full for all delay related costs (including costs for disruption, interruption and hindrance, general conditions, on and off-site overhead and profit) of Design Build Entity, its Suppliers and Subcontractors of all tiers and all persons and 2-15-12 Page 39 of 58 General Conditions c c CITY OF CARLSBAD Alga Norte Community Park Solar PV Contract No. 38372 entities working under or claiming through Design Build Entity in connection with the Project. 8.5.2 By signing the Agreement, the parties agree that the City is buying the right to do any or all of the following, which are reasonable and within the contemplation of the parties: .1 To order changes in the Work, regardless of the extent and number of changes, including without limitation: .1 Changes to correct errors or omissions caused by the City, if any, in the Contract Documents . . 2 Changes resulting from the City's decision to change the scope of the Work subsequent to execution of the Contract. .3 Changes due to unforeseen conditions . . 2 To suspend the Work or any part thereof . . 3 To delay the Work, including without limitation, delays resulting from the failure of the City or the City's Representative to timely perform any Contract obligation and delays for the City's convenience. 8.6 WAIVER 8.6.1 A waiver of, or failure by, the City or City's Representative to enforce any requirement in this Article 8, including without limitation the requirements in Article 8.4 above, in connection with any or all past delays shall not constitute a waiver of, and shall not preclude the City or City's Representative from enforcing, such requirements in connection with any present or future delays. 8.6.2 Design Build Entity agrees and understands that no oral approval, either express or implied, of any time extension by the City or its agents shall be binding upon the City unless and until such approval is ratified by execution of a written Change Order. ARTICLE9 PAYMENTS AND COMPLETION 9.1 COST BREAKDOWN 9.1.1 Within 10 days after receipt of the Construction Notice to Proceed for Phase 3, Design Build Entity shall submit to the City's Representative a Cost Breakdown of the Contract Sum in the form contained in the Standard Forms. The Cost Breakdown shall itemize as separate line items the cost of each work activity and all associated costs, including but not limited to warranties, as-built documents, overhead expenses, and the total allowance for profit. Insurance and bonds shall each be listed as separate line items. The total of all line items shall equal the Contract Sum. The Cost Breakdown, when approved by the City's Representative, shall become the basis for determining the cost of Work performed for Design Build Entity's Applications for Payment. 9.2 PROGRESS PAYMENT 9.2.1 The City agrees to pay monthly to Design Build Entity, subject to Article 9.4.3 of the General Conditions, an amount equal to 95% of the sum of the following: .1 Cost of the Construction Work in permanent place as of the date of the Design Build Entity's Application For Payment. .2 Cost of materials not yet incorporated in the Construction Work, subject to Article 9.3.5 of the General Conditions . . 3 Less amounts previously paid . .4 During the Design Work, the City shall pay Design Build Entity monthly a uniform amount prorated, based on the Contract Time and Contract Sum associated with the Construction Documents Phase. Under this Article 9.2.1, City may, but is not required to, pay Design Build Entity more frequently than monthly. 2-15-12 Page 40 of 58 General Conditions c c CITY 0 F CARLSBAD Alga Norte Community Park Solar PV Contract No. 38372 9.2.2 After Substantial Completion and subject to Article 9.4.3 of the General Conditions, the City will make any of the remaining progress payments in full. 9.3 APPLICATION FOR PAYMENT 9.3.1 On or before the 5th day of the month or such other date as is established by the Contract Documents, Design Build Entity shall submit to the City's Representative an itemized Application For Payment, for the cost of the Work in permanent place, as approved by the City's Representative, which has been completed in accordance with the Contract Documents, less amounts previously paid. The Application For Payment shall be prepared as follows: .1 Use the form contained in the Standard Forms . . 2 Itemize in accordance with the Cost Breakdown as applicable . . 3 Include such data substantiating Design Build Entity's right to payment as the City's Representative may reasonably require, such as invoices, certified payrolls, daily time and material records, and, if securities are deposited in lieu of retention pursuant to Article 9.5 of the General Conditions, a certification of the market value of all such securities as of a date not earlier than 5 days prior to the date of the Application For Payment as applicable . .4 Itemize retention. 9.3.2 Applications For Payment shall not include requests for payment on account of (1) changes which have not been authorized by Change Orders or (2) amounts Design Build Entity does not intend to pay a Subcontractor because of a dispute or other reason. 9.3.3 If required by the City, an Application For Payment shall be accompanied by (1) a summary showing payments that will be made to Subcontractors covered by such application and conditional releases upon progress payment or final payment and (2) unconditional waivers and releases of claims and stop notices, in the form contained in the Standard Forms, from each Subcontractor listed in the preceding Application For Payment covering sums disbursed pursuant to that preceding Application For Payment. 9.3.4 Design Build Entity warrants that, upon submittal of an Application For Payment, all Work, for which Certificates For Payment have been previously issued and payment has been received from the City, shall be free and clear of all claims, stop notices, security interests, and encumbrances in favor of Design Build Entity, Subcontractors, or other persons or firms entitled to make claims by reason of having provided labor, materials, or equipment relating to the Work. 9.3.5 At the sole discretion of the City, City's Representative may approve for inclusion in the Application For Payment the cost of materials not yet incorporated in the Construction Work but already delivered and suitably stored either at the Project site or at some other appropriate location acceptable to the City's Representative. In such case, Design Build Entity shall furnish evidence satisfactory to the City's Representative (1) of the cost of such materials; and (2) that such materials are under the exclusive control of Design Build Entity. Only materials to be incorporated in the Work will be considered for payment. Any payment shall not be construed as acceptance of such materials nor relieve Design Build Entity from sole responsibility for the care and protection of such materials; nor relieve Design Build Entity from risk of loss to such materials from any cause whatsoever; nor relieve Design Build Entity from its obligation to complete the Work in accordance with the Contract; nor act as a waiver of the right of the City to require fulfillment of all terms of the Contract. Nothing contained within this Article 9.3.5 shall be deemed to obligate the City to agree to payment for any non-incorporated materials or any part thereof, payment being in the sole and absolute discretion of the City. 9.4 CERTIFICATE FOR PAYMENT 9.4.1 If Design Build Entity has submitted an Application For Payment in accordance with Article 9.3 above, the City's Representative shall, not later than 5 working days after the date of receipt of the Application For Payment, issue to the City, with a copy to Design Build Entity, a Certificate For Payment for such amount as the City's Representative determines to be properly due. 9.4.2 If any such Application For Payment is determined not to be in accordance with Article 9.3 above, the City will inform Design Build Entity as soon as practicable, but not later than 5 working days after receipt. Thereafter, Design Build Entity shall have 3 days to revise and resubmit such Application For Payment; otherwise the City's Representative may issue a Certificate 2-15-12 Page 41 of 58 General Conditions c <,(~ CITY OF ,~CARLSBAD Alga Norte Community Park Solar PV Contract No. 38372 For Payment in the amount that the City's Representative determines to be properly due without regard to such Application For Payment. 9.4.3 Approval of all or any part of an Application For Payment may be withheld, a Certificate For Payment may be withheld, and all or part of a previous Certificate For Payment may be nullified and that amount withheld from a current Certificate For Payment on account of any of the following: .1 .2 . 3 .4 . 5 . 6 .7 . 8 . 9 .10 . 11 .12 . 13 .14 . 15 Defective Work not remedied. Third-party claims against Design Build Entity or the City arising from the acts or omissions of Design Build Entity or Subcontractors. Stop notices . Failure of Design Build Entity to make timely payments due Subcontractors. (Stop Notices are withheld at 1.25% per Public Contract Code) A reasonable doubt that the Work can be completed for the balance of the Contract Sum then unpaid . Damage to the City or Separate Contractor for which Design Build Entity is responsible . Reasonable evidence that the Work will not be completed within the Contract Time; and that the unpaid balance of the Contract Sum would not be adequate to cover the City's damages for the anticipated delay . Failure of Design Build Entity to maintain and update as-built documents. Failure of Design Build Entity to submit schedules or their updates as required by the Contract Documents . Failure to provide conditional or unconditional releases from any Subcontractor or supplier, if such waiver(s) have been requested by the City's Representative. Performance of Work by Design Build Entity without properly processed Shop Drawings . Liquidated damages assessed in accordance with the Agreement. Failure to provide updated Reports of Subcontractor Information and Self-Certifications, as applicable . Failure to provide a Final Distribution of Contract Dollars with final Application for Payment. Any other failure of Design Build Entity to perform its obligations under the Contract Documents . 9.4.4 Subject to the withholding provisions of Article 9.4.3 of the General Conditions, the City will pay Design Build Entity the amount set forth in the Certificate For Payment no later than 10 days after the issuance of the Certificate For Payment. 9.4.5 Neither the City nor City's Representative will have an obligation to pay or to see to the payment of money to a Subcontractor, except as may otherwise be required by law. 9.4.6 Neither a Certificate for Payment nor a progress payment made by the City will constitute acceptance of Defective Work. 9.5 DEPOSIT OF SECURITIES IN LIEU OF RETENTION AND DEPOSIT OF RETENTION INTO ESCROW 9.5.1 At the request and expense of Design Build Entity, a substitution of securities may be made for any monies retained by the City under Article 9.2 to ensure performance under the Contract Documents. Securities equivalent in value to the retention amount required by the Contract Documents for each Certificate For Payment shall be deposited by Design Build Entity with a state or federally chartered bank in the State of California ("Escrow Agent"), which shall hold such securities pursuant to the escrow agreement referred to in Article 9.5.3 until retention is due in accordance with Article 9.8. Securities shall be valued as often as conditions of the securities market warrant, but in no case less than once per month. Design Build Entity shall deposit ,I"""'"' additional securities so that the current market value of the total of all deposited securities shall be at least equal to the total \.,., required amount of retention. 2-15-12 Page 42 of 58 General Conditions c CITY OF CARLSBAD Alga Norte Community Park Solar PV Contract No. 38372 9.5.2 Alternatively to Article 9.5.1 above. and at the request and expense of Design Build Entity, the City will deposit retention directly with Escrow Agent. Design Build Entity may direct the investment of such deposited retention into interest bearing accounts or securities, and such deposits or securities shall be held by Escrow Agent upon the same terms provided for securities deposited by Design Build Entity. Design Build Entity and its surety shall bear the risk of failure of the Escrow Agent selected. 9.5.3 A prerequisite to the substitution of securities in lieu of retention or the deposit of retention into escrow shall be the execution by Design Build Entity, the City, and Escrow Agent of an Escrow Agreement for Deposit of Securities in Lieu of Retention and Deposit of Retention in the form contained in the Standard Forms. The Design Build Entity shall submit the Selection of Retention Options and the Escrow Agreement for Deposit of Securities in Lieu of Retention and Deposit of Retention not later than the date when 50% of the Work has been completed. The terms of such escrow agreement are incorporated into the requirements of this Article 9.5. 9.6 BENEFICIAL OCCUPANCY 9.6.1 The City reserves the right, at its option and convenience, to occupy or otherwise make use of any part of the Construction Work at any time prior to Substantial Completion or Final Completion upon 10 days' notice to Design Build Entity. Such occupancy or use is herein referred to as "Beneficial Occupancy." Beneficial Occupancy shall be subject to the following conditions: .1 The City's Representative will make an inspection of the portion of the Project to be beneficially occupied and prepare a list of items to be completed or corrected prior to Final Completion. Prior to Beneficial Occupancy, the City will issue a Certificate of Beneficial Occupancy on the City's form . . 2 Beneficial Occupancy by the City shall not be construed by Design Build Entity as an acceptance by the City of that portion of the Construction Work which is to be occupied. .3 Beneficial Occupancy by the City shall not constitute a waiver of existing claims of the City or Design Build Entity against each other . .4 Design Build Entity shall provide, in the areas beneficially occupied and on a 24 hour and 7 day week basis as required, utility services, heating, and cooling for systems which are in operable condition at the time of Beneficial Occupancy. All responsibility for the operation and maintenance of equipment shall remain with Design Build Entity while the equipment is so operated. Design Build Entity shall submit to the City an itemized list of each piece of equipment so operated with the date operation commences. The Guarantee to Repair Periods, as defined in Article 12.2, will commence upon the occupancy date stated in the Certificate of Beneficial Occupancy except that the Guarantee to Repair Periods for that part of equipment or systems that serve portions of the Work for which the City has not taken Beneficial Occupancy or issued a Certificate of Substantial Completion shall not commence until the City has taken Beneficial Occupancy for that portion of the Work or has issued a Certificate of Substantial Completion with respect to the entire Project. .5 The City will pay all normal operating and maintenance costs resulting from its use of equipment in areas beneficially occupied . . 6 The City will pay all utility costs which arise out of the Beneficial Occupancy, all utility costs prior to Beneficial Occupancy shall be the Design Builder's responsibility . . 7 Design Build Entity shall not be responsible for providing security in areas beneficially occupied . . 8 The City will use its best efforts to prevent its Beneficial Occupancy from interfering with the conduct of Design Build Entity's remaining Work . . 9 Design Build Entity shall not be required to repair damage caused by the City in its Beneficial Occupancy . . 1 0 Except as provided in this Article 9.6, there shall be no added cost to the City due to Beneficial Occupancy . . 11 Design Build Entity shall continue to maintain all insurance required by the Contract in full force and effect. 9.7 SUBSTANTIAL COMPLETION 2-15-12 Page43 of 58 General Conditions -~ <.\'• CITY OF ·~CARLSBAD Alga Norte Community Park SolarPV Contract No. 38372 9.7.1 "Substantial Completion" means the stage in the progress of the Construction Work, as determined by the City's Representative, when the Construction Work is complete and in accordance with the Contract Documents except only for completion of minor items which do not impair the City's ability to occupy and fully utilize the Construction Work for its intended purpose and a Certificate of Occupancy has been issued by the City's Representative. 9. 7.2 When Design Build Entity gives notice to the City's Representative that the Construction Work is substantially complete, unless the City's Representative determines that the Construction Work is not sufficiently complete to warrant an inspection to determine Substantial Completion, the City's Representative will inspect the Construction Work. If the City's Representative determines that the Work is not substantially completed the City's Representative will prepare and give to Design Build Entity a comprehensive list of items to be completed or corrected before establishing Substantial Completion. Design Build Entity shall proceed promptly to complete and correct items on the list. Failure to include an item on such list does not alter the responsibility of Design Build Entity to complete all Construction Work in accordance with the Contract Documents. Upon notification that the items on the list are completed or corrected, as applicable, the City's Representative will make an inspection to determine whether the Construction Work is substantially complete. Costs for additional inspection by the City's Representative shall be deducted from any monies due and payable to Design Build Entity. 9.7.3 When the City's Representative determines that the Construction Work is substantially complete, the City's Representative will arrange for inspection by the City and other officials, as appropriate, for the purpose of issuing a Certificate of Occupancy. After a Certificate of Occupancy has been issued by all permitting and licensing entities, the City's Representative will prepare a Certificate of Substantial Completion on the City's form as contained in the Standard Forms, which, when signed by the City, shall establish the date of Substantial Completion and the responsibilities of the City and Design Build Entity for security, maintenance, utilities, insurance, and damage to the Construction Work. The City's Representative will prepare and furnish to the Design Build Entity a comprehensive "punch list" of items to be completed or corrected prior to Final Completion. 9. 7.4 Unless otherwise provided in the Certificate of Substantial Completion, the Guarantee To Repair Period for the Work covered by the Certificate of Substantial Completion, shall commence on the date of Substantial Completion of the Construction Work except that Substantial Completion shall not commence the Guarantee to Repair Period for any equipment or systems that: .1 Are not operational (equipment or systems shall not be considered operational if they cannot be used the intended service; or .2 Are not accepted by the City. 9. 7.5 The Guarantee to Repair Period for equipment or systems which become fully operational and accepted subsequent to Substantial Completion will begin on the date of their written acceptance by the City. 9.7.6 The daily rate included in the Agreement and specifically identified as the rate to be paid to Design Build Entity for Compensable Delays shall not apply to any delays occurring after the Work is substantially completed. 9.8 FINAL COMPLETION, FINAL PAYMENT, AND RELEASE OF RETENTION 9.8.1 Upon receipt of notice from Design Build Entity that the Work is ready for final inspection, the City's Representative will make such inspection. Final Completion shall be when the City's Representative determines that the Work is fully completed and in accordance with the Contract Documents, including without limitation, satisfaction of all "punch list" items, and determines that a Certificate of Occupancy has been issued by the City and all permitting and licensing entities. The City will file a Notice of Completion within 10 days after Final Completion. After receipt of the final Application For Payment, if the City's Representative determines that Final Completion has occurred, the City's Representative will issue the final Certificate For Payment. Final Completion must occur with 90 days of Substantial Completion. Failure to achieve Final Completion within 90 days will change the Substantial Completion Date, causing Liquidated Damages to be assessed to the Design Build Entity for each day Final Completion is delayed. 9.8.2 Final payment and retention shall be released to Design Build Entity, as set forth in Article 9.8.3, after: .1 Design Build Entity submits the final Application For Payment and all submittals required in accordance with Article 9.3; ,-, .2 Design Build Entity submits all guarantees and warranties procured by Design Build Entity from Subcontractors, ~ all operating manuals for equipment installed in the Project, as-built documents, and all other submittals required 2-15-12 Page 44 of 58 General Conditions CITY OF CARLSBAD by the Contract Documents; .4 The City's Representative issues the final Certificate For Payment. Alga Norte Community Park Solar PV Contract No. 38372 At its sole discretion, after Final Completion, the City may waive the requirement that Design Build Entity submit a final Application For Payment before making final payment and/or release of retention to Design Build Entity. 9.8.3 Final payment shall be paid not more than 10 days after the City's Representative issues the final Certificate For Payment. Retention shall be released to Design Build Entity 35 days after the filing of the Notice of Completion. 9.8.4 Acceptance of final payment by Design Build Entity shall constitute a waiver of all claims, except claims for retention and claims previously made in writing and identified by Design Build Entity as unsettled at the time of the final Application For Payment. Neither final payment nor any remaining retained percentage shall become due until the Design Builder submits to the City ( 1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner, (3) a written statement that the Design Builder knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment and (5) if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner. If a Subcontractor refuses to furnish a release or waiver required by the Owner, the Design Builder may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien, If such lien remains unsatisfied after payments are made, the Design Builder shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including all costs and reasonable attorneys' fees. Design Builder shall also furnish all warranties, guarantees, record documents, operating and maintenance manuals and shall have reviewed all equipment and facility operations and maintenance with the Owner, prior to issuance of the Certificate of Final Completion. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10.1 SAFETY PRECAUTIONS AND PROGRAMS 1 0.1.1 Design Build Entity shall be solely responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the performance of the Contract. 10.2 SAFETY OF PERSONS AND PROPERTY 10.2.1 Design Build Entity shall take adequate precautions for safety of and shall provide adequate protection to prevent damage, injury, or loss to the following: .1 Employees involved in the Construction Work and other persons who may be affected thereby . . 2 The Construction Work in place and materials and equipment to be incorporated therein, whether in storage on or off the Project site, under care, custody, or control of Design Build Entity or Subcontractors . . 3 Other property at the Project site and adjoining property. 1 0.2.2 Design Build Entity shall erect and maintain, as required by existing conditions and performance of the Work, adequate safeguards for safety and protection, including providing adequate lighting and ventilation, posting danger signs and other warnings against hazards, promulgating safety regulations, and notifying owners and users of adjacent sites and utilities. 10.2.3 When use or storage of explosives, other hazardous materials, equipment, or unusual methods are necessary for execution of the Construction Work, Design Build Entity shall exercise the utmost care and carry on such activities only under the supervision of properly qualified personnel. 2-15-12 Page 45 of 58 General Conditions c ~ ·:.(•: CITY OF ·~CARLSBAD Alga Norte Community Park Solar PV Contract No. 38372 employees or volunteers shall be in excess of the Design Builder's insurance and shall not contribute with it. The endorsement shall be submitted to the City. The Commercial General Liability policy shall state that the insurance shall apply separately to each insured against whom a claim is made or a lawsuit is brought, subject only to the limits of the insurer's liability . . 2 BUSINESS AUTOMOBILE LIABILITY INSURANCE: $1 ,000,000 per accident for bodily injury and property damage. The policy form shall be at least as broad as Insurance Services Office Form Number CA 0001 covering Code 1 (Any Auto). .3 .4 .5 The Business Automobile Liability policy shall contain a provision that the City, its officials, employees and volunteers are insureds with respect to liability arising out of or connected with work under this contract. The Business Automobile policy shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be in excess of the Design Builder's insurance and shall not contribute with it. The Business Auto policy shall state that the Design Builder's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE: As required by the State of California, with Statutory Limits, and Employers' Liability insurance with a limit of no less than $1 ,000,000 per accident for bodily injury or disease. Workers' Compensation insurance offered by the State Compensation Insurance Fund is acceptable to the City. The Workers' Compensation policy shall be endorsed to contain a waiver of subrogation in favor of the City for all work performed by the Design Builder, its employees, agents and subcontractors. The endorsement shall be submitted to the City. PROFESSIONAL LIABILITY INSURANCE: $1 ,000,000 per occurrence (or claim if policy is written on a claims made basis), and $2,000,000 in the aggregate and shall either be in the form of a practice policy or a project specific policy. Design Builder agrees to maintain, and shall cause to be maintained by other Design Builders and Subcontractors who are involved in design work or other professional services, professional liability insurance specifically designed to protect against acts, errors or omissions of the Design Builder or other Design Builders or Subcontractors as appropriate, and "Professional Services" as designated and any such policy must specifically include services performed under this Contract. If policy is written on a claims made basis, Design Builder or other contractor or Subcontractor as appropriate shall maintain this professional liability insurance with a retroactive date effective before the commencement of any design, and throughout the term of this Contract and for at least five (5) years after the date of completion and acceptance of the Project with preservation of the retroactive date. If claims made coverage is cancelled or non-renewed and not replaced, an extended discovery period and endorsement is acceptable to meet the five year requirement. DESIGN BUILDERS' EQUIPMENT INSURANCE: Design Builder and all Subcontractors shall maintain insurance covering physical damage to owned, leased, rented, or borrowed equipment used or on the jobsite, including rental charges. All Design Builders' miscellaneous tools shall be covered by the individual Design Builder or Subcontractor . . 6 POLLUTION/ENVIRONMENTAL IMPAIRMENT LIABILITY: $1,000,000 per loss and annual aggregate applicable to bodily injury; property damage, including loss of use of damaged property or of property that has not been physically damaged or destroyed; clean-up costs, including first party clean-up of the City's property and third party clean-up, and bodily injury costs if project pollutants impact other properties; and defense, including costs, fees and expenses incurred in the investigation, defense, or resolution of Claims. Coverage shall include completed operations and shall apply to sudden and non-sudden pollution conditions. Coverage shall apply to construction activities and to acts, errors or omissions arising out of or in connection with Design Builder's scope of work under this Contract. Coverage may be arranged under a Design Builder's Pollution Liability policy, as part of a Professional Liability policy, by any combination thereof, or by other insurance, as long as pollution liability coverage is provided for both construction activities and professional services. Coverage shall include transport and disposal of contaminants and shall include liability assumed under contract. Coverage is preferred by the City to be occurrence based. However, if provided on a claims-made basis, Design Builder warrants that 2-15-12 Page47 of 58 General Conditions -~ <~•.,. CITY OF ·~CARLSBAD Alga Norte Community Park Solar PV Contract No. 38372 any retroactive date applicable to coverage under the policy precedes the effective date of this Contract, and that continuous coverage shall be maintained or an extended discovery period will be exercised for a period of five (5) years beginning from the time work under this Contract is completed. The Pollution/Environmental Impairment Liability policy shall be endorsed to contain a provision that the City, its officials, employees and volunteers are insureds or additional insureds. The endorsement shall be submitted to the City. The Pollution/Environmental Impairment Liability policy shall be endorsed to be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be in excess of the Design Builder's insurance and shall not contribute with it. The endorsement shall be submitted to the City. The Pollution/Environmental Impairment Liability policy shall state that the Design Builder's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 11.1.3 Additional Provisions: Design Builder shall ensure that the policies of insurance required under this agreement contain, or are endorsed to contain the following provisions: .1 Insurance Coverage. Insurance coverages shall not be non-renewed, suspended, voided, canceled, or reduced in coverage or limits except after ten (10) days' prior written notice has been sent to the City by certified mail pursuant to the Notice provisions of this Agreement. .2 Deductibles snd Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured retention levels must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the City, its officials and employees; or the Design Builder shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. The Design Builder is responsible for any deductible or retention amount. .3 Subcontractors. Design Builder shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Coverages for subcontractors shall be subject to all of the requirements stated herein . . 4 Acceptability of Insurers. Insurance is to be placed with insurers that are admitted carriers in California with a rating in the most recent Best's Key Rating Guide of at least A-:VII, or surplus line insurers on the State of California's List of Eligible Surplus Line Insurers (LESLI) with a rating in the latest Best's Key Rating guide of at leastA:X . . 5 Verification Of Coverage. Design Builder shall furnish the City with certificates of insurance and original endorsements affecting required coverage. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be in forms approved by the City and are to be received and approved by the City before the Contract is executed by the City. Design Builder shall furnish the City with new certificates of insurance and endorsements on each renewal of coverage or change of insurers. Proof of insurance shall be sent to the City pursuant to the Notice provisions of this Agreement or as may be directed in writing by ____ _ .6 Non-Recourse Provision. All insurance policies shall provide that the insurers shall have no recourse against the City or any other additional insured for payment of any premium or assessment or for any deductible or self- insured retention. 7 Indemnification and Duty to Defend. The insurance coverage provided hereunder shall support, but is not intended to limit, Design Builder's indemnification (as defined in Article 3.29) and duty to defend obligations under this Contract or as otherwise provided by law . . 8 Enforcement. The City may take any steps necessary to assure Design Builder's compliance with its insurance obligations and the City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. Should any insurance policy lapse or be cancelled during the Contract period Design Builder shall, no less than thirty (30) days prior to the effective expiration or cancellation, furnish the City with written evidence of renewal or replacement of the policy. Failure to continuously maintain insurance coverage as herein required is a material breach of this Contract and the City may maintain this coverage and withhold or charge the expense to Design Builder or terminate the Design Builder's control of the work in accordance with this Contract. The required insurance shall be subject to the approval of the City, but 2-15-12 Page48 of 58 General Conditions c -~ ··.~'"' CITY Of ·~CARLSBAD Alga Norte Community Park Solar PV Contract No. 38372 \. ·"' i ! ~) ·' '< ,., any acceptance of copies of insurance policies, insurance certificates and self-insured documentation by the City shall in no way limit or relieve Design Builder of its duties and responsibilities under this Contract to indemnify, defend and hold harmless the City, its officials, employees and volunteers. Insurance coverage in the minimum amounts set forth herein shall not be construed to relieve Design Builder for liability in excess of such coverage, nor shall it preclude the City from taking other actions available to it under any other provision of the Contract or law, including the withholding of funds under this Contract. Failure of the City to enforce in a timely manner any of the provisions of Section 10 shall not act as a waiver to enforcement of any of these provisions at a later time. 11.2 BUILDER'S RISK PROPERTY INSURANCE 11.2.1 Throughout the design-build period until final completion of the Project, a Project specific Builder's Risk (Course of Construction) insurance policy, covering all design-build work other than design (including testing and commissioning) at the Project site, while in transit and at any temporary off-site location; all materials supplies, machinery, fixtures and equipment intended to become a permanent part of the Project or for permanent use in the Project or incidental to the construction; all temporary structures that are to be used in or incidental to the fabrication, erection, testing, or completion of the design-build Project to the extent the cost thereof is included in the design-build work upon which the contract price is based, while on or about the Project site awaiting or during construction. The Builder's Risk policy: .1 shall be written on a completed value basis in an amount not less than the full replacement value of the Project ($1,000,000); .2 shall be written on an "All Risk" (Special Perils) coverage form, including reinstatement of Limit after Loss and no coinsurance penalty provisions; .3 shall specifically cover loss or damage arising as a consequence of faulty workmanship or materials or design error; .4 shall include coverage for delay costs to a maximum amount 10,000 per day to include loss of revenue, loss of investment income, continued payment of debt service, and the costs of Project redesign if a covered loss ensues as a result of a design error. 11.2.2 The City shall provide information as reasonably requested by the Design Builder or insurance company, where necessary to complete insurance applications. The Builder's Risk insurance policy shall extend until final completion of the Project. 11.2.3 The Builders' Risk policy shall be endorsed to name the City as Loss Payee. The endorsement shall be submitted to the City. The Builders' Risk policy shall be endorsed to contain a waiver of subrogation in favor of the City. The endorsement shall be submitted to the City. The Builder's Risk policy shall be endorsed to be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be in excess of the Design Builder's insurance and shall not contribute with it. The endorsement shall be submitted to the City 11.3 PERFORMANCE BOND AND PAYMENT BOND 11.3.1 Design Builder shall furnish bonds covering the faithful performance of the Contract (Performance Bond) and payment of obligations arising thereunder (Payment Bond) on the forms contained in the Standard Forms. 11.3.2 The Payment Bond and Performance Bond shall each be in the amount of the Lump Sum Cost Proposal. 11.3.3 The Payment Bond and Performance Bond shall be in effect on the date the Contract is signed by the City. 11.3.4 Design Builder shall promptly furnish such additional security as may be required by the City to protect its interests and those interests of persons or firms supplying labor or materials to the Work. Design Builder shall furnish supplemental Payment and Performance Bonds each in the amount of the current Contract Sum at the request of the City. 11.3.5 Surety companies used by Design Builder shall be, on the date the Contract is signed by the City, listed in the latest published State of California, Department of Insurance list of "Insurers Admitted to Transact Surety Insurance in This State.· 11.3.6 The premiums for the Payment Bond and Performance Bond shall be paid by Design Builder. 2-15-12 Page 49 of 58 General Conditions c <(~ CITY OF ,~CARLSBAD ARTICLE 12 UNCOVERING AND CORRECTION OF CONSTRUCTION WORK 12.1 UNCOVERING OF WORK Alga Norte Community Park Solar PV Contract No. 38372 12.1.1 If a portion of the Construction Work is covered contrary to the City's Representative's request or direction, or contrary to the requirements of the Contract Documents, it must, if required in writing by the City's Representative, be uncovered for the City's Representative's observation and be replaced at Design Build Entity's expense without adjustment of the Contract Time or the Contract Sum. 12.1.2 If a portion of the Construction Work has been covered, which is not required by the Contract Documents to be observed or inspected prior to its being covered and which the City's Representative has not specifically requested to observe prior to its being covered, the City's Representative may request to see such Construction Work and it shall be uncovered and replaced by Design Build Entity. If such Construction Work is in accordance with the Contract Documents, the costs of uncovering and replacing the Construction Work shall be added to the Contract Sum by Change Order; and if the uncovering and replacing of the Construction Work extends the Contract Time, an appropriate adjustment of the Contract Time shall be made by Change Order. If such Construction Work is not in accordance with the Contract Documents, Design Build Entity shall pay such costs and shall not be entitled to an adjustment of the Contract Time or the Contract Sum. 12.2 CORRECTION OF DEFECTIVE WORK AND GUARANTEE TO REPAIR PERIOD 12.2.1 The term "Guarantee To Repair Period" means a period of 2 years, unless a longer period of time is specified, commencing as follows: .1 For any Construction Work not described as incomplete in the Certificate of Substantial Completion, on the date of Substantial Completion . . 2 For space beneficially occupied or for separate systems fully utilized prior to Substantial Completion pursuant to Article 9.6 of the General Conditions, from the first date of such Beneficial Occupancy or actual use, as established in a Certificate of Beneficial Occupancy . . 3 For all Construction Work other than .1 or .2 above, from the date of Final Completion. 12.2.2 Design Build Entity shall (1) correct Defective Work that becomes apparent during the progress of the Work or during the Guarantee To Repair Period, and (2) replace, repair, or restore to the City's satisfaction any other parts of the Work and any other real or personal property which is damaged or destroyed as a result of Defective Work or the correction of Defective Work. Design Build Entity shall promptly commence such correction, replacement, repair, or restoration upon notice from the City's Representative or the City, but in no case later than 10 days after receipt of such notice; and Design Build Entity shall diligently and continuously prosecute such correction to completion. Design Build Entity shall bear all costs of such correction, replacement, repair, or restoration, and all losses resulting from such Defective Work, including additional testing, inspection, and compensation for the City's Representative's services and expenses. Design Build Entity shall perform corrective Work at such times that are acceptable to the City and in such a manner as to avoid, to the extent practicable, disruption to the City's activities. 12.2.3 If immediate correction of Defective Work is required for life safety or the protection of property and is performed by the City or Separate Contractors, Design Build Entity shall pay to the City all reasonable costs of correcting such Defective Work. Design Build Entity shall replace, repair, or restore to the City's satisfaction any other parts of the Construction Work and any other real or personal property which is damaged or destroyed as a result of such Defective Work or the correction of such Defective Work. 12.2.4 Design Build Entity shall remove from the Project site portions of the Construction Work and materials which are not in accordance with the Contract Documents and which are neither corrected by Design Build Entity nor accepted by the City. 12.2.5 If Design Build Entity fails to commence correction of Defective Work within 10 days after notice from the City or City's Representative or fails to diligently prosecute such correction to completion, the City may correct the Defective Work in accordance with Article 2.4 of the General Conditions; and, in addition, the City may remove the Defective Work and store .!"""" salvageable materials and equipment at Design Build Entity's expense. '-" 2-15-12 Page 50 of 58 General Conditions c c CITY OF CARLSBAD Alga Norte Community Park Solar PV Contract No. 38372 12.2.6 If Design Build Entity fails to pay the costs of such removal and storage as required by above Articles 12.2.4 and 12.2.5 within 10 days after written demand, the City may, without prejudice to other remedies, sell such materials at auction or at private sale, or otherwise dispose of such material. Design Build Entity shall be entitled to the proceeds of such sale, if any, in excess of the costs and damages for which Design Build Entity is liable to the City, including compensation for the City's Representative's services and expenses. If such proceeds of sale do not cover costs and damages for which Design Build Entity is liable to the City, the Contract Sum shall be reduced by such deficiency. If there are no remaining payments due Design Build Entity or the remaining payments are insufficient to cover such deficiency, Design Build Entity shall promptly pay the difference to the City. 12.2.7 Design Build Entity's obligations under this Article 12 are in addition to, and not in limitation of, its warranty under Article 3.4 of the General Conditions or any other obligation of Design Build Entity under the Contract Documents. Enforcement of Design Build Entity's express warranties and guarantees to repair contained in the Contract Documents shall be in addition to and not in limitation of any other rights or remedies the City may have under the Contract Documents or at law or in equity for Defective Work. Nothing contained in this Article 12 shall be construed to establish a period of limitation with respect to other obligations of Design Build Entity under the Contract Documents. Establishment of the Guarantee To Repair Period relates only to the specific obligation of Design Build Entity to correct the Wori< and in no way limits either Design Build Entity's liability for Defective Work or the time within which proceedings may be commenced to enforce Design Build Entity's obligations under the Contract Documents. ARTICLE 13 TERMINATION OR SUSPENSION OF THE CONTRACT 13.1 TERMINATION BY DESIGN BUILDER 13.1.1 Subject to below Article 13.1.2, Design Build Entity shall have the right to terminate the Contract only upon the occurrence of one of the following: . 1 Provided that the City has not commenced reasonable action to remove any order of a court within the 90 day period, the Wori< is stopped for 90 consecutive days, through no act or fault of Design Build Entity, any Subcontractor, or any employee or agent of Design Build Entity or any Subcontractor, due to an issuance of an order of a court or other public authority having jurisdiction or due to an act of government, such as a declaration of a national emergency making material unavailable . . 2 The City fails to perform any material obligation under the Contract Documents and fails to cure such default within 30 days, or City has not commenced to cure such default within 30 days where such cure will require a reasonable period beyond 30 days and diligently prosecutes the same to completion, after receipt of notice from Design Build Entity stating the nature of such default{s) . . 3 Repeated suspensions by the City, other than such suspensions as are agreed to by Design Build Entity under Article 13.3 below, which constitute in the aggregate more than 20% of the Contract Time. 13.1.2 Upon the occurrence of one of the events listed in Article 13.1.1 above, Design Build Entity may, upon 10 days additional notice to the City and City's Representative, and provided that the condition giving rise to Design Build Entity's right to terminate is continuing, terminate the Contract. 13.1.3 Upon termination by Design Build Entity, the City will pay to Design Build Entity the sum determined by Article 13.4.4 of the General Conditions. Such payment will be the sole and exclusive remedy to which Design Build Entity is entitled in the event of termination of the Contract by Design Build Entity pursuant to this Article 13.1; and Design Build Entity will be entitled to no other compensation or damages and expressly waives the same. 13.2 TERMINATION BY THE CITY FOR CAUSE 13.2.1 The City will have the right to terminate the Contract for cause at any time after the occurrence of any of the following events: .1 Design Build Entity becomes insolvent or files for relief under the bankruptcy laws of the United States. 2-15-12 Page 51 of 58 General Conditions -~ C:\!o. CITY OF ··~CARLSBAD Alga Norte Community Park Solar PV Contract No. 38372 .2 Design Build Entity makes a general assignment for the benefit of its creditors or fails to pay its debts as the same become due . . 3 A receiver is appointed to take charge of Design Build Entity's property . .4 The commencement or completion of any Work activity on the critical path is more than 30 days behind the date set forth in the Contract Schedule for such Work activity as a result of an Unexcusable Delay. For a Contract with a Contract Time of less than 300 days, the 30-day period shall be reduced to the number of days commensurate with 10% of the Contract Time . . 5 Design Build Entity abandons the Work. 13.2.2 Upon the occurrence of any of the following events, the City will have the right to terminate the Contract for cause if Design Build Entity fails to promptly commence to cure such default and diligently prosecute such cure within 5 days after notice from the City, or within such longer period of time as is reasonably necessary to complete such cure: .1 Design Build Entity persistently or repeatedly refuses or fails to supply skilled supervisory personnel, an adequate number of properly skilled workers, proper materials, or necessary equipment to prosecute the Work in accordance with the Contract Documents . . 2 Design Build Entity fails to make prompt payment of amounts properly due Subcontractors after receiving payment from the City . . 3 Design Build Entity disregards Applicable Code Requirements . .4 Design Build Entity persistently or materially fails to execute the Work in accordance with the Contract Documents . . 5 Design Build Entity is in default of any other material obligation under the Contract Documents . . 6 Design Build Entity persistently or materially fails to comply with applicable safety requirements. 13.2.3 Upon any of the occurrences referred to in Articles 13.2.1 and 13.2.2 above, the City may, at its election and by notice to Design Build Entity, terminate the Contract and take possession of the Project site and all materials, supplies, equipment, tools, and construction equipment and machinery thereon owned by Design Build Entity; accept the assignment of any or all of the subcontracts; and then complete the Work by any method the City may deem expedient. If requested by the City, Design Build Entity shall remove any part or all of Design Build Entity's materials, supplies, equipment, tools, and construction equipment and machinery from the Project site within 7 days of such request; and if Design Build Entity fails to do so, the City may remove or store, and after 90 days sell, any of the same at Design Build Entity's expense. 13.2.4 If the Contract is terminated by the City as provided in this Article 13.2, Design Build Entity shall not be entitled to receive any further payment until the expiration of 35 days after Final Completion and acceptance of all Work by the City. 13.2.5 If the unpaid balance of the Contract Sum exceeds the cost of completing the Work, including all additional costs and expenses made necessary thereby, including costs for the City staff time, plus all losses sustained, including any liquidated damages provided under the Contract Documents, such excess shall be paid to Design Build Entity. If such costs, expenses, losses, and liquidated damages exceed the unpaid balance of the Contract Sum, Design Build Entity shall pay such excess to the City. 13.2.6 No termination or action taken by the City after termination shall prejudice any other rights or remedies of the City provided by law or by the Contract Documents upon such termination; and the City may proceed against Design Build Entity to recover all losses suffered by the City. 13.3 SUSPENSION BY THE CITY FOR CONVENIENCE 13.3.1 The City may, at any time and from time to time, without cause, order Design Build Entity, in writing, to suspend, delay, or interrupt the Work in whole or in part for such period of time, up to 90 days, as the City may determine, with such period of suspension to be computed from the date of delivery of the written order. Such order shall be specifically identified as a "Suspension Order" under this Article 13.3. The Work may be stopped for such further period as the parties may agree. Upon receipt of a Suspension Order, Design Build Entity shall, at the City's expense, comply with its terms and take all reasonable 2-15-12 Page 52 of 58 General Conditions c -~ '-\!o. CITY OF ·~CARLSBAD Alga Norte Community Park Solar PV Contract No. 38372 steps to minimize costs allocable to the Work covered by the Suspension Order during the period of Work stoppage. Within 90 days after the issuance of the Suspension Order, or such extension to that period as is agreed upon by Design Build Entity and the City, City shall either cancel the Suspension Order or delete the Work covered by such Suspension Order by issuing a Change Order. 13.3.2 If a Suspension Order is canceled or expires, Design Build Entity shall continue with the Work. A Change Order will be issued to cover any adjustments of the Contract Sum or the Contract Time necessarily caused by such suspension. Any Claim by Design Build Entity for an adjustment of the Contract Sum or the Contract Time shall be made within 21 days after the end of the Work suspension. Design Build Entity agrees that submission of its claim within said 21 days is an express condition precedent to its right to Arbitrate or Litigate such a claim. 13.3.3 The provisions of this Article 13.3 shall not apply if a Suspension Order is not issued by the City. A Suspension Order shall not be required to stop the Work as permitted or required under any other provision of the Contract Documents. 13.4 TERMINATION BY THE CITY FOR CONVENIENCE 13.4.1 The City may, at its option, terminate this Contract, in whole or from time to time in part, at any time by giving notice to Design Build Entity. Upon such termination, Design Build Entity agrees to waive any claims for damages, including loss of anticipated profits, on account thereof; and, as the sole right and remedy of Design Build Entity, the City shall pay Design Build Entity in accordance with Article 13.4.4 below. 13.4.2 Upon receipt of notice of termination under this Article 13.4, Design Build Entity shall, unless the notice directs otherwise, do the following: .1 Immediately discontinue the Work to the extent specified in the notice . . 2 Place no further orders or subcontracts for materials, equipment, services, or facilities, except as may be necessary for completion of such portion of the Work as is not discontinued . . 3 Promptly cancel, on the most favorable terms reasonably possible, all subcontracts to the extent they relate to the performance of the discontinued portion of the Work . .4 Thereafter, do only such Work as may be necessary to preserve and protect Work already in progress and to protect materials, plants, and equipment on the Project site or in transit thereto. 13.4.3 Upon such termination, the obligations of the Contract shall continue as to portions of the Work already performed and, subject to Design Build Entity's obligations under Article 13.4.2 above, as to bona fide obligations assumed by Design Build Entity prior to the date of termination. 13.4.4 Upon such termination, the City shall pay to Design Build Entity the sum of the following: .1 The amount of the Contract Sum allocable to the portion of the Work properly performed by Design Build Entity as of the date of termination, less sums previously paid to Design Build Entity . . 2 incorporation in the Work . . 3 Plus any proven losses with respect to materials and equipment directly resulting from such termination . . 4 Plus reasonable demobilization costs . . 5 Plus reasonable costs of preparing a statement of the aforesaid costs, expenses, and losses in connection with such termination. 13.4.5 The above payment shall be the sole and exclusive remedy to which Design Build Entity is entitled in the event of termination of the Contract by the City pursuant to this Article 13.4; and Design Build Entity will be entitled to no other compensation or damages and expressly waives same. ARTICLE 14 2-15-12 Page 53 of 58 General Conditions (4'~ CITY Of .,. Alga Norte Community Park Solar PV Contract No. 38372 ,~CARLSBAD STATUTORY AND OTHER REQUIREMENTS 14.1 NONDISCRIMINATION 14.1.1 For purposes of this Article 14.1, the term Subcontractor shall not include suppliers, manufacturers, or distributors. 14.1.2 Design Build Entity shall comply and shall ensure that all Subcontractors comply with Sections 12900 through 12996 of the State of California Government Code. 14.1.3 Design Build Entity agrees as follows during the performance of the Work: .1 Design Build Entity shall provide equal treatment to, and shall not willfully discriminate against or allow harassment of any employee or applicant for employment on the basis of: race; color; religion; sex; age; ancestry; national origin; sexual orientation; physical or mental disability; veteran's status; medical condition (as defined in Section 12926 of the State of California Government Code and including cancer-related medical conditions and or genetic characteristics); genetic information (as defined in the Genetic Information Nondiscrimination Act of 2008 and including family medical history); marital status; gender identity, pregnancy, or citizenship (within the limits imposed by law or the City's policy) or service in the uniformed services (as defined by the Uniformed Services Employment and Reemployment Rights Act of 1994 ). Design Build Entity will also take affirmative action to ensure that any such employee or applicant for employment is not discriminated against on any of the bases identified above. Such equal treatment shall apply, but not be limited to the following: employment; upgrade; demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Design Build Entity also agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. The Design Build Entity will, in all solicitations or advertisements for employees placed by or on behalf of the Design Build Entity, state that qualified applicants will receive consideration for employment without regard to: race; color; religion; sex; age; ancestry; national origin; sexual orientation; physical or mental disability; veteran's status; medical condition (as defined in Section 12926 of the State of California Government Code and including cancer-related medical conditions and or genetic characteristics); genetic information (as defined in the Genetic Information Nondiscrimination Act of 2008 and including family medical history); marital status; gender identity, pregnancy, or citizenship (within the limits imposed by law or the City's policy) or service in the uniformed services (as defined by the Uniformed Services Employment and Reemployment Rights Act of 1994). For purposes of this provision: (1) "Pregnancy" includes pregnancy, childbirth, and medical conditions related to pregnancy and childbirth; and (2) "Service in the uniformed services" includes membership, application for membership, performance of service, application for service, or obligation for service in the uniformed services . . 2 Design Build Entity and all Subcontractors will permit access to their records of employment, employment advertisements, application forms, and other pertinent data and records by the City or any appropriate agency of the State of California designated by the City for the purposes of investigation to ascertain compliance with this Article 14.1. The outcome of the investigation may result in the following: 2-15-12 .1 A finding of willful violation of the provisions of this Contract or of the Fair Employment Practices Act may be regarded by the City as (1) a basis for determining that Design Build Entity is not a "responsible bidder" as to future contracts for which such Design Build Entity may submit bids, or (2) a basis for refusing to accept or consider the bids of Design Build Entity for future contracts . . 2 The City may deem a finding of willful violation of the Fair Employment Practices Act to have occurred upon receipt of written notice from the Fair Employment Practices Commission that it has (1) investigated and determined that Design Build Entity has violated the Fair Employment Practices Act, and (2) issued an order under the State of California Government Code Section 12970 or obtained an injunction under Government Code Section 12973 . . 3 Upon receipt of such written notice from the Fair Employment Practices Commission, City may notify Design Build Entity that, unless it demonstrates to the satisfaction of City within a stated period that the violation has been corrected, Design Build Entity's Proposals on future projects will not be considered . .4 Design Build Entity agrees that, should the City determine that Design Build Entity has not complied with this Article 14.1, Design Build Entity shall forfeit to the City, as a penalty, for each day or portion thereof, for each person who was denied employment as a result of such non-compliance Such penalty amounts Page 54 of 58 General Conditions CITY OF CARLSBAD Alga Norte Community Park Solar PV Contract No. 38372 2-15-12 may be recovered from Design Build Entity; and the City may deduct any such penalty amounts from the Contract Sum . . 5 Nothing contained in this Article 14.1 shall be construed in any manner so as to prevent the City from pursuing any other remedies that may be available at law . . 6 Design Build Entity shall meet the following standards for compliance and provide the City with satisfactory evidence of such compliance upon the City's request, which shall be evaluated in each case by the City: .1 Design Build Entity shall notify its Superintendent and other supervisory personnel of the nondiscrimination requirements of the Contract Documents and their responsibilities thereto . . 2 Design Build Entity shall notify all sources of employee referrals (including unions, employment agencies, and the State of California Department of Employment) of the nondiscrimination requirements of the Contract Documents by sending to such sources and by posting the Notice of Equal Employment Opportunity (EEO) . . 3 Design Build Entity or its representative shall, through all unions with whom it may have agreements, develop agreements that (1) define responsibilities for nondiscrimination in hiring, referrals, upgrading, and training and (2) implement an affirmative nondiscrimination program, in terms of the unions' specific areas of skill and geography, such that qualified minority women, non-minority women, and minority men shall be available and given an equal opportunity for employment. .4 Design Build Entity shall notify the City of opposition to the nondiscrimination requirements of the Contract Documents by individuals, firms, or organizations during the term of the Contract. . 7 During the performance of this contract, the recipient, Design Builder and its subcontractors shall not deny the contract's benefits to any person on the basis of religion, color, ethnic group identification, sex, age, physical or mental disability, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, mental disability, medical condition, sexual orientation, marital status, age (over 40) or sex. Design Builder shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. .8 Labor Code Section 1735 requires as follows: The Design Builder shall not discriminate in the employment of persons upon public works on any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code, except as otherwise provided in Section 12940 of the Government Code. Every contractor for public works who violates this section is subject to all the penalties imposed for a violation of this chapter. A violation of any of the Fair Employment Practices requirements of this Contract or of the California Fair Employment Practices Act shall be regarded by the awarding authority as a basis for determining the Design Builder to be not a "responsible "bidder'" as to future contracts for which such Design Builder may submit bids, for revoking the Design Builder's pre-qualification rating, if any, and for refusing to establish, re-establish or renew a pre-qualification rating for the Design Builder and any other contractual remedies and rights that may be available to the City to enforce compliance or penalize Design Builder for non-compliance. The Design Builder agrees, that should the awarding authority determine that the Design Builder has not complied with the Fair Employment Practices section of this Contract, then pursuant to Labor Code Sections 1735 and 1775, the Design Builder shall, as a penalty to the Awarding Authority forfeit, for each calendar day, or portion thereof, for each person who was denied employment as a result of such non-compliance, the penalties provided in the Labor Code for violation of prevailing wage rates. Such monies may be recovered from the Design Builder. The awarding authority may deduct any such damages from any monies due the Design Builder Design Build Entity shall include the provisions of the foregoing Articles 14.1.3.2.1 through 14.1.3.2. 7 in all subcontracts with Subcontractors, so that such provisions will be binding upon each such Subcontractor. Page 55 of 58 General Conditions -~ ...._, -~ CITY OF (~ .... Alga Norte Community Park '~ CARLSBAD SolarPV ' L.; 1 ~.; ,! Contract No. 38372 14.2 NOT USED 14.3 NOT USED 14.4 NOT USED 14.5 CONSTRUCTION WORK-DAY 14.5.1 Design Build Entity shall not permit any worker to labor more than 8 hours during any 1 day or more than 40 hours during any 1 calendar week, except as permitted by law and in such cases only upon such conditions as are provided by law. Design Build Entity shall forfeit to the City, as a penalty, $25 for each worker employed in the execution of this Contract by Design Build Entity, or any Subcontractor, for each day during which such worker is required or permitted to work more than 8 hours in any 1 day and 40 hours in any 1 calendar week in violation of the terms ofthis Article 14.5 or in violation of the provisions of any law of the State of California. Such forfeiture amounts may be deducted from the Contract Sum. Design Build Entity and each Subcontractor shall keep, or cause to be kept, an accurate record showing the actual hours worked each day and each calendar week by each worker employed on the Project, which record shall be kept open at all reasonable hours to the inspection of the City, its officers and agents, and to the inspection of the appropriate enforcement agency of the State of California ARTICLE 15 MISCELLANEOUS PROVISIONS 15.1 GOVERNING LAW 15.1.1 This Contract shall be governed by the laws of the State of California. 15.2 SUCCESSORS AND ASSIGNS 15.2.1 The City and Design Build Entity respectively bind themselves and their successors, permitted assigns, and legal representatives to the other party and to the successors, permitted assigns, and legal representatives of such other party in respect to covenants, agreements, and obligations contained in the Contract Documents. Neither party to the Contract shall assign the Contract, in whole or in part, without prior written consent of the other party. Notwithstanding any such assignment, each of the original contracting parties shall remain legally responsible for all of its obligations under the Contract. 15.3 RIGHTS AND REMEDIES 15.3.1 All City's rights and remedies under the Contract Documents will be cumulative and in addition to, and not in limitation of, all other rights and remedies of the City under the Contract Documents or otherwise available at law or in equity. 15.3.2 No action or failure to act by the City or City's Representative will constitute a waiver of a right afforded them under the Contract, nor will such action or failure to act constitute approval of or acquiescence in a condition or breach thereunder, except as may be specifically agreed in writing. No waiver by the City or City's Representative of any condition, breach or default will constitute a waiver of any other condition, breach or default; nor will any such waiver constitute a continuing waiver. 15.3.3 No provision contained in the Contract Documents shall create or give to third parties any claim or right of action against the City, City's Representative, or Design Build Entity. 15.4 SURVIVAL 15.4.1 The provisions of the Contract which by their nature survive termination of the Contract or Final Completion, including all warranties, indemnities, payment obligations, and the City's right to audit Design Build Entity's books and records, shall remain in full force and effect after Final Completion or any termination of the Contract. 15.5 COMPLETE AGREEMENT 2-15-12 Page 56 of 58 General Conditions CITY OF CARLSBAD Alga Norte Community Park SolarPV Contract No. 38372 15.5.1 The Contract Documents constitute the full and complete understanding of the parties and supersede any previous agreements or understandings, oral or written, with respect to the subject matter hereof. The Contract may be modified only by a written instrument signed by both parties or as provided in Article 7 of the General Conditions. 15.6 SEVERABILITY OF PROVISIONS 15.6.1 If any one or more of the provisions contained in the Contract Documents should be invalid, illegal, or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby. 15.7 THE CITY'S RIGHT TO AUDIT 15. 7.1 The City and entities and agencies designated by the City will have access to and the right to audit and the right to copy at City's cost all of Design Build Entity's books, records, contracts, correspondence, instructions, drawings, receipts, vouchers, purchase orders, and memoranda relating to the Work. Design Build Entity shall preserve all such records and other items during the performance of the Contract and for a period of at least 3 years after Final Completion. 15.8 NOTICES 15.8.1 Except as otherwise provided, all notices, requests, demands, and other communications to be given under the Contract Documents shall be in writing and shall be transmitted by one of the following methods: .1 Personally delivered . . 2 Sent by facsimile where receipt is confirmed . . 3 Sent by courier where receipt is confirmed . .4 Sent by registered or certified mail, postage prepaid, return receipt requested. 15.8.2 Such notices and other communications in above Article 15.8.1 shall be deemed given and received upon actual receipt in the case of all except registered or certified mail; and in the case of registered or certified mail, on the date shown on the return receipt or the date delivery during normal business hours was attempted. Such notices and communications shall be given at the respective street addresses set forth in the Agreement. Such street addresses may be changed by notice given in accordance with this Article 15.8. 15.9 TIME OF THE ESSENCE 15.9.1 Time limits stated in the Contract Documents are of the essence of the Contract. 15.10 MUTUAL DUTY TO MITIGATE 15.1 0 .1 The City and Design Build Entity shall use all reasonable and economically practicable efforts to mitigate delays and damages to the Project and to one another with respect to the Project, regardless of the cause of such delay or damage. 15.11 DESIGN BUILDER'S AWARENESS AND COMPLIANCE WITH ADA ACT OF 1990 AND RELATED STANDARDS 15.11 .1 The Design Builder's execution of the signature portion of the proposal shall constitute that the Design Builder is aware of the requirements of the Americans with Disabilities Act of 1990 ( 42 USC §§ 121 01 ) and related accessibility standards and has complied with and will comply with these requirements, including, but not limited to verifying compliance of their contractors, consultants, agents and employees and constructing the project consistent with current accessibility statutes and regulations 15.11.2 The Design Builder shall be responsible to verify with the City that that all finished sidewalk, ramp, entry access grades, and travel paths strictly meet ADA requirements using a 2-foot long electronic "smart level" or other device acceptable to City. General "construction tolerances" are unacceptable. The above requirements shall supersede grades shown on plans. If these requirements cannot be met with the existing grades or other physical or practical limitations, Design Builder shall immediately notify City for direction before work takes place. Design Builder shall be responsible for the costs of any corrective work due to Design Builder's failure to meet these requirements. 2-15-12 Page 57 of 58 General Conditions <,(~ CITY OF ,~CARLSBAD Alga Norte Community Park Solar PV Contract No. 38372 15.11.3 The City of Carlsbad does not discriminate on the basis of handicapped status in the admission or access to, or treatment of, or employment in its programs or activities 2-15-12 Page 58 of 58 General Conditions '(- c «~ CITY OF ~CARLSBAD CAL~~ORNIA SUPPLEMENTARY CONDITIONS Alga Norte Community Park Solar PV Project Contract No. 3837 A 1. MODIFICATION OF GENERAL CONDITIONS, ARTICLE 1 -GENERAL PROVISIONS El-l b1 .._,a:: -rt.. The "AMI 1itect of Record" as referred to in the General Conditions in Article 1.1.3 is: (Name) (License Number) 2. MODIFICATION OF GENERAL CONDITIONS ARTICLE 2-City 1 .3.8 Design Builder acknowledges that at various times throughout the progression of the Project, certain City staff members will interact with the Design Builder or Design Builder's Subcontractors in the normal course of fulfilling the City's regulatory duty over a construction project within the City's jurisdiction. Design Builder agrees that any actions taken by the City in the normal performance the City's regulatory duties shall not be construed as an action that can trigger any compensable or non- compensable delays, nor any additional costs to the project 2-15-12 Page 1 of 1 Supplementary Conditions c <:._(~ CITY Of ·~CARLSBAD PRICING PROPOSAL FORM FOR ALGA NORTE COMMUNITY PARK PROJECT NO. 38372 & 39251 THE CITY OF CARLSBAD CARLSBAD, CALIFORNIA DATE 11/21/2013 PROPOSAL TO: THE CITY OF CARLSBAD Kevin Davis 1635 Faraday Carlsbad, CA 92008 Alga Norte Community Park Solar PV Project Project No. 38372 & 39251 c (760) 4602-2466 c PROPOSAL FROM: Independent Energy Solutions, Inc (Name of Firm Submitting Proposal) 1090 Joshua Way (Address) Vista, CA 92081 (City, State, Zip Code) 760-752-9706 Fax: 760-752-9758 (Telephone & Fax Number) 11/21/2013 (Date Submitted) Note: All portions of this Pricing Proposal Form must be completed and must include the signed Declaration on the last page of this form before the Proposal is submitted. Failure to execute the Declaration will result in the Proposal being rejected as nonresponsive. Date Page 1 of 5 Pricing Proposal Form CITY Of CARLSBAD Alga Norte Community Park Solar PV Project Project No. 38372 & 39251 1.0 PROPOSER'S REPRESENTATIONS Proposer, represents that a) it has the appropriate active Contractor's license required by the State of California; b) it has carefully read and examined the Proposal Documents for the proposed Work on this Project; c) it has examined the site of the proposed Work and all information available to Prequalified Proposers; d) it has become familiar with all the conditions related to the proposed Work, including the availability of labor, materials, and equipment; e) that all information and submittals provided as part of the prequalification process are accurate and correct. Proposer hereby offers to furnish all labor, materials, equipment, tools, transportation, and services necessary to complete the proposed Work on this Project in accordance with the Contract Documents for the sums quoted. Proposer further agrees that it will not withdraw its Proposal within 45 days after the Proposal Deadline, and that, if it is selected as the apparent "best value" responsive and responsible Proposer, that it will, within 10 days after receipt of notice of selection, sign and deliver to City the Agreement in triplicate and furnish to City all items required by the Proposal Documents. If awarded the Contract, Proposer agrees to complete the proposed Work within the number of days specified in the Agreement. 2.0 ADDENDA Proposer acknowledges that it is Proposer's responsibility to ascertain whether any Addenda have been issued and if so, to obtain copies of such Addenda from City's facility at the appropriate address stated on Page 1 of this Price Proposal Form. Proposer therefore agrees to be bound by all Addenda that have been issued for this Proposal. 3.0 The Total Project Cost shall include all costs to complete the Work and shall include all allowances and any involuntary changes that impacts the Total Project Cost. The Total Project Cost shall NOT include any voluntary Project Enhancements/Innovations/Energy Efficiency Voluntary Alternatives submitted in the Proposal or any Alternatives defined herein. 4.0 PRICING PROPOSAL PRICING PROPOSAL TOTAL PROJECT COST= $XX,XXX:,XXX: $[I], l9l1lsl, lolsi41* (Place figures in appropriate boxes.) Date Page 2 of 5 Pricing Proposal Form c <;l~ CITY Of ~CARLSBAD orte Community Park Solar PV Project roject No. 38372 & 39251 5.0 DAILY RATE OF COMPENSATION FOR COMPENSABLE DELAYJ -Phase 3 Pro oser shall determine and provide in the space below, the daily rate of com dela aused by City at any time during the performance of the Work: (Place Daily Rate in appropriate boxes.) City will perfor the extension of the daily rate times the multiplier. The daily rate sho above will be the total amount of Proposer e itlement for each day of compensable delay. The number of days f compensable delay shown as a "multipli r" above is not intended as an estimate of the number of days of co ensable delay anticipated by the City. he City will pay the daily rate of compensation only for the actual nu er of days of compensable delay, s defined in the General Conditions; the actual number of days of compe able delay may be greater or les er than the "multiplier" shown above. 6.0 ALTERNATIVES Provide all design, engineering, co dination, labor, materials, equipment, accessories, and Design Build Entity and subcontractor overhead, rk-up, an rofit required for the following Alternates. Indicate by marking only one of the three boxes {" d", "D uct", or "No Change") and state the amount by placing figures in the corresponding boxes. Che t "No Change" box when there is no change in the Pricing Proposal. Failure to quote an amount or c k "No Change" or the insertion of any words that qualify the Price Proposal will result in the Proposal b 1n ejected as nonresponsive. No extension of time will be granted if the Alternate is accepted. Alternate No. 1 - Substitute natural grass baseball fields with Synthetic Turf, as define in the, City Provided Information, Design Change Narrative. Date (Place figu s in appropriate boxes.) City reserves the right to accept this alternate concurrent with the Notice t Proceed for Phase 1. 7--AGE DELETED OAdd 0 Deduct 0 No Change Page 3 of 5 Pricing Proposal Form (_(~ CITY Of ~CARLSBAD C /'. i. 'i (J f( N .;\ 7.0 PROPOSER INFORMATION TYPE OF ORGANIZATION: Alga Norte Community Park Solar PV Project Project No. 38372 & 39251 Corporation. ________ ---:=-----=-----::-:--:-:---:---:---:----: (Corporation, Partnership, Individual, Joint Venture, etc.) IF A CORPORATION. THE CORPORATION IS ORGANIZED UNDER THE LAWS OF: THE STATE OF ____ California ________ _ (State) NAME OF PRESIDENT OF THE CORPORATION: Linda Strand-------.,..,..--.,-----,------------- (lnsert Name) NAME OF SECRETARY OF THE CORPORATION: (Insert Name) f"""' IF A PARTNERSHIP. NAMES AND TITLES OF PERSONS SIGNING THE BID ON BEHALF OF PROPOSER '-" AND ALL GENERAL PARTNERS: PERSONS SIGNING THE BID ON BEHALF OF PROPOSER: (Insert Name and Title} GENERAL PARTNERS: (Insert Names) (Insert Names-continued} CALIFORNIA CONTRACTORS LICENSE(S): Independent Energy Solutions, Inc. B, C-10 (Classification) (Name of Licensee) 805159 (License Number) 03/31/2014 (Expiration Date) (For Joint Venture, list Joint Venture's license and licenses for all Joint Venture partners.) c Date Page 4 of 5 Pricing Proposal Form c c c 1 r r o 1 CARLSBAD 8.0 REQUIRED COMPLETED ATTACHMENTS The following documents are submitted with and made a condition of this Proposal: Alga Norte Community Park Solar PV Project Project No. 38372 & 39251 1. Proposal security in the form of -----------,------- (Bid Bond or Certified Check) 9.0 DECLARATION I, Linda Strand (Printed name), hereby declare that I am the _________ President (Title) of Independent Energy Solutions, Inc. (Name of Proposer) submitting this Price Proposal Form; that I am duly authorized to execute this Price Proposal Form on behalf of Proposer; and that all information set forth in this Price Proposal Form and all attachments hereto are, to the best of my knowledge, true, accurate, and complete as of its submission date. I declare, under penalty of perjury, that the foregoing is true and correct and that this declaration was subscribed at: Independent Energy Solutions. Inc. Vista ___ (Location and city), County of San Diego , State of __ California ________ _ on __ 11/21/2013 _____ (Date). Date Page 5 of 5 Pricing Proposal Form Areas for the Bidder to provide values Areas that will be calculated by formula Provided Information Benefits Year 0 Year 1 Year 2 Year 3 Annual benefit flow Cumulative benefit flow Discounted benefits Total discounted benefit flow Total cumulative discounted benefit flow $ $ /""" ··"""""'. Allowances: A: City Provided Allowances: $15,000 for SCAD A System Integration c c Po\'Verful. Rene\'Vable. Reliable . • Independent Energy Solutions Solar Electric Engineering & Construction is pleased to present this Design-Build Solar Photovoltaic System proposal for ~ CITY OF ~CARLSBAD C'Al.II'O~t~ A Presented to: Kevin Davis City of Carlsbad Office 1635 Faraday Avenue Carlsbad, CA 92008 E-mail: Kevin.davis@carlsbadca.gov Thursday, November 21, 2013 IES is a proud member of: Presented by: Ken Riley Sales Engineer kriley@indenergysolutions.com 1090 Joshua Way Vista, CA 92081 Tel: 760-752-9706 www.indenergysolutions.com Ca Lie. No. 805159 c c • ~Independent ~ Energy Solutions Thursday, November 21, 2013 Kevin Davis The City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Dear Mr. Davis: Independent Energy Solutions, Inc. (IES) is pleased to present you with the following proposal for the installation of a photovoltaic system at the site of the new Alga Norte Community Park. IES has built a widely recognized reputation and record of accomplishment in commercial and industrial photovoltaic design/build experience. Over the past 15 years, IES has been one of the region's most respected and reliable PV design/build firms -consistently supporting the Utility, Federal, State, University and Commercial sector. For this project, we will utilize our in-house team of highly experienced professionals with longstanding expertise designing and installing photovoltaic systems. We are confident that the team's collective skills, experience, and track record of successfully completed projects that exceed our clients' goals will be brought to bear on this project. We appreciate the opportunity to present this proposal, and look forward to working with you. Sincerely, Troy Strand Chief Operating Officer CA Lie. No. 805159 Independent Energy Solutions, Inc. 1090 Joshua Way, Vista, CA 92081 www.indenergysolutions.com Confidentiality Notice: The information contained in this proposal and any attachments is considered a confidential and/or privileged communication between Independent Energy Solutions, Inc. and the recipient. c • ~Independent ..._...., Energy Solutions TABLE OF CONTENTS EXECUTIVE SUMMARY ••••••••••••••.•••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 1 Advantages to Working with IES ................................................................................................. 1 SIGNIFICANT COMPONENTS ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 2 Modules ...................................................................................................................................... 2 Record-Breaking Solar Technology ............................................................................................. 2 Best Solar Performance in Real-World Conditions ..................................................................... 2 Inverters ...................................................................................................................................... 3 Monitoring System ...................................................................................................................... 4 Custom Carport Solution ............................................................................................................ 4 Compliance and Safety ............................................................................................................... 5 Operation and Maintenance ....................................................................................................... 5 ASSUMPTIONS AND EXCLUSIONS ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 6 Base Assumptions Regarding Price ............................................................................................. 6 Specifically Excluded from Pricing .............................................................................................. 7 Notes for Clarification ................................................................................................................. 7 WARRANTIES ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 7 System Warranty: ................................................................................................................................................. 7 Workmanship Warranty: ...................................................................................................................................... 8 SCHEDULE •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 9 VALUE SUMMARY •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 10 Moving Forward ........................................................................................................................ 10 APPENDIX A: PROJECT LAYOUT ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• A-1 APPENDIX 8: SPEC SHEETS ................................................................................................................ B-1 CA Lie. No. 805159 Independent Energy Solutions, Inc. 1090 Joshua Way, Vista, CA 92081 www.indenergysolutions.com Confidentiality Notice: The information contained in this proposal and any attachments is considered a confidential arid/or privileged communication between Independent Energy Solutions, Inc. and the recipient. ii r ....... c • ~ Independent ~ Energy Solutions EXECUTIVE SUMMARY In summary, IES is offering the following equipment and corresponding expected energy performance in this proposal. • • • • • • • • • • 720 SunPower SPR-X21-345-COM solar modules Ten SMA Tripower 20000TL-US-10 277/480 3-phase string inverters Draker monitoring system Custom carport solution 10 year system warranty 10 year workmanship warranty 25 year module warranty 10 year inverter warranty 5 year monitoring system warranty 1 year of O&M support at no additional cost Appendix A provides a preliminary layout for the proposed solution. The proposed solution is expected to produce 403,923 kWh annually. This estimate was generated using PV-SIM, which more accurately estimates the energy production for SunPower modules. This is in contrast to the energy estimate of 369,080 kWh produced by the CSI EPBB calculator. IES would be pleased to provide further documentation to substantiate this assumption. Energy production values are estimates at this stage. During the Design Phase detailed models will be built which will provide more accurate energy production estimates. Advantages to Working with IES • IES is a local, Woman-Owned Business Enterprise (WBE) that employs residents of San Diego County CA Lie. No. 805159 Independent Energy Solutions, Inc. 1090 Joshua Way, Vista, CA 92081 www.indenergysolutlons.com Confidentiality Notice: The information contained in this proposal and any attachments is considered a confidential and/or privileged communication between Independent Energy Solutions, Inc. and the recipient. 1 c c • ~Independent ~ Energy Solutions • Our company has a no change order, firm fixed price culture which is dedicated to providing our clients with a superior product on the schedule and budget to which we commit • We have a superior safety record and Experience Modification Rating (EMR) • IES self-performs all major trades, ensuring a high-quality installation • The use of string inverters creates AC power at the carport canopies; which allows for greater fire safety while significantly decreasing losses due to DC voltage drops o The redundancy of inverters allows energy production in the event that one inverter goes down. In such a situation, there is no single point of failure o The distributed system results in an overall higher energy yield • IES' design is compliant with City of Carlsbad code and has a high probability of acceptance by city permitting officials • References confirming IES' commitment to excellence and track record are available upon request SIGNIFICANT COMPONENTS Modules SUN POWER Record-Breaking Solar Technology SunPower® commercial solar solutions are powered by the world's most efficient solar technology. Operating at an efficiency of up to 24%, SunPower solar cells designed with the patented SunPower Maxeon™ technology produce up to 50% more energy per square foot than other solar technologies and consistently outperform other solar technologies in a broad range of real-world conditions, including high temperatures, low light and over extended periods of time Best Solar Performance in Real-World Conditions • SunPower panels outperform others early in the morning, late in the day, and on cloudy days. • They effectively absorb different wavelengths of light to generate more electricity. • They perform better at high temperatures than others. Because they're more efficient at converting light into electricity (and not heat), the hotter it gets outside, the better they perform compared to the competition. CA lie. No. 805159 Independent Energy Solutions, Inc. 1090 Joshua Way, Vista, CA 92081 www.indenergysolutions.com Confidentiality Notice: The information contained in this proposal and any attachments is considered a confidential and/or privileged communication between Independent Energy Solutions, Inc. and the recipient. 2 c c • • ~ Independent ~ Energy Solutions They maintain efficiency during initial break-in. Most panels lose 3% efficiency when first exposed to sunlight. Not SunPower. From end to end, SunPower guarantees you the highest level of solar energy system performance. Installation is fast to minimize disruption. And SunPower· panels perform. Ten years of comprehensive data show that on average, SunPower"' solar panels deliver 105 percent of their expected energy production. Plus, they're built to withstand real-world conditions, so your long-term maintenance costs are impressively low-with an impressively high 98 percent uptime. Industry-Leading Solar Warranty With SunPower's industry leading 25 year combined product and power warranty, your solar energy system will be protected for years to come. SunPower controls the entire production process to ensure that the highest quality product reaches your rooftop and produces the most energy over the life of your system. As a publicly-listed, financially-sound company, you can feel confident knowing that SunPower will be here to help you play a significant part in America's energy future. Inverters SMA America, founded in 1981, is the world leader in solar inverter technology with over three gigawatts installed and manufacturing divisions in nine countries on four continents. SMA inverters have been proven over time to consistently perform in extreme and oceanic environments. Additionally, SMA has received numerous awards for its product solutions and exceptional corporate culture. SMA Tripower: SMA's new Sunny Tripower is raising the level of performance for decentralized commercial PV plants. This three-phase transformerless inverter is UL listed for up to 1000 V DC maximum system voltage and has peak efficiency above 98 percent, while OptiTrac Global Peak minimizes the effects of shade for maximum energy production. The Sunny Tripower delivers a future-proof solution with full grid management, and communications and monitoring features. The Sunny Tripower is also equipped with all- pole ground fault protection and integrated AFCI for a safe, reliable solution. It offers unmatched flexibility with a wide input voltage range and two independent MPP trackers. Suitable for both 600 V DC and 1,000 V DC applications, the Sunny Tripower allows for flexible design and a lower levelized cost of energy. CA Lie. No. 805159 Independent Energy Solutions, Inc. 1090 Joshua Way, Vista, CA 92081 www.indenergysolutions.com Confidentiality Notice: The information contained in this proposal and any attachments is considered a confidential and/or privileged communication between Independent Energy Solutions, Inc. and the recipient. 3 • 1e5 Independent .-.szr Energy Solutions ~ 1•'-•fk IJt)-•,f\.,"tryt.C....q: lf\K"': .., SMA offers a 10 year warranty for their Tripower Inverter. Monitoring System ·DRAKER Draker is a fulJ service provider of turnkey monitoring solutions for commercial and utility scale renewable energy projects. Founded in 1999 and manufacturing in Vermont, Draker is the oldest independent solar monitoring provider in the U.S. They have installed more than two hundred data acquisition systems at commercial sites throughout the world. In addition to pre-testing aJl components pre-shipment, Draker utilizes only the highest quality monitoring equipment, confidently providing a better than industry standard warranty on all components. Draker maintains a high level of customer satisfaction and unsurpassed level of customer service. IES and Draker will combine our extensive experience to design a custom, web-based third party monitoring solution that will display the live and historical production data of each inverter in this system. Custom Carport Solution IES proposes the use of a custom engineered carport solution as a method of supporting the proposed PV system in the parking lot. IES has designed an aesthetically pleasing structure integrated with solar PV generation to provide a dual benefit (shaded parking and renewable energy generation). CA Uc. No. 805159 lnde.pendent Energy Solutions, Inc. 1090 Joshua Way, Vista, CA 92081 www.lndenergysolutlons.com Confidentiality Notice: The information contained in this proposal and any attachments is considered a confidential and/or privileged communication between Independent Energy Solutions, Inc. and the recipient. 4 c c • ~ Independent lllliilriiiP Energy Solutions The 2-post carport systems will be constructed of sufficient strength to meet seismic and wind load criteria. The structures will be constructed with painted structural steel to withstand the environment and will be mounted to structural columns located 27' on center. The carport systems will be constructed with steel columns and beams supporting c-purlins. The modules will be mounted in portrait orientation to the purlins using mid/end clamps. The following aesthetic and/or functional options will be presented to the City of Carlsbad for consideration but are not included in this proposal as the design process will influence the usefulness of these items: • Galvanized sheet metal or extruded steel grating mounted to the underside of the purlins to protect and encapsulate exposed USE-2 outdoor wire • Bollard, abutments, etc. to protect the carport structure from vehicle damage The carport canopy systems will be equipped with an under canopy lighting system which will be controlled by a lighting control system. The lighting will provide suitable illumination of the covered parking areas during night time hours. Compliance and Safety The Photovoltaic System will conform to the 2011 National Electrical Code, Article 690, utility interconnection standards and the Authority Having Jurisdiction. A complete equipment grounding system will be provided such that all photovoltaic modules, metallic structures, enclosures, raceways, junction boxes, outlet boxes and all other conductive items shall have a low impedance path to ground for possible fault currents. Commissioning Techniques IES employs a full-time Commissioning and Service Department. The Commissioning Department follows a set of commissioning protocol and documentation processes to pre- test, test, and post-test systems that ensure every system is functioning properly at multiple stages of the commissioning process. This process is overseen by the Director of Construction. Operation and Maintenance IES recognizes that Operation and Maintenance (O&M) procedures are fundamentally important. Proper O&M procedures protect the performance of the system and provide valuable information for the safe operation of the equipment. Sub-standard maintenance or incorrect operation can degrade the life of the system. IES has included one (1) year of O&M for this system. To ensure that important O&M information is communicated to the client, IES will provide a comprehensive O&M manual and instructions prior to the CA Lie. No. 805159 Independent Energy Solutions, Inc. 1090 Joshua Way, Vista, CA 92081 www.lndenergysolutions.com Confidentiality Notice: The information contained in this proposal and any attachments is considered a confidential and/or privileged communication between Independent Energy Solutions, Inc. and the recipient. 5 c c • ~Independent ~ Energy Solutions expiration of the O&M term. The contents of the O&M manual include, but are not limited to: • List of major equipment and operation manuals • As-built versions of plans and drawings • Copies of files and shop drawings • Shut down and start-up procedures • Performance prediction • Full commissioning report, pre-test Open System Test and 48 hour run test results • Onsite training of Facility staff • Warranty statements • Semiannual System Maintenance • Start up shutdown Procedure • System Warranties • Video Training ASSUMPTIONS AND EXCLUSIONS Base Assumptions Regarding Price • Data Acquisition System specified for the PV monitoring includes 5 years of monitoring and assumes adequate cellular coverage at the proposed site • IES will obtain permits and utility approvals necessary to install the PV System • All equipment used in this project will meet or exceed all currently applicable and proposed safety and interconnection standards • All PV system equipment and components will be UL-certified, and meet existing facility structural weight requirements and fire safety requirements • All proposed technology and equipment will meet or exceed all currently applicable and proposed environmental standards • Interconnection work/outages will be scheduled to accommodate customer needs. All work to be performed during normal business hours, or will be scheduled in advance for IES crews. No overtime is assumed • IES will validate the structure and PV system for seismic and wind loading. All calculations will be stamped by a licensed California Registered Structural Professional Engineer • IES will provide electrical drawings stamped by a licensed California Registered Electrical Professional Engineer • String inverters to be located on the carport columns • System/installation will meet all SDGE requirements for interconnection with appropriate documentation. IES will be responsible for providing all documentation • System will meet fault duty requirements at this location • Installation scheduling to be carefully coordinated with IES CA Lie. No. 805159 Independent Energy Solutions, Inc. 1090 Joshua Way, Vista, CA 92081 www.indenergysolutions.com Confidentiality Notice: The information contained in this proposal and any attachments is considered a confidential and/or privileged communication between Independent Energy Solutions, Inc. and the recipient. 6 c c • ~ Independent ~ Energy Solutions Specifically Excluded from Pricing • Seismic or structural reinforcement or modifications to the existing building or parking structure • Concrete cutting, coring, or x-rays • Cranes • Repairs of any electrical code violations at the existing facility • Permanent fall protection systems • Concrete, and/ or landscaping installation • All underground conduits • Sprinklers, hose bibs or automatic washing systems Notes for Clarification • Pricing included in this proposal is subject to change based on fluctuations in the cost of commodities and materials • Prices quoted are valid for 30 days WARRANTIES System Warranty: All electricity-generating components supplied by IES in this Grid-Tied Solar Photovoltaic system are covered by a limited warranty. IES will provide a ten (10) year warranty to provide for no-cost repair and replacement of the system components. This warranty covers any and all actions on the part of the installation team that could affect the functioning of the PV system as a whole, which are not due to the malfunctioning or failure of the equipment used in the installation. This warranty also covers the cost of labor to repair or replace defective equipment under manufacturer's warranty but does not hold IES responsible for the cost ofthe replacement equipment under warranty. Date of installation is defined as the date of final acceptance. Beyond 10 years, IES will pass through all individual supplier warranties with documentation stating exactly what is covered for specific time periods. Should surety bonding be required for this project, with reference to warranty period, the surety providing the performance and payment bonds shall have no liability or responsibility for providing warranty coverage beyond one year. Beyond that period of time, the Owner /General Contractor shall look to IES and/ or supplier of the product and not the surety, to address any warranty issues. IES will warrant up to 90% of the estimated production for the first five years according to the below table. An annual O&M agreement is required to maintain this guarantee. CA Lie. No. 805159 Independent Energy Solutions, Inc. 1090 Joshua Way, Vista, CA 92081 www.indenergysolutions.com Confidentiality Notice: The information contained in this proposal and any attachments is considered a confidential and/or privileged communication between Independent Energy Solutions, Inc. and the recipient. 7 c c • ~ Independent ~ Energy Solutions Year 1 2 3 4 5 Expected Annual Energy Production. (kWhac) 369,080 367,235 365,398 363,571 361,753 Guaranteed Annual Energy Production [kWhatl 369,080 367,235 365,398 363,571 361,753 IES guarantees the Annual Energy Production of the proposed systems to be at least that shown in the above table for the first 5 years during any 12 month period (barring acts of God, any significant global/ local climatic/environmental event such as volcanic eruption(s), forest fire(s), or other event which impacts either solar irradiance or ambient temperature, or vandalism to the system). Note, system energy generation will be measured using the data acquisition system (DAS) installed by IES. Since IES cannot guarantee the weather, energy generation results will be "normalized" to adjust for average daily irradiance (solar radiation), expressed as average kWhjm2jdayjmonth, per PV Watts II (a publicly available energy model developed by the National Renewable Energy Laboratory) and for the average daily maximum ambient temperature per day per month measured at the PV array. In the event that system annual energy production is determined to be below the guaranteed levels (during any 12 month period), IES will recommend a course of action, including but not limited to reimbursement to the City of Carlsbad for lost incentives from the state or SDG&E, the repair, cleaning, or addition of more PV modules in order to bring the total system capacity into compliance with the guaranteed performance levels. It will be IES' responsibility to make these changes to the system in a timely fashion, at IES' sole cost and expense. Workmanship Warranty: With regard to workmanship, IES provides a ten (10) year warranty for all installations, starting at the date of installation. This warranty covers any and all actions on the part of the installation team that could affect the functioning of the PV system as a whole, that are not due to the malfunctioning or failure of the equipment used in the installation. Date of installation is defined as the date of final acceptance. Manufacturer Warranties for major equipment are as follows: Modules: The warranty period for the SunPower module, with respect to power output, is for 25 years with a 5-year workmanship warranty. Inverters: SMA inverters are backed by a 10-year manufacturer's warranty. This limited commercial warranty covers defects in the commercial inverter caused by material or CA Lie. No. 805159 Independent Energy Solutions, Inc. 1090 Joshua Way, Vista, CA 92081 www.indenergysolutions.com Confidentiality Notice: The information contained in this proposal and any attachments is considered a confidential and/or privileged communication between Independent Energy Solutions, Inc. and the recipient. 8 c c • ~ Independent lflllliiii"iiiP Energy Solutions manufacturing faults for a 10-year period. The warranty period begins on the date the inverter is commissioned. Monitoring System: Draker's monitoring systems are warrantied for five (5) years. SCHEDULE IES will endeavor to complete this project within the time allotted. Upon award, IES will work with the Project Manager to develop a mutually agreeable construction schedule that minimizes the impact to the facility while adhering to the timeline. IES takes pride in our track record of delivering projects on time, on budget. We conduct regular internal meeting to coordinate across projects to ensure staff availability for individual projects. If schedules change on this or other projects, this information is rapidly incorporated to reforecast staff availability. Additional team members may be assigned to projects to accommodate schedule shifts external to IES. Both the Design and Construction Phase teams will be available as necessary, up to full time, to support the timeline of this project. A preliminary schedule for this Design-Build project is provided below. Actual dates may vary due to coordination with current construction activities, City of Carlsbad permitting times, procurement times, etc. Please note that this is an aggressive schedule and requires coordination and a fast-track process to be achieved. Task Phase 1 Preliminary Design Phase 2 Construction Documents Purchase Orders Submitted (Racking, Modules, Inverters} Equipment Received Modules and Inverters Installed Inspection and Interconnection Commissioning Final Approval CA Lie. No. 805159 Completion Date 01/31/2014 02/28/2014 03/10/2014 04/15/2014 05/15/2014 05/31/2014 06/10/2014 06/15/2014 Independent Energy Solutions, Inc. 1090 Joshua Way, Vista, CA 92081 www.indenergysolutions.com Confidentiality Notice: The information contained in this proposal and any attachments is considered a confidential and/or privileged communication between Independent Energy Solutions, Inc. and the recipient. 9 c c VALUE SUMMARY Independent Energy Solutions brings the expertise and experience of 15 years of commercial solar experience to this project-along with the well-respected reputation for excellence recognized by other IES clients such as So-Cal Edison, Qualcomm, Pfizer, the U.S. Navy and Camp Pendleton. IES also brings a unique combination of resources and talents to this project-its financial and corporate strengths as a premier, nationally recognized commercial photovoltaic design I build firm, its experienced local leadership team, project management staff, and field resource teams. These qualities, with our commitment to project management best practices, make Independent Energy Solutions the capable, reliable, confident choice for this important project. Moving Forward Our entire team looks forward to the opportunity to help you meet your objectives on this project. Additionally, we look forward to turning this project into a long-term, strategically valuable, partnering relationship between IES and The City of Carlsbad. With your authorization below, we can move forward together and schedule the Project Charter Meeting. By signing this Proposal, the Customer warrants that they have read and understand this proposal, and are not entering into it on the basis of any representations not expressly set forth in it and shall be bound thereby. Agreed and Accepted Independent Energy Solutions, Inc. The City of Carlsbad By: By: ____________________ __ Print Name: __________ _ Brad Souza Title: --------------- Director of Business Development Date: 10 CA lie. No. 805159 Independent Energy Solutions, Inc. 1090 Joshua Way, Vista, CA 92081 www.indenergysolutions.com Confidentiality Notice: The information contained in this proposal and any attachments is considered a confidential and/or privileged communication between Independent Energy Solutions, Inc. and the recipient. c • ~ Independent ~ Energy Solutions APPENDIX A: PROJECT LAYOUT A-1 CA Lie. No. 805159 Independent Energy Solutions, Inc. 1090 Joshua Way, Vista, CA 92081 www.indenergysolutions.com Confidentiality Notice: The information contained in this proposal and any attachments is considered a confidential and/or privileged communication between Independent Energy Solutions, Inc. and the recipient. N 8~L6'Z:~L'09L X .:I Sal 0 90L6'Z:~L'09L 'l{d ~ T""" ~ ~ 1-I l80Z:6 V'J '-elS!J\ 2l z (.) > !.-eM "en'l{SO[ 0601 • ,.... w ~a_ --, ~ § ~ 0 --.-..---..... --~--·, ........... suopnlOS ~J;:)U:£ ::tU;:}pU;}d;:}pUI cr Vi CL t ! ~ a: 0 z ~ • ~ s Lri100 N ... I j_l M ~ 00 ~ or-ro I Ill! II II I I 1 lJ1 II .....1 I ll l C"51~ > Q.. or-I Q) -1:: or- 0 ~ z I . ro .2 ll Ill I I I 11111111 ' <{ ~ I h I c c (oo·gol] ,0-,1::> [to'C:.bGI} •0Y<;J--,11 c • ~ Independent ~Energy Solutions APPENDIX B: SPEC SHEETS B-1 CA Lie. No. 805159 Independent Energy Solutions, Inc. 1090 Joshua Way, Vista, CA 92081 www.lndenergysolutlons.com Confidentiality Notice: The information contained in this proposal and any attachments is considered a confidential and/or privileged communication between Independent Energy Solutions, Inc. and the recipient. • 21 .5% efficiency Captures more sunlight and generales more power than conventional panels. • Maximum performance Designed Ia perform in demanding real world conditions of high temperatures, partial shade from overhead wires, and low light.1• 2· 3 • Commercial grade Intended for commercial sites where maximum energy production is critical. Moxeon• Solor Cel5: FundomentoUy better. Engoneered lor perlormonce, designed lor reliobilily. Engineered for peace of mind Designed lo deliver consistent, trouble-free energy over a very long lifetime.4•5 Designed for reliability The SunPowe,.e Maxeon Solar Cell is the only cell built on a solid copper foundation. Virtually impervious to the corrosion and crocking that degrade Conventional Panels. ~-5 Same excellent durability as E·Series panels. # 1 Ranked in Fraunhofer durability lest. 10 100% power maintained in Atlas 25+ comprehensive PVDI Durability test. 11 HIGH PERFORMANCE & EXCELLENT RELIABILilY SERIES ; X21 • 345 PANELS HIGHEST EFFICIENCY6 Generate more energy per square foal X·Series commercial panels convert more sunlight to electricity producing 44% more power per panel,' and 75% more energy per square foot over 25 years.3" HIGHEST ENERGY PRODUCTION 7 Produce more energy per rated waH More energy to power your operations. High year one performance delivers 8-10% more energy per rated watt. 3Th is advantage increases over lime, producing 2 l% more energy over the first 25 years to meet your needs. 4 = 120% ~ ....... 21% More Energy Per Roled Wall c: 0 -~ ] 90'· >-80% e> ., c: 70% w 1 36% more, yeor 25 J 60% .;, 50% N 0 5 10 15 20 25 :: ~ ....... ., Years c>lrGt ..,._, I Moonto'"s Hogh f ¥~ ,HOJOH Power 01 High Temps -'o,.? FI£\D """' 0) .Q c: 0 > " < No light Induced ...... Ood .. Degrodotron -ES.... Hogh Average Won~ xs.-..-.. ...... . .....,., >-e> ., c: w SeHer low·lrghl ond Spectral Response j Hogh-Perl01monce An11-ReRec•ove Gloss sunpowercorp.com SUNPOWER OFFERS THE BEST COMBINED POWER AND PRODUCT WARRANTY POWER WARRANTY () 5 I() ~~ Yeon More guaranteed power: 95% for first 5 years, -0.4%/yr. to year 25. • Nominol Power12 (Pnom) Power Tolerance ELECTRICAL DATA X21·345<0M 345W +51-3% 21 .5% 57.3 v 6.02A 68.2V 6.39 A X20..327<0M 327 W +51-3% 20.3% 57.3 v 5.71A 67.6V 6.07 A Avg. Panel Efficiency13 Rated Voltage (Vmpp) Rated Current (lmpp) Open-Circuit Voltage (Voc) Short-Circuit Current (lsc) Maximum System Voltage Maximum Series Fuse 1000 V Ul ; 1000 V IEC 20A Power Temp Coel. (Pmpp) Voltage Temp Coef. (Voc) Current Temp Coef. (lsc) REFERENCES: -0.30% I oc -167.4 mV I"C 3.5 mA I "C 1 .AJI comporisons ore SPR-X21-345vs. a representative c.oovenlianol pone!: 24CJN, apprax. 1.6 m1, 15% efficiency. 2 PVEvolutian labs "SunPawer Snoding Study: Feb 2013. 3 Typi<olly S.l 0% more energy pe< watt, BEW/DNV Engineering "SunPawer Yield Repo.t: Jon 2013, with CfVSolar Test lab Report #12063, Jon 2013 temp. coef. colculo!ion. 4 SunPower 0.25%/yr degradotion \IS. 1.0'/olyr conv. ponel. Compeou, Z. et al. "Sun Power Module Degradation Rote: SunPower whae poper, Feb 20 13; Jordon, Dirk "SunPower Test Repon: NREL, Od 2012. 5 •SunP~r Module 40-Yaor Usefl.4 life" SunPower while poper, Feb 2013. Useful rne is 99 ovl ol 100 ponels operating ol more thon 70%ol roled power. 6 Out ofoD 2600 panels lisled in Photon lnlernolionol, Feb 2012. 7 1% more energy thon E-Series ponels, 8% more energy tnon the averoge of the top 10 ponel companies tested in 2012 (151 panels, 102 companies), Photon lnlernationol, Morch2013. 8 Compored with the lop 15 monufoduren. SunPowerWorronty Review, Feb 2013. 9 Some exclusions apply. See worronty for details. 10 X .Series some os E-Series, 5 of top 8 panel manufacturers were tested by Fraunnofer ISE, "f'>/ Module Durability Initiative Public Repan: Feb 2013. 11 Compored with the non-stress-tested control ponel. X-Series some as E-Series, tested in AHos 25+ Durability lest report, Feb 2013. 12 Standard Test Condaions (1000W/m1 irrocfoonce, Nil 1.5, 25• q. 13 Based on overoge of measured power volues during production. PRODU CT WARRANTY n ?0 Yeon Combined Power and Product Defect 25 year coverage that includes panel replacement costs. • OPERATING CONDITION AND MECHANICAL DATA Temperature Max load Impact resistance Appearance Solar Cells Tempered Gloss Junction Box Connectors Frome Weight Standard tests Quality tests EHS Compliance Ammonia test Soh Spray lest PID tesl Available listings <115rnr [1 811 -4o•f to + 185"F (-4o•c to +85•q Wind: 50 psi, 2400 Po, 245 kg/m2 front & bock Snow: 112 psi, 5400 Po, 550kgl m2 front 1 inch (25 mm) diameter hai l at 52 mph (23 mlsl Closs B 96 Monocrystolline Moxeon Gen Ill Cells High Transmission Tempered Anti-Reflective IP-65 Rated MC4 Compatible Closs 2 silver anodized 4 1 lbs (18.6 kg) TESTS AND CERTIFICATIONS UL 1703, IEC 61215, IEC 61730 ISO 9001:2008,1SO 14001:2004 RoHS, OHSAS 18001:2007, lead-free IEC 62716 IEC 61701 (possed maxi mum severity) Potential-Induced Degradation Free: 1 OOOV Ia CEC, Ul, TUV, MCS 1/ 1 _) I-~r; v >- I- I- 1559mm [61 4tn) 1110 0 046mrn H 2n) See bHp://www.sunoowercoro.com/fgds far mare reference information. far fvrlher details, see erdended dotosh<MI: www.wnoowercoro w m/dgtosbeeJs Read solely ond instaHatian instructions before using this product. Designed in California o .... .., 20u ~eo.""' ...... "' ng10s .... .-. SU'<I'QW{-. ... SUN'OWl'ltlooo.IMICEON.MO«£ 91£RGY.FOt urt.,-sstc;w.lVRf ....... .,.,.. .... ~-.,. ,_...,..., sunpowercorp.com Sunrowt.t C:O,..porohon. ~tfic.olioons ~ r. lha doloUw!d ore subjt<J to tho-tot wilhoul rdu . DocumenO # SOS700RovA/LTR_EN CPY250-A-PD-D / F-A CPY Series LED Canopy I Soffit Luminaire-Pendant Mount -Drop 'I Flat Lens -82 Watts Product Description Slim, low prof1le, easy mounting from below the deck. Lummaire housmg constructed of rugged cast atum1num w1th mtegral heat smk spec1f•cally des1gned for LED. Pendant mount is intended to be mounted by 314 IP pendant (by others). J-Box supplied for customer wiring. Direct imaging of LEOs is eliminated with high efficiency patterned flat or 0.91" (23mm) drop glass lens. Performance Summary Made in the U.S.A. of U.S. and Imported parts CRt: Minimum 70 CRI CCT: 57001< (+I· 5001<) Standard. 4000K (+I· 300K) Limited War!'llnty;: 10 years on luminaire I 10 years on Colorfast DeltaGuard' fmish Accessories XA·PSFTG Pendant Fott~ng XA·PS22KIT 22" (SS9mm) Pe!ndant Kit J. ···- • Pei'odant toe.ght from ceiong surface to bottom of foxture. mount•ng ace~ Of surface bol<es Will aod to overall heoght XA·PS12KIT 12" (305mm) Pendant Kit • Pendant height from cc~ing surface to bottom of h~lure. mounhng accessones Of surface boxes Will aod to 0\l'l!rall hcoght ewderingl~tion XA·PS18KIT 18" (457mm) Pendant K1t • Pendant height from ceiling surface to bottom of f•~rure: mountong accessoroes Of surface bol<es will add to overall height TPS-2 Tamper Res•stant Onver Bit ~-CPY2SO·A·PD·D·A·UL·WH·OPTIONS CPY2SO A PO A CP'f2SO A PO D A Ul Pfndal1l 091" {23trfn) l¥lN Uno<tnOI Dnlplens 120-217Y F Ull AaiLens Universal 3C7·480V' I •Seewww<rt<>~arrantylorwatrnYtenns. • folinQUI POWel lor l47·4BOV. refer 10 I"-lumen Output Ele<IJical. and lumen Maonttnanu data table below I Drop Lens Fat Lens WH wtlile(Slandord) sv Silwf 81( Blade BZ Bronze PI Platn:rn Bronze • Pendant Mount 15.0 .. (382mm) Pendant Not Included 15.0" (382mm) 8.0" (203mm) 5.9" (149mm) 40K 4DDOKColorT~ -Color t~ per U1Wiollt c@us Rev. Date: 10/17/13 :REE. www.cree.com/lighting T (800) 236·6800 F (262) 504·S41S CPY250-A-PD-D / F-A Photometry Product Specific.ations CONSTRUCTION & MATERIALS All published lum naore ptlotometnc test,ngl)()rformed to I!OSNA LM-79-08 Slim. low profole, easy moun tong from below the deck Luminaire housing constructed of rugged cast aluminum with integral heat sonk specifically destgned for LEO Pendant mount is intended to be mounted by 3/4 IP pendant (by others) J·Box suwrted for customer w.nng Below ceHing serviceable drwer fO<' ease of upgrade 0<' replacement Exclustve COlorfast OeltaGuard' ftnosh features an E·Coat epoxy promer woth an ultra-durable pOwder toPCoat, provo<:hng excellent reSIStance to CO<'rosion. ultraviOlet degl'il<fation and abrasion. Standard is white. Bronze. black. silver, and plaMum bronze are also avadable ELECTRICAL SYSTEM Input Voltage: 120-2nv or 347-480V, SO I 60Hz, Oass 1 drivers Power Factor: > 0.9 at lull load Total Harmonic Distortion: < 20% at fullioad Integral 61<V surge suppression protection standard To address inrush current. slow blow fuse or type C I 0 breaker should be used REGULATORY & VOLUNTARY QUAUFICATIONS cULus Listed Suttable for damp locations Consult factory forCE Certlfted products 6kV surge suppression protectoon tested on accordance with IEEE I ANSI C62.41.2 Product qualified on the OesignLights Consortium~ ("OLC') Products List ("QPL") Luminaire and finosh endurance tested to wothstand S,OOO hours of elevated amb1ent salt fog cond1t10ns as dcfoned on ASTM Standard B 117 M()(!tS Buy American requirements w1thin ARRA Dark Sky Friendly, IDA Approved when ordered with "F" optic Lumen Output. Electrical and Lumen Maintenance Data • _.__ !TL Test Report li; 76866 CPY2SO·A·"·F·A·UL !n~lal Dellwred Lumens 8,821 CESTL T .. t Report #, 2013-0111 CPY2SO·A·"·O·A·UL Initio I Delivered l.AJmeno. 8,356 -- I 570!* -I TOTAl CIJH19IT Optic -BUG -BUG ~Wills sy,tom Wills OtiWrod ~-Oelwtd RaCings-uo-znv 347..-v lmlons' l>t!r!IH\n lmlons' ~>orrotrs-n 0 8.000 Bl U1 Gl 1,EOO 93 U2GI 81 a. - F aooo BlUOGI l.fOO a3 UOGl 82 114 •t.•li.l.)!~~yEIJ .. ,.·-;-.. Y, l'ft~~l'l"1 •.tiCI•lO\CI I,.Cifl .... -...~ "f :'!:Q-.ftf~-1~t~~S&JG!St··Q'H\Itl lf,..,tl~J1,.,_,,,,..,.-..,.YM~t .JI.G MIS'l!N:.:ktl""""'10"r~DC' ... ID'l"'lr~V"Pl"U ..... wCJ'1...Wdif..lllf't' Oll!.«u4"C~~0'16.t:IOO-.nl.MtiOC8"151%t;t~~.OOOW\ uov 208V O&J OAO O&J 0.1,() < 2013 Crae, Inc. All roghts reserved For onformational purposes only. Content os subJOCt to changa. See www.crce.com/patents for patents that cover I hone products. Cree', the Cree logo, and Colorfast OcltaGuard' are ragistO<cd trademarks of Cree, Inc The UL logo 1S a registered trademark of UL LLC. Ocsignlights Consortium'" and the OLC OPL logo are trademarks of Northeast Energy Effic1ency Partner shops, Inc. www.cree.com/lighting T (800) 236·6800 F (262) 504·5415 WN mv O!i Q3l OJS 032 .... I I JJ .. ll ~ .. I '" I ~~ ~I\ I 'fl rtj ~1\\\ .. -t••"'!'l'. ~~ 'JJJ I . I l :::;;,:;.-I ,, I I ... I I I I ,., .. ~·· .) Cl 1.• ~ 'J C. 'lS )oU 1::~":..--.:::.l CPY2SO·A·"·F·A·UL Mounting Height IS' (4.6m) Initial Dellv....,d lumens: 8,000 lnttl&l FC at graM .. ., I '-.. h~'. ~~-:!:!(. ~" ~~ I 1'-': ~---~ I I I ... ... ., • .... II .. Q> .., 1 ,... :N• ., ru "Or!\ 61 U:l "' }4& ~~~I CPY2SO·A·"·O·A·UL Mounting Hel51ht IS' (4.6m) lnMiol Dellvwwd U.mens: 8,000 lnitJol FC at !~""'<! 501( ....... Pnljodtdt....l J.47V 4fJIN -FICIOt @15'C(S9'F)'" 0}4 OJ8 97'11 024 018 9'/l!, REE CPY250-A-PD-D / F-B CPY Series LED Canopy I Soffit Luminaire -Pendant Mount -Drop I Flat Lens -122 Watts Product Description Slim, low profile, easy mounting from below the deck. Luminaire housing constructed of rugged cast aluminum with integral heat sonk specifically desogned for LED. Pendant mount is intended to be mounted by 314 IP pendant (by others). J·Box supplied for customer w~ring. D~rect imaging of LEOs 1s eliminated woth hogh efficoency patterned flat or o.g1• (23mm) drop glass lens. Performance Summary Made in the U.S.A. of U.S. and imported parts CRI: Minimum 70 CRI CCT: 5700K (+I· SOOK) Standard, 4000K (+I · 300K) Limited Warrantyt: 10 years on luminaire I 10 years on Colorfast OeltaGuard' fmish Accessories XA·PSFTG Pendant Fottong XA·PS22KIT 22" (559mm) Pendant Kit • Pendant height from ccohng surfllce to bottom ot ln<ture: mount1ng acccssone< or surface OO.cs w~l add to OYCrall heogtlt XA·PS12KIT 12" (30Smm) Pendant Kit ·Pendant height from ccohng sutface to bottom of texture. mounting acoessorecs or surfiK'e bo<cs woll add to overall hOoght ewdering l~tion XA·PS18KIT 18" (457mmJ Pendant K1t • Pendant height from ccohng surface to bottom of hxt\Jre: mounting accessor.es or surface bo.cs wdl add to overall heoght TPS·2 Tamper Res.stant Drover Bot XA·SENSREM Hand·H<!Id Remote • For successful omplcmcntahon of tl1c programmable multHewl optoon. a montrnum ot one hand·hcld romote is required Example: CPY250·A·PO·D·B·UL·WH·OPTIONS ! CP'I7SO A PO •Sft-Jm.C~Ior~Qti~tyllm'G. 091.(23mm) Oropi.Ms F I j_ B _]!_ 122W 'F«I!Qa-b W-411JV. IN 10 lhe liMnMOII:>LI. Eil!dnal.¥td IJMnMI1atrti!roaocf diU ta1>1t ~~dow. Ut Unovt<Sal 120·177V UH U!lo>t<Sal ~7-<~aov· Drop Lens Pendant Mount 15.0" .. (382mm) Flat Lens 15.0" (382mm) l Pe1~~f~de~ot 8.0" (203mm) ~ ~ Wll Wl1ott (SI.rdard) sv SIMf 5.9" (149mm) 40K 4000K ColO< Tempmture -Col<ir IMI!l«alut~ JlEf klmn.llt~ DIM G-lOV Dimming (crtr"'by~ Ill( lkk lll>fato c)ITr'ollgliJI'C !heel 101 clre;o.'\ C..11t'I(E(-dl!JI'(f<l'J~- BZ Bronze PB PlaCnln l!rorw Hl Hulti-I.MI (100% /30% J>oww) ·Reier 10 MI. SllCC sheellol delaols PML Prl)9tll!lll11blt Multl-levtl • Relt'f 10 I'Mi.SI)CC sheellor oeldt~ - c@us Rev. Date: 10/17/13 EE www.cree.corn/lighting T (800) 236·6800 F (262) 504·5415 CPY250-A-PD-D / F-8 Photometry Product Specifications CONSTRUCTION & MATERIALS Slim. low prof•le, easy mounttng from below the deck AI poll4 VIed lum na re photometnc u'" ng performed to IESNA LM 79 08 stanoa•ds by a NVLAP ce•t•f.eo lacorattry Lumtnare houstng constructed of rugged cast alumonum with lntegfal heat sonk specofocally desogned lo< LED Pendant mount is •ntended to be mounted by 3/4 IP pendant {by others) J-Bo~ ~uPplied for customer winng. Below ceoling serviceable driver for ease of upgrade or replacement ~clusove Colorfast DeltaGuard' fonosh features an E-Coat epoxy pruner w•th an ultra-durable powder topcoat. providtng excellent rest stance to corrosion, ultraviolet degradation and abrasion. Standard is white. Bronze, black, Stiver, and plattnum bronze are also avatlable ELECTRICAL SYSTEM Input Voltage: 120·277V or 347-480V, SO /60Hz. Oass 1 drovers Power Factor:> 0.9 at full load Total Harmonic Distortion: < 20% at full load Integral 6kV surge suppression protectiOn standard To address onrush current, slow blow fuse or type C I D breaker should be used REGULATORY & VOLUNTARY QUALIFICATIONS cULus Losted Suitable for damp locations Consult factory forCE Certified products 6kV surge suppressoon protection tested in acoordance wolh IEEE /ANSI C624t2 Product qualified on the DesignLtghts ConsortiUm~ ("OLCJ Products List ("OPL") Lumlnaire and hnosh endurance tested to withstand 5,000 hours of elevated amboent salt fog condthons as defoned tn ASTM Standard B 117 Meets Buy American requirements wtthon ARRA Dark Sky Friendly, IDA Approved when ordered with "F" opttc Lumen Output, Electrical, and Lumen Maintenance Data ~ - ITL Test Report It 76865 CPV250·A·"·F·B.UL lnltlll Dtllv.red Lumens 13,636 CESTL Test Report • 2013.002 CPY250·A·"·D-B.Ul lnM'-1 Dtllv.red L.utMns 13.242 ~-57~ -d TOTAl CIJRREHl Op6c ~ ~ ! Otl~td I ~-Syst!mWII!s Sys\lmWII!s I 120-271V J.C7....W -1'-1)!&1' -"""'~' D 1~000 BH!l61 1'2.400 Bl1QG1 112 Ill f llOOO 8l~OG1 11400 8lOOG1 112 Ill ·~~ ''-...._.,.,¥rD«•"f""t •ro·"'tl .a. II'•~~' .. , .. oww1110!'"'\i1Pt.1o.1t'1flf1~t!W~ -n: c 111 ,,., P.lf~o;,.,"" ... ""'• "~ ~Ar.JIW: ~s.r·aur;~.,-4\A6::1•1CIIn.-"ld ·"fo .....,.""~ ~T!rl1-ni''ito'v•,.k tro..LI~I01\(..-r,Ntfi!!L,..&M~ort6000~•nt.J4.~091B ..-.•~t~CJ.n l20Y 208V I.G4 QliO I.G4 060 " 2013 Cree. Inc All nghts reserwo. For onlonnaltonal ourposes only eontentos subtectto cha~ See www.crce.com/patents lor patents that cover these products. Cree', ttwt Cree logo. and Colorfast DettaGuard' are registered trademarks of Cree. fnc. The Ul logo IS a regostcred trodcmarlc of UL LLC. OcsignUghts Consortium'" and the OLC OPL logo are trodemarks of Northeast Energy Efficiency Pannershtps,lnc. www.cnae.com/lighting T (800) 236·6800 F (262) 504·5415 240'/l mv 05' 0.<16 OSl 0-46 ~-.. 6lt •• 1Ct ...... ... .. l .. I ~. .. ., J IU ~t::: .. bh(t\) . ... ~ y, ~~ ::::::::: 0' .. l l ., I I .. . .. .. ,. •~'-1 •• CIP'o !ll en .. ... L··::;:.::.::-.::=.1 CPY250-A·"·F·B·Ul Mounting Height: 1S' (~.6m) lnltlal Dell..,td Lumens: 13,000 lnotlal FC at gr- CPY250·A·"·O·B·Ul Mounting Htlght: 15' (4 6M) lnklat Det'-ecllumtm: 13.000 lnobal FC at gtadt SOI(Hoin Proje(ltd limon J.C7V 480V -Fill« •IS'C(}9'Fr' 0.40 0.1!1 ~., 040 019 91~ CREE. I I 111111111111111111111111111111111111111111111 111111111111111111111111111111111111111111111 "'U ffi ~ ffi ~ ~ Independent Energy Solutions < m ~ z = 1090 joshua Way 1 ~ rt; (ri ~ Vista, CA 92081 ~ ~ Ph 760.752.9706 ~ Fx 760.752.9758 'I'JI:E r-B()Nil I~XClfAN<~l~ '-' ,\,1) I~SlH.\~4:1-: .·\CF\C\ c c October 3, 2013 RE: Independent Energy Solutions, Inc. Dear Sir or Madam, The Bond Exchange and Insurance Agency has the pleasure of handling Independent Energy Solutions, Inc.'s bonding requirements. All bonds provided for Independent Energy Solutions, Inc. are executed through a licensed California carrier by the name of Fidelity and Deposit Company of Maryland, which is Federal Treasury listed and has a rating of "A+" by A.M. Best. Independent Energy Solutions, Inc.'s overall single job capacity is $4 million, with an aggregate program of $8 million. Our investigation of Independent Energy Solutions, Inc. clearly indicates a company thoroughly versed in the construction industry with a wealth of experienced people who have become known for their ability to complete jobs on schedule and within budget, complemented with excellent workmanship. We have found their relationships with subcontractors and suppliers to be far above average, which we feel is of great importance to a well-run project. We assure you that based on our normal conditions being prevalent and all underwriting conditions being met, we can foresee no difficulty in fulfilling requests by your organization to execute faithful performance and labor and materials bonds, as required by the terms of any contract awarded to them. t any arrangement for the final bond or bonds is a matter betwe e ontr or and ourselves and we assume no liability to third o fa any . 'ason we do not execute said bond or bonds. :.'!::!Ill f iJ, i--.1111.1 II: i\<', "fill<' 1(,(1, ,1,,,.,,,11 \ ;.,j .. , f: \ '('11'1! {"i·J',.!Iti-:OilOI'"""'' _.1 \;;oo1·-;i,J-,:_:.;,;T .. Jil,,·, ..] ('lj'l)-lid .. ·:·;:.;~,l·o~\ Ldif<•lllt:t f.,, ''lh•· \o. O(X,(,-;-:\(, INSURANCE SERVICES, INC. August 19, 2013 Independent Energy Solutions, Inc. 1090 Joshua Way Vista, CA 92081 Dear Sheri, Your Experience Modification Rate history is as follows: Ex Ex Mod ~~~d !l Ex Mod Status II Mod Calculation Year Date 2013 II 04/04/2013 llo7o I I 2012 11 o5;o3;2o12 ll o73 I 2011 llo5/03/2012 081 I (R) Revised Entry 11 *201111 04/28/2011 084 : 2010 11 o5;13;2o1o 074 ll 2009 1110/01/2009 087 (R) Revised Entry *200911 07/30/2009 089 (N) New Entry I 2008 II 04/24/2008 088 I I * Denotes Ex Mod no longer recognized by WCIRB I G.S. Levine Insurance Services, Inc. Enclosure 1 0505 Sorrento Volley Rd., Suite 200 • Son D1ego. CA 92121 • Main· 858 481.8692 • 800 451.05 17 • Fox: 858 481.7953 • CA LIC #OA91 059 t """"' Insurance The successful DB T earn primary entity for this Project will be required to furnish certificates of insurance on city's form evidencing that it shall furnish and maintain Commercial Form of General Liability, Excess Liability (if applicable), Business Automobile Liability, Professional Liability, Pollution liability and Workers' Compensation insurance in the amounts below.The DB Team Design Builder's insurance shall, by endorsement to the policies and the Certificates of Insurance name The City of Carlsbad, its Agents, Employees and Contractors, as additional insured. The insurance required for Commercial Form General Liability, Excess Liability, Business Automobile Liability, Professional Liability and Pollution Liability Insurance shall be issued by companies with a Best rating of A-or better and a financial classification of VIII or better (or an equivalent rating by Standard & Poor or Moody's) written for not less than the following: Minimum COMMERCIAL FORM GENERAL LIABILITY INSURANCE-Limits of Liability Requirements Each Occurrence -Combined Single Limit for Bodily Injury and Property Damage: $ 2,000,000 Products-Completed Operations Aggregate: $2,000,000 Personal and Advertising Injury: $2,000,000 General Aggregate: $5,000,000 ~ ~~~ '--Requirements BUILDER'S RISK INSURANCE $5,000,000 Minimum DB TEAM'S PROFESSIONAL LIABILITY-Limits of Liability Requirement Each Occurrence-Professional Liability $2,000,000 General Aggregate: $5,000,000 Minimum BUSINESS AUTOMOBILE LIABILITY INSURANCE-Limits of Liability Requirement Each Accident-Combined Single Limit for Bodily Injury and Property Damage: $2,000,000 Minimum POLLUTION LIABILITY INSURANCE -Limits of Liability Requirement $2,000,000 c [1 ,1 VVl[j\f11) .JJIA V .It 1 !1_.~ INSURANCE SERVICES, INC. November 20, 2013 Independent Energy Solutions, Inc. 1090 Joshua Way Vista, CA 92081 Re: Alga Norte Carlsbad Project Dear Sheri, Please accept this letter as confirmation that we are able to obtain/provide the required coverage in the limits and ratings stated in the attached email. Please advise of any questions or concerns you may have and/or if I can provide additional information. ~;m~ Jodi Hollow G.S. Levine Insurance Services, Inc. Enclosure 10505 SorrentQ Valley Rd., Suite 200 • Son Diegn,CA 92121 • Main: 858.48Ul692 • 800.451.0517 • Fox: 850.481.7953 • CA. i.IC.IIOA9i059 c CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CML CODB § 1t88 State of California } C• County of ~-o.~~~-~JB-9. ______ _ On \.\o't '2-o , Z..0 13 before me, C..C,r\e... L. Q,·,s.+ Here·ineertName~&nd T'"'"IIIB-o!""'thO,.....,.Ot"'"tico-,----·---~ Data personally appeared .Jodi. \-\o\\<&> -, ----------""-""-="--":-:Na""'me<~a)-':'of~Stg""na-r(,..,.a)--------·-·-···· ... -...... .. ~ .. ··-·------------------------------·---------·-·· CORlE LEA GIST Commluion 1 2ot3811- Notarv Publio • Clllfonila • San Diego Gollftty . My Ccimm. Exlliftt Mil' 21 ,.2017 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s} !slare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: epu-A I <{ ~ Placo Notary Seal NJI:Ne Si9nalure of Notary Public -------------------OPTIONAL----------------------- T/1ough 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 tills tom1 /o another documellt. Description of Attached Document Title or Type of Document: l.e.M-e.(" __________ ....... ___ ................ -_. .............. ·--------------................ _. ______ _ Document Date:_ NCN '4>"' __ 1 \_,~---------............................ Number of Pages: --'"-j'---~----- Signer(s) Other Than Named Above: .... _Nl!\ __________ ......... -... ------------·----------··-· Capacity(ies) Claimed by Slgner(s) Signer's Name: _____________ .. ___ _ [J Corporate Officer-Title(s):.. ..... ____ ·-· D Individual [l Partner -0 Umited 0 General U Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other:------·--------···-····--.. ----·-------- Signer's Name: ---------------------·-··-·- U Corporate Officer -Title(s): _____ .. __ .......... __ 0 Individual 0 Partner -0 Umited Ll General 0 Attorney in Fact CTrustee Ci Guardian or ConseJVator 1"1 Otl1er:. _ ... --------------·---·--·------·- ......... .. .... , ..... •' ·----------------· ............... -------· ---.. -......... ____ .. ______ .,, ____________ _ Signer Is Representing: ------....................... ----Signer Is Representing: ------------· ---............. ____ ., ____ ., _________ ............ ................. .. ................ _. _______________________ _ ~ ACORD8 CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIVYYY) 5/5/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETwEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsemen s . PRODUCER G.S. Levine Insurance Services, Inc. 10505 Sorrento Valley Rd. #200 San Diego CA 92121 INSURED Independent Energy Solutions, Inc. 1090 Joshua Way Vista CA 92081 INDEP-5 COVERAGES CERTIFICATE NUMBER: 14064256 INSURERD: INSURERE: INSURERF: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS A~D CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR A lt:St!fo~ lt:2l"~%~ LlR TYPE OF INSURANCE INSR WVD POLICY NUMBER LIMITS A GENERAL LIABILITY y 4030458344 ""1/2013 ~1/2014 EACH OCCURRENCE $1,000,000 -~~~~~~J?E~~~nce) X PMMERCIAL GENERAL LIABILITY $100,000 - CLAIMS-MADE ~ OCCUR -MED EXP (Any one person) $5,000 PERSONAL & ADV INJURY $1,000,000 - GENERAL AGGREGATE $2,000,000 - ~'L AGGREfxlE LIMIT AP~S PER: PRODUCTS -COMP/OP AGG $2,000,000 POLICY X ~:8r X LOC $ ' . AUTOMOBILE LIABILITY BA1060449 ~/1/2013 -~/1/2014 (Ea accidenttN<.;Lt LIMII $1 000 000 .... X ANY AUTO BODILY INJURY (Per person) $ -ALL OWNED .--SCHEDULED BODILY INJURY (Per accident) $ -AUTOS ~ AUTOS X NON-OWNED fpf!,?~~J..':",t?AMAGE $ HIRED AUTOS AUTOS -1--$ A UMBRELLA LIAS H OCCUR 4030457890 ~/1/2013 ~1/2014 EACH OCCURRENCE $5,000,000 r--EXCESS LIAS CLAIMS-MADE AGGREGATE $ DED I X I RETENTION $1 0 000 $ A WORKERSCOMPENSAnON 4030457985 ~/1/2013 ~/1/2014 X I T'Z~~Ifr1¥s I I OJ~-AND EMPLOYERS' LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE D N/A E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L. DISEASE-EA EMPLOYEE $1,000,000 ~~S~~~~ ~~~PERATIONS below E.L. DISEASE -POLICY LIMIT $1,000 000 c Professional Liability 289325537 ~/1/2013 ~/1/2014 Each Occ $1,000,000 AnnAgg $2,000,000 Ded $15,000 DESCRIPnON OF OPERA nONS I LOCAnONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) The attached endorsements apply only as required by written contract. RE: Contract #38372, Project: A~a Norte Community Park Solar PV City of Carlsbad is included as a ditional insured per written contract as respects general liability per the attached form. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Carlsbad ACCORDANCE WITH THE POLICY PROVISIONS. 1635 Faraday Ave ..... ~ Carlsbad CA 92008 ~~, ...... I © 1988-2010 ACORD CORPORATION. All r1ghts reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD I Policy #4030458344 C'NA G-140331-C (Ed. 10/1 0) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS - WITH PRODUCTS-COMPLETED OPERATIONS COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE (OPTIONAL) Name of Additional Insured Persons Or Organizations (As required by "written contract" per Paragraph A. below.) Locations of Covered Operations (As per the "written contract", provided the location is within the "coverage territory" of this Coverage Part.) A. Section II -Who Is An Insured is amended to include as an additional insured: 1. Any person or organization whom you are required by "written contract" to add as an additional insured on this Coverage Part; and 2. The particular person or organization, if any, scheduled above. B. The insurance provided to the additional insured is limited as follows: 1. The person or organization is an additional insured only with respect to liability for "bodily injury'', "property damage", or "personal and advertising injury'' caused in whole or in part by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf in the performance of your ongoing operations specified in the "written contract"; or c. "Your work'' that is specified in the "written contract" but only for "bodily injury'' or "property damage" included in the "products-completed operations hazard", and only if: (1) The "written contract" requires you to provide the additional insured such coverage; and (2) This Coverage Part provides such coverage. 2. We will not provide the additional insured any broader coverage or any higher limit of insurance than the least that is: a. Required by the "written contract"; b. Described in 8.1. above; or c. Afforded to you under this policy. 3. This insurance is excess of all other insurance available to the additional insured whether on a primary, excess, contingent or any other basis. But if required by the "written contract", this insurance will be primary and non-contributory relative to insurance on which the additional insured is a Named Insured. 4. The insurance provided to the additional insured does not apply to "bodily injury", "property damage", or "personal and advertising injury arising out of: a. The rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: {1) The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and {2) Supervisory, inspection, architectural or engineering activities; or G-140331-C Includes copyrighted material oflnsurance Services Office, Inc., with its pennission (Ed. 10/10) Page 1 of2 Policy #4030458344 CJVA b. Any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this Coverage Part. C. SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: 1. The Duties In The Event of Occurrence, Offense, Claim or Suit condition is amended to add the following additional conditions applicable to the additional insured: An additional insured under this endorsement will as soon as practicable: (1) Give us written notice of an "occurrence" or an offense which may result in a claim or "suit" under this insurance, and of any claim or "suit" that does result; (2) Except as provided in Paragraph 6.3 of this endorsement, agree to make available any other insurance the additional insured has for a loss we cover under this Coverage Part; (3) Send us copies of all legal papers received, and otherwise cooperate with us in the investigation, defense, or settlement of the claim or "suit"; and (4) Tender the defense and indemnity of any claim or "suit" to any other insurer or self insurer whose policy or program applies to a loss we cover under this Coverage Part. But if the "written contract'' requires this insurance to be primary and non- contributory, this provision (4) does not apply to insurance on which the additional insured is a Named Insured. G-140331-C (Ed. 10/10) We have no duty to defend or indemnify an additional insured under this endorsement until we receive from the additional insured written notice of a claim or "suit". 2. With respect only to the insurance provided by this endorsement, the first sentence of Paragraph 4.a. of the Other Insurance Condition is deleted and replaced with the following: 4. Other Insurance a. Primary Insurance This insurance is primary and non- contributory except when rendered excess by endorsement G-140331-C, or when Paragraph b. below applies. D. Only for the purpose of the insurance provided by this endorsement, SECTION V-DEFINITIONS is amended to add the following definition: "Written contract" means a written contract or written agreement that requires you to make a person or organization an additional insured on this Coverage Part, provided the contract or agreement: 1. Is currently in effect or becomes effective during the term of this policy; and 2. Was executed prior to: a. The "bodily injury" or "property damage"; or b The offense that caused the "personal and advertising injury" for which the additional insured seeks coverage under this Coverage Part. G-140331-C Includes copyrighted material oflnsurance Services Office, Inc., with its permission (Ed. 10/10) Page 2 of2 Solar PV Design-BuilderRFP City of Carlsbad Alga Norte Community Park Project No. 39251 VII. DECLARATION I, of DECLARATION -----=L:.:.:-in.:..;:d:..::a~S::,.;t;..:ra:.:..n:.::d ____ hereby declare that l am the President Printed Name Title ___ .:.;..lnc..::d:..::e"'-pe.::..:n..:,:d::..::e""n:.:..t .:::E.:....:.ne.::..:r~gL.y...:Sc..::o.::..:lu::.:;ti:..::o.:....:.ns:::.?.,...:-ln:.:..c:..:.· __ . submitting this Questionnaire; that I Company Name am duly authorized to execute this Questionnaire on behalf of the DB Team; and that all information set forth in this Questionnaire and all attachments hereto are, to the best of my knowledge, true, accurate and complete as of its submission date. l declare, under penalty of pe~ury, that the foregoing is true and correct and that this declaration was executed at Independent Energy Solutions, Vista County of San Diego Location and City County State of ----~C-'-A ______ on State 11/21/2013 "' Signature Linda Strand Printed Name If signed by other than the sole proprietor, a general partner, or corporate officer, attach original notarized power of attorney or corporate resolution. Page 29 of29 ~ <..(·:: ql y 0~ ~CARLSBAD ~. I . ' ( I t ·, •• Alga Norte Community Park Solar PV Project Project No. 38372 & 39251 BIDDER'S BOND TO ACCOMPANY PROPOSAL KNOW ALL PERSONS BY THESE PRESENTS: That we, Independent Energy Solutions, Inc. , as Principal, and Capitol Indemnity Corporation , 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 total amount bid for which payment, well and truly made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above-bounden Principal for: ALGA NORTE COMMUNITY PARK SOLAR PV PROJECT CONTRACTN0.~3=92=5~1 __ _ in the City of Carlsbad, is accepted by the City Council, and if the Principal shall duly enter into and execute a Contract including required bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, being duly notified of said award, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect, and the amount specified herein shall be forfeited to the said City. In the event Principal executed this bond as an individual, it is agreed that the death of Principal shall not exonerate the Surety from its obligations under this bond. Executed by PRINCIPAL this _12_th __ day of __ F_e_br_u_ary_.__ ____ , 20 _!_!__. PRINCIPAL: Independent Energy Solutions, Inc. (n~ipal). By:m~~ CPF)t name here) t1-e.s i olea f (Title and Organization of Signatory) By: --------------------------(sign here) (print name here) (title and organization of signatory) Executed by SURETY this ---"1=2t~h ___ day of February , 20 _li_. SURETY: Capitol Indemnity Corporation (name of Surety) 1154 Hudson Court, Simi Valley, CA 93065 (address of Surety) Cyndi Beilman, Attorney-in-Fact (printed name of Attorney-in-Fact) ~ « t., (IT Y 0 F ·~CARLSBAD (Attach corporate resolution showing current power of attorney.) Alga Norte Community Park Project No. 38372 & 39251 (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: *O~ULD R. "QALL C.e l,'"" ~ever City Attorney Date Page 3 of 3 Request for Proposal ·""'"'' \-....,~ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT :~·¢<,}Q(;<;;<;,·<;:<.;~:;;<;>Q(.~~~'g;,~~%'<X>~~~~~~~~"<:x>'Q'(;~~~"Q(;.%'G<,~~"@.;~~~~ STATE OF CALIFORNIA County of San Diego } On February 1 2, 201 4 before me, ___ ___!_P~a~m~D~av.!Ji2:s":-', N~ot~a!L.ry~P~u!:!Cbl~ic~=-=-;-::;-:-=~------- Date Here Insert Name and Title of the Officer personally appeared Cyndi Beilman Place Notary Seal Above Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(~ whose name(~ is/ar:ij: subscribed to the within instrument and acknowledged to me that~~she/t~ executed the same in~+S/her/~r authorized capacity~). and that by~1S/her/m~signature~) on the instrument the person(.K), or the entity upon behalf of which the person(x) 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 ~d ~ Signature . ~ Sigm;e;;:t/ary Public Pam Davis 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(s) Signer's Name: _____________ _ 0 Individual 0 Corporate Officer-Title(s): ________ _ 0 Partner-0 Limited 0 General [if Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: ______ _ Signer Is Representing: . RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer's Name: _____________ _ 0 Individual 0 Corporate Officer-Title(s):. ________ _ 0 Partner-0 Limited 0 General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: ------- Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here :«~~~~Q:.'Q(;'§',(.~"<:x>"Q(;,'@;~~~;~:::<;;~::~<~~<-~~~~~"<R'~~~~~"'Q(,~"QZ:~~~'G CAPITOL 1:\0E\'INITY CORPORATION PO\VER OF ATTO~~y 6 00 76969 "-'0\\' ALL \IE:\ BY IIH .. 'it 1'Rl-.SL!'\1S, That-the CAPlfOI, 11\llE\1!\ITY CORI'ORATIO ... , a corpnratton nfthe State of\\'i>.con,m. ha11ng 11, pnn"p>tl oOices m the C tty of \ltddlewn. Wiscun~in, doe, make, ct•n,llltttc and appotnt --------------------------CYNDI BEILMAN; ANNF WRIGI IT; DANA MICIIAELIS---------------------- ih true and la\~ful Alh.>rnc)(')·tn·liu:t In make, 1!\t:.:ute. ~eal and ddt\'l:r for .md on Its behalf. as suret). and as th uct and deed, any and all bomb. underuking~ and contrach ofsutct),hlp. pro\tded that no bond or undcrtll~lllg or contract of ,urctysh1p c\.:.:uh:d under th" autbonty 'hall c":.:t:d 111 tlmOunl the sum t'f ---------------ALL WRfiTEN lNSTRUMEN I'S IN AN AMOUNT NOT TO EXCEED: $20,000,000.00--------------·-·- I hi' Power of Auomey IS gmmcd Jnd " stgned ;tnd sealed by fa~s1n11h: und~:r und by the authonty of the l(lJioy, mg Resolution adopted b} tlte Board of Directors ofCAI'IfOL 11\01'.1\11\IT\ COllPORATION at o meeung duly c;~IJcd and held on the I 'ith da} of May, 2002. "RESOLVED. thattht· Pres1den1. I xccuttve Vice Presidenl. Vice Prc~•dcnt, Secretary or Treasur.:r, actmg individually or otherwise. be and th..:y hereby arc granted the power nnd authoritation to .lpptlint by a P011cr <'f Allorncy for the purposes on!} of cxccultng und ullesting bonds :md undcrtakmgs. and other 11 nttogs obligator) m the nature then:of. one or more rest dent vice-pre-.id.:nb. assistant sccn:tnnc:s and nuonu:y(s)-in-fact. each appomtcl! to have the: poY.-e!'!' and dunes usual tn such offices to the busin.:~-. ofthi' cump.my: the ~ignaturc of such officers and s~al of the Com pan) may be aOix.:d It> any such pO\\cr of auomc) or to mt) t:Crttlicatc rdatmg therctt,~ by t.ICslmllc. !lnd an) such power of allornc) or certificate bcanng such t'acsm111c Stgn.llui'C> or fac,.imlle seal shall be 1 a ltd and bmdmg upon the C"omp.m), and anv such power so executed and ccrt1lied b) facstmile s1g11atures and f:1cstm1le seal shall be 1 altd nnd llmdmg upon 1he C"ompan} m the future 11 tth respect to any bond or undcrta~mg or other wnung obligator} 111 the n.ll\trc thereof to 11hich 111~ atllldtcd \nv such appointment rna) h.-re\o~cd lor cause. or w1thout cause. ll) an) of.,atd officers. at any time." 1\ \\ IT'IiESS \\HEREOF. the (".\I'll OL J'IDE\t"TY CORPOR \1 101\ haH·aused these present~ to he Sl!:ncd by it~ officer ·undcr-~gned and'" c<~rpor:lle se;Jlto he hereto atlixcd duly allcstcd. this 2nd da~ of \1ay, ::!01 I. \111'\l! Richard\\, Allen Ill President Surety~\. ftddit) Opcrnu''"' SIATF OF \\I<;CO'\SI~ } s~ <. OL 'lif\ OF DA 'J[ CAI'ITOL 11\DEMJ'II'TTY CORPORAtiON Da' td 1-Pi!uly ('I 0 & Presid.:nt On the 2nd day of \lay 2011 hdl1re me pcr,onally came David ~.Paul). to me k1101\n. who bemg by m.: dul} ""llrn, dtd depose and say. that he rcstdes 111 the ( uunt} of Dune, State nf Wl'>.:utNn. that he is President of CAP I 1'01. INDEMNITY CORPOR,.\TIO'I,, the Cl'rporation described herein and whil:h executed the above tn,tnunent; that he k11ow~ the ~cal of the: said t·orpnralion; that the seal aflixcd to smd mstnnncnt is such curporaw s.:ul; that it 111" 'o affixed by order ol the llvard of Dtrcctors of said corporation and that he signed his name therciO by tiki.! order. S IATF OF\\ ISCO:'\~W\ \ s s COIJ\IT\ OF 0 1\\JL I {I Rl II 1(',\1 f, Daniel \\'. Krueger :-.i111ary Pubhc. Dane Co .• WI \lv Commission I~ Permanent I, th.: under.~gned. dulv elected tn lht: uf'ltcc stated bl.'lo11, no11 the nwumbenl m CAPITOL I'I,DE\1'1,1 n CORPORATIO'II. a \\1sconstn ('orp0t.ttion. .mthomcd to mal..c th" ccrttlitate. DO HEREBY Ct:Rl'll•\ that the foregoing auachcd J>owc1 nf Auorney remains in li.tll force and ht" tllll been revoked; and li.tnhcnnurc. thai the Resolution of the Board of Directors. ~et forth tn the Power of Auomcy i~ now in force Stgncd ;md sealed at the Ctl) of i\1tddldun, Stutc of Wisconsin thl' 12th __ day of Februar y • 2 014 i?b~/ Sccr.:taf} I IllS DOCUMENT IS ~01 \AI II) ll'\11 I 'iS PRINTED ON GRA' Sit <\DI D RACKGROU'IJD Wll H A RL D Sl RIAL NLMBE.R I'll Ttl!. IJPPf R Rl(tiiT I lAND CORNFR. II· YOl' IIAVI A \IY QUESTIONS CON( I RNING HIE AUTHC:-ITICITY m I'IIIS DOC'IJMLNT CALL 80U•475-4450. ... '. ·CAP 0 Alga Norte Community Pj'•l< Project Design Build Team Prequallflcatlo tluatlon Solutions. Inc. 1090 Joshua Wav, Vista. CA 92081 11/21/2013 t"Jease rtote: n any questiOn 1n me tao1e oe1ow 15 •en unanswereo lDianKJ tms eva1uauon rna oe cons1aereo unresp. ns1ve ana cou1a resun m OJsquauncatJon Design Builder Must HAVE: YES NO Comments I ClarifiCations: Score Attended the Mandatory Qualification Conference @ 0 A no answer for any of the line items in this section may disqualify the bidder 0 Design Builder: Current and active required Contractor licenses @ 0 Class B 0 Key Subcontractors: Current and active licenses @ 0 C-51, C-12, C-27 C-46 and C·10 0 A notarized statement from surety stating: @ 0 1. Contractor's current available bonding capacity meets or exceeds $3,000,000 2. Contractor's total bonding capacity 3. Surety is an admitted surety insurer 4. Surety will provide bonding if Contractor Is awarded 0 A notarized statement from insurance agenVbroker/carrier stating: @ 0 1. Contractor can obtain insurance that meets or exceeds the required limits and ratings 2. Copy of the contractor's certificate of insurance is attached 0 Letter from Worker's Compensation insurance carrier showing evidence of EMR over the @ 0 last 10 years 0 Signed Declaration by the sole proprietor, general partner or corporate officer, or original notarized power of attorney or corporate resolution is attached. @ 0 0 TOTAL: 0 ... '\~ CA! 0 Alga Norte Community P,rrl( Project Design Build Team Prequalificatio lluation Solutions, Inc. 1090 Joshua Wav. Vista, CA 92081 11/21/2013 Does any member of the Design Build Team have: Comments I Clarifications: The following questions apply to all members of the Design Build Team over the last five YES NO (clarifications must name which member this pertains to and all applicable Score years. If any Team member answers "Yes," please provide clarification in the Comments circumstances) section. A civil or criminal violation of the Contractors State License Law? 0 @ 0 Any debarment, disqualification, or removal from any Federal, State, or local government public works project or a violation of the Federal or State False Claims 0 @ Act or instances in which a bid for a public works project was found to be non-responsive and/or the contractor was found to be not responsible? 0 A civil or criminal violation of State or Federal Labor Laws, California Occupational Safety and Health Act, Federal Occupational Safety and Health Act, or Equal 0 @ Opportunity Employment? 0 A civil or criminal violation of Federal or State Law governing the Payment of Wages or 0 @ Employment of apprentices, Benefits, Personal income Tax Withholding, Federal Insurance Contribution ACT (FICA), State Disability Insurance (SOl) or Unemployment Insurance Payment? 0 A surety complete work on any construction contract or any default on a construction 0 @ contract? 0 A Bankruptcy or Receivership on any contract? 0 @ 0 Assessed liquidated damages for failing to complete a contract within the time specified 0 @ in the contract documents? 0 A Experience Modification Rate (EMR: Workers' Comp) injury rating above 1.0 in the 0 @ past five years? 0 Significant litigation history that meets the parameters specified in Section V.A. or 0 @ Section V.B or Section V.C of Pre-Qualification Questionnaire (see page 44 of the Questionnaire)? 11!.11.• Nortt P[•·Qual QllestionllllirJY!!I.! 0 TOTAL: 0 -·-- Alga Norte Community Ps-rk Project 0 Design Build Team Prequalificatio 'lluation Solutions, Inc. 1090 Joshua Wav, Vista. CA 92081 11/21/2013 @Yes Oro @Yes Oro @YES Oro ()YES @)K> ()Yes @)lo ()YES @)K> 0 I 3 @YES Oro @Yes Oo @YES Oo 3 I 3 @YES ()lo @YES ()lo @YES ()lo 3 3 @YES ()lo @Yes ()lo @YES ()lo 3 3 @YES ()lo @Yes Oo @YES Oro 3 3 @Yes ()lo @Yes ()lo @Yes ()lo 3 I 3 @Yes ()lo @Yes ()lo ()Yes @)K> 2 I 3 KEY PERSONNEL PROJECT MATRIX TOTAL: I 20 I 24 CRITERIA BE06 "-'UI I _,..,.'6" ....,...,""' 1'"7 -"''' -· .... -:::sv-"'"'11."' ScOf'e Did the project Include the following: Operations University (max 5 points) Does the project represent the required experience and qualifications to complete this project? @Yes ()lo @Yes ()lo @Yes Oo I 3 I 8 Project constructed for a public owner or institutional client? @Yes ()lo @Yes ()lo I @Yes Oo I I 3 I 8 Project is comparable in cost? @Yes ()lo @Yes ()lo I @YES ()lo I I 3 I 8 Project comparable in size? @YES Om @YES Oro I @Yes ()lo I I 3 I 8 ("n.mnlotoA in tho C::t~to nf f"'olffl"\.-nJ"!Jo? ----1 --I I 'l I A "' ~! • CA 0 _ ................. , ............ , ...... _,c;;..,..,....,. _ ............. , ....... ; Projects which used Design Build project delivery? Solutions, Inc. Was sustainable practices used in the design and construction of this project? @Yes oo @YES ()lo @Yes Oo @Yes Olo @Yes Oo @YES 0.0 Alga Norte Community Park Project Design Build Team Prequalificatio "lluation 1090 Joshua Wav. Vista, CA 92081 11/21/2013 @Yes (.)40 -v @Yes O;o 3 8 @Yes ()lo 3 8 PROJECT POINTS SUBTOTAL: 21 56 ~ .. c Alga Norte Community f1!rk Project Design Build Team Prequalificatio aluation 0 Solutions. Inc. 1090 Joshua Wav. Vista. CA 92081 11/21/2013 CRITERIA Did the project Include the following: BEQ6 1 San Diego County I San Diego State I Score Operations University (max 5 points) - Did each project include a positive NPV? @YES Om @YES 010 @YES Oo 3 I 8 Did each p!'Oject include an IRR of 3% or greater?? @YES Oo @YES 010 @YES Oo 3 I 8 Did the key subcontractor A submitted for this project participate in the listed project? @YES Oo @YES Oo @YES Oo 3 8 Did the key subContractor B submitted for this project participate In the listed project? @YES Oo @YES Oo @YES Oo 3 8 Was the projected completed without any lost time accidents @YES Oo @YES 010 @YES Oo 3 8 Were sustainable practices utilized on this p!'oject? @YES Oo @YES 010 @YES Oo 3 8 Was the project completed on schedule? @YES Oo @YES Oo @YES ()jo 3 I 8 Was the project completed on budget? @YES Oo @YES Oo @YES ()jo 3 I 8 PROJECT POINTS SUBTOTAL: 24 I 64 Notes: A single project may satisfy multiple criteria. A maximum of three projects will be scored per submittal. Comments: ,... ,.;~ CA 0 KEY STAFF EXPERIENCE (names must be input on Staff & Project Matrix above) Key Personnel #01 -Jay Miller Proiect Executive Key Personnel #02 -Cahn Tran Key Personnel #04 -Donovan Jones Suoerintendent Key Personnel #05 -Brian Dersch Technical Exoert Key Personnel #07 -MbarC Jason Ianni Kev Subcontractor B -Team Member Key Personnel #08 -Scott Helms Proiect Foreman Solutions. Inc. 2 Certificates & Licenses (PE, QSP, etc.) PMP Certified Civil Enoineer # 61956, CA NABCEP Certified QC/CQM -U.S.A.C.E. Certified NABCEP Certified, Licensed General, Solar and Electrica.l Contractor in CA licensed Electrical Contractor 3 DB IA QvES @)ro @YES ()lo Qves @NO Qves ()lo QvES CCM Alga Norte Community P~rk Project Design Build Team Prequallficatio tluation 1090 Joshua Wav, Vista. CA 92081 11/21/2013 ·-c Criteria 5 6 Key Staff's Relevant Education I Participation on Submitted Projects 7 Evaluator's Score (max 5 points) 8 9 TECHNICAL POINTS Total I Out of LEED Accredited Professional I Olo I ~ -I -· I PE licensed in 4 states BSEE Qves @No Qves @)ro QvES Om PROJECT POINTS SUBTOTAL: 20 64 -:- CAl 0 Alga Norte Community 17rk Project Design Build Team Prequalificatio ,luation Solutions, Inc. 1090 Joshua Wav, Vista, CA 92081 11/21/2013 History (points are awarded for litigation avoidance; score is determined by City Evaluator) PROJECT POINTS SUBTOTAL: 0 20 "' CA D Solutions, Inc. CRITERIA this firm present the required experience and qualifications to complete this project? constructed for a public/private owner or institutional client? was comparable to this project? the inverters placed out of the public view or screened? the production values proposed for this project (kWh/SF), provide the degradation the array the production values for each of the named projects (kWh/SF) -City evaluation Does the proposed solar array track on an axis? Provide the warranty period for the proposed solar array. Provide the Net Present Value of the proposed system -information is the result of Exhibit B. The highest NPV will receive 300 points, all others will be based on this formula: 1/u:-o..-~• NPV-NPV)/Highest NPV)*300 the solar panels made in the USA? @Yes ~o @YES ~0 32 19.7 ()YES @No @Yes ~o Notes: A single project may satisfy multiple criteria. A maximum of three projects will be scored per submittal. Comments: @YES ~0 @YES ~0 @YES ~0 0.40% 20 ()YES @No @YES ()Jo Alga Norte Community P:uk Project Design Build Team Prequallficatio. lluation 1090 Joshua Wav. Vista, CA 92081 11/21/2013 San Diego State University @YES ~0 @YES ~0 @YES ~0 ()YES @No @Yes ~o Evaluator's Score (varies) 2 8 3 8 3 13 0 30 0 30 0 19 0 20 0 300 15 20 KEY SUBCONTRACTOR A· TOTAL PROJECT POINTS: 23 463 ~ CA~ 0 Solutions. Inc. key Subcontractor 6 • Parkin shade structure supplier CRITERIA BEQ6 I Does this firm present the required experience and qualifications to complete this project? constructed for a public/private owner or institutional client? I @YES Oo was comparable to this project? @YES Oo In the State of California? @YES Oo wtlich used Oesign Build project delivery? @YES Oo the shade structure fit well into the environment? @YES Oo the structural steel and finish for each project, City evaluation Galv the warranty period for the proposed structure, in years, submittal must include I Terms and Conditions the structural steel and finish for this project, City evaluation HSS, l"'alnl W/ t:poxy Finish Not Used Notes: A single project may satisfy multiple criteria. A maximum of three projects will be scored per submittal. Comments: San Diego County Operations @YES Oro @YES 010 @YES Oo @YES Oro @YES Oo I Alga Norte Community PPrl< Project Design Build Team Prequalificatio l luation 1090 Joshua Wav, Vista, CA 92081 11121/2013 San Diego State University @YES Oro @YES Oro @YES Oo @YES Oro @YES Oo I I Evaluator's Score (varies) I TECHNICAL POINTS I Subtotal I Out of I 3 I 8 3 8 3 8 3 8 3 8 I 0 I 8 I 0 I 10 15 KEY SUBCONTRACTOR 6 ·TOTAL PROJECT POINTS: 15 83 ·,; CAF 0 ;0. '0 0 Solutions, Inc. Alga Norte Community~ Project Design Build Team Prequalificati~ Jlluation 1090 Joshua Wav, Vista, CA 92081 11/21/2013 """ 'or'\r.. '! CA;._, ~ Solutions, Inc. (.,.,. \ ' Alga Norte Community ~Project Design Build Team Prequalificatio~ Jluation 1090 Joshua Wav, Vista, CA 92081 11/21/2013 I -u-------------------------FINALEVALuATIONScoRING------------------------I DOES THE DESIGN BUILD TEAM MEET ALL REQUIREMENTS ()I'ES 010 ** Please Note: Key Personnel experience points for the entire Design Build Team (listed above) includes each subcontractor's points. Key Personnel Experience points listed below are for reference only. ·! cA()n () Solutions, Inc. Alga Norte Community~ Project Design Build Team Prequalificati<>( Jlluation 1090 Joshua Wav, Vista, CA 92081 11/21/2013 POINTS: Subtotal Out of Total Design Build TEAM Score: 85 204 Total Design Build TEAM Deductions: 0 0 Total Key Subcontractors Score: 38 546 GRAND TOTAL: 123 750 Premium will be ad1 u, i..: d based on final contr:•. 1 · · • • Bond No. 41299211 Premium: $14,626.00 FAITHFUL PERFORMANCE/WARRANTY BOND WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. , adopted -----------------' has awarded to Independent Energy Solutions, Inc. , (hereinafter designated as the "Principal"), a Contract for: ALGA NORTE SOLAR PV PROJECT CONTRACT NO. 39251 in the City of Carlsbad, in strict conformity with the contract, the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond for the faithful performance and warranty of said Contract; NOW, THEREFORE, WE, Independent Energy Solutions, Inc. , as Principal, (hereinafter designated as the "Contractor''), and Capitol Indemnity Corporation ~~--~--------·· as Surety, are held and firmly bound unto the City of Carlsbad, in the sum of Nine hundred seventy five thousand sixty four and 00/lOOths ~-:----:--~-~--~----:--------:--~~~---Dollars ($ 975.064.00 ), said sum being equal to one hundred percent (1 00%) of the estimated amount of the Contract, to be paid to City or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, their heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the Contract and any alteration thereof made as therein provided on their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Carlsbad, its officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, Including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed there under or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. 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 .;) 3 day of A.pn I , 20 JL/. CONTRACTOR: Independent Energy Solutions, Inc. (name of Contractor) (print name here) ~e;,ldeo-1 (Title and Organization of Signatory) Executed by SURETY this 21st day of --~A~p~ri~l ___________________ ,20J±_ SURETY: Capitol Indemnity Corporation (name of Surety) 115 Glastonbury Blvd. #5, Glastonbury CT 06033 (address of Surety) (860) 494-4900 (telephone number of Surety) c· Oo f' Cyndi Beilman. Attorney-in-Fact (printed name of Attorney-in-Fact) (Attach corporate resolution showing current power of attorney.) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: CELIA A. BREWER City Attorney By: ~Q~ KsSitant cit r:ney c CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT :«~~%~~~~~'Q<::><:~z-~~~~~~~'G<.>Q<:..g::~~~~~~~~~~~~~~ STATE OF CALIFORNIA County of San Diego } On April 21, 2014 Date before me, ___ ___,_P__,a"'-m~D,_,a,_,v'""is~,,_,_N_,_,o'Pt""a!.Jry'-7:-P_,_u,_bl,_,_,ic~,_--;-:-,--=;-;-c--------- Here Insert Name and Title of the Officer personally appeared ----=C.._y.:..:n-=-d'-i B=ei:.:.:lm.:..:..::a:..:.n ______ -;-;-:---c-r--;----,~-;-:c:--------------- Name(s) of Signer(s) Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(~ whose name(s:) is/at~ subscribed to the within instrument and acknowledged to me that~~she/tffeY executed the same in~RS/her/tl\~r authorized capacity~), and that by~~/her/M~signature~) on the instrument the person(3), or the entity upon behalf of which the person(K) 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. ~itness my h~official seaL S1gnature ~~ Signature of Notary ublic Pam Dav1s ----------------------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(s) Signer's Name: _____________ _ D Individual D Corporate Officer-Title(s): ________ _ D Partner-D Limited D General !i1 Attorney in Fact D Trustee D Guardian or Conservator D Other: -------- Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here 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: RIGHT THUMBPRINT OF SIGNER Top of thumb here CAPITOL I~DEVINITY CORPORATION PO\VER OF ATTORNEY K.\0\\ \LL \It:\ BY 1 HI.~E PRrSf \TS, 1 h.u the C \I'ITOL 1\Df \l\1 f\ CORPOR.\fiON. ,1 corpomllon ufthe Stale <lf\\ i-c011"n. ha\ 1ng tts pnnnpal offices 111 the City nf Middh:ton Wisconsin, docs mnkc, consutut~ und appntnt ---------------C'YNDI BEILMAN; ANNE WRIGIIT; DANA MICHAELIS------- it-Lruc and l:rn ful \lh.lrn.:)(sl-tn-fucl., to makt:, t:\~cute, seal and dd1\c:r for and on its l>ch.llt: as suro:ty. and a.s lh a~t and d.:..-d, an) and all bond'. undertal.mg~ .md cnntr:lch of suretyslup, prO\idcd that n<1 lmnd or umJ.:naking or contract of surctyshtp cxecut..:d under th" authonty shall e:\cecd in amount tho: sum nl ---·-·-------··--------------·-----A LL WRnTEN INSTRUM ENTS IN AN AMOUNT NOT TO EXCEED: $20,000,000.00------------------------ This Po\>.t:r of Attorney tS cntnted anJ " stgncd tnd ,ealcd l>y facsmulc under and b) the :tuthority ol the foliO\\ tng Rcwlullon adopted by the B,>ard of Dm:cturs ofC\PITOL I\DE:\1~1 1\ CORPOitATIO" at a mccttng dul} called and held on the 15th day of Mny, 2002 "RlSOL\ ED. th.ttthe Prestdt:nt. E'\ecutne Vice Prc>ident, Vice Prcs1dcnt. Sccr..:tary or Tr.:a.,urer. acung indi~tdu:tll} or othcrwisc.l>e .md tho:} hereby arc granted the Jl<>"-l!r and authonzatwn to appomt by a Po\\er of A nome\ for thc purpos~s only of executing and attc:-ting l>onds and undcn.1kings. and oth..:r wriungs obligato!) in the n;llur..: thereof. one nr nl<)re rc~idcnt vtce-pr~-.idcnts. :ts,istant secrcturies and anorney(.,)-in-fact. each appo1nlc<,: to have the powers and duties Ul.llaltn such office~ to th~ bustnC'\ ofthts company: the ~ignuturc of such oiTiccrs and seal of the Compuoy muy be otli xed to an} ~uch pO\\Cr of attorney or to an} ccntlk Ill' rdatmg thcrcro by facsimth:. and am such po\>.er of a nome) or ccntlicatc bearmg .. ucb facsimtle 'lgnatures or fac,tmtk s..:al shall be ,,thd and btndmg upon the Comp.my, and any -.uch pm\cr so t:\ccutcd and ccntlicd l>y fac>imtl.: ,tgnatur..:s and facstmtl.: seal shall be \alid and bmdtng upon the Company m the future with r..:spcct w any bond or undcrtakmg or other writing obligatory 111 the nature thereof to which it is attached \ny such appointmt:nt may be rc\oked lor cause. or Without cause. b} an~ of said ofli.:er,, at any time" i\ \\I I '\ESS \\ IIER£01-, the CAP I fOL 1\DE:\l:SIT\ CORPOR \110\ has cilus..:d the;...: presents to be stgned by u;.. officer undersigned and ns corpor.1te seal to be hereto ofli\Cd duly aucsted, thi, 2nd day of M(1y, 2011 . \tic> I Richard \\ 1\ lien Ill Prc-.ident Surety & Fidelity Operations ST\1 [ OF\\ ISCO'\SI~ } s s. COU~f'r OF DANE . C \PITOl l\DE\J:\1 n CORPOR.ATJO\ Da,id 1·. Puuly CF.O & Prc~idcnt On the 2nJ da) of May. 20 II before m..: p..:rsonall} .:a me D.11 1d F. Pauly, to me knu1\ n. who l>cmg l>y me dul} si\Om. did dcpos.: and'·''· that he rcstdes mthl' County ol' Dune. Sr~t. ofWi;....:othtn. that he" Pres•dcnt of C \PIIOL 1\1>£\1" II\ CORPORATIO\. the corporation de:.cnbcd herem and \lhtch t'\ccuted tlu.: :thule m,ttument, that he ~nO\>.s the \cal ufthl' ~aid corporauon; that the seal allixcd w s:ud instrument is such corporate seal: thut it wus so utTixcd bv order ofth.: Bllard ur Directors of~aid corporattnn and that he signed h1s nam.:: thereto by likt: order. ST\Il m WISCONSIN 1 s.'. COL lloi 1\ Of D\ \JL j Daniel W. Kntegct Not:try Public, Dane Co., WI \1y ( ommtsstlll1 I~ Permanent I, the under,igncd, dul> d-.:cted to th..: office stated below. no\\ the mcumbcnt in CAPITOL INOE!\1Nil \ CORPORATIO.\. o Wt~<.:onsin Corporation, authuri/cd to make thts c..:rtilicatc. 1>0 HERFBY CER fiFY that the foregoing ouachcd Power of Attorney retnatns in full force illld ha< n11t hccn revoked anJ runh.:nnllre. that the Resulullt'n of the Board uf Director,. '.:t fonh 111 the Pu\\ cr of Anorney 1S no" 111 force Stgnt•d .tnd scaled ur the ( n; nt'Mtd<llcton, State ofWi>ct,nsmlhts 21st _ duy nf _AE_ril _____ . 2 014 ___ . ~~ \lan S Ogth 1c Secreta!)· fHI'> DOCU\IH\ f IS '\iO f VALID U~l CSS PRINTED<>"' GRAY SliADLD A \CKC,ROL'"'D WI HI A Rl D Sl RIAL SU\1BER 1:-.1 THE UPPER RIGfll Ho\-.;D <. OR'LR II 'I Ol H,\\1" -\" <}l CSTIO:-;S CO:-ICfR:'\L~t.l HF Al. THI '\;TICIT't OF THIS DOCU\1ENT CALL XOO--t75-4450. CIC' roA (5 II l ~-----~~~~~0~~~~~-;~~p~~E------"" ____ " __ - ACKNOWLEDGMENT State of California County of San Diego On ~~/2J / .2ol ~ ----,+--~,~----------before me, Hamid Emadian Naeini, Notary Public (insert name and title of the officer) personally appeared LIN D,q.. i:>IANE. S'l}JfN U , who proved to me on the basis of satisfactory evidence to be the pers on{.81 whose name(S) l}are subscribed to the within instrument and acknowledge~m e that h~they executed the same in his@heir authorized capacity~. and that by his~heir signature(Bfon the instrument the person(.er,or the entity upon behalf of which the pers on4Btacted, 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. (Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) WA~! !:~t: ofa~h~o~t continued) Number of Pages _f_ Document Dote (');/1/f (Additional information) CAPACITY CLAIMED BY THE SIGNER 0 Individual (s) ~ Corporate Officer fns/vo..t:rc/) ~ "'7r (Title) 0 Partner(s) 0 Attorney-in-Fact 0 Trustee(s) 0 Other ------------------ INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contnin verbiage exactly as appears above in the notnry section or a separate acknowledgment form must be properly completed and attnched to that document. The only exception is 1[ a document is to be recorded outside of California. In such instnnces, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notnry to do something that is illegal for a notary in California (i.e. cenifying the authorized capacity of the signer). Please check the document carefully for proper notan'al wording and auach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. M/sh~ is,_) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. •!• Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. •!• Indicate title or type of attached document, number of pages and date. •!• Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document , Premium will be adjusted based on fmal contract price Bond No. 60076978 Premium included in performance bond LABOR AND MATERIALS BOND WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. ~~-~-~--· adopted -----------------'' has awarded to Independent Energy Solutions, Inc. (hereinafter designated as the "Principal"), a Contract for: ALGA NORTE SOLAR PV PROJECT CONTRACT NO. 39251 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, Independent Energy Solutions, Inc. as Principal, (hereinafter designated as the "Contractor''), and ~~:::---~--=--~-:---:::-::--- Capitol Indemnity Corporation as Surety, are held firmly bound unto the City of Carlsbad in the sum of Nine hundred seventy five thousand sixty four and 00/lOOths ---------------------Dollars ($ 975,064.00 ), said sum being an amount equal to: One hundred percent (1 00%) of the total amount payable under the terms of the contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with California Civil Code section 9100, or for amounts due under the Unemployment Insurance Code with respect to the work or labor performed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the court consistent with California Civil Code section 9554. This bond shall inure to the benefit of any of the persons named in California Civil Code section 9100, so as to give a right of action to those persons or their assigns in any suit brought upon the bond. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of ,,, the Contract, or to the work to be performed hereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. c In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this---- day of -~(_J'----d~· _-')"'-----'' 20 ) c./. CONTRACTOR: Independent Energy Solutions, Inc. (name o Contractor) By: . ~ (sign here) L; nda \ fira.J (print name here) -1 Executed by SURETY this 21st day of __ A;..:;.t;;.pr;;.;;i~l ________ , 20~. SURETY: Capitol Indemnity Corporation (name of Surety) 115 Glastonbury Blvd. #5, Glastonbury CT 06033 (address of Surety} (860) 494-4900 ~ y:o ~t;:S"'"'2 ~ d-(signature of Attorney-In-Fact) Cyndi Beilman, Attorney-in-Fact (printed name of Attorney-in-Fact) (attach corporate resolution showing current power of attorney) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: CELIA A. BREWER City Attorney By: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT :.«~'¢<.>?X:>t!<:>U~~~~~~%~'%~~~~~~~~'Q<.;,'Q<.;,-g::~~~~~~"'G(..~~~~~~ STATE OF CALIFORNIA County of San Diego } On April 21, 2014 before me, ___ ___,_P-""a,_,_m'--'D"'-""-av-'-'i""s,.,_,N-'-o7t,a"-Jry'-o-':-P"""ub""l"""ic'-=',--.,.,.,....-=,.---------oate Here Insert Name and Title of the Officer personally appeared Cyndi Beilman r a .: .. a: a. a a ap:Jo.AJis* a •• al / Commission# 1991984 ~ •;~• • •1 Notary Public -California I z · ·~, · San Diego County !: ). + ~ + o oMl somr:· [x~r:sJ5t0}&1!l Place Notary Seal Above Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(~ whose name(~ is/~~ subscribed to the within instrument and acknowledged to me that~e'lshe/tffeY executed the same in~~/her/tl\~r authorized capacity~), and that by~~/her/u-:i~signature~) on the instrument the person~). or the entity upon behalf of which the person(:g:) 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 h~~ficial seal. Signature './~ Signature of Notary Public Pam Davis ---------------------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(s) Signer's Name: _____________ _ D Individual D Corporate Officer-Title(s): ________ _ D Partner-D Limited D General [if Attorney in Fact D Trustee D Guardian or Conservator D Other: ------- Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here 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: RIGHT THUMBPRINT OF SIGNER Top of thumb here CAPITOL IND.EMNITY CORPORATION POWER OF ATTORNEY 60076979 K.\0 \\ ,\LL \U \ 8\ J HI St PRFSI \ TS. I hat the CAP I rOL J\l)f\1\1 T\ CORPORATIO\ . .1 corpomuon llfth.: St:ue of\\ tsconsm, ha' tng 11s princtpul onices mthe City of Middleton, Wiscon,m. docs muke, consututc and :IJlfl•Hnt --------------CVNDI BEILMAN; ANNE WRIGIIT; DANA MICIIAELIS---------------------- 11> true .tnd la~ful,\uomC)\'1-m-fact, to m.tkc:. e\ccutc, seal and ddl\er for and on its hehall: as surctv. and a' th act and dct.-d. any and all bnnds. undertdl.mg~ and eommch <lf surd)\lllp, pro\tdcd that n11 hnnd or undcnakmg <lr contract of surcty,hip execut•'<l under this tiUthomy shall exceed in amount the sum ul ----------------------------ALL WRrrrEN INSTRUMENTS IN AN AMOUNT NOT TO EXCEED: $20,000,000.00---------------------- rhis Po" er of Anomey t<; !:'r:tnted and " sign.:d ;md 'ealed hy facsimtle under and by the authority nl th.: follmv mg Resolution adopted b} the B•>Jrd of Dne\:tOrs o1 C \PITOL 1\0 D I\11 \ CORPORATIO~ .11 a mcctmg dul) called and held on the 15th day of May. 2002. "RJ::SOL\'EO. that the Prestd.:nt. fxcc·uttve \ tcc l'rcstdent. Vtcc President. Secretary or 1 reasurer. acting mdi~tduull:r or other'\\ isc, be .md the} hereby an: granted the pomcr and authorizatllln to appotnt by a Po11 cr of Anum.:) for th~ purpos.:' only ol C'l.ecutmg and attc>ttng bond.; and undertal..tngs. and other'' riung;, obligatory in the n,uurc thcr~ul, one or more resident \tce-pn:stdcnts. os-.istant secrctanes and ,morncy(s)-in-fact, caciJ appomtcc to have th~ powers and duties usual to ~uch office~ to th.: busmcs' of this company. the signutun: of such ollicers and seal of the Company may be atlixcd to an) 'uch pO\\er of attome:r or to any ccrttticatc rdahng tlu:rcto b\ fac..,imtlc. and any su~h pow.:r of .ttlomC\ or ccrulicatc bcanng ,ucb f:~~:,unile stgnaturc> or facsimile seal 'hall be 1 a ltd and htndtng upon the Company. and any ,uch p(lw cr ~o e:\ecutcd and certified by fac;.tmilc -.gnature> and facstmtle seal shall be vahd ami bindtng upon the Company in the future wtth n:spect to any bond or undenaktng or oth.:r writing obligatory m lhe nature thereof to which it j, auached. Any such appomtment may be revok~d. lor cause, or 1111hout cause. b:r am of said ollicers. at any time.' 1\ \\I I\ ESS \\ B EREOfo', the C \VII OL I\ Of '\(;' 11\ CORPOR \ TIO:'I has cau>cd the;.c prc,ents to be stgned by ih nfliccr undersigned and ns ~orporat.: seal tn h.: hereto :~nixed duly attested. this 2nd day of May, 20 II. RH:hard \\ .. \ll.:n Ill President Surety & 1-illclity Opcr:ttiuns ST,\11 OF \\ ISCONSI"-1 } !> s COD:'.JTY Or DANG .. C \PITOI 1\DE\J\ITY CORPORA110\ DaYid 1'. Pauly C' EO & President On the :'nd day of ',.lay, 20 II be lore me personal!) came Oa\ id F. Paul) to me kll<l" n. who l>cing by me duly S\1 om. did dcpo'c and 'a:;· that he rc,ide" in the ( ounty of Dane. Stat.: of\\ 1>\:nn,m; that he is Prestdcnt of C \VI'l OL 1'\1>1:. \1'1 n CORPORA riO\, the corporation de,cribcd hrrem und "hit:h executed the above 111\trumcnt; that he know' the seal nf the ~aid corpontlton. that the sealnffm:d to satd instntment " ... ucb corror:ttc seul; that it 1\U~ so ullhed b~ order ol'th~: Bu.trd of Direcll>r' of satd corporaltnnund that he ~tgncd hts name thereto b)' ltke order. S'IAI I 01· WISCONSIN l s s COl "'n OF 1).\ '\;l { Dante! W. Krueger :>lotary Public. Dane Co. WI \1v Commtssion Is Pcmt<>nen I, the! understgncd, duly elected h> the: office stated bcltm, no" the incumbent tn CAPITOL J:'I'OEMNI'l \ CORJ>ORATlON a Wisconsin Corpowtion. authori/ed to make this ccrtilicatc. 1>0 HERERY CERTI.-Y that the foregntn!! attached Power of Allorney rcmams tn lull force ,mJ has not been r.:1okcd. and furthc•nnore, th,tt thc Rc,ulutton ulthc Board of Dtrcctor• set forth tn the Pmva of Antmtcy ~~ nn11 m 'orcc. Stgncd and scaled at the City of\1tddlcton, Stat.: ufWiscunsm this 21st _day nr Apri1 _____ .2 014 __ _ ~_! \lan S. 0 •th te Secretary I HIS DOC'UMI Nl IS NO! \'A LID t.:~l ESS PIUto,;T£0 ON GRAY SHADED B-\CKGROU'IID \\II H A RED SERIAL NLMBER I~ THE UPPER RJGfl I H \:-\0 t ORNeR I~ YOU HA\ f' A'-) <)I ES riONS CO~Cf:R!'\l\JG Tllf -\L Tlll·~TICITY OF THIS DOCU~ll."-11 CAlL X00-475-4450. Cl(' Pt)l\ ~~ I) I CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of _____ S __ a_n_D_ie-=g'--o _____ _ before me, Hamid Emadian Naeini , Notary Public (insert name and title of the officer) personally appeared L1N.VA 5)11\N£ S'ill.ltrJ ;J , who proved to me on the basis of satisfactory evidence to be the pers~ whose name~~are subscribed to the within instrument and acknowledge~tQ. me that he~ hey executed the same in his~heir authorized capacity~ and that by his~their signatur~on the instrument the person~ or the entity upon behalf of which the pers on~cted, 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~ (Seal) J. HAMID EMAOIAN NAEINI ' ~, Commission t1 2055045 < · Notary PUOiie • Cdtornia i I San DiegO County ~ . J. 0 0 0 0 JJtora: !er"e: 12.2018' 0 J $ G ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM DESCRIPTION OF THE ATTACHED DOCUMENT Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instJJnces, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and auach this form if required. (Title or description of attached document) v.rA;O< ,; rJ I...; g n -t-.1 i) (Title or description cl attached document continued) Number of Pages _I _ Document Date t> c/jzyt f (Additional information) CAPACITY CLAIMED BY THE SIGNER 0 Individual (s) ( ~ Corporate Officer f~~IDCrVT'f .'JQC're,1(i.7· · (Title) 0 Partner(s) 0 Attorney-in-Fact 0 Trustee( s) 0 Other------------ • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. ftelshe/~ is ,_)or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. •:• Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document •:• Indicate title or type of attached document, nwnber of pages and date. •:• Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document ~------------- Solar PV Design-Builder RFP CITY OF CARLSBAD CAL!IO:\N t\ EXHIBIT4 City of Carlsbad Alga Norte Community Park Project No. 39251 ALGA NORTE COMMUNITY PARK SOLAR PHOTOVOLTAIC PROJECT DESIGN BUILD TEAM Request for Technical and Pricing Proposals MANDATORY CONFERENCE: October 17, 2013-2:00P.M. LOCATION FOR CONFERENCE: 1775 Dove Lane, Library Auditorium Carlsbad, CA 92009 RFP SUBMITTAL DATE/LOCATION: November 21,2013- 2:00P.M. Contract Administration Kevin Davis City of Carlsbad Office 1635 Faraday Avenue Carlsbad, CA 92008 Page 1 of26 c Solar PV Design-Builder RFP Project: Alga Norte Community Park Solar Photovoltaic TABLE OF CONTENTS City of Carlsbad Alga Norte Community Park Project No. 39251 I. GENERAL ....................................................................................................................................... 4 A. Project Description ............................................................................................................................ 4 B. Scope Of Work ................................................................................................................................... 4 C. Project Objectives ............................................................................................................................. 6 D. Selection Process-Design Build Delivery ....................................................................................... 6 1 . Evaluation Score Sheet ....................................................................................................................... 7 2. Financial Score Sheet .......................................................................................................................... 7 3. Summary of Selection Criteria Scores ................................................................................................. 7 4. Availability of the Technical and Pricing Proposal ............................................................................... 7 5. Mandatory Conference ........................................................................................................................ 7 6. Submittal Procedures ........................................................................................................................... 8 7. Rating and Evaluation Procedures ...................................................................................................... 8 E. Design Build Process ........................................................................................................................ 9 F. Proposal Preparation, Submittal Evaluation and Contract Award Process ..................................... 9 G. Project Schedule ............................................................................................................................... 9 II. DB TEAM INFORMATION ............................................................................................................ 11 A. Entity Submitting this Proposal : Company Name and Address .................................................... 11 B. Contact Information ......................................................................................................................... 11 C. Entity Submitting this Questionnaire ............................................................................................... 11 D. Type of Business Organization ....................................................................................................... 11 ~ E. Licenses .......................................................................................................................................... 12 1"'-" 1. Design Build Contractor ..................................................................................................................... 12 2. Key Subcontractor A: Solar PV Supplier ........................................................................................... 12 3. Key Subcontractor B: Parking Shade Canopy Supplier .................................................................... 13 4. Design Firms (Architects and Engineers) .......................................................................................... 13 F. Qualification Questionnaire ............................................................................................................. 15 Ill. RELEVANT EXPERIENCE OF THE DESIGN BUILD TEAM ........................................................ 17 A. Years of Experience ........................................................................................................................ 17 B. Project Completion .......................................................................................................................... 17 C. Completed Project Experience (COMPARABLY SIZED PROJECTS) ......................................... 17 1. DB Team Construction Experience: .................................................................................................. 17 D. Supplemental Company Information .............................................................................................. 20 1 . Safety Program .................................................................................................................................. 20 2. Quality Control Processes ................................................................................................................. 20 IV. KEY PERSONNEL ........................................................................................................................ 21 A. Resumes for Proposed Key Personnel .......................................................................................... 21 V. CLAIMS HISTORY ........................................................................................................................ 21 Forms A and B ............................................................................................................................... 23 VI. REQUIRED COMPLETED ATTACHMENTS ................................................................................ 25 VII. DECLARATION ............................................................................................................................ 26 c Page 2 of26 c Solar PV Design-Builder RFP APPENDIXES Exhibit A-Design Intent Documents-pdf file Exhibit B -Proposal Financial Spreadsheet-Excel spreadsheet Exhibit C -Evaluation Score Sheet-Excel spreadsheet Exhibit D -Design Build Contract-pdf file Exhibit E -General Conditions to the Design Build Contract -pdf file Exhibit F -Special Conditions to the Design Build Contract-pdf file Exhibit G -Proposal Form -Word file Exhibit H -Bid Bond -Word file Exhibit I -Involuntary and Voluntary Changes to the RFP City of Carlsbad Alga Norte Community Park Project No. 39251 Appendix A-Rating and Evaluation Procedures -Qualification Criteria -pdf file Appendix B -Location Plan -pdf file Appendix C-Technical and Price Proposal Submittal Requirements-pdf file ADDENDUM Page 3 of26 Solar PV Design-Builder RFP GENERAL A. PROJECT DESCRIPTION City of Carlsbad Alga Norte Community Park Project No. 39251 The City of Carlsbad ("city") is located about 35 miles north of the City of San Diego on the Southern California coast, where a great climate, beautiful beaches, lagoons and abundant natural open space, with world class resorts, family attractions, well-planned neighborhoods, a diverse business sector and a charming village atmosphere combine to create the ideal California experience. Covering nearly 42-square miles, the city is approaching build out and is currently home to nearly 107,000 residents. Carlsbad is a Charter City and is not required to comply with the Prevailing Wage Act. The city is served by SDG&E for gas and electric services. The following request for proposal (RFP) pertains to the design, construction and installation of a solar/photovoltaic generation system at Alga Norte Community Park (ANCP), currently under construction within the City of Carlsbad. The City of Carlsbad has a demonstrated commitment to sustainability and incorporating energy efficiency measures into public projects in an effort to lower the long term operational costs of city facilities. Firms with design build experience are being solicited to present proposals for review. Based upon the submitted information, qualified candidates may be invited to interview as outlined within this document. This RFP does not commit the city to award a contract, to pay any costs incurred in the preparation of submittals to this request, or to procure or contract for services or supplies. The city reserves the right to accept or reject any or all submittals received as a result of this request, to negotiate with any qualified source, or to cancel in part or entirely the RFP. ANCP is located at 6565 Alicante Road, the northwest comer of the intersection of Poinsettia Lane and Alicante Road. ANCP features an aquatic center, three baseball fields, a dog park, a skate park, basketball courts, playgrounds, open space and parking. The aquatic center includes a 56 meter long competitive pool, a 12-lane instruction pool, a therapy spa and a recreational component with wet play structures. The aquatic center also includes 13,000 square feet of building space for a mechanical building, an administration building, locker room facilities, group meeting room, a fitness room and a concessions kitchen. Other buildings at the park include a maintenance facility, pool equipment building, a snack bar and three public restrooms. Completion of the park is expected in December 2013. B. SCOPE OF WORK This project includes designing, permitting, installing and commissioning of solar photovoltaic multi- crystalline (PV) panels mounted on car shade structures located in the parking lot of the Alga Norte Community Park Project. The columns for the shade structures will be located in 6 planter areas shown in Exhibit "A". The shade structure shall extend approximately to the end of the parking stall on each side of the planter. Depending on the total size and configuration of the shade canopy mounted solar PV array, eight (8) existing light poles serving the parking lot areas may need to be removed and stored on the property. The existing standards may remain (unless they interfere with the shade structure foundations) and the proposal shall include placing a junction box on top of the standard to connect to the existing lighting circuits. Using the existing 277v lighting circuits, new LED light fixtures will be provided under the solar PV panels. New fixtures must be approved by the Design Lighting Consortium (DLC) and/or Energy Star rated, the city recommends CREE CPY 250 series at 5100k (or equal). The city requires a . ........_ minimum lighting level of 0.5fc and an average of 1.0fc for the parking area. Page 4 of26 c c Solar PV Design-Builder RFP City of Carlsbad Alga Norte Community Park Project No. 39251 The project has 2 meters served by SDG&E. One meter is for outside lighting (OL-2 rate or $0.08/kWh) and the other for all other electrical loads (AL TOU rate or $0.18/kWh, this rate includes the expected rate increase from SDG&E). The estimated annual electrical demand for the park is 400,000 kWh for the AL TOU meter and 225,000 kWh for the OL-2 meter (outside lighting). Given the reduced rate for the OL-2 meter, the city suggests that only the consumption from the ALTOU meter should be considered for the solar PV array. The city reserves the right to negotiate with the successful bidder to extend the solar array to include the OL-2 meter, if the financial analysis is still viable. Exhibit "A" shows possible locations for parking shade structures. The total area is approximately 50,000 sf. The actual size and extent of the shade structure should match the size of the array proposed for this project. The city also reserves the right to negotiate with the successful bidder to evaluate other photovoltaic technologies, such as mono-crystalline panels, if financially feasible. Two 3" conduits have been placed from the main electric service room to each planter area, as shown in Exhibit "A". This work was completed prior to placement of the asphalt parking lot. To quality·for the California Solar Initiative rebate program, the solar photovoltaic array capacity ratings must be determined using the Photovoltaic Utility Scale Applications (PVUSA) Test Conditions (PTC). All proposers must calculate their rated capacity using the PTC. Describe any warranties associated with the install, including full system coverage and/or warranties associated with individual components. Detail any additional warranty terms that extend beyond the standard manufacturer's warranties, if applicable. Provide a written Performance Guarantee that ensures the performance of the solar array for the warranty duration. A shade structure without solar PV panels will be required along the ADA compliant parking areas, as shown in Exhibit "N'. LED lighting will be required for this shade structure. A lighting circuit conduit is provided to this area. This cost should be included in the proposal, but not in the financial calculation in Exhibit B. A soil report for the project is included in Exhibit A and is provided for reference only. The aesthetics of the solar PV shade canopy system will be a part of the evaluation. Examples of design build teams' recently completed projects will be evaluated for their compatibility to the local environment including placement and protection of all inverters. The park currently has shade structures throughout the property. Polygon Structures is the current provider of these shade structures and represents the level of quality the city would like to have in the solar PV shade structures. A photo of the existing shade structures at the park is included in Exhibit A. The system shall be integrated into the city's SCADA (web based System Control and Data Acquisition) system software to allow real time production of electricity from the solar PV system. The data to be provided will include daily, weekly, monthly and yearly energy production, cost savings, greenhouse gas savings and total capacity efficiency. This cost should be included in the proposal, but not in the financial calculation in Exhibit B. The park is currently covered by a SWPP permit. The construction of the solar array will be covered under this permit. The planned completion of the park's construction is December 2013. The installation of the solar array will need to be completed prior to the Facility Opening Date shown in Section D. The Proposal must include a detailed description of the Commissioning Services required prior to starting up the system. Page 5 of26 c c Solar PV Design-Builder RFP City of Carlsbad Alga Norte Community Park Project No. 39251 C. PROJECT OBJECTIVES D. Services required of Design/Build Teams (DBT) include providing design, installation and commissioning of a cost-effective solar photovoltaic system at Alga Norte Park in order to reduce municipal energy costs. Additional project objectives may include: • Maximize the power (kW) and energy (kWh) output especially during peak demand periods, • Access State and Federal rebates, incentives and loans for renewable energy systems, • Ensure that installed systems do not negatively impact daily operational and maintenance activities, Proposed solar PV installation options should be sized, sited and oriented to maximize the renewable energy generation potential during peak demand hours, while also minimizing the project's payback period. SELECTION PROCESS-DESIGN BUILD DELIVERY The City of Carlsbad intends to evaluate DBT qualifications, price proposals and investment results and will complete an objective and subjective score for each submittal. The DB Team will fill out the city-provided financial calculation (Exhibit "B"). The city will provide values for rebates, average cost per kWh (ALTOU Rate), Discount Rate and Inflation values. The DB Team will populate the first costs for their installation and annual production of kWh for their solar array. In addition, the DB Team will populate any predicted maintenance and replacement costs over 30 years. Operating costs .for lighting under the canopy will not be required for this evaluation. The city may schedule interviews from the three (3) to five (5) teams with the highest points. All DBT members shall be licensed and registered with the State of California, as required. This RFP document describes the typical elements of a project, the required scope of services, the selection process and the minimum information that must be included in the proposal submittal. Exhibit "A" represent the Basis of Design and is the city's intent. Bidders are allowed to submit substitutions, changes, improvements, allowances, clarifications and assumptions (voluntary and involuntary). Requests for information regarding this procurement must be submitted in writing. No substitutions or design changes will be allowed after selection of the Design Builder unless the city approves the substitution/change. EKhibit "B: is a spreadsheet that provides rebates, cost for energy, discount and inflation rates. The bidders shall populate the installation costs, annual production and maintenance costs of their solar array and the spreadsheet will calculate the financial benefits of the array. The selected DBT will be required to guarantee the performance of the solar array production. Exhibit "C" is a spreadsheet that populates the score of the Bidders qualification response. The spreadsheet offers objective and subjective scoring opportunities. The objective score is populated based upon the Bidder's responses to the questions provided. The subjective score is populated by the Selection Committee. The Bidders are required to provide the requested information and to click on radial buttons that will populate the score for that question. Each comparable project the Bidder provides will have several questions; each question is an opportunity to increase the Bidder's score. This project will be delivered in full compliance with the city's Design Build Method One, as outlined in the Carlsbad Municipal Code Section 3.28.085, titled "Design-Build Contracts." Page 6 of26 Solar PV Design-Builder RFP 1. Evaluation Score Sheet City of Carlsbad Alga Norte Community Park Project No. 39251 Each prospective DBT shall answer all questions and provide all requested information, as applicable, on the Evaluation Score Sheet. Any prospective DBT failing to do so may be deemed non responsive with respect to the selection process for this project. All information submitted for selection evaluation will be considered official information acquired in confidence and the city will maintain its confidentiality to the extent permitted by law. 2. Financial Score Sheet Each prospective DB T shall complete the Financial Calculation Spreadsheet that will provide a common understanding of the investment value of the proposed Solar PV system. The city provides our current average electrical consumption rate, inflation rate, discount rate and energy rebate values. The DBT will provide first costs for the entire solar system, annual maintenance costs and predictive replacement costs for the time period defined. The spreadsheet will calculate the investment value of the proposed system, including Net Present Value (NPV}, Return on Investment (ROI}, and Internal Rate of Return (IRR). The DBT with the highest Net Present Value (NPV) will receive the maximum points allowed. Approximately 35% of the total maximum score (300 points) is dedicated to the NPV. All other proposals shall be scored on a sliding scale, using the following formula: 300-p Where P = the ratio of the highest NPV compared to the lesser NPVs. =[(highest NPV -lesser NPV) I (highest NPV)] x 1000 3. Summary of Selection Criteria Scores The table below is the summary of selection criteria and scores: Selection Criteria Maximum Possible Score Project and Staff experience of the DB Team 204 Solar PV provider qualifications 163 Shade structure provider qualifications 83 Net Present Value of the Investment 300 Total Maximum Score 750 4. Availability of the Technical and Pricing Proposal Proposal documents will be available on the City of Carlsbad's website www.carlsbadca.gov. Questions regarding the scope of the work for this project must be submitted in writing to: (deadline for questions is per paragraph G). Patrick McGarry, Civic Projects Manager 405 Oak Avenue Carlsbad, CA 92008 Patrick.mcgarrv@carlsbadca.gov 5. Mandatory Conference DB Team Entities interested in bidding on this project are required to attend the Mandatory Conference scheduled on the date, time and location published on the cover of this document. Page 7 of26 c c Solar PV Design-Builder RFP City of Carlsbad Alga Norte Community Park Project No. 39251 Contractors failing to sign in on the official attendance sheet at the conference will not be eligible to participate in the qualification process. 6. Submittal Procedures DB Teams interested in submitting a proposal for this Project must submit a completed Technical and Pricing Proposal and all required Exhibits. The city is not responsible for any costs that DB Teams may incur to complete the submittal process. The purpose of the Technical submittal is to provide the city with sufficient information to determine which team(s) are the best qualified, as per the selection criteria as rated by the city. All applicable portions of the attached forms shall be completed with attachments if the space provided on the forms is not sufficient. FAILING TO CLEARLY PRESENT ALL OF THE REQUESTED INFORMATION, OR FAILING TO BE IN THE FORMAT REQUESTED MAY BE CONSIDERED NON RESPONSIVE AND MAY BE REJECTED ON THAT BASIS. Each copy of the submittal must be complete and fully responsive to the requirements of the RFP. The city reserves the right to waive any minor irregularity or informality in the questionnaire. One (1) Original and One (1) electronic copy of the RFP must be received at the location, date and time ublished on the cover of this document. DB Team shall assume full responsibility for timely delivery at the address designated for receipt of Questionnaires. NO PROPOSALS WILL BE ACCEPTED AFTER THE DUE DATE AND TIME. For information review the city's Website at www.carlsbadca.gov 7. Rating and Evaluation Procedures-Selection Criteria refer to Appendix A Page 8 of26 Solar PV Design-Builder RFP City of Carlsbad Alga Norte Community Park Project No. 39251 ""-··· . E. DESIGN BUILD PROCESS c c The successful DB Team will be responsible for retaining qualified design professionals to provide complete construction documents and related work including permits required to construct the project as described and specified in the Contract Documents. The project will include the supply of all materials, equipment and labor for installation, testing, commissioning, training, warranties and as-built documentation. The as-built drawings shall be certified and stamped by a registered professional and be provided in both written and electronic format. The DB Team will perform all USA Mark Out services required by state law. The DB Team will control costs and will be responsible for the time schedule and may self-perform certain work. The successful DB Team will provide both design and construction services. The entity that provides these services is the DB Team, but the actual structure of the entity is at the discretion of each DB Team. Each member of the DB Team shall comply with the laws of the State of California, applicable to such firms. The DB Team shall hold all required licenses and the DB Team entity shall be the financially responsible entity for bonding and insurance. Any design firms or individual consultants previously retained by the city to assist in the design, development of criteria or preparation of the request for proposal shall not be eligible to participate in the competition with any design/build entity. In order to provide the city with the most qualified DB Teams, the prime contractor shall not require exclusivity for the key subcontractors and key design consultants. Failure to comply with this provision may result in disqualification. Substitution of key subcontractors and design consultants after the selection process may result in disqualification, unless approved by the city. F. PROPOSAL PREPARATION, SUBMITTAL EVALUATION AND CONTRACT AWARD PROCESS The steps leading to contract award is summarized as follows: 1. City issues Request for Technical and Pricing Proposals 2. Attendance of the Mandatory pre-bid conference 3. Technical and Pricing Proposals submitted before the established deadline 4. Public bid opening of price proposals on Published Due Date 5. City conducts an evaluation of Technical and Pricing Proposals 6. Formal Interview/Oral Presentation of highest scoring teams (if needed) 7. Determination of the best value proposal per the rating and evaluation process 8. Final clarifications of the terms and conditions of the proposal/agreement 9. City Council Approval of Award to recommended Design/Builder 1 0. Contract award/Notice to Proceed G. PROJECT SCHEDULE The Project will proceed upon selection and award of the Contract. Liquidated damages shall be assessed for each calendar day the DB Team does not complete the project within the Contract Time. The anticipated contract period is 6 months from the Notice to Proceed. Page 9 of26 c Solar PV Design-Builder RFP City of Carlsbad Alga Norte Community Park Project No. 39251 The following tentative schedule has been prepared for this project and is subject to change, upon the sole discretion of the City of Carlsbad: Council approval of Selection Criteria (RFQ/RFP) ................................. September 24, 2013 Issue RFP ............................................................................................... September 27, 2013 Qualification/Pre-Bid Conference ................................................................ October 17, 2013 Written Questions Submittal Deadline ......................................................... October 31, 2013 City Responses to Questions/Addendum Deadline .................................. November 8, 2013 Qualifications Questionnaires/RFPs due ................................................. November 21, 2013 Formal City Council Award ...................................................................... December 17, 2013 Notice to Proceed ..................................................................................... January TBD, 2014 Kick-Off/Pre-Job Meeting ......................................................................... January TBD, 2014 Phase 1 Approvai ............................................................................................................. TBD Phase 2 Approvai ............................................................................................................. TBD Phase 3 Approvai ............................................................................................................. TBD Facility Opening ................................................................................................. July 31, 2014 Page 10 of26 / c Solar PV Design-Builder RFP II. DB TEAM INFORMATION City of Carlsbad Alga Norte Community Park Project No. 39251 All information requested must be furnished on the forms provided below and must be completed in order to qualify. If more room is need to answer the question a supplemental single page may be added to the forms. A. ENTITY SUBMITIING THIS PROPOSAL : COMPANY NAME AND ADDRESS CompanyName: --------------------------------------------------- Telephone Facsimile Street Address: Street Address City & State Zip Code B. CONTACT INFORMATION Contact Person #1 : Name, Title C. ENTITY SUBMITIING THIS QUESTIONNAIRE Telephone Email Parent Company: 0 Subsidiary: 0 Other: 0 Branch Office: 0 Division: 0 D. TYPE OF BUSINESS ORGANIZATION Corporation: Partnership: Sole Proprietorship: 0 State of Incorporation: 0 Joint Venture: 0 0 Other: 0 (Please list) (Please list) If a corporation, organized under the laws of the state of: If a partnership (Only partnerships that are a legal entity will be considered), provide the following information: Date of Organization: ----------------------General: 0 Association 0 Copy of legal document demonstrating the partnership is a legal entity and copy of partnership operating agreement. Name and complete legal address of each general partner: (Partner's Name) (Legal Address) (Partner's Name) (Legal Address) Page 11 of26 c c Solar PV Design-Builder RFP E. LICENSES City of Carlsbad Alga Norte Community Park Project No. 39251 The Contractor and Key Subcontractors of the DB Team must have current and active California State Contractor's licenses Classification for this Project. Minimum License requirements are as follows: CSLB LICENSE CLASS A and B, C-1 0 ELECTRICAL C-46SOLAR C-51 STRUCTURAL All licenses must be maintained in current and active status throughout the project. 1. Design Build Contractor The DB Contractor must have a current and active California State Contractors license "A" General Engineering Contractor and "B" General Building Contractor Classification for this Project. Does your firm have the required current and active California State Contractors license? YesD NoD Name of Licensee as it appears on record with the California Contractors State License Board: License No. Issue Date: -----_____ Expiration Date: License Class/Classes: Description of Classification(s): Description of Certification(s): For Joint Venture: List Joint Venture's license information above as the Design Builder and the license information for all Joint Venture partners below: (Exact Name of Licensee as it appears on record with the California Contractor's State License Board) License No. Issue Date: -----_____ Expiration Date: License Class/Classes: Description of Classification(s): Description of Certification(s): 2. Key Subcontractor A: Solar PV Supplier The Key Subcontractor A must have a current and active California State Contractor's license with a "C-46 and C-1 0" Contractor Classification for this Project. Does your firm have the required current and active California State Contractors license? YesD NoD Name of Licensee as it appears on record with the California Contractors State License Board: License No. Issue Date: ----------------------Expiration Date: ______ _ License Class/Classes: Page 12 of26 c Solar PV Design-Builder RFP Description of Classification(s): Description of Certification(s): 3. Key Subcontractor B: Parking Shade Canopy Supplier City of Carlsbad Alga Norte Community Park Project No. 39251 The Key Subcontractor B must have a current and active California State Contractor's license with the "C-51" Contractor Classification for this Project. Does your firm have the required current and active California State Contractors licenses? YesO NoD Name of Licensee as it appears on record with the California Contractors State License Board: License No. Issue Date: ---------------------License Class/Classes: 4. Design Firms (Architects and Engineers) Firm/Person Name: Street Address: Architect of Record Telephone Street Address Expiration Date: ____________ _ Facsimile City & State Zip Code Provide the name of the Architect of Record to be used on the Project: Firm/Person Name: Street Address: Name, Title Structural Engineering Firm/Person Telephone Street Address Page 13 of26 License Number Facsimile City & State Zip Code c c Solar PV Design-Builder RFP City of Carlsbad Alga Norte Community Park Project No. 39251 Provide the name of the Engineer of Record to be used on the Project: Firm/Person Name: Street Address: Name, Title License Number Solar Engineering Firm/Person/Manufacturer Telephone Facsimile Street Address City & State Provide the name of the Engineer of Record to be used on the Project: Name, Title License Number Page 14 of26 Zip Code c c Solar PV Design-Builder RFP F. QUALIFICATION QUESTIONNAIRE City of Carlsbad Alga Norte Community Park Project No. 39251 A "YES" ANSWER TO ANY OF THE QUESTIONS BELOW MAY SUBJECT THE DB TEAM TO DISQUALIFICATION. Contractor License Board Disciplinary Proceedings Has any member on the DB Team, during the past ten years, received any civil or criminal violations of the California Contractor's State License Law? Yes D NoD Debarment/Public Works Bidding Issues/False Claims Is any member on the DB Team currently or has it ever been debarred, disqualified or removed from any government public works project or were in violation of the Federal or State False Claims Act or instances? Yes D NoD Labor Code /OSHA/Equal Opportunity Employment {EEO) Violations Has the DB Team member, during the past ten years, received any civil or criminal violations of federal or state law governing Labor Code/OSHA/ EEO? Yes D NoD Payment ofWages/Benefits/Personallncome Tax Withholdings or Federal Insurance Contribution Act {FICA)/State disability Insurance {SDI) or Unemployment Insurance Payment Violations Has any member on the DB Team, during the past ten years, received any civil or criminal violations of federal or state law governing the Payment of Wages/Benefits/Personal Income Tax Withholdings/FICA/SDI or Unemployment Insurance Payment? Yes D NoD Surety and Default Has a surety completed work on any construction contract or has there been any default against a construction contractor for any member on the DB Team, during the past ten years: Yes D NoD Bankruptcy or Receivership Has any member on the DB Team, during the past ten years, had a bankruptcy or receivership during performance of a construction contract: Yes D No D Liquidated Damages Has any member on the DB Team, been assessed liquidated damages for failing to complete a contract within the time specified in the contract within the last ten years? Yes D NoD Page 15 of26 c Solar PV Design-Builder RFP City of Carlsbad Alga Norte Community Park Project No. 39251 Financial Capability Attach a notarized statement from the suretv(ies) that states: (i) current available bonding capacity meets or exceeds the project Estimated Construction Cost; (ii) total bonding capacity; (iii) Surety(ies) proposed to be used on the project is an admitted surety insurer as defined in the California Code of Civil Procedure Section 995.120; and (iiii) Surety (ies) acknowledges its intent to provide bonding of the project in the event DB Team is awarded the Project. Insurance The successful DB Team primary entity for this Project will be required to furnish certificates of insurance on city's form evidencing that it shall furnish and maintain Commercial Form of General Liability, Excess Liability (if applicable), Business Automobile Liability, Professional Liability, Pollution Liability and Workers' Compensation insurance in the amounts below. The DB Team Design Builder's insurance shall, by endorsement to the policies and the Certificates of Insurance name The City of Carlsbad, its Agents, Employees and Contractors, as additional insured. The insurance required for Commercial Form General Liability, Excess Liability, Business Automobile Liability, Professional Liability and Pollution Liability Insurance shall be issued by companies with a Best rating of A-or better and a financial classification of VIII or better (or an equivalent rating by Standard & Poor or Moody's) written for not less than the following: Minimum COMMERCIAL FORM GENERAL LIABILITY INSURANCE -Limits of Liability Requirements Each Occurrence -Combined Single Limit for Bodily Injury and Property Damage: $ 2,000,000 Products-Completed Operations Aggregate: $2,000,000 Personal and Advertising Injury: $2,000,000 General Aggregate: $5,000,000 Minimum Requirements BUILDER'S RISK INSURANCE $5,000,000 Minimum DB TEAM'S PROFESSIONAL LIABILITY -Limits of Liability Requirement Each Occurrence-Professional Liability $2,000,000 General Aggregate: $5,000,000 Minimum BUSINESS AUTOMOBILE LIABILITY INSURANCE -Limits of Liability Requirement Each Accident-Combined Single Limit for Bodily Injury and Property Damage: $2,000,000 Minimum POLLUTION LIABILITY INSURANCE -Limits of Liability Requirement $2,000,000 Page 16 of26 Solar PV Design-Builder RFP ,I"""' City of Carlsbad Alga Norte Community Park Project No. 39251 "'-" Insurance required for Workers' Compensation and Employer's Liability Insurance shall be issued by companies that have a (i) Best rating of B+ or better and a financial classification of VIII or better (or an equivalent rating by Standard & Poor or Moody's) or (ii) that are acceptable to the city. Such insurance shall be written to be not less than (as required by Federal and State of California law). c A "No" Answer to the question below will subject the DB Team to disqualification. Is your firm able to obtain the above insurance in the limits and ratings stated from the required companies? Yes 0 No 0 If "yes", provide notarized declaration(s) from your insurance agent/broker/carrier stating that your firm is able to obtain insurance coverage in the limits and ratings stated above from the insurance companies required for this Project. Experience Modifier Rate List your company's Workers' Compensation Experience Modifier Rate for the past five years: 2008:---2009:---2010:---2011:---2012 --- Submit a letter from vour Workers' Compensation carrier showing your Experience Modifier rate for the last ten years. If the Modifier Rate has been above 1.0 for five or more of the past ten years, provide an explanation, including dates: Ill. RELEVANT EXPERIENCE OF THE DESIGN BUILD TEAM A. YEARS OF EXPERIENCE Does your company have at least five years of experience as a Design Builder Team? YesO NoD A no answer to the question above may subject the DB Team to disqualification. B. PROJECT COMPLETION Has any member of the DB Team failed to complete a Contract or been removed from a project within the last five years? Yes 0 No 0 If yes, give details including dates: C. COMPLETED PROJECT EXPERIENCE (COMPARABLY SIZED PROJECTS) 1. DB Team Construction Experience: a. Only information, experience and work performed by the DB Team that will bid, manage, design, construct and staff the project will be considered for prequalification. A total of three projects from each team member completed in the last five rears may be submitted to demonstrate the DB Team's experience, Page 17 of26 c Solar PV Design-Builder RFP City of Carlsbad Alga Norte Community Park Project No. 39251 b. Projects presented for consideration must be submitted on the forms attached to this section. Make additional copies as needed. Submit a minimum of two and no more than three fully completed projects that are comparable in size, scope, complexity, technically sound and aesthetically distinctive projects constructed for public/private owner or institutional clients: 1. 2. 3. 4. 5. 6. At least three (3) projects which were comparable in construction cost At least three (3) built in the State of California Three (3) projects which used design build project delivery of comparable cost Three (3) projects which included a solar PV system mounted on shade structure Three (3) projects that included a positive Net Present Value (NPV) and an internal rate of return of (IRR) of at least 3% One ( 1) project with previous team experience between the Contractor and design firms c. Describe systems used in the design, planning, scheduling, estimating and managing of the projects. Briefly describe the firm's experience on quality control, dispute resolution and safety management. d. Sustainable Design Practices; Provide examples of recent design and construction solutions that demonstrate sustainable practices. Page 18 of26 Solar PV Design-Builder RFP City of Carlsbad Alga Norte Community Park Project No. 39251 Verify all contacts prior to submittal. Do not leave any spaces blank. Responses such as "NIA" are not acceptable. If not applicable, state 1'Not Applicable" and explain why. If none, state 1'NONE." Project Name: Project or Contract Number: Project Location: Street Address City & State Zip Code Owner Information: Contact Person: ------=---~~-----Owner's Name Name & Title Address: Street Address City & State Zip Code Telephone: Email: ------------------------------~ Reference Information: Contact Person: ------=-------~--------Company's Name Name & Title Email: ----------------------------------~ Telephone: What was your company's role on this project? Design Builder D Construction Manager D General Contractor D Contract Time: Start Date: --~:---:-:-::~---=-=-----11 Scheduled Completion Date: Month/Day/Year Month/Day/Year Actual Completion Date: ----=-------11 Days Extended due to Unexcused Delays: ___ _ Month/Day/Year Other D Specify: Comments: C'------------------' Page 19 of26 Solar PV Design-Builder RFP City of Carlsbad Alga Norte Community Park Project No. 39251 c D. SUPPLEMENTAL COMPANY INFORMATION c 1. Safety Program a. Does the Prime Contractor of the DB Team and any key subcontractor have a written Injury and Illness Prevention Program (IIPP) that complies with California Code of Regulations, Title 8 Sections 1509 and 3203? Yes D NoD b. Does your company have personnel permanently assigned to safety? Yes D No D 2. Quality Control Processes a. Does your company have a written QNQC program? Yes D No D b. Does your firm have personnel permanently assigned to QNQC? Yes D No D Page 20 of26 c Solar PV Design-Builder RFP IV. KEY PERSONNEL A. RESUMES FOR PROPOSED KEY PERSONNEL City of Carlsbad Alga Norte Community Park Project No. 39251 Submit resumes for the following key members of your staff who will be assigned to this project 1 . Project Executive 2. Project Manager 3. Project Engineer 4. Superintendent 5. Quality Assurance Manager 6. Principal-in-Charge (for design team members) Resumes shall include the following: 1. Job titles and functions 2. Credentials, including CCM, LEED AP or GA, etc. 3. Number of years the staff member has been with the firm 4. Educational background 5. A list of completed comparable sized projects similar to the requirements listed in Section Ill 6. Employment history 7. Client references 8. Project Management Training (i.e. Computer Software Applications) 9. Percentage of time the staff member will be committed to this project. V. CLAIMS HISTORY Submit information for ALL of the Contractor's and Design Firm's local, regional, national offices as well as their corporate parent companies, as applicable. OWNER AGAINST CONTRACTOR CLAIM Provide the information requested below for the entity listed in Item II.A or any Parent Companies/Corporations that are owners or part of the entity listed in Item I I.A. Complete a separate FORM A-OWNER AGAINST CONTRACTOR CLAIM tabulation sheet for all claims seeking compensation, damages and/or penalties of $50,000 or more arising from or relating to Contractor's alleged poor workmanship, incomplete performance, defective work, unexcused delays in completion (liquidated damages), asserted by an owner and/or Performance/Payment Bond sureties against the Contractor within the last five (5) years which are currently pending or were resolved with the result that Contractor, its surety or insurer was required to pay to owner, or was assessed a deduction in the contract price by owner, an amount of 40% or more of the highest amount sought by the claim. Such claims consist of those which are pending, or were resolved by a final decision in an arbitration or lawsuit, or in mediation. A signature by the Contractor's sole proprietor, general partner, or corporate officer is required on Form A. If signed by other than the sole proprietor, a general partner or corporate officer, attach original notarized power of attorney or corporate resolution. CONTRACTOR AGAINST OWNER CLAIM Provide the information requested below for the entity listed in Item II.A or any Parent Companies/Corporations that are owners or part owners of the entity listed in Item I I.A. Page 21 of26 Solar PV Design-Builder RFP City of Carlsbad Alga Norte Community Park Project No. 39251 .....,_ Complete a separate FORM B -CONTRACTOR AGAINST OWNER CLAIM tabulation sheet for all claims seeking $50,000 or more for compensation in excess of the contract amount (inclusive of the value of agreed- upon change orders), damages and/or penalties asserted by Contractor against an owners within the last five (5) years, which are currently pending or were resolved with the result that Contractor received 60% or less of the highest amount sought by the claim. Such claims consist of those which are pending, or were resolved by a final decision in an arbitration or lawsuit, or in mediation. "Claim" as used in this section does not include either: (a) agreed-upon contract change orders; or (b) stop notices or litigation to enforce stop notices, but does include subcontractor claims ("pass through" claims) even if the contractor had no interest in the claim. A signature by the Contractors sole proprietor, general partner, or corporate officer is required on Form B. If signed by other than the sole proprietor, a general partner or corporate officer, attach original notarized power of attorney or corporate resolution. c Page 22 of26 c Solar PV Design-Builder RFP City of Carlsbad Alga Norte Community Park Project No. 39251 c.t.1~13£Mii~@i·1Jitci~h:iill!a]ij;iri%ilh- Use one Form per Lawsuit or Arbitration (Make Copies as Needed) I FORMA Case Name and Number including Name and Location of Court or Arbitration Service: Date Arbitration or Litigation Commenced: Project Name: Project or Contract Number: Project Location: Street Address City & State Zip Code Name of Owner: Contact Person: --:--:c--::-:::::-:-:-------------Telephone: Name & Title Highest Amount Sought for All Claims: _$_,___ ______ _ (Amount in Figures) Amount Recovered: $ ~-----=----~-(Amount in Figures) Method of Resolution (Check One): Judgment: D Arbitration Award: D Litigation: D Settled by Contracting Parties without Litigation or Arbitration: D Other: D List: ------------------------- Date of Claim Resolution: Basis for Claim: If the lawsuit or arbitration was resolved for more than 40% of the highest amount sought for all claims, state why the lawsuit or arbitration should not be considered a meritorious lawsuit or arbitration filed by an owner against Contractor and/or persons or entities associated with Contractor: My signature below signifies my declaration that the answers provided on this Form A are true and correct. Design/Builder's Signature: Printed Name & Title: If signed by other than the sole proprietor, a general partner or corporate officer, attach ori inal notarized ower of attorne or cor orate resolution. Page 23 of26 c Solar PV Design-Builder RFP City of Carlsbad Alga Norte Community Park Project No. 39251 1·1¥J@~rJ:Iii!!.1§Hii~~ii•ftll~i§@J!41t~- Use one Form per Lawsuit or Arbitration (Make Copies as Needed) I FORM B Case Name and Number including Name and Location of Court or Arbitration Service: Date Arbitration or Litigation Commenced: Project Name: Project or Contract Number: Project Location: Street Address City & State Name of Owner: Contact Person: -----------------Telephone: Name & Title Highest Amount Sought for All Claims: $ (Amount in Figures) Amount Recovered: $ (Amount in Figures) Method of Resolution (Check One): Judgment: 0 Arbitration Award: 0 Zip Code Litigation: 0 Settled by Contracting Parties without Litigation or Arbitration: 0 Other: 0 List: Date of Claim Resolution: Basis for Claim: If the lawsuit or arbitration was resolved for less than 60% of the highest amount sought for all claims, state why the lawsuit or arbitration should not be considered a meritorious lawsuit or arbitration filed by an owner against Contractor and/or persons or entities associated with Contractor: My signature below signifies my declaration that the answers provided on this Form B are true and correct. Design/Builder's Signature: Printed Name & Title: If signed by other than the sole proprietor, a general partner or corporate officer, attach ori inal notarized ower of attorne or cor orate resolution. Page 24 of26 Solar PV Design-Builder RFP City of Carlsbad Alga Norte Community Park Project No. 39251 (~ ----------------------------------------------------------------------------'-" VI. REQUIRED COMPLETED ATTACHMENTS c 1. Notarized Statement from Surety stating (reference Section II.F-Financial Capability): a. current available bonding exceeds the project Estimated Construction Cost; b. total bonding capacity; c. Surety(ies) proposed to be used on the project is an admitted surety insurer as defined in the California Code of Civil Procedure Section 995.120; d. Surety (ies) acknowledges its intent to provide bonding of the Project in the event Contractor is awarded the Project. 2. Notarized declaration from your insurance agent/broker/carrier stating that your firm can obtain insurance coverage in the required limits and ratings for the project (reference Section II.F -Insurance). 3. Insurance Certificate (reference Section II.F -Insurance). 4. Letter from Workers' Compensation carrier evidencing your EMR for the last ten years (reference Section II.F-Experience Modifier Rate). Page 25 of26 Solar PV Design-Builder RFP lMW!!i<"'> City of Carlsbad Alga Norte Community Park Project No. 39251 ~VII. DECLARATION c DECLARATION I, hereby declare that I am the Printed Name Title of -----------------submitting this Questionnaire; that I Company Name am duly authorized to execute this Questionnaire on behalf of the DB Team; and that all information set forth in this Questionnaire and all attachments hereto are, to the best of my knowledge, true, accurate and complete as of its submission date. I declare, under penalty of pe~ury, that the foregoing is true and correct and that this declaration was executed at County of Location and City County State of on ----~~------State Date Signature Printed Name If signed by other than the sole proprietor, a general partner, or corporate officer, attach original notarized power of attorney or corporate resolution. Page 26 of26 c ~ '·! ..., CARLSBAD Design-Builder Questionnaire Alga Norte Community Park Project No. 39251 SELECTION CRITERIA RATING AND EVALUATION PROCEDURES APPENDIX A A. To be selected for this project, a prospective Design Build Team must: 1. Have sufficient project experience for the Contractor as referenced in the Evaluation Score Sheet. The projects submitted will receive points based on the extent to which they meet the listed criteria. 2. Demonstrate adequate experience and Key Personnel as referenced in the Evaluation Score Sheet. (Information submitted will receive points based on experience). 3. Hold the proper licenses, current and active for the Design Builder and subcontractors. 4. Submit a notarized statement from the proposed surety(ies) that states: a. DB Team's current available bonding capacity meets or exceeds the minimum standards described in the Questionnaire. b. Surety(ies) proposed to be used on the project is an admitted surety insurer as defined in the California Code of Civil Procedure Section 995.120. c. Surety(ies) acknowledges its intent to provide bonding of the Project in the event DB T earn is awarded the Project. 5. Submit a notarized declaration from its insurance agent/broker/carrier stating that the DB T earn is able to obtain the insurance limits and ratings required for this project. 6. Submit all requested information that is current, accurate, and complete. B. To be selected for this project, a prospective DB T earn must not have had, within the past five years: 1. A civil or criminal violation of the Contractors State License law. 2. Any debarment, disqualification or removal from Federal, State, or local government public works project; a violation of the Federal or State False Claims Act or instances in which a bid for a public works project was found to be non-responsive and/or the contractor was found to be not responsible. 3. A civil or criminal violation of State or Federal labor laws, California Occupational Safety and Health Act, Federal Occupational Safety and Health Act, or of Equal Opportunity Employment. 4. A civil or criminal violation of Federal or State law governing the Payment of Wages or Employment of apprentices, Benefits, Personal Income Tax Withholding, Federal Insurance Contribution ACT (FICA), State Disability Insurance (SOl) or Unemployment Insurance Payment. 5. A surety complete work on any construction contract or any default on a construction contract. 6. A bankruptcy or receivership during performance of a construction contract. 7. Assessed liquidated damages for failing to complete a contract within the time specified in the contract documents 8. An Experience Modification Rate (EMR: Workers' Comp) injury rating above 1.0 for 5 of the last 5 years. 1 of2 c ~ '·: "r. CARLSBAD Design-Builder Questionnaire Alga Norte Community Park Project No. 39251 9. Excessive claims asserted against it that was resolved by judgment or arbitration award and otherwise meets the parameters specified in Items V.A, and have not asserted a claim against an owner that has been resolved by judgment or arbitration award and otherwise meets the parameters specified in Item V.B. C. Design Build T earns will be evaluated on the following additional criteria: 1. The project experience for the Design Build Entity and Key Subcontractors as referenced in the Evaluation Score Sheet. The projects submitted will receive points based on the extent to which they meet the listed criteria. The evaluation includes scores populated by the proposer based on the answers to the questions. The City Selection Committee will populate scores as indicated in the Evaluation Score Sheet.. Proposal Scoring Table Description Points Component Available Technical and Experience of the DB Entity 204 Pricing Experience of the Key Subcontractors 246 Proposal Net Present Value of the Proposed Investment* 300 Subtotal: 750 Oral Oral Presentation -if required 100 Presentation Total Total Score 850 Score * The Financial results of Exhibit B Financial Spreadsheet, Net Present Value, (NPV) will determine the score for this category. The highest NPV will receive the maximum points. The lesser performing NPV will be given points on a sliding scale as described in the Technical and Pricing Proposal Request. THE CITYMAY FIND A PROSPECTIVE DESIGN BUILD TEAM NOT QUALIFIED IF THE CITY DETERMINES THAT THE PROSPECTIVE DESIGN BUILD TEAM HAS A HISTORY OF POOR PERFORMANCE ON OTHER PROJECTS. After review of the Evaluation Score Sheet, the city may request clarifying information. The Evaluation Score Sheet must be complete and address all the stated requirements. DB Teams selected for interviews (if required) will be notified in writing, and will specify the date, time, and location of their interviews and outline the interview process. The city reserves the right to re-open the DB Team selection process if the city determines that there are insufficient qualified DB Teams to support the Proposal process. 2 of2 LOCATION MAP c NOT TO SCAL£ PROJECT NAME PROJECT EXHIBIT C ALGA NORTE COMMUNITY PARK NUMBER 12... 3837 u c ~ ~t{· CITY. OF ~CARLSBAD Alga Norte Community Park Solar PV Project No. 38372 & 39251 PRICING PROPOSAL CONTENTS 1. PRICING PROPOSAL SUBMITTAL REQUIREMENTS ........................................................................ 3 1.1 Pricing Proposal Submittal Instructions .......................................................................................... 3 1.2 Pricing Proposal Delivery ................................................................................................................ 3 2. PRICING PROPOSAL SUBMITTAL BINDER ....................................................................................... 4 TAB 1 -Cover Letter ................................................................................................................................ 4 TAB 2 -Price Proposal ............................................................................................................................ 4 TAB 3-Allowances ........................................................................................................... 5 TAB 4-Key Personnel, Project Staffing Matrix and Schedule ............................................................... 6 TAB 5 -Design Professional Rate Schedule for Additional Services ..................................................... 6 09/11/13 Page 1 of 5 Pricing Proposal -~ ,...... CITY OF ~CARLSBAD Alga Norte Community Park Solar PV Project No. 38372 & 39251 PRICING PROPOSAL SUBMITTAL CHECKLIST D Submittal in a separate sealed container identifies the: Project Name & Number, Submittal Date, Pricing Proposal Submittal. Submittal is properly addressed and delivered. D Submittal in a 8.5" X 11" Vertically Formatted 3-ring Binder; 1 copy, 1 electronic copy. D TAB 1 -Cover Letter D TAB 2-Pricing Proposal 0 Pricing Proposal Form 0 Proposal Security (Bid Bond or Certified Check) 0 Pricing Proposal Spreadsheet D TAB 3 -Allowances 0 City Provided Allowances -Not Used 0 Design Builder Provided Allowances D TAB 4 -Key Personnel, Project Staffing Matrix and Schedule 09/11/13 Page 2 of 5 Pricing Proposal c ~ ,.__(•: CITY OF ~CARLSBAD Alga Norte Community Park Solar PV Project No. 38372 & 39251 TECHNICAL AND PRICING PROPOSAL SUBMITTAL REQUIREMENTS APPENDIX C Proposers shall submit Technical and Pricing Proposals conforming to the format outline and providing all requested information (refer to the Request for Proposal). FAILURE TO COMPLY WITH THE REQUIRED FORMAT AND/OR PROVIDE THE INFORMATION REQUESTED MAY RESULT IN A NON-RESPONSIVE SUBMITTAL. 1.1 Technical and Pricing Proposal Submittal Instructions One (1) original of the Technical and Pricing Proposal shall be submitted in a sealed envelope. Include one (1) electronic copy (in PDF format). 1.2 Technical and Pricing Proposal Delivery 09/11/13 a. Proposal Delivery Date Refer to the Proposal Schedule for the Pricing Proposal Submittal due date and time. b. Marking and Identification of Submittals Proposer shall clearly mark the outside of each package to identify the: Project Name: ALGA NORTE STRUCTURE MOUNTED SOLAR PV ARRAY Project Number: 38372 & 39251 Marked: "Technical and Pricing Proposal Submittal" Date of Submittal Design Build Entity Identification Number If the Proposals are sent by mail, courier or delivery service, the sealed package shall be marked with the notation "SEALED PROPOSAL ENCLOSED" on the face thereof. c. Designated Location for Receipt of Pricing Proposals Proposer shall assume full responsibility for timely delivery of proposals. Proposals shall be properly addressed to and received at: Contract Administration Kevin Davis City of Carlsbad Office 1635 Faraday Avenue Carlsbad, CA 92008 LATE PROPOSALS: ANY PROPOSAL, MODIFICATION, OR REVISION, THAT IS RECEIVED AT THE DESIGNATED LOCATION AFTER THE EXACT TIME SPECIFIED FOR RECEIPT OF PROPOSALS IS "LATE" AND WILL NOT BE CONSIDERED UNLESS IT IS THE ONLY PROPOSAL RECEIVED. LATE PROPOSALS AND MODIFICATIONS THAT ARE NOT CONSIDERED WILL BE HELD UNOPENED, UNLESS OPENED FOR IDENTIFICATION, AND THEN RETURNED TO THE PROPOSER AFTER AWARD. d. Proposal Delivery Methods (See marking instructions in 1.2b above) 1. Mail 2. Courier (Hand Delivery) 3. Delivery service Page 3 of 5 Pricing Proposal ~ "(( CITY OF ~CARLSBAD Alga Norte Community Park So/arPV Project No. 38372 & 39251 2. TECHNICAL AND PRICING PROPOSAL SUBMITTAL BINDER Pricing Proposals shall be submitted in 8 W' x 11" vertically formatted 3-ring binders and indexed with tabs numbered and labeled in bold type denoting the tab sections as follows: TAB1 COVER LETTER Cover letter shall: 1. Be a maximum of two (2} pages long. 2. TAB2 Include the name of the Proposer's contact person, phone number, email address, and facsimile number. PRICING PROPOSAL Proposer shall submit the Pricing Proposal Form, Proposal (Bid) Security, and Pricing Proposal Spreadsheet as follows: A. Pricing Proposal Form. Submit a complete, signed and dated Pricing Proposal Form as contained within the RFP. The price shall be the proposed price for ALL phases, and aspects, including all Base Price design and construction activities prescribed within the RFP. Proposer shall make no stipulations on the Pricing Proposal Form nor qualify the Price Proposal in any manner. FAILURE TO SUBMIT A COMPLETE AND SIGNED PRICING PROPOSAL FORM SHALL RESULT IN THE PROPOSAL BEING REJECTED AND DEEMED NON-RESPONSIVE. PRICE PROPOSALS NOT SUBMITTED ON THE CITY'S PRICING PROPOSAL FORM SHALL BE REJECTED. B. Proposal (Bid) Security. The Price Proposal shall be accompanied by Proposal (Bid) Security in the amount of 10% of the Pricing Proposal as security for Proposer's obligation to enter into a contract with the City. Proposal security shall be a Bid Bond on the form contained within the RFP, or a certified check made payable to "The City of Carlsbad." The surety issuing the bid bond shall be, on the bid deadline, an admitted surety insurer (as defined in the California Code of Civil Procedure, section 995.120). PROPOSER MUST USE THE BID BOND FORM PROVIDED BY THE CITY. The Bid Bond form may not be retyped, reformatted, transcribed onto another form, or altered in any manner except for the purpose of completing the form. WHEN A BID BOND IS USED FOR PROPOSAL SECURITY, FAILURE TO USE THE CITY'S BID BOND FORM WILL RESULT IN THE REJECTION OF THE PROPOSAL. C. Pricing Proposal Spreadsheet. Submit a completed Pricing Proposal Spreadsheet as contained within the RFP. Complete all applicable line items; combining line items is not permitted. FAILURE TO PROVIDE SUFFICIENT DETAIL ON THE SPREADSHEET MAY RESULT IN THE PROPOSAL SUBMITTAL BEING REJECTED AS NON-RESPONSIVE. D. Financial Analysis Spreadsheet. Submit a completed Financial Analysis Spreadsheet as contained !"""' within the RFP. Provide initial cost for the solar array system and all maintenance and replacement '--' costs over a 30 year period. 09/11/13 Page 4 of 5 Pricing Proposal c ~ "(•: CITY OF ,~CARLSBAD ~ .. :, L • 0 ;.{ ~., A TAB3 ALLOWANCES Alga Norte Community Park Solar PV Project No. 38372 & 39251 Proposer shall include all allowances they may have included in their Pricing ProposaL These allowances shall be included in the Total Contract Price. A. City Provided Allowances: NONE B. Design Builder Allowances Provide a list of all Design Builder Allowances, if any. TAB4 TECHNICAL PROPOSAL Provide all required information described in the RFP. Proposer shall provide resumes of the key team members. Resumes shall demonstrate qualifications to work on this project and clearly define the proposed duties of each key person, their current position/title, proposed position/title, education, professional licensing, and work experience over the last ten (1 0) years. Each resume 'shall also indicate whether or not each key person has worked as part of the proposed team on similar projects, and which people have experience applying for and receiving incentives through the California Solar Initiative (CSI) program. Provide a design of the car canopy and solar array that represents the form, function and finishes of this completed project. This design must include the extent of the car canopy and solar array's footprint. Provide an estimate of PV system performance using the EPBB calculator created for the CSI program, Provide a completed City of Carlsbad Solar PV Financial Analysis spreadsheet (Exhibit B). Provide Warranty and Performance Guarantee documentation, Provide a detailed description of the Commissioning Activities for the start-up of the solar array. 09/11/13 Page 5 of 5 Pricing Proposal ~ d~2/ CITY OF ""' ..... , ~CARLSBAD Alga Norte Community Park Solar Photo-voltaic RFP Exhibit "A" Design Intent Documents / () ~ •• CITY Of Alga Norte Community Park Solar PV Design Int ent Project No. 38372 & 39251 ~CARLSBAD Design Objectives The city of Carlsbad intends to construct a solar photovoltaic (PV) system at Alga Norte Community Park. The PV system will consist of six large arrays that provide both renewable energy generation and shading for the facility's parking area, as illustrate in Figure 1. An additional shade structure will be constructed for the disability parking located directly in front of the main building. This add itional ADA shade structure will not have solar panels. Proposed Solar PV Proposed Solar PV . - Figure 1. Parking lot medians and potential shade structure locat ions. There are a total of six concrete medians in the parking lot where solar array shade structures will be installed. The proposed solar PV shade structures will run t he entire Page 1 of 5 -~ ., {' C I TV Of ,_ ~ CARLSBAD Alga Norte Community Park Solar PV Design Intent Project No. 38372 & 39251 length of each median, and, as illustrated in Figure 2, each structure will extend beyond the parking spaces with a width of approximately 50 ft. Five of the six solar arrays will be the same size, but the final median at the south end of the parking lot is configured differently and the array will be reduced in size so the rounded median end caps remain uncovered for future plants. Approx. Z' _t_ L Solar Shade Structure Median ----------- --------,.-I I IT ) '-- j L---------------------1 ----------Approx,180'---------~ Structure Type A (Tot. 5) I Approx.. 50' ApproJC.2' ....,L_ ~ Solar Shade Structure Median r------------ I r I ~ I I I I I I I l __/ I _______________ J f+------,Approx.1Z6'---------1 Structure Type 8 (Tot. 1.) Figure 2. Solar shade structure layouts Using the proposed dimensions, the total area available for solar panels is approximately 51,000 sq. ft. Shading for the ADA parking spaces will be provided by a separate structure approximately 102 feet long and 20 feet wide. Due to excessive shading from the nearby building, PV panels will not be installed on the ADA canopy. The ADA shade structure is included in the project scope of work. The six solar PV shade canopies and ADA shade canopy will have DLC or ENERGY STAR qualified LED lighting mounted under the structure to provide illumination during nighttime hours. The City recommends CREE CPY 250 series at 5100 K (or equivalent). A minimum Page 2 of 5 ~ "' ~ CITY OF ~CARLSBAD Alga Norte Community Park Solar PV Design Intent Project No. 38372 & 39251 lighting level of 0.5 fc and an average lighting level of 1.0 fc for the parking area are required. The PV shade structures will be constructed with a high level of quality and with concealed structural connection bolts. The paint finish will also be high quality. The level of construction expected by the City of Carlsbad is illustrated in Figure 3. Figure 3. Solar shade structure example Additional project objectives that must be satisfied include: • The proposed PV system design must maximize the project's financial cost effectiveness • The proposed PV system must be designed to maximize the annual electric energy (kWh) output • The proposed PV system operation, performance and benefits need to be reported • The shade structures must be aesthetically pleasing • The proposed system must be highly reliable and not impact daily operational and maintenance activities Page 3 of 5 c -~ ,,(, CITY Of ,~CARLSBAD Alga Norte Community Park Solar PV Design Intent Project No. 38372 & 39251 I_,/', " Performance Guidelines The following describes the project's performance metrics. • Cost Effectiveness o Financial metrics must be evaluated using the life cycle cost spreadsheet provided by the City of Carlsbad. • Electric Production o PV system electric output forecast must be made using the CSIIncentive Calculator (http://www.csi-epbb.com) with the PV module, inverter, azimuth and tilt of the proposed system. No adjustments to EPBB results are allowed. • Performance Reporting o Integrate the solar PV system with the City's SCADA system to allow for real time monitoring. • Aesthetics o Provide quality materials, construction and finishes. • Reliability o The project must be eligible for incentive payments from the CSI program. The contractor will be responsible for applying for and securing incentives through the CSI program, and receiving interconnection authorization from SDG&E to operate in parallel with the electric grid. Performance Data Providers (PDP) must be on the CSI approved vendor list. Equipment performance and warranties should meet or exceed the requirements of the CSI program as outlined in their April 2013 program handbook. CSI requirements include, but are not limited to- • Solar panels, inverters, and performance meters must comply with Senate Bill1 guidelines and be on the CSI approved equipment list (www.gosolarcalifornia.ca.gov/equipment). • All solar energy equipment for electricity generation (PV modules, inverters, etc.) shall have a minimum 10-year manufacturer performance warranty to protect against degradation of electrical Page4 of 5 ~ ,( >!' C I TV 0 F ·~CARLSBAD c Alga Norte Community Park Solar PV Design Intent Project No. 38372 & 39251 generation output of more than 15% from their originally rated electrical output. • All contractors shall provide a minimum 10-year warranty to provide for no-cost repair and replacement of the system for any expenses not otherwise covered by the manufacturer. All contractors shall also provide a minimum 10-year warranty to protect the purchaser against more than a 15% degradation of electrical output that may occur as a result of faulty installation. • Meters must have a one-year warranty to ensure against defective workmanship, system or component breakdown, or degradation in electrical output of more than 15% from their originally rated electrical output during the warranty period. For meters that are integrated to the inverter, the meter warranty period must be 10 years. • The project must receive authorization from SDG&E to operate in parallel with the electric grid. AESC, Inc. Ronald K. Ishii, P.E. Page 5 of 5 () () ~ "' "' -~-~y.J-.LWJ,W..Ll.IX.W..LW.LI.!.L--~:.... • ..., ~ !)-----EXISTING SOG&:E PRIMARY 6/ j' --------..J.L..-.1.. ..J. lfill.-~;:...~.J.J.JI-W~ MATCHLINE SEE SHEET E201 0) ~~~~~~CAL SITE PLAN NORTH ~ I II II \ ~ PULL BOX I NEW SDG&E SWffCHBOAAD CABINET __ \... ___________ _ SHEET KEY NOTES [1) b'5NN~~~';iN c;-g~~E~rir~E BACKBOARD FOR TELEPHONE [Ij ~~~ ~: gg~g~~~~~~NG CONTROL i (3) 3~ CONDUITS-TELE/OATA (1) 1" CONDUIT-FIRE AUIRM (3) 2" CONOUITS-SPARES (2) 2" CONDUITS-COMMUNICATION @] m ;: gg~g~~~~~~:~UNICATION (1) 1" OONDUIT-LIGHTit-ae; CONTROL i m ~6::r~u:EL~:ST~~CE:~~;,t r6L~~H 1 ~~~~X~~~~ ~I~I;:TH GRAOE WITH A 24" BASE IN FOOTING. CONCRcrt TO MATCH SURROUNDING CONCRETE. [I] PROVIDE 11 "XI 7" UTILITY PULL BOX FOR FUTURE PV SYSTEM (!} (2W SPARE CONDUITS I"OR FUTURE PV. r:?l (12}3" SPARE CONDUITS, STUB AND CAP INTO ELECTRIC ROOU FOR L:.J FUTURE PV SYSTEM GENERAL NOTES 1, REfERENCE ELECTRICAL DETAIL SHEETS fOR LIGHTING POL£ BASE DETAIL 2 CO-ORDINATE WITH LANDSCAPE AND ARCHITECTURAL DRAWINGS PRIOR TO ROUGH-IN FOR PROPER FIXTURE/ OC\'ICE LOCATIONS ANO CONDUIT ROUTING 3. ~,jiNit,jUt,t CONDUCTOR SIZE FOR sm: UGKTING AND POWER IS 110 AWG FOR ENTIRE LENGTH OF BRANCH CIRCUIT. 4. REFENCE SHEETS E100 & £101 FOR SIZING OF BIJTLDING rt:tOERS. ~&....L. r i ., "" 8CAL.!: 1' .. o40' ~·40) tB.PENICK BSONS.INC. ~EEL EN CONSULTING 111!11~1111-!IJNMTIOUI'II)I $ANOIEG0.0..92106 'mNI,I:l.£NC(*OOlTM.COiol 002-002 e 08/14/12 ,~~~R _~:~_c~~~ El . @] I I I I 1 I 1 I MAIN SWITCHBOARD MSB 1$1Jj1lijl .. , ' OF ' .. , ' 'f -~ UGPS 1 I I ___ j L_l _______________________________________ J dJ QJ __ AO~!J:...§_ ~ #4-/0 CU. GROUND TO BLDG. STEEL, UFER. COLD WATER PIPE, GROUND RING OlS_Tf\IEI!,JTJt;lN f!QAfiP. .. I -~ ;uGPS ,MAIN " 41!J01/277V ~ 4W 120011 65k.IIIC """'j-""'~j~ ll!OAF lOON -f51W lP ,.. ,.. ·~ SHEET KEY NOTES OJ ~~~Uj~f~~~s::HEOUL( SHEET El 01 FOR RAC[WAY AND CONDUCTOR (I] ~~~~1Y:Ro:~OEO INTEGRAL TRANSIENT VOLTACE SURGE [Ij ~~~~R~lR ;·~j SPARE TO Bl.IILDING SERVICE PAD MOUNTED II] PRCWIDE -sERVICE RATED PAN£L". DO NOT BOND NELITRAL @_] PRO'v'IDE TRfo.NSFORMER PAD AND GROUNDING PER SDG&E STANDMOS., SCADA SYTEM NOTES (!] E-t.40N BRAND Et.ERCY t.IONITIRING METERS CLASS 2000, ~ E-MON BRAND WE6/MON WEB-ENABLED ENERGY MONITOR WITH 1/06 : L.:...l MODULE AND Pit.! MODULE. ' tB.PENICK 860NS.INC. liJ rcJF?.!~~~~ ~ ICI=.~~~~~~ e 08/1~/12 EIOO () 0) MECHANICAL SCHEDULE ~ ~EEL EN ~~!~~~~ IilAH OIEOO. CA. 92108 WHW~atl-l1HG.CW 002-002 9 OS/H/12 0 oil! 0 " -oo_l~o~:o <{ •• I~ i: ~ ~~ ~~~~~~--,,,,,,,~--~-- ..---_...,., ..... ;:':'!';::!!';::;::n:n:;:::;;~:llP.~:O: '· ~na<: §~I ~H~~ ~~~~~el -i• ~~~~~~J ! g :;.,g~o :! ~ .. ' t! ~o~!!lo! ~ 'I ~ 'I ~ ~ . ' z' N "!" :z'; ... tl ~ "o.!lo ~-o!'l'loii ~ ~·! B hi.! ~ • ~ ~ < f • ~wa~ • H~'ii" • ~~~ ~~~~~~ h~ mh~ ~ ~; ·~; g~~ ~i~ • 1 m1 ~ ~~~~ ~~ml 5 ~~a; ·~ 'I ~ .. ; P•~• h~ o oii; ~. § •oo ~~;~ u ~~~~ rn "a 3 ~lit ~ •a 3~5~ Ul~i·.: ~d~~ 2 L c ~~~;ooo\!i ':~ ~ ! ~ • 0 0 0 E i--~--~--~--'''''''""' .. .,. .,.,g ~:! :f!! 2t <UI !Hist~~~i~ ' : ! 0 0 0 0 0 ' ~ 0 0 0 0 ~~~~~~ '1-1--', '----', '--:-'! '----'0 '-o--'--o--"-o-"--1+-li :;;; ~--~--~ --, '' "'''' ,, '' _,.,,, ...... ;:':'!'':~l'i::I:Q(:;.I!ll';::l~»lll"• ' 1 "'<; -., <> !! 0 0 "' = ~ 1:1 !~.000··· ;10;., lsi Uii 1+-"~~!~'~'----"o-"o----""-H-i!lml f-L!':'---'''---':'---'s'-'.'--'0'--'0-++-1 ~ .. 2 2 2 c GEOTECHNICAL EVALUATION ALGA NORTE COMMUNITY PARK CARLSBAD, CALIFORNIA PREPARED FOR: Mr. Brad Hilliker Wimmer Yamada and Caughey 3067 Fifth Avenue San Diego, California 92103 PREPARED BY: Ninyo & Moore Geotechnical and Environmental Sciences Consultants 5710 Ruffin Road San Diego, California 92123 June 14, 2006 Project No. 104600002 5710 Ruffin Road • san Diego. California 92123 • Phone {858J 576-1000 • Fax 1858J 576-9600 san Diego • INine • Ontario • Lm Angeles • Oakland • Las Vegas • Carson City • Phoenix c Mr. Brad Hilliker Wimmer Yamada and Caughey 3067 Fifth Avenue San Diego, California 92103 Subject: Geotechnical Evaluation Alga Norte Community Park Carlsbad, California Dear Mr. Hilliker: June 14, 2006 Project No. 104600002 In accordance with your authorization, we have perfonned a geotechnical evaluation for the pro- posed Alga Norte Community Park in Carlsbad, California. This report presents our geotechnical findings, conclusions, and recommendations regarding the proposed project. Our report was pre- pared in accordance with our proposal dated May 12, 2006. We appreciate the opportunity to be of service on this project. Respectfully submitted, NINYO & MOORE Francis 0. Moreland, C.E.G Senior Project Geologist TQIRI/FOMIEO/ag Distribution: (6) Addressee Erik Olsen, GE. Chief Geotechnical Engineer 5710 Ruffin Road • san Diego, California 92123 • Phone {858) 576-1000 • Fax (858) 576-9600 san Diego • Irvine • Ontario • Los Angeles • Oakland • Las Vegas • Carson City • Phoenix Alga Norte Community Park Carlsbad, California TABLE OF CONTENTS June 14, 2006 Project No. 104600002 Page 1. INTRODUCTION .................................................................................................................... ! 2. SCOPE OF SERVICES ............................................................................................................ 1 3. PROJECT DESCRIPTION ...................................................... : ................................................ ! 4. SITE DESCRIPTION ............................................................................................................... 2 5. FIELD EXPLORATION AND LABORATORY TESTING ................................................... 2 5.1. Exploratory Test Pits .................................................................................................... 2 5.2. Exploratory Borings ...................................................................................................... 3 5.3. LaboratoryTesting ........................................................................................................ 3 6. GEOLOGY AND SUB SURF ACE CONDITIONS ................................................................ .3 6.1. Regional Geologic Setting ........................................................................................... .3 6.2. Site Geology .................................................................................................................. 4 6.2.1. Fill ....................................................................................................................... 4 6.2.2. Alluvium ............................................................................................................. 5 6.2.3. Santiago Formation ............................................................................................. 5 6.3. Rippability .................................................................................................................... 6 6.4. Groundwater ................................................................................................................. 6 6.5. Faulting and Seismicity ................................................................................................ 6 6.5.1. Strong Ground Motion and Ground Surface Rupture ................ , ........................ 6 6.5.2. Liquefaction and Seismically Induced Settlement .............................................. 7 6.5.3. Tsunamis ............................................................................................................. 7 6.6. Landsliding ................................................................................................................... 7 7. CONCLUSIONS ...................................................................................................................... 8 8. RECOMMENDATIONS .......................................................................................................... 8 8.1. Earthwork .................................................................... ; ................................................ 8 8.1.1. Site Preparation ................................................................................................... 9 8.1.2. Trea.ttnent of Alluvium ........................................................................................ 9 8.1.3. Treatment ofExpansive Soils ............................................................................. 9 8.1.4. Treatment ofCut/Fill Transitions Beneath Structures ...................................... 10 8.1.5. Excavation Characteristics ................................................................................ 1 0 8.1.6. Materials forFi11 ............................................................................................... 10 8.1.7. Compacted Fill .................................................................................................. l1 8.1.8. Slopes ................................................................................................................ l2 8.1.9. Temporary Slope Stability ................................................................................. 12 8.1.10. Trench Backfill .................................................................................................. 13 8.1.11. Drainage ............................................................................................................ 13 8.2. CBC Seismic Design Parameters ................................................................................ 14 8.3. Foundations ................................................................................................................. 14 104600002 R Al&a Norte Park c Alga Norte Community Park Carlsbad, California June 14, 2006 Project No. 104600002 8.3.1. Shallow Foundations ......................................................................................... IS 8.3.2. Shallow Foundation Lateral Resistance ............................................................ 15 8.3.3. Static Settlement ............................................................................................... 16 8.4. Retaining Walls .......................................................................................................... 16 8.5. Slabs-on-Grade ........................................................................................................... 16 8.6. Concrete Flatwork ........................... : ........................................................................... 17 8.7. Pavements .................................................................................................................... 17 8.8. Corrosion .................................................................................................................... 18 8.9. Concrete ...................................................................................................................... 19 8.10. Pre-Construction Meeting ........................................................................................... 20 8.11. Plan Review and Construction Observation ............................................................... 20 9. LIMITATIONS ....................................................................................................................... 21 10. SELECTED REFERENCES .................................................................................................. 23 Tables Table 1 -Seismic Design Parameters ............................................................................................ 14 Table 2 ..:. Recommended Pavement Sections ................................................................................ 18 Figures Figure 1 -Site Location Map Figure 2 -Geotechnical Map Figure 3-Fault Location Map Figure 4-Retaining Wall Drainage Detail Appendices Appendix A-Test Pit Logs Appendix B -Boring Logs of Previous Investigation Appendix C -Laboratory Testing Appendix D -Laboratory Testing of Previous Investigation Appendix E-Typical Earthwork Guidelines 104600002 R AJ&a None Park ii l(in!J11"/(l8G't8 c Alga Norte Community Park Carlsbad, California 1. INTRODUCTION June 14, 2006 Project No. 104600002 In accordance with your request and our proposal dated May 12, 2006, we have performed a geotech- nical evaluation for the design of the proposed Alga Norte Community Park in Carlsbad, California. We previously performed a .Qreliminary geotechnical evaluation for the site and the results were pre- sented in our report dated September 9, 2002. Boring logs and laboratory test results from our previous report are included in this report for reference. 'This report presents the results of our field exploration and laboratory testing, our conclusions regarding the geotechnical conditions at the subject site, and our recommendations for the design and earthwork construction of this project. 2. SCOPE OF SERVICES The scope of services for this study included the following: • Reviewing background data listed in the Selected References section of this report. The data reviewed included geotechnical reports, topographic maps, geologic data, stereoscopic aerial photographs, fault maps, and a provided plan set for the project. • Performing a geologic reconnaissance to observe site conditions and to locate and mark pro- posed exploratory excavations. • Coordinating and mobilizing for the subsurface exploration. Underground Service Alert (USA) was notified to mark underground utilities at the proposed excavation locations. • Subsurface exploration consisting of 15 exploratory test pits. • Performing geotechnical laboratory testing on selected samples. • Preparing this report presenting our fmdings, conclusions, and recommendations regarding the geotechnical design and construction aspects of the project. 3. PROJECT DESCRIPTION Based on the provided plans for Alga Norte Community Park, it is our understanding that the proposed park will be located on a 33-acre site northwest of the intersection of the future align- ments of Poinsettia Lane and Alicante Road. Currently planned improvements for the park include an aquatic center with an Olympic-size pool, training pool, and several associated build- 104600002 R Alca None Puk c Alga Norte Community Park Carlsbad, California June 14, 2006 Project No. 104600002 ings, moving river pool, skate park, several restrooms, a restroom/concession building, a mainte- nance building, ball and playing fields, and paved parking. One or more retaining walls are also currently planned. We anticipate that cuts and fills will be on the order of 25 feet or less. 4. SITE DESCRIPTION The 33-acre subject site is currently undeveloped; however a large stockpile of import material is located on the southern portion of the site. The site occupies the bottom of a north-south trending valley and was previously used for agricultural purposes. Moderately sloping hillsides are present on the east and west sides· of the property. Site elevations range from approximately 105 feet above Mean Sea Level (MSL) at the southeastern corner of the site to approximately 175 feet MSL along the western side of the site. Vegetation at the site currently consists of grass, brush, and weeds. 5. FIELD EXPLORATION AND LABORATORY TESTING Our field exploration of the subject site included a geologic reconnaissance and subsurface explora- tion conducted on May 22 and 23, 2006. The subsurface evaluation consisted of excavating 15 exploratory test pits. The test pit locations were selected based on the results of our background geotechnical review and field reconnaissance. Prior to commencing the subsurface exploration, Un- derground Service Alert was notified for mark-out of the existing utilities. 5.1. Exploratory Test Pits Fifteen exploratory test pits were excavated at the site on May 22 and May 23, 2006 at the approximate locations indicated on Figure 2. The test pits were excavated with a four-wheel- drive backhoe. Test pit depths ranged from 6.5 to 20 feet below the existing ground surface. Detailed logs of the test pits are presented in Appendix A. 10460000211. AJsa None Park 2 c Alga Norte Community Park Carlsbad, California 5.2. Exploratory Borings June 14, 2006 Project No. 104600002 Fifteen exploratory borings were excavated at the site as part of our previous preliminary geotechnical evaluation, on August 5 and 6, 2002 at the approximate locations indicated on Figure 2. The borings were drilled with an all-terrain vehicle mounted, continuous flight hol- low-stem auger drill. Boring depths ranged from 11.5 to 51.3 feet below the ground surface. Detailed logs of the borings are presented for reference in Appendix B. 5.3. Laboratory Testing Samples were obtained during our subsurface evaluation for laboratory analysis. Testing of the current investigations included in-situ dry density and moisture content, grain size analyses, Atterberg limits, shear strength, expansion index, maximum dry density and optimum mois- ture content, corrosivity, and R-value. The results of the in-situ moisture content and dry density tests are shown on the test pit logs presented in Appendix A. Other laboratory test re- sults are presented in Appendix C. Results of laboratory tests performed in our previous investigation are included in Appendix D for reference. 6. GEOLOGY AND SUBSURFACE CONDITIONS Our findings regarding regional and local geology, including faulting and seismicity, landslides, rippability (excavatibility), and groundwater conditions at the subject site are provided in the fol- lowing sections. 6.1. Regional Geologic Setting The project area is situated in the western San Diego County section of the Peninsular Ranges Geomorphic Province. This geomorphic province encompasses an area that extends approximately 900 miles from the Transverse Ranges and the Los Angeles Basin south to the southern tip of Baja California (Norris and Webb, 1990). The province varies in width from approximately 30 to 100 miles. In general, the province consists of rugged mountains under- lain by Jurassic metavolcanic and metasedimentary rocks, and Cretaceous igneous rocks of 104600002 R Alga Norte Park 3 c Alga Norte Community Park Carlsbad, California June 14, 2006 Project No. 104600002 the southern California batholith. The portion of the province in San Diego County that in- cludes the project area consists generally of uplifted Tertiary age Santiago Formation and recent alluvium. The Peninsular Ranges Province is traversed by a group of sub-parallel faults and fault zones trending roughly northwest. Several of these faults, which are shown on Figure 3, Fault Lo- cation Map, are considered active faults. The Elsinore, San Jacinto and San Andreas faults are active fault systems located northeast of the project area and the Rose Canyon, Agua Blanca- Coronado Bank, and San Clemente faults are active faults located west of the project area. The Rose Canyon Fault Zone has been mapped approximately 7 miles southwest of the pro- ject site, which is the closest known active fault relative to the site. Major tectonic activity associated with these and other faults within this regional tectonic framework consists primar- ily of right-lateral, strike-slip movement. Further discussion of faulting relative to the site is provided in the Faulting and Seismicity section of this report. 6.2. Site Geology Geologic units encountered during our field reconnaissance and subsurface evaluation in- cluded fill, alluvium and materials of the Santiago Formation. Generalized descriptions of the earth units encountered during our field reconnaissance and subsurface exploration are provided in the subsequent sections. More detailed descriptions are provided on the boring and test pit logs in Appendices A and B. 6.2.1. Fill Fill soils were encountered during our reconnaissance in the large stockpile on the southern portion of the site and at various other locations on the site. These soils were generally associated with unimproved road construction on site and stockpiled imported soils generated during grading of the adjacent residential development. The types of soils in the stockpile can vary considerably and construction debris or vegetation may be present within the stockpile. Materials observed on the surface of the stockpile generally 104600002 R Alp None P.-k 4 l(/n!JD&:/(t8W8 c Alga Norte Community Park Carlsbad, California June 14, 2006 Project No. 104600002 appeared adequate for reuse as structural fill. A significant amount of fill is also located . near the central portion of the southern boundary of the site. This fill is associated with the construction of a small reservoir (pond) and may be up to 10 feet deep. In general, we anticipate that these soils are derived from, and similar to the underlying alluvial soils. The fill soils in the stockpile and those associated with the reservoir are consid- ered undocumented, and not suitable for structural support. Another significant amount of fill is located at the northern end of the site and was placed during grading for the ad- jacent residential development. We assume that documentation for this fill can be provided. In general, the fill soils consist of dark yellowish and grayish brown to brown, damp, stiff to hard, silty to sandy clay, and loose to medium dense, clayey fine sand and silty fine sand. 6.2.2. Alluvium Alluvium was observed over the majority of the site and encountered in our exploratory borings and test pits from the surface to depths of more than 26.5 feet. In general, the al- luvium consisted of dark yellowish and grayish brown to brown, damp to wet, stiff to hard, silty to sandy clay, and loose to dense, clayey fine sand and silty fine sand. 6.2.3. Santiago Formation The Santiago Formation is present in the hillside on the western side of the site, and un- derlying the alluvium at the site. The Santiago Formation was encountered in borings B- 2, B-5, B-6, B-8, B-11, B-12, B-13, and B-15 from a depth of 5 feet to the total depth explored of 51.3 feet, and in test pits TP2, TP-3, TP-5, TP-6, TP-7, TP-10, TP-11, and TP-15 from a depth of 1 foot to the total depth explored of20 feet. In general, the Santi- ago Formation materials consist of yellowish brown, damp to moist, weakly cemented silty sandstone and light gray to brown, damp to moist, moderately to strongly indurated clayey siltstone and strongly indurated claystone. 1046Clll00l R Alp None Park 5 c Alga Norte Community Park Carlsbad, California 6.3. RippabiJity June 14, 2006 Project No. 104600002 Based on our subsurface exploration of the site, the on-site materials are expected to be rip- pable with normal heavy-duty earthmoving equipment. 6.4. Groundwater Groundwater was encountered in exploratory borings B-11 and B-14, at depths of 17 and 18 feet, respectively, and in test pit TP-12 at a depth of 14 feet below the ground surface. Fluc- tuations in the groundwater level may occur due to variations in ground surface topography, subsurface geologic conditions and structure, rainfall, irrigation, and other factors. 6.5. Faulting and Seismicity The project area is considered to be seismically active. Based on our review of the refer- enced geologic maps and stereoscopic aerial photographs, as well as on our geologic field reconnaissance, the subject site is not underlain by known active or potentially active faults (i.e., faults that exhibit evidence of ground displacement in the last 11,000 years and 2,000,000 years, respectively). In general, hazards associated with seismic activity include: strong ground motion, ground surface rupture, liquefaction, seismically induced settlement, and tsunamis. These hazards are discussed in the following sections. 6.5.1. Strong Ground Motion and Ground Surface Rupture Based on a Probabilistic Seismic Hazard Assessment for California, issued by the United States Geological Survey/California Geological Survey (2003), the project is lo- cated in a zone where the horizontal peak ground acceleration having a I 0 percent probability of exceedance in 50 years is 0.32g (32 percent of the acceleration of gravity). The requirements of the governing jurisdictions and applicable building codes should be considered in the project design. 104600002 R Alp Norte Park 6 Alga Norte Community Park Carlsbad, California June 14, 2006 Project No. 104600002 The active Rose Canyon Fault is located approximately 6.6 miles southwest of the site. The Rose Canyon Fault is capable of generating an earthquake magnitude of 7.2 (United States Geological Survey/California Geological Survey, 2003). Based on our review of the referenced literature and our site reconnaissance, no active faults are known to cross the project site. Therefore, the potential for ground rupture due to faulting at the site is considered low. However, lurching or cracking of the ground surface as a result of nearby seismic events is possible. 6.5.2. Liquefaction and Seismically Induced Settlement Liquefaction of cohesionless soils can be caused by strong vibratory motion due to earthquakes. Research and historical data indicate that loose granular soils and non- plastic silts that are saturated by a relatively shallow groundwater table are susceptible to liquefaction. Some loose granular alluvium was encountered within the upper 12 feet at the site. Recommendations are provided herein to remove and recompact the upper 12 feet of alluvium in structural areas. After these materials are mitigated, it is our opinion that the potential for liquefaction and seismically induced settlement in structural areas at the subject site will be low. 6.5.3. Tsunamis Tsunamis are long wavelength seismic sea waves (long compared to the ocean depth) generated by sudden movements of the ocean bottom during submarine earthquakes, landslides, or volcanic activity. Based on the inland location of the site, the potential for damage due to tsunami is not a design consideration. 6.6. Landsliding Based on our review of published geologic literature and aerial photographs, and our geo- logic reconnaissance, no landslides or related features are known to underlie the subject site. 104600002 R Alga Norte Park 7 c Alga Norte Community Park Carlsbad, California 7. CONCLUSIONS June 14, 2006 Project No. 104600002 Based on our review of the referenced background data, geologic field reconnaissance, subsur- face evaluation, and laboratory testing, it is our opinion that construction of the proposed project is feasible from a geotechnical standpoint. Based on our review of published geologic maps and our field evaluation, the project site is not underlain by faults or landslides. Geotechnical consid- erations include the following: • Loose alluvium is present on the site. These soils are not suitable for structural support in their present condition unless compacted to the specified criteria Recommendations are pre- sented herein for remedial grading of this material. • Some of the alluvium and materials of the Santiago Formation on site may possess a me- dium to high expansion potential. Recommendations are presented herein to reduce possible damage to structures resulting from swelling and shrinkage ofthese materials. • Based on the provided preliminary conceptual plan for the subject park, some of the struc- tures may be underlain by a cut/fill transition and subject to differential settlement. Recommendations are provided herein to mitigate the potential for differential settlement across cut/fill transitions. • Some on-site materials, including fill and alluvium, may not be suitable for use as structural fill. If encountered, these materials should be removed from the site. 8. RECOMMENDATIONS Based on our understanding of the project, the following preliminary recommendations are pro- vided for the design and construction of the proposed project. 8.1. Earthwork In general, earthwork should be performed in accordance with the recommendations pre- sented in this report. Ninyo & Moore should be contacted for questions regarding the recommendations or guidelines presented herein. In addition, Typical Earthwork Guidelines for the project are included as Appendix E. In the event of a conflict in recommendations, "the rec- ommendations presented in the text of this report supersede those in Appendix E. 104600002 II. Alp Norte Park 8 c Alga Norte Community Park Carlsbad, California 8.1.1. Site Preparation June 14, 2006 Project No. 104600002 The project site should be cleared and grubbed prior to grading. Clearing and grubbing should consist of the removal of vegetation and other deleterious materials, such as trash and debris, from the areas to be graded. _Clearing and grubbing should extend to the outside of the proposed excavation and fill areas. The debris generated during clearing and grubbing should be removed from areas to be graded and disposed of off site at a legal dumpsite. 8.1.2. Treatment of Alluvium We recommend that alluvium in structural areas be removed to a depth of 12 feet, or within 5 feet of groundwater, and replaced with compacted fill. The base of the removal excavation should extend 5 feet plus the depth of the removal beyond the structural ar- eas. The extent of, and depths to which the alluvium should be removed, should be evaluated by Ninyo & Moore's representative in the field based on the materials ex- posed. Any unsuitable materials such as organic matter or oversized material should be selectively removed and disposed of off site. We understand that up to 25 feet of fill may be placed over portions of the site. In struc- tural areas, where alluvium is removed and replaced with compacted fill, the estimated settlements may be approximately 1 inch. In non-structural areas, where remedial work is not performed, the estimated settlements may be up to approximately 5 inches. 8.1.3. Treatment of Expansive Soils To reduce the potential for differential movement of foundations due to expansive soils, we recommend that soils with low to very low expansion (Expansion Index less than 50) be placed in structural areas on the site to a depth of 3 feet below the bottom of foundations or pool shells, or 5 feet below finish grade, whichever is deeper. The low expansive material should extend beyond the structural footprint a distance of 8 feet. fu areas with flatwork or pavements, we recommend that soils to a depth of 3 feet below finish grade consist of materials with a low to very low expansion potential. 104600002 II. Alga None Park 9 c Alga Norte Community Park Carlsbad, California June 14, 2006 Project No. 104600002 8.1.4. Treatment of CntJFill Transitions Beneath Structures In order to mitigate the potential for differential settlement, we recommend that where a cut/fill transition line extends beneath a proposed building location, the cut portion of the pad should be undercut an amount one-third or more of the deepest fill depth be- neath the structure, or 3 feet, whichever is greater, and replaced with compacted fill. The undercut should be extended outward from the building footprint a distance of 5 feet plus the depth of undercut. 8.1.5. Excavation Characteristics The results of our field exploration program indicate that the project site, as presently pro- posed, is underlain by alluvium and materials of the Santiago Formation. The on-site materials should generally be excavatable by heavy-duty earthmoving equipment in good working condition. 8.1.6. Materials for Fill On-site soils with an organic content of less than 3 percent by volume (or I percent by weight) are suitable for use as fill. Fill material should not contain rocks or lumps over 6 inches in largest dimension, and not more than 40 percent larger than 3/4 inch. Utility trench backfill material should not contain rocks or lumps over 3 inches in largest dimen- sion. Larger chunks, if generated during excavation, may be broken into acceptably sized pieces or disposed of off site. Imported fill material should be a low or very low expansion potential (UBC Expansion Index of 50 or less) granular soil with a plasticity index of 12 or less. Import material should also have low corrosion potential (chloride content less than 500 parts per million [ppm], sqluble sulfate content of less than 0.1 percent, and pH of 5.5 or more). Materials for use as fill should be evaluated by the Ninyo & Moore repre- sentative prior to filling or importing. I 04600002 R Alga Norte Pad. 10 c Alga Norte Community Park Carlsbad, California 8.1.7. Compacted Fill June 14, 2006 Project No. I 04600002 Prior to placement of compacted fill, the contractor should request an evaluation of the exposed ground surface by Ninyo & Moore. Unless otheiWise recommended, the ex- posed ground surface should then be scarified to a depth of approximately 8 inches and watered or dried, as needed, to achieve generally consistent moisture contents at or near the optimum moisture content The scarified materials should then be compacted to 90 percent relative compaction in accordance with American Society for Testing and Materials (ASTM) Test Method D1557. The evaluation of compaction by Ninyo & Moore should not be considered to preclude any requirements for observation or ap- proval by governing agencies. It is the contractor's responsibility to notify Ninyo & Moore and the appropriate governing agency when project areas are ready for observa- tion, and to provide reasonable time for that review. Fill materials should be moisture conditioned to near optimum moisture content prior to placement The optimum moisture content will vary with material type and other factors. Moisture conditioning of fill soils should be generally consistent within the soil mass. Prior to placement of additional compacted fill material following a delay in the grading operations, the exposed surface of previously compacted fill should be prepared to receive fi11. Preparation may include scarification, moisture conditioning, and recompaction. Compacted fill should be placed in horizontal Jifts of approximately 8 inches in loose thickness. Prior to compaction, each lift should be watered or dried as needed to achieve near optimum moisture condition, mixed, and then compacted by mechanical methods, using sheepsfoot rollers, multiple-wheel pneumatic-tired rollers, or other appropriate compacting rollers, to a relative compaction of 90 percent as evaluated by ASTM Dl557. Successive lifts should be treated in a like manner until the desired finished grades are achieved. 10460000l R. Alga Nom P.-k II Alga Norte Community Park Carlsbad, California 8.1.8. Slopes June 14, 2006 Project No. 1 04600002 Unless otherwise recommended by Ninyo & Moore and approved by the regulating agencies, permanent cut and fill slopes should not be steeper than 2: I (horizon- tal:vertical). Compaction of the face of fill slopes should be performed by backrolling at intervals of 4 feet or less in vertical slope height, or as dictated by the capability of the available equipment, whichever is less. Fill slopes should be backrolled utilizing a conventional sheepsfoot-type roller. Care should be taken to maintain the desired moisture conditions and/or reestablish them, as needed, prior to backrolling. The placement, moisture condi- tioning, and compaction of fill slope materials should be done in accordance with the recommendations presented in the Compacted Fill section. Site runoff should not be permitted to flow over the tops of slopes. Positive drainage should be established away from the top of slopes. This may be accomplished by utiliz- ing brow ditches placed at the top of slopes to divert surface runoff away from the slope face where drainage devices are not otherwise available. The on-site soils are likely to be susceptible to erosion; therefore, the project plans and specifications should contain design features and construction requirements to mitigate erosion of on-site soils during and after construction. Slopes and other exposed ground surfaces should be appropriately planted with protective ground cover. 8.1.9. Temporary Slope Stability We recommend that trenches and excavations be designed and constructed in accordance with OSHA (Occupational Safety and Health Administration) regulations. These regula- tions provide trench sloping and shoring design parameters for trenches up to 20 feet deep based on a description of the soil types encountered. Trenches over 20 feet deep should be designed by the Contractor's engineer based on site-specific geotechnical analyses. For planning purposes, we recommend that the following OSHA soil cJassification be used: I 04600002 R Alga Norte Park 12 c Alga Norte Community Park Carlsbad, California Fill and Alluvium Santiago Formation June 14, 2006 Project No. 104600002 TypeC TypeB Upon making the excavations, the soiVrock classifications,and excavation performance should be evaluated in the field by the geotechnical consultant in accordance with OSHA regulations. Recommendations for temporary shoring can be provided, if requested. In general, temporary slopes above the water table and excavated in fill or alluvium and the Santiago Formation should be inclined no steeper than 1.5:1 and 1:1, respectively. Temporary excavations that encounter seepage may need shoring or may be stabilized by placing sandbags or gravel along the base of the seepage zone. Excavations encountering seepage should be evaluated on a case-by-case basis. 8.1.10. Trench Backfill Backfill for utility trenches should be compacted to 90 percent relative compaction as evaluated by ASTM D 1557. Lifts should be of appropriate thickness to allow compac- tion to be achieved with the equipment used. 8.1.11. Drainage Roof, pad, and slope drainage should be directed away from slopes and structures to suitable discharge areas by nonerodlble devices (e.g., gutters, downspouts, concrete swales, etc.). Positive drainage adjacent to structures should be established and maintained. Positive drainage may be accomplished by providing drainage away from the foundations of the structure at a gradient of 2 percent or steeper for a distance of 5 feet or more outside the building perimeter, and further maintained by a graded swale leading to an appropriate outlet, in accordance with the recommendations of the project civil engineer and/or landscape architect. 104600002 R Alga None Park 13 /(ln!/11&/(flt.W8 c Alga Norte Community Park Carlsbad, California June 14, 2006 Project No. 104600002 Smface drainage on the site should be provided so that water is not pennitted to pond. A gra- dient of 2 percent or steeper should be maintained over the pad area and drainage patterns should be established to direct and remove water :from the site to appropriate outlets. Care should be taken by the contractor during fmal grading to preserve any berms, drainage terraces, interceptor swales or other drainage devices of a permanent nature on or adjacent to the property. Drainage patterns established at the time of final grading should be maintained for the life of the project. The property operators should be made very clearly aware that altering drainage patterns might be detrimental to slope stability and foundation performance. 8.2. CBC (California Building Code) Seismic Design Parameters According to the 2001 CBC, the proposed site is within Seismic Zone 4. Based on the dis- tance from the site to the nearest active fault, the site is not within a Near-Source Zone. Table 1 includes the seismic design parameters for the site as defined in, and for use with, the 2001 edition of the CBC. Table 1 -Seismic Design Parameters Parameter Value 1997 UBC Reference Seismic Zone Factor:!_ Z 0.40 Table 16-I Soil Profile Type So Table 16-J Seismic Coefficient Ca 0.44Na Table 16-Q Seismic Coefficient Cv 0.64Nv Table 16-R Near-Source Factor, Na 1.0 Table 16-S Near-Source Factor, Nv 1.0 Table 16-T Seismic Source Type B Table 16-U 8.3. Foundations Based on our understanding that any future buildings will be relatively small, one-or two- story structures, we are providing the following preliminary foundation recommendations. 104600002 R Alga None Pill< 14 c Alga Norte Community Park Carlsbad, California 8.3.1. Shallow Foundations June 14,2006 Project No. 104600002 Continuous and/or spread footings should be founded in compacted fill or materials of the Santiago Formation. Footings founded as recommended may be designed using an all<:>wable bearing capacity of 3,500 pounds per square foot (psf). The allowable bearing pressures may be increased by one-third when considering loading of short duration such as wind or seismic forces. Foundations should be founded 18 inches below lowest adjacent grade. Continuous footings should have a width of 15 inches and isolated foot- ings should be 24 inches in width. We recommend that foundations be reinforced in accordance with the recommendations of the project structural engineer. From a geotechnical standpoint, we recommend that continuous footings be reinforced with four No. 4 reinforcing bars, two placed Iiear the top of the footing and two near the bottom. 8.3.2. Shallow Foundation Lateral Resistance For resistance of foundations to lateral loads, we recommend an allowable passive pres- sure exerted by an equivalent fluid weight of 300 pounds per cubic foot (pcf) be used with a value of up to 3,000 psf. This value assumes that the ground is horizontal for a distance of 10 feet or more, or three times the height generating the passive pressure, whichever is greater. We recommend that the upper one-foot of soil not protected by pavement or a concrete slab be neglected when calculating passive resistance. For frictional resistance to lateral loads, we recommend a coefficient of friction of 0.35 be used between soil and concrete. The allowable lateral resistance can be taken as the sum of the frictional resistance and passive resistance provided the passive resistance does not exceed one-half of the total allowable resistance. The passive resistance values may be increased by one-third when considering loads of short duration such as wind or seismic forces. 104600002 R Alga Norte Park 15 c Alga Norte Community Park Carlsbad, California 8.3.3. Static Settlement June 14, 2006 Project No. 104600002 We estimate that the proposed structures, designed and constructed as recommended herein, will undergo total settlements of less than approximately l-inch. Differential set- tlements are typically less than about one-half of the total settlement. 8.4. Retaining Walls Retaining walls are anticipated at the subject site. For the design of a yielding retaining wall that is not restrained against movement by rigid comers or structural connections, an active pressure represented by an equivalent fluid weight of 70 pounds per cubic foot (pcf) may be assumed for 2:1 backfill and 40 pcf for level backfill. Restrained walls (non-yielding) may be designed for at-rest pressure represented by an equivalent fluid weight of 100 pcf for 2:1 backfill and 60 pcf for level backfill. These pressures assume low-expansive, granular back- fill with a friction angle of 30°, moist density of 120 pcf, and free-draining conditions. A drain should be provided behind the wall as shown on Figure 4. The drain should be connected to an appropriate outlet. Retaining walls may be founded on a continuous footing based in compacted fill. Recom- mendations regarding bearing capacity and lateral resistance in the Foundations section also apply to retaining walls. 8.5. Slabs--on-Grade We recommend that conventional, slab-on-grade floors, underlain by very low to low expan- sive compacted fill, be 5 inches in thickness and be reinforced with No. 3 reinforcing bars spaced 18 inches on center each way. The reinforcing bars should be placed near the mid- point of the slabs. As a means to help reduce shrinkage cracks, we recommend that the slabs be provided with expansion joints at intervals of approximately 15 to 20 feet, each way or as recommended by the structural engineer. The slab reinforcement and expansion joint spacing should be designed by the structural engineer. 104600002 R Alga Ncxtc Park 16 c Alga Norte Community Park Carlsbad, California June 14, 2006 Project No. 1 04600002 If moisture sensitive floor coverings are to be used, we recommend that slabs be underlain by a vapor retarder and capillary break system consisting of a 1 0-mil polyethylene (or equivalent) membrane placed over 4 inches of clean medium to coarse sand or pea gravel and overlain by an additional 2 inches of sand to help protect the_ membrane from puncture during placement and to aid in concrete curing. The exposed subgrade should be moistened just prior to the placement of concrete. Exterior concrete flatwork should be 5 inches in thickness and should be reinforced with No. 3 reinforcing bars placed at 24 inches on-center both ways. The vapor retarder may be omitted for exterior flatwork. 8.6. Concrete Flatwork To reduce the potential manifestation of distress to exterior concrete flatwork due to move- ment of the underlying soil, we recommend that such flatwork be installed with crack- control joints at appropriate spacing as designed by the structural engineer. Exterior slabs should be underlain by 4 inches of clean sand. The subgrade soils should be scarified to a depth of 12 inches, moisture conditioned to within approximately 2 percent of the optimum moisture content, and compacted to a relative compaction of 90 percent, as evaluated by ASTM D1557. Positive drainage should be established and maintained adjacent to flatwork. 8.7. Pavements We understand that the proposed development will include an asphalt concrete-paved access drive and parking lot. For planning purposes we are providing preliminary pavement designs. Laboratory testing was performed on a representative sample of the on-site soils to evaluate R-value. The test was in general accordance with California Test Method 301 and the results are presented in Appendix B. The test results indicate an R-value of less than 5 for the sample tested. We have used a R-value of 5 for the preliminary basis for design of flexible pave- ments at the project site. Actual pavement recommendations should be based on R-value 104600002 It Al&a Norte Park 17 c Alga Norte Community Park Carlsbad, California June 14,2006 Project No. 104600002 tests performed on bulk samples of the soils that are exposed at the finished sub grade eleva- tions across the site once grading operations have been performed. For design we have used Traffic fudices (TI) of 6.0 for access drives and 5.0 for parking. The preliminary recommended pavement sections are as follows: Table 2 -Recommended Pavement Sections Traffic Asphalt Class 2 Aggregate Area R-Value Index Concrete Base (inches) (inches) Access Roads 5 6.0 4 11 Parking 5 5.0 3 10 As indicated, these values assume traffic indices of 6.0 for site access roads and 5.0 for parking areas where very little truck traffic is anticipated. fu addition, we recommend that the upper 12 inches of the sub grade be compacted to a relative compaction of 95 percent. The above pavement sections should provide an approximate pavement life of 20 years. If traffic loads are different from those assumed, the pavement design should be re-evaluated. We suggest that consideration be given to using portland cement concrete pavements in areas where dumpsters will be stored and where refuse trucks will stop and load. Experience indi- cates that refuse truck traffic can significantly shorten the useful life of asphalt concrete sections. We recommend that in these areas, 6 inches of 600 psi flexural strength portland cement concrete reinforced with No. 3 bars, 18-inches on center, be placed over 3 feet of very low to low expansive soil compacted to the recommendations presented in the Com- pacted Fill section. 8.8. Corrosion Laboratory testing was performed on a representative sample of the on-site soils to evaluate pH and electrical resistivity, as well as chloride and sulfate contents. The pH and electrical resistivity tests were performed in accordance with California Test 643 and the sulfate and 104600002 R Algo None Pork 18 c Alga Norte Community Park Carlsbad, California June 14, 2006 Project No. 104600002 chloride tests were performed in accordance with California Tests 417 and 422, respectively. These laboratory test results are presented in Appendix B. The results of the corrosivity testing indicated an electrical resistivity of the sample tested of 420 ohm-em. The soil pH of the sample was 6.6. The test indicated a chloride content of 75 pPm and a sulfate content of 0.04 percent. Based on Caltrans criteria, the on-site soils would not be classified as corrosive, which is defined as soil with more than 500 ppm chlo- rides, more than 0.2 percent sulfates, or a pH less than 5.5. Concrete in contact with soil or water that contains high concentrations of soluble sulfates can be subject to chemical deterioration. Laboratory testing indicated a sulfate content of the sample tested of less than 0.1 percent, which is considered negligible for sulfate attack (CBC, 2001). We recommend that 3 inches of concrete cover be provided over reinforcing steel for cast-in-place structures in contact with the soil. Although the results of the sulfate tests were not significantly high, due to the variability in the on-site soils and the potential future use of reclaimed water at the site, we recommend that Type V cement be used for con- crete structures iri contact with soil. In addition, we recommend a water to cement ratio of no more than 0.45. 8.9. Concrete In order to reduce the potential for shrinkage cracks in the concrete during curing, we rec- ommend that for slabs on grade, the concrete be placed with a slump in accordance with Table 5.2.1 of Section 302.1R of The Manual of Concrete Practice, "Floor and Slab Con- struction," or Table 2.2 of Section 332R in The Manual of Concrete Practice, "Guide to Residential Cast-in-Place Concrete Construction.'' If a higher slump is needed for screening and leveling, a super plasticizer is recommended to achieve the higher slump without chang- ing the required water to cement ratio. The slump should be checked periodically at the site prior to concrete placement. We also recommend that crack control joints be provided in slabs in accordance with the recommendations of the structural engineer to reduce the poten- 104600002 R Alga Norte 'hrlt 19 Alga Norte Community Park Carlsbad, California June 14, 2006 Project No. 104600002 tial for distress due to minor soil movement and concrete shrinkage. We further recommend that concrete cover over reinforcing steel for slabs on grade and foundations be in accor- dance with CBC 1907.7. The structural engineer should be consulted for additional concrete specifications. 8.1 0. Pre-Construction Meeting We recommend that a pre-construction meeting be held prior to commencement of grading. The owner or his representative, the agency representatives, the architect, the civil engineer, Ninyo & Moore, and the contractor should be in attendance to discuss the plans, the project, and the proposed construction schedule. 8.11. Plan Review and Construction Observation The conclusions and recommendations presented in this report are based on analysis of observed conditions in widely spaced exploratory excavations. If conditions are found to vary from those described in this report, Ninyo & Moore should be notified, and additional recommendations will be provided upon request. Ninyo & Moore should review the final project drawings and specifi- cations prior to the commencement of construction. Ninyo & Moore should perform the needed observation and testing services during construction operations. The recommendations provided in this report are based on the assumption that Ninyo & Moore will provide geotechnical observation and testing services during construction. In the event that it is decided not to utilize the services ofNinyo & Moore during construction, we request that the selected consultant provide the client with a letter (with a copy to Ninyo & Moore) indicating that they fully understand Ninyo & Moore's recommendations, and that they are in full agreement with the design parameters and recommendations contained in this report. Construction of proposed improvements should be performed by qualified subcon- tractors utilizing appropriate techniques and construction materials. 104600002 R Alga None Park 20 c Alga Norte Community Park Carlsbad, California 9. LIMITATIONS June 14,2006 Project No. 104600002 The field evaluation, laboratory testing, and geotechnical analyses presented in this geotechnical report have been conducted in general accordance with current practice and the standard of care exercised by geotechnical consultants perfonning similar tasks in the project area. No warranty, expressed or implied, is made regarding the conclusions, recommendations, and opinions pre- sented in this report. There is no evaluation detailed enough to reveal every subsurface condition. Variations may exist and conditions not observed or described in this report may be encountered during construction. Uncertainties relative to subsurface conditions can be reduced through addi- tional subsurface exploration. Additional subsurface evaluation will be perfonned upon request. Please also note that our evaluation was limited to assessment of the geotechnical aspects of the project, and did not include evaluation of structural issues, environmental concerns, or the pres- ence of hazardous materials. This document is intended to be used only in its entirety. No portion of the document, by itself, is designed to completely represent any aspect of the project described herein. Ninyo & Moore should be contacted if the reader requires additional infonnation or has questions regarding the content, interpretations presented, or completeness of this document. This report is intended for design purposes only. It does not provide sufficient data to prepare an accurate bid by contractors. It is suggested that the bidders and their geoteclmical consultant per- form an independent evaluation of the subsurface conditions in the project areas. The independent evaluations may include, but not be limited to, review of other geotechnical reports prepared for the adjacent areas, site reconnaissance, and additional exploration and laboratory testing. Our conclusions, recommendations, and opinions are based on an analysis of the observed site con- ditions. If geotechnical conditions different from those described in this report are encountered, our office should be notified, and additional recommendations, if warranted, will be provided upon re- quest. It should be understood that the conditions of a site could change with time as a result of natural processes or the activities of man at the subject site or nearby sites. fu addition, changes to the applicable laws, regulations, codes, and standards of practice may occur due to government ac- 104600002 R Alp Norte Park 21 c Alga Norte Community Park Carlsbad, California June 14,2006 Project No. 104600002 tion or the broadening of knowledge. The findings of this report may, therefore, be invalidated over time, in part or in whole, by changes over which Ninyo & Moore has no control. This report is intended exclusively for use by the client. Any use or reuse of the findings, conclu- sions, and/or recommendations of this report by parties other than the client is undertaken at said parties' sole risk. 104600002 R Alp Norte Park 22 Alga Norte Community Park Carlsbad, California 10. SELECTED REFERENCES June 14, 2006 Project No. 104600002 American Concrete Institute, 1991a, Guidelines for Concrete Floor and Slab Construction, (ACI 302.1R). American Concrete fus~tute, 1991 b, Guidelines for Residential Cast-in-Place Concrete Construc- tion, (ACI 332R). California Department of Conservation Division ofMines and Geology, 1998, Maps ofKnown Active Fault Near-Source Zones in California and Adjacent Portions of Nevada: dated February. California Building Standards Commission, 2001, California Building Code, Title 24, Part 2, Volumes 1 and 2. California Department of Conservation Division of Mines and Geology, 1999, Seismic Shaking Hazards Maps of California: Map Sheet 48. California Division ofMines and Geology (CDMG), 1995, Landslide Hazards in the Northern Part of the San Diego Metropolitan Area, San Diego County, California: Open File Report 95-04. California Division of Mines and Geology (CDMG), 1996, Geologic Maps of the Northwestern Part of San Diego County, California: Open File Report 96-02. Geocon, 2001, Update Soil and Geologic fuvestigation, Villages of La Costa -The Greens, Carlsbad, California: dated June 25. Geocon, 2001, Supplemental Geotechnical Investigation, Poinsettia Lane, Villages of La Costa- The Greens, Carlsbad, California: dated October 23. Jennings, C.W., 1994, Fault Activity Map of California and Adjacent Areas: California Division of Mines and Geology, California Geologic Data Map Series, Map No. 6, Scale 1:750,000. Norris, R. M. and Webb, R. W., 1990, Geology of California, Second Edition: John Wiley & Sons, Inc. Public Works Standards, Inc., 2000, "Greenbook," Standard Specifications for Public Works Construction. United States Department of the Interior, Bureau of Reclamation, 1989, Engineering Geology Field Manual. United States Geological Survey/California Geological Survey, 2003, Probabilistic Seismic Haz- ards Assessment Model for California. United States Geological Survey, 1968 (photo-revised 1975), Encinitas Quadrangle, California, San Diego County, 7.5-Minute Series (Topographic): Scale 1:24,000. 104600002 R Alga None Pork 23 c Alga Norte Community Park Carlsbad, California Source Date USDA 4-11-53 I 04<500002 R Alga N011e Parl< AERIAL PHOTOGRAPHS Flight AXM-8M 24 Numbers 72 and 73 June 14, 2006 Project No. 104600002 Scale 1:20,000 0 2400 4800 APPROXIMATE SCALE IN FEET DATE 6/06 SITE LOCATION MAP ALGA NORTE COMMUNITY PARK CARLSBAD, CALIFORNIA FIGURE 1 APPROXJMATE SCALE N 0 300 600 FEET 104600002 6/06 JJh_ 8-15 APPROXIMATE LOCATION OF ·~ EXPLORATORY BORING .Ji::L TP-15 APPROXIMATE LOCATION OF '-fl. EXPLORATORY TEST PIT ALGA NORTE COMMUNITY PARK CARlSBAD, CALIFORNIA FIGURE 2 \ ' APPROXIMATE SCALE 0 30 60MILES .., ~ '3 After Notris and Webb, 1990. a~~~~~~------------~----------------------------------~------~ ~ l(lngo&Jf\&&-re FAULT LOCATION MAP ~··~--~------~~---------4----------------------------------~ PROJECT NO. 104600002 DATE 6/06 ALGA NORTE COMMUNITY PARK CARLSBAD, CALIFORNIA FIGURE 3 RETAINING WAll *BASED ON ASTM D1557 NOT TO SCALE: SOIL BACKFill COMPACTED TO 90% RELATIVE COMPACTION * 3/4-INCH OPEN-GRADED GRAVEL WRAPPED IN AN APPROVED GEOFABRIC. 4-INCH-DIAMETER PERFORATED SCHEDULE 40 PVC PIPE OR EQUIVALENT INSTALLED WITH PERFORATIONS DOWN; 1% GRADIENT OR MORE TO A SUITABLE OUTLET NOTE: AS AN ALTERNATIVE, AN APPROVED GEOCOMPOSITE DRAIN SYSTEM MAY BE USED. PROJECT NO. DATE 104600002 6106 RETAINING WALL DRAINAGE DETAIL ALGA NORTE COMMUNITY PARK CARLSBAD, CALIFORNIA FIGURE 4 c Alga Norte Community Park Carlsbad, California APPENDIX A TEST PIT LOGS Field Procedure for the Collection of Disturbed Samples June 14, 2006 Project No. 104600002 Disturbed soil samples were obtained in the field using the following methods. Bulk Samples Bulk samples of representative earth materials were obtained from the exploratory excava- tions. The samples were bagged and transported to the laboratory for testing. Field Procedure for the Collection of Relatively Undisturbed Samples Relatively undisturbed soil samples were obtained in the field using the following method. The Split-Barrel Knocker Bar Sampler The sampler, with an external diameter of 3.0 inches, was lined with l-inch long, thin brass rings with inside diameters of approximately 2.4 inches. The sampler was manually driven into the ground with a hammer weighing approximately 35 pounds. The samples were re- moved from the sample barrel in the brass rings, sealed, and transported to the laboratory for testing. 104600002 R. Alga None Parle r i b ,.., ~ z :1!. 0 '-"' e;. ~<4 ~ ~ ~ § u:Y z -Cil ~ W· ~ ~::> ~ ~ (.) XXIX X BORING LOG EXPLANATION SHEET Modified split-barrel drive sampler. No recovery with modified split-barrel drive sampler. Sample retained by others. Standard Penetration Test (SPT). No recovery with a SPT. Shelby tube sample. Distance pushed in inches/length of sample recovered in inches. No recovery with Shelby tube sampler. Continuous Push Sample. Seepage. Groundwater encountered during drilling. Groundwater measured after drilling. ALLUVIUM: Solid line denotes unit change. -deooWsmatermrcnmg~------------------- Attitudes: Strike/Dip b: Bedding c: Contact Joint f: Fracture F: Fault cs: Clay Seam s: Shear bss: Basal Slide Surface sf: Shear Fracture sz: Shear Zone sbs: Sheared Bedding Surface PROJECT NO. EXPLANATION OF BORING LOG SYMBOLS DATE Rev. 01103 FIGURE c U.S.C.S. METHOD OF SOIL CLASSIFICATION MAJOR DIVISIONS SYMBOL TYPICAL NAMES GRAVELS {More than 1/2 of coarse m-Tn::rr1f---F=:.::.::..::..z....::.:.:;:.:.:...;:.:_=..::::=--------l fraction tf.) -t:3 ·a _..... 0 "' -~ ..... tf.) 0 <I) ~ ~ 0 > -0 ~ "til ~ 0 -5 0 0 N ... :i ~ ~ v J:l:.< >No.4 sieve size) SANDS (More than 112 of coarse fraction <No.4 sieve size) SILTS & CLAYS Liquid Limit <50 SILTS & CLAYS Liquid Limit >50 HIGHLY ORGANIC SOILS GRAIN SIZE CHART RANGE OF GRAIN SIZE CLASSIFICATION U.S. StaDdard Grain Size In Sieve Size Millimeters BOULDERS Above 12" Above305 COBBLES 12" to 3" 305 to76.2 GRAVEL 3"toNo. 4 76.2 to 4.76 Coarse 3" to 3/4" 76.2 to 19.1 FiDe ~/4"toNo. 4 19.1 to4.76 SAND No. 4 to No. 200 4.76 to O.Q75 Coarse No.4 to No. 10 4.76 to 2.00 Medium No. !0 to No. 40 2.00 to 0.420 Fble No. 40 to No. 200 0.420 to 0.075 SILT&CLAY Below No. 200 Below0.075 uses Soil Classif!Calion raded sands or gravelly sands, little or PLASTICITY CHART 70 80 y v v 1'"" v v g 40 CH / t. v L_ ~~ / CL v MH&OH / / v 1D / CL-L / Ml&OL r 0 1D 20 30 40 .. 60 70 80 90 1DO UQUID l.JMIT(U.), % U.S.C.S. METHOD OF SOIL CLASSIFICATION Updated Nov. 2004 rr===~-c)(in!ID &/(tDDre ~ . _ s-z DATE EXCAVATED ,f2210(, TEST PIT NO. 1J, u-----..:..-_____ _2.. ________ -ll P :E ~ a. o TEST PIT LOG & ~ w ~ ~ cri GROUND ELEVATION LOGGED BY TQ r-------------------------11 -a::: -(.) d ALGA NORTE COMMUNITY PARK. i= a> ~ ~ !;!;; cri METHOD OF EXCAVATION BACKHOE CARLSBAD, CALIFORNIA fb ~ 5i 8 S ~ ~ ::) _...;..;,;.::"'--'-'=---------- lt----:==-:::-:-:::-:::::::-:----,-----------ll c d1 ~ -o :E >-~ LOCATION _See_F"""igur=-=-e-=-2 _____________ _ PROJECT NO. I DATE c fij ~ (.) 104600002 I 06/06 f/) DESCRIPTION i I I I' I I v CL A,LLUVIUM: . ___ +-i+-~ . 1 :~brown, moos~ soft, sandy silty CLAY;"'"" ~---·-r·----·---H ! J . c-~ I i l I II -------r\-+ i I H-Lightbrown. I '\I I I I i I 1--I I I 8 [1- i I I \. I I 1 Yellowish brown. I ! i 'I i I ~ ! I I \. ! ' I __ _L I i '\ I I t----r--r---ts~AN~T::;-IA;-;G::;::o~F;:;;o::;;RM:::-:-:A-::::n::o:::-N:-: ------------11 I I j \ \! I 12 I-Light gray, damp, moderately cemented, sandy SILTSTONE. i I I I I I l I I ! ~ ,_ I i I I !\. ) -· -· .. ····r-__ .. ____ ·r----.. --+---J·----t-' 1 --~----f-16 ,_ I I I I ~· , !--1--t---:~T~o=~~lD~~~~~-~16~.5~~~e-.eL _________________ ~j -........... _ _, ___ .. _]__ ·-------r'----·-1---~ '------No groundwater encountered I _,. -·----·-• i J I' Backfilled on 05/22/06. I I I ---------~·-·--·· '-·--r·--+; --+----+1--....f----11-20 ~ I ·1 I S: ------+--·-, i I m 1 1 1 ~ i I I i . ?~ SCALE - 1 in./4 fl II Wln.r•·~aare II I I I~ r • C/) \ I I DATE EXCAVATED t r w G:' 5/22/06 TEST PIT NO. TP-2 ....I -0.. -(..) z 1-~ ~ a.. 0 :!!I (j) c ;;c m ),>I N TEST PIT LOG ALGA NORTE COMMUNITY PARK CARLSBAD, CALIFORNIA PROJECT NO. I DATE 104600002 I 06/06 -~ - - - - L - - - -r -_, - - ~~ --~ I • J ·-----~---------·---------+---· ! -t-- w w C/) ~ J: (I) 1-c a.. ~ c 0 w-~(..) Cl ~. "0 moe a! C/) v ~ -i= . I GROUND ELEVATION LOGGED BY BTM w ~ <(CI} 0::: (..)' ::J Ci5 !;!; ~I METHOD OF EXCAVATION BACKHOE ~ z w Cl)• 0 Cl oo::J ~ I LOCATION See Figure 2 ~ ~ (..) Cl I DESCRIPTION SM I :'-~~UVIUM: 1--+---+-CL ~j_b~W!h d~ml?.llQQs~to_!!le_illu!!! d~s~ clay~, ~ty_fin~S~ND. __ Brown, damp, stiff to very stiff, sandy, silty CLAY. 1 I I I ! I ! I l-4 I I I I l I I l I ! I i I --------------·------------:-----------------------;------------------,--------------------------r------------------------------~ I i . I I I I . ! i I I 1- 8 I I I ! i I i I I . I : I I I I I -----:---+----11-12 I ' I ,.. I I I I I I i I SANTIAGO FORMATION: ----------------·--+------------------· --.,---16 Light gray, damp, moderately indurated, clayey SILTSTONE; with scattered 1 I stringers and blebs of carbonate. Jl i I Total Depth = 17 feet. I , 1 I ,. Groundwater not encountered. l 1 I 1 Backfilled on 05122/06. ~--------·r·----·-r·--' I I I I ~~-20 I I I I I I i I 24 SCALE = 1 in_1_4 ft. C/J w ..J a.. -I=' ~ '::?.. ~ w CJi w w u. ex: - 'i(lnao ... ~aara TEST PIT LOG I _,, G:' u a.. ....... z Q ~ DATE EXCAVATED GROUND ELEVATION 5/22/06 TEST PIT NO. -----LOGGED BY ·\---,1 I TP-3 TQ ALGA NORTE COMMUNITY PARK CARLSBAD, CALIFORNIA :c CD 1-c ::) (i5 ~ z 1-. <t:.CIJ o· u::~ -en CIJ· METHOD OF EXCAVATION ;::.;BA:..:.C=KH=O=-=E=---------- a.. Jo:: c 0 w-~0 Cl :;:! • 1:1 IXlac ctl C/J PROJECT NO. j DATE 1 o46oooo2 T o6to6 ' ' 1 ' I I ! I , I I I 1-I I I I ' ' ! i I I I ' i I I ! I 1 I .. ·--··· .). ··-·-·-" ··--···-·-.... _____ ,\ ___ .. -r----l---~-·--!1-4 I I I . ; I I ---···---~-.. ··-·-----+---+-l I I I~ I ! I I I I I : I · i , I I l I I I II r· i I I w 0 Cl ~ 6:: Cl ~::) ..J u LOCATION ~S~ee~F~i~gu~r~e=2 ____________________________ ___ DESCRIPTION ML I ALLUVilJM Brown, moist, loose, sandy SILT; roots. Light brown, medium stiff, sandy clayey silt. Dark brown. I i -1 I I ( I I I """--·-···t .. ··-·-·"-"""" --·-----y-----r-----r-1 12 l/ I 1\. i li .Y SANTIAGOFORMATION: ! I .........._ 1 • ight gray damp, moderately indurated, clavey SILTSTONE. -·----··t·--.. ------· i 1 Total Depth = 13.5 feet. ! 1j I I Groundwater not encountered. i , 1 ! Backfilled on 5/22/06. "------··-+-------1--· . 16 i ! I I I ,. I I ! ' 20 I I I I I I II I ' I ! I . I 1---·· , : I i ,~ ! I I G5 ! i ! ~ --r-----~-H - 24 SCALE = 1 in./4 ft. I>' L ' 'l(lnao .. ~Dare ' £ \ ' '!:' -{ } en UJ -DATE EXCAVATED 5122106 ...J Ll. TEST PIT NO . TP-4 -c.. -(.) z 1-~ ~ a.. 0 w <( 0 -~en GROUND ELEVATION TEST PIT LOG -LOGGED BY w en UJ ~ TQ LL. 0:: (.)• -Q) ::> U5 _(.) ALGA NORTE COMMUNITY PARK ~ Ll. • METHOD OF EXCAVATION BACKHOE c: 1-z -en en· CARLSBAD, CALIFORNIA ~c: 0 ~ UJ en=> UJ _Q) (.) 0 0 0 ~-e: "C ~ & :5 LOCATION See Figure 2 PROJECT NO. I DATE cco c: (.) a! 0 104600002 i 06/06 en DESCRIPTION I i _J I v ~i-I ML ALLlNIUM: I Light brown, moist, loose, sandy SILT; roots. ·-··-·-____ _J__ I [7 Damp, stiff to very stiff. ! I I 4 Clayey silt l I I I I I ! -··----·! ---- i I I I I Dark brown, organics. I I v 8 ! i ;---·---···-~·--··--·--·· ··-----·---1-------j··----1--·-· l ' I I /I 12 -·---f-........ --.. -r-.... -·-·-------"--- I v I I I I l \ I/ 16 Moist. I i ~ i '-....1 71 i I i i Total Depth 19 feet. ·-----·-· .. ·---··:--·--·-r---------r-20 Groundwater not encountered. I I , i I Backfilled on 5/22/06. ~ I ' ' l ~ ! ! i I i ~ I • ! I ! I 24 SCAlE :: 1 in /4 ft. . ?{lnao~c!ftaara II I I en w ....I a.. !=' ~ TEST PIT LOG ALGANORTECO~TYPARK CARLSBAD,CAL~ORN[A PROJECT NO. DATE 104600002 I 06/06 w ~ w u. -J: CD 1-c: a.. ~c:o w-~u c ~ ·c: "0 Cl!ij en v -~ e... w 0:: ::> t; 0 ~ ( j DATE EXCAVATED u:-5/22106 TEST PIT NO. TP-5 u z a. 0 -i= . I GROUND ELEVATION LOGGED BY TQ ~ <t.en --~~-u· <i5 ~ ~ I METHOD OF EXCAVATION BACKHOE z w en· Cl en=> ::S I LOCATION See Figure 2 & u . Cl DESCRIPTION 1-- ~-~~ .... --l- l I I I I -+----r----t--ML IA4:UV!UM: I--+--+-L ~..!..b~W!h d~to_Eloist,j_oo.!_e,.!_an.Qy SILI; root!:_ _____ _ C Light brown, damp to moist, stiff to very stiff, silty CLAY; organics. ' I ~~ ! I I I r4 I ! I I . . i I I ·--·----~-L·---1 ! l l I I i 1 i I I . • 1-8 I I I I I 1 I i i 1 I ! j l ~! i l ' .... -... --.. ----·-·-·-\·----j I f-12 I I I I I I I ' ' i i i I l I l-16 I I I I ---t-1 -TI-t rn I ' 1 --~20[]tj "T1 (;': c ~ rr. ),> C1l I T [ I I [ ! 24 SCALE= 1 in./4 ft. 24.7 I 89.7 Dark brown. SANTIAGO FORMATION: Light gray, moist to wet, moderately cemented, sandy SILTSTONE. Total Depth= 19.5 feet. No groundwater encountered. Backftlled on 05/22/06. en UJ -..J u. a.. -(.) ~ ~ a.. 0 --(J) UJ E 0:: :::> Cl) 1-z en w 0 c ~ >-0:: c I -1(1na•8c1ft••n 'I PI I I' 1 TEST PIT LOG ~ ALGANORTECOMMUNITYPARK ~ CARLSBAD, CALIFORNIA fu ~---P-R-OJ_E_C_T_N-0.----~~-------D-A-TE------~I 0 104600002 J 06/06 l i - ----·--t ·-----+-' . G4! . jV ------I ~~--I I I I T-+-JI_) -+-4 -··~~· ~ 11.81110.0 II 121 I I I ____ j ___ . I I --"--+---I I I I I I I I DATE EXCAVATED =('r 5/22/06 TEST PIT NO. TP-6 z 0 i= . I GROUND ELEVATION LOGGED BY BTM <cn u· !;!;; ~ I METHOD OF EXCAVATION BACKHOE Cl)• w=> d I LOCATION See Figure 2 DESCRIPTION CL I ALLUVIUM: Dark brown, damp, stiff, silty CLAY. Reddish brown, stiff to very stiff, sandy, silty clay. SANTIAGO FORMATION: Light gray to reddish brown (mottled), damp, moderately indurated, clayey SILTSTONE; with scattered stringers of carbonate. Total Depth= 8.5 feet. Groundwater not encountered. B\lckfilled on 05122/0o. ~~ SJ=1;nL I I I I I Lilli I I I II ·~· e ~ I' ('J rnPD 4r. aura ~ (L DATE EXCAVATED 5/22/06 TEST PIT NO. TP-7 .,. r-a.. -u z t-:E <fl. a..O TEST PIT LOG ~ ()§ ;:;; ~ ~ uj GROUND ELEVATION LOGGED BY BTM n----------------------11 -e:: _ ~ t:i ALGA NORTE COMMUN1TY PARK F ~ j:: ~ ~ 0 METHOD OF EXCAVATION ::.B.:.c:A;.;:.C.;:..:K.H=O-=E--------- CARLSBAD CALIFORNIA a.. ~ ~ 0 ~ ~ w :::::1 lf------------r' ~ "5 .e; ~ ~ >-~ LOCATION See Figure 2 PROJE.CTNO. DATE coo &i ~ 0 ----'-'"-'-'-''-"'---------------- 1 04600002 06/06 w DESCRIPTION ~ I I -, J v CL ALUJVIUM: . . ' '1 i i Dark brown, damp, stiff, sandy, stlty CLAY. i l Brown, stiff to very stiff. \1 i v H- f--~iil L 4 i i I ----'"-' +··· "'" "' -, ·-·--\----------r-----f-·------; ---------·-1-t-+-j I I ~ ~ J--1--t---+s~~~N~TI~A~G~O~F=p~RM~~A~T=ro~N~:--------------~1 ___ ........ y ................ _, ........... _.- 1 ..... __ 1.~ ~ ---·-··-·· ·--·-----------.... f-8 1-t- 8 _ 5 94 _ 7 ~f~~fo~~-ght brown, damp, weakly cemented, clayey silty ! i j Total Depth = 8.5 feel "--··-·---I ·----I i Groundwater not encountered. I I I .. Backfilled on 5/22/06. 1 I I !-, ' I i l 12 1-1-t--1 I i I I I i i I I I I i i I l ! I 1 ~ I 16 I ~ I I 1 ' I I I !I i I -·---····-··-+--.. ·--~----r-20 t---+--1-- 1 I I ::!. , . I g I I I :;o l-............ _ .. ·r-----.. -.... ·---·--r---·--~----+---+---+----11-~ ! I 1 ..., I I ' I ' i 'JA. SCAI. E = 1 in./4 ft. '"'AiinPD&:~aawaa f3 ,.~ • ,-"J • • ' • ~ -~ z DATE EXCAVATED 5/23/06 TEST PIT NO. TP-8 lt-----..:.__ _____ _!_ _______ __JI r=-~ "#. a. o TEST PIT LOG ~ ~ w ~ ~ uj GROUND ELEVATION LOGGED BY TQ -0:: -0<.:) ALGA NORTE COMMUNITY PARK ~ <I) ~ ~ Q; cri METHOD OF EXCAVATION BACKHOE CARLSBAD, CALIFORNIA fu ~ 5i 8 B ~ ~ ::) :::..:...:.==::..._ ______ _ lt----:---:--=-----.-----------ll o ~ .f: -c ~ >-::5 LOCATION ;.:..See::..:...:..F.:.!i!igur.=.::..e=-2 ------------- PROJECT NO. I DATE 0 ~ 0:: 0 104600002 i 06/06 ctJ 0 DESCRIPTION I I u CL ALLUVIUM: I : B~own, moist, ~oft, sandy silty CLAY; roots . . -----.~. --+~-~-r· Ltght brown, sttffto very stiff, organics. --\ -~"-~e-I I I ~· \ v f-+-~ \\ J 8 [1-! I 7 Darl< brown. I -----+ I I 12 ~ I ·--.. ·--·----... ........ .._ ... ___ .. _._ f-·--i I ~ I 1/ ~ I V 16 \ I~ 1--+--1---1 ~ I I 20 rillt--j--r--t.TT.o~~~o=~~ili~2~0~fl~ee~t---------------------- ~ I l No groundwater encountered. ~ 1 Backftlled on 05/23/06. ;t I i ?.4 ~ SCALE = 1 in./4 fl:. '-' .. ~ ' i(in!ID •l(taare en \ / UJ -DATE EXCAVATED 5/23/06 TEST PIT NO. TP-9 ....1 u. a. -(.) z i= :::!!: ~ a. 0 w ~ 0 -~crj GROUND ELEVATION LOGGED BY TQ -TEST PlT LOG w UJ ~ !:!:, 0:: u· en _(.) t ::1 u.· METHOD OF EXCAVATION BACKHOE ALGA NORTE COMMUNITY PARK Cll 1-z -en 5 ~ w (/)• CARLSBAD,CA~ORN[A ~c 0 en ::I ~ -~ (.) 0 :s LOCATION See Figure 2 :::s.c "C :::!: ~ PROJECT NO. ! DATE me c (.) ftl 0 DESCRIPTION 104600002 t 06/06 en ! I I v CL ALLUVIUM: rown moist soft siltv CLAY· roots. I I I J SM Light brown, damp to moist, medium dense to dense, silty fme SAND; poorly l I I I graded. i ---·-+-' 4 -----· ! 7 1-1- I I I I I t-'-- ' I 17 I I ---1----r----I--8 ---v r-CL-~----------------------\ I I Brown, damp, stiff to very stiff, sandy silty CLAY; organics. I I j ! ~ ! I I ! I I -·-·--·-·+·----~-I 12 r ! v f\ I Few gravel up to 2" in diameter. i ! I I I I I I I I -~-· .. --·---I 16 I v ! I 1\ 1/. ••~•-u•.,••~•·•-,.,--··-..... -....... _.~--·-·-. ~ . I ___ , .. ___ -20 I ! i Total Depth= 20 feet. I I "TT I No groundwater encountered. g I I Backfilled on 05/23/06. ::0 ! I m i ~ ' I I I co I ., ... ! SCALE = 1 in./4 ft. ,. ~, rinPD&:J;t&ara ~ 1 u: DATE EXCAVATED ,/2,.,. TEST PIT NO. ~.-~. II .,. a. -u z I 11-------.!..------___._---------u I=" ::!: t!-a. Q TEST PIT LOG ~ ~ w ~ !:( cr.! GROUND ELEVATION LOGGED BY TQ H-----------------------11 -0:: -(.) (.) I ALGA NORTE COMMUNITY PARK ~ m ~ ~ ~ Cf.! METHOD OF EXCAVATION BACKHOE 1 a. .:::::§ (/) w ~~ CARLSBAD, CALIFORNIA w ~ ~ U 5 ° <C LOCATION See Figure 2 I lf-----------.-----------11 0 ~ ·.::::: "C ::!: >-..J - PROJECT NO. DATE 0 f6 ~ (.) DESCRIPTION I 1 04600002 06/06 (/) ~ I I I' I v CL ALLUVIUM: . -i-- - - -l--• - - - -.. - - -r--r--r---~O!Y!J., daJ!!P&ofh.s!!!!dy,_st]!y QL~Y;jOOts. ________ _ I I · SM Light brown, damp, medium dense to dense, silty fine SAND; poorly grated. -~---·-~--I V ! 1 j 4 1-+-+--1 _I I -~ + _______________________ _ I ~~ CL Brown, damp, stiff to very stiff, sandy silty CIA Y. ---~ I i V ·-t---8 [ ~~~~~Y cemented, sUty SANDSTONE. ! \ i I )I f-I 1 ~~ I /_ Light gray, damp to moist, moderately cemented, sandy SILTSTONE. ! I ' I ... ·-------! -----·-· . -·---1-v 12 r-f-. i ~_)_/ i ! I Total Depth= 14 feet. __ ............. ! ................. ------·---t-.... ! .. -----1·------rl6 ~~cflt;::£~:~~~~~~tered. ! I I I I I I I I I I ; J j I I I I I ---+----f-+----t--___ j_ ___ l-20 1--+--+---1 § ! I I I fil ! I l I =!> ! I i I c i I i ! ,.:t SCALE = 1 in./4 ft. ~ f)jlnHD~~<Jf.Dtwe 11 _I 1' :1 TEST PIT LOG I i en Ul -....J u. 0. -u ~ ';fl. a.. ~ ALGANORTECO~PARK CARLSBAD,CALWORN[A w 1,~---.,...----------ll 0 PROJECT NO. 1 DATE 104600002 I 06106 < en G) -~rr5 -~u ~·c-o c~ (/) --w ~ a::: ::::1 Ci5 1-z en w 0 0 :::! & 0 -~ATEEXCAV~TED ( r 5/23/06 TEST PIT NO. TP-11 z 0 i= . I GROUND ELEVATION LOGGED BY TQ <en u· ~ ~ I METHOD OF EXCAVATION BACKHOE en· en::> ~ I LOCATION See Figure 2 DESCRIPTION --r-! I i I t----1-------- ! I I CL j~LLUVIUM: f---1--+--~o'!Y!l,J!atm>,!9ft..:..si!!Y~~Yi_!oo__!_S. __________ _ SM Light brown, damp, medium dense, silty fine SAND; poorly graded. t ' 1-I I I I l I l I ' I ' I 1 CL Brown, damp, stiff to very stiff, sandy silty CLAY; organics. 1 i ! i I I II ! I SANTIAGO FORMATION: 1 J Yellowish brown, damp, weakly cemented, silty SANDSTONE. : ! ----·r-· n--· 1 I --I--r 1--1--t-- -Light~ay, damP. mod-;ateiy ~e~ented~~y SILTSTONE:-- - - I I ' ' I 12 I i ' I I ! Total Depth= 12 feet. ! I \ I No groundwater encountered. ,_ ___ · · I i Backfilled on 05/13/06. i I I I ' l ! I i I I '""'""'""••--l"""m"'"•-'"'"'"l''"""--' -+··---•••_L __ ,_.,_j ___ ----~·-·-11-16 t t t I l ; I I I ' l ! I I I · i I ! I i I l l I-20 I 1 1 I I ?.4 SCALE .= 1 ln./4 ft. :~ CI(Jngo 8clft.••n II ~ \ I , 1 TEST PIT LOG ~ ALGANORTECOMMUNITYPARK ~ CARLSBAD, CALIFORNIA fu I c DATE (/') w -..J u. ll. -(.) ~ "#. a.. --(/') w ~ 0::: ~ ~ en z w ~lij8 6 c ~-r::-o ::::2: ~ oc: co c (/') PROJECT NO. 104600002 06/06 -v I -~ I I -t-+ I I I ---.. ~ .. ---t· .. --·-·-r··---------+-~---1:----+1----lr 4 I I I I -"""1------~ Ill f--+-- l t I ! I t I ! -+---+----+-~----+---1H ________ ,.!' ·-------·f--------+-~ - l I I I I ! l-121 I I I I I I I I~ I '-!. I I'-I A I ! I I ...... --·-·--·-·------+--· I I I I IH6 " r-i 1• I , "' I i G5 I \ 1 1t-20 1 1 1 1 ~~----· I iii ----r-~ _ .. _ I > I ---r---t---+---~--JI ~ I I ·~ N I ! I -I I ?4 SCALE ~ 1 in./4 ft. DATE EXCAVATED 5/23/06 TEST PIT NO. z 0 i= . I GROUND ELEVATION LOGGED BY <((/') (.)• !;!; ~I METHOD OF EXCAVATION BACKHOE C/)· (/')=> :S I LOCATION See Figure 2 (.) l DESCRIPTION CL IALLlNIUM: Brown, damp, soft, silty CLAY; roots. Stiff. f TP-12 TQ -T----------------------SM I Light brown, damp, dense to very dense, silty fme SAND; poorly graded. CL I Brown, damp, stiff, silty CLAY. Total Depth= 15 feet. Groundwater encountered at 14 feet. Backfilled on 05/23/06. r.=="' '"~=~==~=r=""=;=:===;= l(ln!JD~~rJftaare ' TEST PIT LOG ALGA NORTE COMMUNITY PARK CARLSBAD,CAUFORN[A PROJECT NO. I DATE 104600002 06/06 I 1 -···~1 T~-, i I i I i 111 i _ I I "I I I il ! I I f3 ...J -c.. 1-~ w w !:!::. J: Q) 1-c: a. ..10: c: 0 W-g,!U 0 ~ ·c: "C oc: co I I (/) v I I i J J 1 i '···---·-·T·-·---·-,-------r--n--+-~--i--1-----lr 4 -~-i I I I . i I I u--n--+---1--------J. ! 1 v I I I i I IT7 8 I I I I I ~-11-12 I ·-t---\-1 _ __JII-161 I I 1 j ! I I 1-20 I I I I ! ---~j---T--t---t-----i~~LJ io I I I f SCALE = 1 ln./4 ft. I I -:::.e !a.. w 0:: ~ 0 ~ -LL (.) a. -~ Ci5 z w 0 ~ 0 z I DATE EXCAVATED 5/23/06 TEST PIT NO. 0 ~ 00 I GROUND ELEVATION ~.. LOGGED BY (,)' g;; ~I METHOD OF EXCAVATION BACKHOE (/)• S ::> LOCATION See Figure 2 (.) CL DESCRIPTION ALLl.lYIUM; Brown, damp, soft, silty CLAY; roots. Stiff, organics. Total Depth= 19 feet No groundwater encountered. Backfilled on 05/23/06. ' 1 TP-13 TQ I L "'>. £"'>, '1(111f1Daclf.DDre C/) \ I i, UJ -DATE EXCAVATED 5/23/06 TEST PIT NO. TP-14 ....1 LJ.. a.. -(.) z I=" :a: ~ a. 0 LOGGED BY TQ UJ < !i!--i=. GROUND ELEVATION TEST PIT LOG UJ C/) UJ ~ <cn \:!::. 0:: (.)' ~ Ci5 _(.) METHOD OF EXCAVATION BACKHOE :I: LJ.. • CD z -cn ALGANORTECO~PARK 1-c w C/)• CARLSBAD, CALIFORNIA a. .¥co a Cl cn::l LOCATION See Figure 2 w _(!)(.) :s Cl :I-~ "'C ~ ~ eeoc (.) PROJECT NO. DATE «< Cl DESCRIPTION C/) 104600002 06/06 I I I I v CL ALLUVIUM: I ' Brown, damp, soft, silty CLAY; roots. I Stiff to very stiff; organics. -I / I I \ l 4 j_ I ~ v .. -~~·•-NHO~-1-------t--Light brown . ' l ! 8 \ I 7 I \ I 17 Grayish brown. ·--·--·-r---L 12 ~ I I J \ I I ' ! 16 -, I v I ~ I I ,,.,.,, ____ N_h_ 0' -,\J LJ I I I 20 Total Depth= 20 feet. I ~ ' ! No groundwater encountered. I i Backfilled on 05/23/06. l I I I !: I 24 N I SCALE= 1 inJ4 ft ~ ' ' ~ .. ~. 'l(ln!ID""~aare (f) -\ ; LLJ DATE EXCAVATED ...J u:-5/23/06 TEST PIT NO. TP-!5 I=' ll.. ........ 0 z :2 <fl. a. 0 TEST PIT LOG LLJ ~ --~CJ) GROUND ELEVATION LOGGED BY LLJ LLJ ~ TQ !:!::. ~ o· ~ ::::! Ci5 -0 METHOD OF EXCAVATION BACKHOE ALGA NORTE COMMUNITY PARK u.· Cll 1-z -(f) CARLSBAD, CALIFORNIA ~c: § ~ LLJ (/J• (!)::::! LLJ :;~ 0 0 Cl :5 LOCATION See Figure 2 i Cl Ill 'C: -g :2 ~ PROJECT NO. DATE 0 0 co a 104600002 I (/J DESCRIPTION I 06/06 \ I I I / " CL I I ALLUVUJM: \ i l v l'Rrown. damp, soft sandv CLAY· roots. SANTIAGO FORMATION: \ i I i/l I Light gray, damp, moderately cemented; sandy SILTSTONE. I I "J I ~v 4 f--·----·-I .... , ........... - I I I Total Depth-6.5 feet. i No groundwater encountered. I I 8 Backfilled on 05/23/06. i I I i ----··------r-I --- I I ! i I I I ! I 12 -1-t ·-···--------J---··-·-···--···-·····--···- 1 ' I I I I 16 l i -+-·--· -·""''-"-•oM•NM ,.,,, ___ , .. ______ ,""'["'"--·~"''_"_ L..·-----r-- I I __ , ___ J ____ I I ·----···---· r---1-20 I I I ~ I l G. ~ I I I > I I j i I ').d. SCALE = 1 in./4 ft. c Alga Norte Community Park Carlsbad, California APPENDIXB June 14, 2006 Project No. 104600002 BORING LOGS OF PREVIOUS INVESTIGATION Field Procedure for the Collection of Disturb.ed Samples Disturbed soil samples were obtained in the field using the following methods. Bulk Samples Bulk samples of representative earth materials were ob_tained from the exploratory excava- tions. The samples were bagged and transported to the laboratory for testing. The Standard Penetration Test (SPT) Spoon Disturbed drive samples of earth materials were obtained by means of a Standard Penetration Test spoon sampler. The sampler is composed of a split barrel with an external diameter of2 inches and an unlined internal diameter of 1-3/8 inches. The spoon was driven into the ground 12 to 18 inches with a 140-pmmd hammer free-falling from a height of30 inches in general ac- cordance with AS1M D 1586-99. The blow counts were recorded for every 6 inches of penetration; the blow counts reported on the logs are those for the last 12 inches of penetration. Soil samples were observed and removed from the spoon, bagged, sealed and transported to the laboratory for testing. Field Procedure for the Collection of Relatively Undisturbed Samples Relatively undisturbed soil samples were obtained in the field using the following method. The Modified Split-Barrel Drive Sampler The sampler, with an external diameter of 3.0 inches, was lined with l-inch long, thin brass rings with inside diameters of approximately 2.4 inches. The sample barrel was driven into the ground with the weight of a 140-pound hammer, in general accordance with ASTM D 3550-84. The driving weight was permitted to fall freely. The approximate length of the fall, the weight of the hammer, and the number of blows per foot of driving are presented on the boring logs as an index to the relative resistance of the materials sampled. The samples were removed from the sample barrel in the brass rings, sealed, and transported to the labo- ratory for testing. 104600002 R Alga None Parle u:---0 z 1-:::.e e::. 0 0 e.... i= . 0 ~ ...I w 0 <C. en LL l:t: o· (i) (ij m -0 :::> ~ LL • :s: 1-z -en en w > en-0 5 0 en w=> ...I j m ~ >-l:t: 0 0 20 49 10.4 108.6 45 DATE DRILLED 08/05/02 BORING NO. B-1 GROUND ELEVATION 170'±(MSL) SHEET OF METHOD OF DRILLING 8" Diameter Hollow-Stem Auger DRIVE WEIGHT I 40 lbs. (Auto T ri2 Hammer2 DROP 30" SAMPLED BY EP LOGGED BY EP REVIEWED BY Rl ALLUVTIJM: Dark yellowish brown, damp, stiff to very stiff, fme-grained sandy CLAY and medium dense to dense, clayey fine SAND. Hard to dense. .... ~, .. ., ... broWii,daffiP, dense;-Ciayey fmeSAND; rronoilde stammg;wiiitesffi clusters approximately 114" in diameter. Groundwater not encountered during drilling. BackfiJled on 08/05/02. iL ~ 0 z 1-!!:. 0 0 ~uj 0 ~ ...J !:!:: ~ 0 o· (ij ID -0 (/) ::1 :::1! u. . ~ 1-z >--(/) (/) w (f)• 0 5 0 (/) (f) ::I ...J :5 ID :::1! >-a: 0 0 21 17.8 95.9 36 72 32 50/4" DATE DRILLED 08/06/02 BORING NO. GROUND ELEVATION 150'±{MSL) SHEET I METHOD OF DRILLING 8" Diameter Hollow-stem Auger DRIVE WEIGHT 140 lbs. {Auto TriE Hammer~ DROP SAMPLED BY EP LOGGED BY EP REVIEWED BY TION SANTIAGO FORMATION: Light gray, damp, moderately cemented, sandy SILTSTONE. Iron oxide staining. Grmmdwater not encountered during drilling. Backfilled on 08/06/02. B-2 OF 30" Rl 1L ~ () z 1-!:;. 0 0 ~ i= 0 w ~ _J ct:cn u. 0:: 0 o· w ::> en m -0 ~ u. . ?: 1-z -cn (/) UJ >-(/)• 0 0 0 (/) cn=> _J <t: m ~ & _J () 0 CL 31 sc 19 12.1 106.7 33 26 . 16.9 111.2 27 DATE DRILLED 08/05/02 BORING NO. B-3 GROUND ELEVATION 13S'±(MSLl SHEET OF METHOD OF DRILLING 8" Diameter Hollow-Stem Auger DRIVE WEIGHT 140 lbs. (Auto Trip Hammerl DROP 30" SAMPLED BY EP LOGGED BY EP REVIEWED BY RJ ALLUVIUM: Dark yellowish brown, moist, hard, fme-grained sandy CLAY. <>JJ<IWI<mhroWii,mOist, mecliuiii dense-;cliiyeyfule SAND.----------- Pale yellow; iron-oxide staining; a few clay layers. --;moist, very stiff to liird, lme to medlum sandy CLAY.----------- Groundwater not encountered during drilling. Backfilled on 08/05/02. u:---0 z t-:!!. e:. 0 0 ~ ~CI) 0 w ~ ..J !!:: 0:: 0 (.)• {/) ~ {/) m -0 ::E ....... ~ z >--{/} {/) w rn . 5 0 {/) ~::l ..J m :a & (.) 0 sc 12 12.1 89.8 28 33 17.4 110.3 22 23 19.4 106.1 DATE DRILLED 08/06/02 BORING NO. GROUND ELEVATION 140'±(MSL} METHOD OF DRILLING 8" Diameter Hollow-Stem Auger DRIVE WEIGHT 140 lbs. (Auto Trir Hammer~ SAMPLED BY EP LOGGED BY EP ALLUVIDM: Brown, damp, loose, fme clayey SAND. Dark brown; scattered roots. Brown; iron oxide staining. Yellowish brown; very stiff; increase in sand content. Groundwater not encountered during drilling. Backfil1ed on 08/06/02. SHEET DROP REVIEWED BY TION B-4 OF 30" Rl £L ~ u z I-~ 0 0 ~CJ) 0 ILl ~ _j u.. 0:: 0 u· ~ ::> a; Ill -0 ~ U..· t) z -(/) ILl >-Cl)· 0 5 0 Cl) en=> _j ::s !0 ~ >-~ 0 0 CL 18 13.3 19 36 14.8 16 DATE DRILLED 08/0&02 BORING NO. GROUND ELEVATION 165'±(MSL) SHEET I METHOD OF DRILLING 8" Diameter Hollow-Stem Auger DRIVE WEIGHT I 40 lbs. (Auto Tri~ Hammer2 DROP SAMPLED BY EP LOGGED BY EP REVIEWED BY ALLUVIUM: Brown, damp, very stiff, sandy silty CLAY; some rootlets. Hard. Very stiff. Groundwater not encountered during drilling. Backfilled on 08/06/02. B-5 OF 30'' R1 u::- ~ 0 z f-~ !!:. 0 0 e..-~en 0 w ~ ...J !:!: 0:: 0 o· ~ ~ Ci) co -0 :a u. . z > -(/) (/) w (/)• 0 0 en (/):::;1 ...J ~ co :a i>i 0 0 CL 25 13.1 109.6 20 84/11" 63 5015" 16.0 108.7 DATE DRILLED 08106102 BORING NO. B-6 GROUND ELEVATION 145'±(MSL) SHEET OF METHOD OF DRILLING 8" Diameter Hollow-Stem Auger DRIVE WEIGHT 140 lbs. (Auto Tri~ Hammer2 DROP 30" SAMPLED BY EP Rl ALLUVIUM: Brown, damp, very stiff, sandy CLAY; trace iron-oxide staining. SANTIAGO FORMATION: Light gray, white, and red (mottled), damp, moderately cemented, SILTSTONE; JrOJil-o;~tlU'ell staining. Weakly cemented. Groundwater not encountered during drilling. Backfilled on OS/06/02. C/) I.IJ DATE DRILLED 08/06/02 BORING NO. B-7 ...J u:::-0.. ~ ~ 0 z ~-i 1-e ~ 0 GROUND ELEVATION 135'±(MSL~ SHEET 1 OF I C/) 0 __. ~u; ---'~! -r-0 w ~ 0 ijj 0:: o· :::> Ci) m -0 METHOD OF DRILLING 8" Diameter Hollow-Stem Auger ~ ::!E u. . ~ 1-z -C/) a. en w >-rn . w :l!Oi 0 0 en rn=> DROP 0 _. <( DRIVE WEIGHT 140lbs. (Auto Trip Hanuner) 30" ~~-~ m ::!E >-__. mo 0:: 0 0 SAMPLED BY EP LOGGED BY EP REVIEWED BY RI DESCRIPTION/INTERPRETATION 0 CL ALLUVIUM: Brown, damp, very stiff, sandy CLAY. 1- 1- -I 19 10.2 101.9 1- 10 I 21 - I f-1- r-1 31 165 109.1 Hard. ~ ~ 20-I 28 Increase in sand content; scattered iron-oxide staining. 1- ~ I I 19 19.3 108.3 Very stiff. Total Depth-26.5 feet. '--Groundwater not encountered during drilling. Backfilled on 08/06/02. 30-- ~ r- 1- 1- ~--J r"""'" BORING LOG l(lllf!D&'ft.08"r8 ALGA NORTE COMMUNITY PARK CARLSBAD, CALIFORNIA PROJECT NO. J DATE I FIGURE 104600001 J)2/02 A-7 tL ~ 0 z 1-~ 0 0 ~0 0 UJ r: _.1 IL £r g o· (); ::l (i) -0 ~ LL • ::: t; z -en UJ ~ (f)· 0 0 0 cn=> _.J =:5 10 ~ >-£r 0 0 14 24 3.1 95.4 32 47 DATE DRILLED 08/06/02 BORING NO. GROUND ELEVATION 160'±(MSLl SHEET 1 METHOD OF DRILLING 8" Diameter Hollow-Stem Auger DRIVE WEIGHT 140 lbs. (Auto TriE Hannner! DROP SAMPLED BY EP LOGGED BY EP REVIEWED BY DESCRIPTIONIINTERPRETATION damp, loose, fine silty SAND. Medium dense. Slightly clayey. SANTIAGO FORMATION: Very pale brown, damp, weakly cemented, silty SANDSTONE. Groundwater not encountered during drilling. Backfilled on 08/06102. B-8 OF 30'' RI u::: # (.) z b e:. 0 0 w ~ ...1 ~- !!:: « 0 oCI.! (/) ::::> (/) m -0 ~ u.. . ~ t> z -en ~ Cl)· w w=> ...1 0 0 1 m ~ i'i 0 0 SM 42 CL 23 15.5 112.8 17 17 25.8 95.1 17 DATE DRILLED 08105/02 BORING NO. B-9 GROUND ELEVATION 125'±(MSL~ SHEET I OF METHOD OF DRILLING 8" Diameter Hollow-Stem Auger DRIVE WEIGHT 140 lbs. {Auto Tri(! Hammer~ DROP 30" SAMPLED BY EP Rl ALLUVIUM: Dark brown, dry, dense, silty SAND. -damp, ilaid, Sifij saruiy-cLAY;\vlllte silt clusters apP"roxiiilaTety ------- 1/4" in diameter. stiff. Light yellowish brown. -giiy-;-moiSt, Stiff, ciA Y.---------- ----------- - Groundwater not encountered during drilling. Bac.kfdled on 08/05/02. iL ~ 0 z 1-e::. 0 0 i= • 0 ~ ...1 w 0 ~C/) u.. 0:: 10 o· en (i.i -0 :J :E u.. • ~ 1-z -C/} C/) w >-C/)• 0 5 D C/) C/):J ...1 :J 10 :: rt 0 0 sc 26 23 DATE DRILLED 08106/02 BORING NO. B-10 GROUND ELEVATION J50'+(MSL) SHEET I OF METHOD OF DRilliNG 8" Diameter Hollow-Stem Auger DRIVE WEIGHT 140 lbs. (Auto Trip Hammer~ DROP 30" SAMPlED BY EP LOGGED BY EP REVIEWED BY Rl DESCRIPTION/INTERPRETATION ALLUVIUM: Brown, damp, medium dense, fine clayey SAND. --aamP, vezysnff, 8andyCLA Y.------------------- Grcmn1dw1lter not encountered during dnlling. Bac:kfi:lled on 08/06/02. u:.- ~ () z I-~ 0 0 ~uj 0 w f: ...J u.. 0:: 0 ()" (;; ~ U) Ill -<.> :::!: u..· 3 z -(/) (/) w fh U)· g 0 0 (/)::> Ill :::!: ~ :J () 0 CL 26 27 II 19 22.2 104.4 28 DATE DRILLED 08/06/02 BORING NO. B-11 GROUND ELEVATION 120'±(MSL) SHEET OF METHOD OF DRILLING 8" Diameter Hollow-Stem Auger DRIVE WEIGHT 140 lbs. {Auto Trif Hammer) DROP 30" SAMPLED BY EP LOGGED BY EP REVIEWED BY RI TION ALLUVIUM: Brown, moist, very stiff, CLAY. Hard. ellowisb brown; wet; stiff; sandy clay. Brown; saturated; very stiff; small sand clusters approximately 112" in diameter. Groundwater encountered at approximately 17' during drilling. Backfilled on 08/06/02. 1(in!ID&/f.OW8 iL ~ 0 z 5 ~ 0 0 ~ .J ~CI) w 0 u. a: o· us :::> ii) Ill -0 ~ u. . ~ I-z -en en w >-(/)• 0 0 en en=> .J <( Ill ~ ~ .J 0 0 SM 29 28 5.7 100.8 5015" 5012'' 12.7 106.0 DATE DRILLED 08/05/02 BORING NO. GROUND ELEVATION 125'±(MSL) SHEET METHOD OF DRILLING 8" Diameter Hollow-Stem Auger DRIVE WEIGHT 140 Jbs. (Auto Tri~ Hammer) DROP SAMPLED BY EP LOGGED BY EP REVIEWED BY ALLUVIUM: Reddish brown, damp, medium dense, silty SAND. White silt clusters approximately 1/4" in diameter. SANTIAGO FORMATION: Light gray, moist, moderately cemented, sandy SILTSTONE. Groundwater not encountered during drilling. Backfilled on 08/05/02. B-12 OF 30" RI (L u z I-e ~ 0 0 i= . 0 ~ ....1 w 0 <(Cf.) lL (( u· (7.j (i.j lD -0 ::> ~ lL . ~ I-z -Cf.) UJ w ~ Cf.)· i5 0 UJ w=> <( al ~ ~ ....1 u 0 sc 63 28 13.7 112.0 79 DATE DRILLED 08/06/02 BORING NO. B-13 GROUND ELEVATION 145'±(MSL) SHEET 1 OF METHOD OF DRILLING 8" Diameter Hollow-Stem Auger DRIVE WEIGHT 140lbs. {Auto Trip Hanuner} DROP 30" SAMPLED BY EP LOGGED BY EP REVIEWED BY Rl ALLUVIUM: Grayish brown, damp, dense, fme clayey SAND. --~~~OAv.-------------------- Brown. SANTIAGO FORMATION: Light gray, moist, moderately cemented, SlLTSTONE; with reddish brown stains. Groundwater not encountered during drilling. Backfilled on 08/06/02. u::- ~ 0 z 1-~ 0 0 f=. 0 ~ ,_J w 0 ~~ LL a:: en ::> 1i) Cll -0 ~ LL • g 1-z -en (/) w >-en· 5 0 en en::> ,_J :5 Cll ~ >-0:: 0 0 CL 38 10.1 118.9 27 21 16.9 111.5 12 28 DATE DRILLED 08105102 BORING NO. GROUND ELEVATION 110'± (MSL) SHEET METHOD OF DRI LUNG 8" Diameter Hollow-Stem Auger DRIVE WEIGHT 140 lbs. (Auto Trip Hammer) DROP SAMPLED BY EP ALLUVIUM: Dark yellowish brown, damp, hard, fme-grained sandy CLAY. Pale brown; very stiff. GroWldwater encoWltered at approximately 18 feet during drilling. Backfilled on 08/05/02. B-14 I OF 30" RI u:-DATE DRILLED 08105102 BORING NO. B-15 (.) z 1-~ ~ 0 GROUND ELEVATION IIO'±(MSL) SHEET OF 2 8 w ~ J ~en ~ 0:: 0 (.)' :::> (i.i III _(.) METHOD OF DRILLING 8" Diameter Hollow-Stem Auger :E u.· 5 1-z ~ -en en w (/)' 0 0 en=> DROP J :) DRIVE WEIGHT 140 lbs. (Auto Trip Hammer) 30" III :::!E ~ (.) 0 SAMPLED BY EP REVIEWED BY Rl TION 31 15.9 26 19.2 Dark yellowish brown. 5015" 13.6 Iron-oxide staining. Pale brown; little iron-oxide staining; moderately cemented. 5015" 16.5 98.2 Minor iron-oxide staining. ------r.------------------------red, moist, stronga1 indurated, CLAYSTONE. l(lngo&!f.o•e iL ..-(.) z 1-~ !!:. 0 0 e.... ~-~ UJ i= ...I It 0 oCI.! en Ci) m -0 ~ ~ u..· ~ z -rn UJ f/)• 0 0 f/) rn=> ...I :5 £0 ~ ~ (.) 0 S<VS" 5015'' 8819" DATE DRILLED 08105102 BORING NO. GROUND ELEVATION JJO'±(MSL) METHOD OF DRILLING 8H Diameter Hollow-Stem Auger DRIVE WEIGHT 140 Jbs. (Auto Trip Hammer) SAMPLED BY EP LOGGED BY EP SANTIAGO FORMATION: (Continued) Light red, moist, strongly indurated, CLAYSTONE. Gray to light red {mottled). Groundwater not encountered during drilling. Backfilled on 08/05/02. SHEET 2 DROP REVIEWED BY B-15 OF 2 30'' RI c Alga Norte Community Park Carlsbad, California Classification APPENDIXC LABORATORY TESTING June 14, 2006 Project No. 104600002 Soils were visually and texturally classified in accordance with the Unified Soil Classification System (USCS) in general accordance with ASTM D 2488-00. Soil classifications are indicated on the logs of the exploratory excavations in Appendix A. In-Place Moisture and Density Tests The moisture content and dry density of relatively undisturbed samples obtained from the ex- ploratory excavations were evaluated in general accordance with ASTM D 2937-04. The test results are presented on the logs of the exploratory excavations in Appendix A. Gradation Analysis Gradation analysis tests were perfonned on selected representative soil samples in general accor- dance with ASTM D 422-63. The grain-size distribution curves are shown on Figures C-1 through C-3. These test results were utilized in evaluating the soil classifications in accordance with the Unified Soil Classification System. Atterbere; Limits Tests were perfonned on selected representative fme-grained soil samples to evaluate the liquid limit, plastic limit, and plasticity index in general accordance with ASTM D 4318-05. These test results were utilized to evaluate the soil classification in accordance with the Unified Soil Classi- fication System. The test results and classifications are shown on Figure C-4. Direct Shear Tests Direct shear tests were perfonned on undisturbed samples in general accordance with ASTM D 3080-04 to evaluate the shear strength characteristics of selected materials. The samples were inundated during shearing to represent adverse field conditions. The results are shown on Figures C-5 andC-6. Expansion Index Tests The expansion index of selected materials was evaluated in general accordance with U.B.C. Standard No. 18-2 (ASTM D 4829-03). Specimens were molded under a specified compactive energy at approximately 50 percent saturation (plus or minus 1 percent). The prepared l-inch thick by 4-inch diameter specimens were loaded with a surcharge of 144 pounds per square foot 104600002 R Alga None Pork Rev. 05102 c Alga Norte Community Park Carlsbad, California June 14, 2006 Project No. 104600002 and were inundated with tap water. Readings of volumetric swell were made for a period of 24 hours. The results of these tests are presented on Figure C-7. Maximum Drv Density and Optimum Moisture Content Tests The maximum dry density and optimum moisture content of a selected representative soil sample were evaluated in general accordance withASTM D 1557-02. The results ofthese tests are sum- marized on Figure C-8. Soil Corrosivity Tests Soil pH, and resistivity tests were performed on a representative sample in general accordance with California Test (CT) 643. The chloride content of the selected sample was evaluated in gen- eral accordance with CT 422. The sulfate content of the selected sample was evaluated in general accordance with CT 417. The test results are presented on Figure C-9. R-Value The resistance value, orR-value, for site soils was evaluated in general accordance with Califor- nia Test Method 301. Samples were prepared and evaluated for exudation pressure and expansion pressure. The equilibrium R-value is reported as the lesser or more conservative of the two calcu- lated results. The test results are shown on Figure C-1 0. I 04600002 R Alga NOtte Parle ~.05102 I GRAVEL SAND FINES I I Coarse Fine Coarse Medium I Fine SILT I CLAY I U.S. STANDARD SIEVE NUMBERS HYDROMETER 3" 2' 1·112" 1" 3/4' 318" 4 10 16 30 50 100 200 100.0 : l l I I l l ~r-r-\ I I 90.0 I I I I I I ( I I \ I I 80.0 I I I t-I I I I I I I 1\ I I :I: 70.0 C!> I \ jjj I I I I I I I ~ 60.0 >-ll I I\ lXI I I I I I I a::: 50.0 w I I I z u::: 1 I 1 1 1 I I I t-40.0 I I I z w I I I I I I I I I (.) a::: 30.0 I : : w I a. I I I I I I 20.0 1: : I I : I 10.0 I I I I I I I I I I I I I I 0.0 II I I I 100 10 1 0.1 O.o1 0.001 0.0001 GRAIN SIZE IN MILLIMETERS Symbol Sample Depth Uquid Plastic Plasticity D1o ~0 Deo c.. Cc: Passing Location (ft) Limit Limit Index No.200 u.s.c.s (%_1_ • TP-9 4.0-6.0 -- ------45 SM PERFORMED IN GENERAL ACCORDANCE WITH ASTM D 422-63 {02) c I(IRHII&/(t.&•e GRADATION TEST RESULTS FIGURE PROJECT NO. DATE Alga Norte Community Park C-1 104600002 6/06 Carlsbad, California 104600002 SIEVE Tl'-9 ll 4.0.8.0.xiS I GRAVEL SAND FINES I I Coarse Fine Coarse Medium Fine Silt I Clay I U.S. STANDARD SIEVE NUMBERS HYDROMETER 3" 1·112" 1" 314" 112" 318" 4 8 16 30 50 100 200 100 I : I I T -,.. 90 I I I I I I I I l [\ I I 80 I I I I I I I I I I I I I I \ I I ~ 70 : : : : : (!) il ~ 60 \ i:; I I ! I I I I I I I I I ffi 50 I I I I z I I I I I I I I I \I I u:: ~ 40 : I I I '\ :2 I w 30 I" 11. I I I I ! I I I I I 20 _j I I I I I I I I I I I I 10 l l l J r 0 100 10 1 0.1 0.01 0.001 0.0001 GRAIN SIZE IN MILLIMETERS Depth Liquid Plastic Plasticity D,o D30 Deo c.. c.: Passing Symbol Hole No. (ft) Limit Limit Index No. 200 u.s.c.s {o/~ • Stockpile Bulk ----Sample 1 ------21 SM PERFORMED IN GENERAL ACCORDANCE WITH ASTM D 422-63 (02) c !flnHD&I(t.Oo~a GRADATION TEST RESULTS FIGURE PROJECT NO. DATE Alga Norte Community Park C-2 104600002 6/06 Carlsbad, California 104600002 SIEVE G 5lOd<plle II .xis I GRAVEL I SAND I FINES I Coarse Fine j Coarse Medium I Fine I Slit I Clay -U.S. STANDARD SIEVE NUMBERS HYDROMETER 3" 1-1/2" 1" 314" 112" 318" 4 6 16 30 50 100 200 100 : : : : l 90 " I ,,~ I I I I I I I I I ao .I I I I I I II~ ~I I I I I I I ~ 70 : T' : : l ~ 60 I ~ I I ! I ! I If-. ~ N. I I ffi 50 I z I I I I I I I I I I I I I ;:;: 15 40 : : : : , I ! 1i [\ I Ill 30 ~ ... I I I I I I I I ! I 20 I I I I I I I I I I I 10 l l l l l 0 100 10 1 0.1 0.01 0.001 0.0001 GRAIN SIZE IN MILLIMETERS Depth Liquid Plastic Plasticity D,o ~ Ilea c,. Cc Passing Symbol Hole No. (ft) Limit Limit Index No. 200 u.s.c.s (%) • Stockpile Bulk ------ --20 SM Sample2 PERFORMED IN GENERAL ACCORDANCE WITH ASTM D 422-63 (02) c l(lnao/Jtl(t.oore GRADATION TEST RESULTS FIGURE PROJECT NO. DATE Alga Norte Community Park C-3 104600002 6/06 Carlsbad, California c LIQUID PLASTIC PLASTICITY uses SYMBOL LOCATION DEPTH LIMIT, LIMIT, INDEX, CLASSIFICATION uses (FT) LL (%) PL(%) PI(%) {Fraction Finer Than {Entire Sample) No. 40 Sieve) • TP-1 4.0-6.0 35 16 19 CL • TP-1 8.0-10.0 45 22 23 CL • TP-8 8.0-10.0 33 14 19 CL . NP -Indicates Non-Plastic 60 -r---T""-_,..._.,....~...--/.,..----,-----,..---.,.V----. 50 +---+---t----t-----t-'----#--/-+---+--~ ~v__,.ct--~ v-CHorOH / 40+----+----~--~---1L---4----+----~~~----~--~ ;t / /v ~ ~+----+----~/--~~c_L_o~r-o-~--~~V----~---+----r----r---; PROJECT NO. 104600002 10<600002 A TTERBERG Pg 1JdS 20+---~~--~~--+,.~~~~~7'-~--+---~MHorOH~~~ 10+---~/~--~--~~~~----~---+----+---~----~--~ /~~C!:"'l-:-_M~Ll-+--/-74' ML or OL 0 v l 0 10 20 30 40 50 LL{%) 60 70 PERFORMED IN GENERAl ACCORDANCE WITH ASTM D 4318-05 80 90 100 A TTERBERG LIMITS TEST RESULTS DATE 6/06 Alga Norte Community Park Carlsbad California CL CL CL FIGURE C-4 ·""' ,...._ 5000 4000 I fL C/) ~ 3000 C/) C/) w 0:: """" 1-,_ ~ .. C/) 0:: j~ , ..... us 2000 k:: -~'I' :r:: C/) ... ~ ~ ..,. ~ ~ I ... ~ .,.. 1000 .... .-=~ I ..oil ...., "'I' ~~ ~ ~ ~ ..,.,. , , 0 0 1000 2000 3000 4000 5000 NORMAL STRESS (PSF) Description Symbol Sample Depth Shear Cohesion, c Friction Angle, ~ Soil Type Location (ft) Strength (psf) (degrees) Sandy SILTSTONE • TP-5 19.0-19.5 Peak 110 26 Formation Sandy SILTSTONE --x-. TP-5 19.0-19.5 Ultimate 110 25 Formation PERFORMED IN GENERAL ACCORDANCE WITH ASTM D 3080-04 JVInao&:l(t.••~• DIRECT SHEAR TEST RESULTS FIGURE ' PROJECT DATE C-5 Alga Norte Community Park 104600002 6106 Carlsbad, California 104600002 SHEAR TP-5@ 19.G-19.5.l<ls I "'""' 2000 1500 -u. (/') e:. (/') (/') w 0:: 1000 1-jiii (/') 0:: flll I"' <( w J: l.o (/') joo 500 11 ~ 0 0 500 1000 1500 2000 NORMAL STRESS (PSF) Description Symbol Sample Depth Shear Cohesion, c Friction Angle, 4» Soil Type Location (ft} Strength (psf) (degrees) . Remolded @ 90% • TP-7 2.0-3.0 Peak 550 15 CL Relative Compaction --x-. TP-7 2.0-3.0 Ultimate 420 15 CL PERFORMED IN GENERAL ACCORDANCE WITH ASTM D 3080-04 /f/D911&/(l8W8 DIRECT SHEAR TEST RESULTS FIGURE PROJECT DATE Alga Norte Community Park C-6 104600002 6106 Carlsbad, California 104600002 REMOLDED SHEAR TP-7 @ 2.0-3.0.l<IS SAMPLE SAMPLE INITIAL COMPACTED FINAL VOLUMETRIC EXPANSION POTENTIAL LOCATION DEPTH MOISTURE DRY DENSITY MOISTURE SWELL INDEX EXPANSION (FT) f%) (PC F) (%) (IN) TP-7 2.0-3.0 9.9 109.1 25.2 0.130 130 High TP-10 12.0-14.0 11.7 102.3 30.3 0.108 108 High PERFORMED IN GENERAL ACCORDANCE WITH 0 UBC STANDARD 18-2 0 ASTM D 4829-03 c l(lnaocr.1f.oo~e EXPANSION INDEX TEST RESULTS FIGURE .., ., PROJECT DATE C-7 Alga Norte Community Park 104600002 6/06 Carlsbad, California 104600002 El Pg1.xls 140.0 \ \ 1\ 1\ Zero Air Void Line \ \ 1\ (Specific Gravity= 2.70) 1\ 1/ 130.0 '\ I\ 1\ lL \ \ 1\ Zero Air Void Line i\ (Specific Gravity = 2.60) \ \\ 120.0 \ ,\ v ,,. \~ ·'1\ u:-1-o-:-..N \ L,oo I-1-0 "" 1\. ~ ' Zero Air Void Line a.. (Specific Gravity = 2.50) I-1--~~ 1\ 1/ ~ 1\. ~ 1\ (i) 110.0 z f\ ~ II 1\. w a ~ 1\. ~ 1\ 1\ a I'\ 1\. I'\ .... 1\ .... 100.0 I'\ ~ ~ ['-. ~ , ...... ~, ...... I"-. I" """ 90.0 '\ c-.. I' r--" !'.. " f'l' I"-,, "" I' .I' " "-~'-- 80.0 "I', f'l' 0 5 10 15 20 25 30 35 40 MOISTURE CONTENT(%) Sample Depth Maximum Dry Optimum Moisture Soil Description Density Content Location (ft) {Qcf) (%} TP-7 2.0-3.0 Dark Brown Sandy, Silty CLAY 120.0 12.0 Dry Density and Moisture Content Values Corrected for Oversize (ASTM D 4718-87) N/A N/A PERFORMED IN GENERAL ACCORDANCE WITH 0 ASTM D 1557-02 0 ASTM D 698-ooa METHOD0A DaDe l(ln9D&/(lOWe PROCTOR DENSITY TEST RESULTS FIGURE PROJECT NO. DATE Alga Norte Community Park C-8 104600002 6106 Carlsbad, California c 104600002 PROCTOR TP-7 @ 2.0-3.0.xls SAMPLE LOCATION TP-7 SAMPLE DEPTH (FT) 2.0-3.0 6.6 RESISTIVITY 1 (Ohm-em) 420 SULFATE CONTENT 2 (%) 0.04 1 PERFORMED IN GENERAL ACCORDANCE WITH CALIFORNIA TEST METHOD 643 2 PERFORMED IN GENERAL ACCORDANCE WITH CALIFORNIA TEST METHOD 417 3 PERFORMED IN GENERAL ACCORDANCE WITH CALIFORNIA TEST METHOD 422 PROJECT 104600002 IQ.f60000200RROSM'JY TP-74» 2.0.3.0.xls DATE 6/06 CORROSIVITY TEST RESULTS Alga Norte Community Park Carlsbad, California CHLORIDE CONTENT 3 (ppm) 75 FIGURE C-9 c SAMPLE LOCATION TP-1 SAMPLE DEPTH (FT) 8.0-10.0 SOIL TYPE CL PERFORMED IN GENERAL ACCORDANCE WITH ASTM CALIFORNIA TEST METHOD 301 PROJECT 104600002 10460000:2 R-vakJe..xls DATE 6/06 R-VALUE TEST RESULTS Alga Norte Community Park Carlsbad California R-VALUE Less Than 5 FIGURE C-10 c Alga Norte Community Park Carlsbad, California APPENDIXD June 14, 2006 Project No. 104600002 LABORATORY TESTING OF PREVIOUS INVESTIGATION 104600002 R Alga Norte Park Rev. OS/02 FINES Fine Sot Clay U.S. STANDARD SIEVE NUMBERS HYDROMETER 3" 1-112" 1" 314" 112" 318" 4 8 16 30 50 100 200 100 90 80 1-70 :z:: !2 w 60 ~ ~ a: 50 w z ii: !z 40 ~ 30 w I I : i -r ~ .... ~-... I I I I I I I I I I I I I r\ I I I I I I I I I I I I I I ~ I I I I I I I I I I 1\ I I I II I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I ll. I I I I I I I I I I I 20 I I I I I 10 I I I I I I I I I I I I I I I I I I I I I I 0 I I I I I 100 10 0.1 0.01 0.001 0.0001 GRAIN SIZE IN MILLIMETERS Symbol Hole No. Depth Liquid Plastic Plasticity D1o D30 Deo c.. Cc Passing u.s.c.s (ft) Umit Limit Index No. 200 (%) • B-11 15.0-16.5 ------- --52 CL PERFORMED IN GENERAL ACCORDANCE WITH ASTM D 422-63 GRADATION TEST RESULTS Alga Norte Community Park c Carlsbad, California ~ r PROJECT NO. DATE "' (FIGURE \.. 104600001 8/02 ) B-1 SV811@15-1G.5.xls c ~ z 0 I ffi ~ (.) :I: 1-w -3.0 -2.0 -1.0 0.0 1.0 2.0 3.0 4.0 5.0 6.0 7.0 8.0 9.0 ~ 10.0 ~ en u. 0 ffi ffi a.. :Z 0 ~ ::; 0 en z 0 (.) r 11.0 12.0 13.0 14.0 15.0 16.0 17.0 18.0 19.0 20.0 0.1 __ .... __ _ • • STRESS IN KIPS PER SQUARE FOOT 1.0 Seating Cycle Loading Prior to Inundation Loading After Inundation Rebound Cycle 10.0 Boring No. B-5 Depth (ft.) 5.0-6.5 SoiiType CL 100.0 PERFORMED IN GENERAL ACCORDANCE WITH ASTM D 2435-96 CONSOLIDATION TEST RESULTS _1(1ngo&l(t&o~•-Alga Norte Community Park Carlsbad, California r PROJECT NO. DATE '\ (FIGURE) '-----------------J \.'-....... 1-.046....,.oo .. o-.o1 ............ ._ ... s.Jo .. 2 __ ,.J B-2 c , (/) (/) w z :.:: 0 J: 1--w ...J a.. ~ -3.0 -2.0 -1.0 0.0 1.0 2.0 3.0 4.0 5.0 6.0 7.0 8.0 9.0 10.0 ~ 11.0 0 1-m ~ w a.. z 0 ~ 0 ::J 0 (/) z 0 0 12.0 13.0 14.0 15.0 16.0 17.0 18.0 19.0 20.0 0.1 STRESS IN KIPS PER SQUARE FOOT 1.0 __ .. ___ Seating Cycle __._ Loading Prior to Inundation • Loading After Inundation ---A.--· Rebound Cycle 10.0 Boring No. Depth (ft.) Soil Type B-5 15.0-16.5 CL 100.0 PERFORMED IN GENERAL ACCORDANCE WITH ASTM D 2435-98 CONSOLIDATION TEST RESULTS _I(IR9D&/ftOtWe_ Alga Norte Community Park Carlsbad, California ( PROJECT NO. DAlE ' (FIGURE) \.~---------r------~, B-3 104600001 8/02 J '-------------------------------' ~------~----._ ________ , CNB5015-16.5 .... If"' c r ~ z 0 (i5 z § ~ w z ~ (.) :I 1-w -3.0 -2.0 -1.0 0.0 1.0 2.0 3.0 4.0 5.0 6.0 7.0 8.0 9.0 (( 10.0 ~ (J) u.. 0 !z w ~ ~ z 0 11.0 12.0 13.0 14.0 15.0 ~ ~ (J) 16.0 z 0 (.) 17.0 18.0 19.0 20.0 0.1 STRESS IN KIPS PER SQUARE FOOT 1.0 __ .. ___ Seating Cycle • Loading Prior to Inundation * Loading After Inundation __ _,.___ Rebound Cycle 10.0 Boring No. Depth (ft.) Soil Type B-11 5.0-6.5 CL 100.0 PERFORMED IN GENERAL ACCORDANCE WITH ASTM D 2435-96 CONSOLIDATION TEST RESULTS _J(IngD&'ftOO~&-Alga Norte Community Park Carlsbad, California r PROJECTNO. DATE "\ (AGURE) '-----------------------------' ~'-_.1M_.~_o_oo_1 __ ~---~-o2._ __ ~J B4 SVB!IQS-t>.SJds c ~ e.-z 0 (;; § C/) f3 2 u ~ w -4.0 -3.0 -1.0 0.0 1.0 2.0 3.0 4.0 5.0 6.0 7.0 8.0 9.0 it 10.0 ~ ~ 1-z w u a:: ~ z 0 ~ c :::J 0 C/) z 8 r 11.0 12.0 13.0 14.0 15.0 16.0 17.0 18.0 19.0 20.0 0.1 STRESS IN KIPS PER SQUARE FOOT 1~ 1QO Seating Cycle Boring No. Depth (ft.) Soil Type B-11 10.0-11.5 CL 100.0 Loading Prior to Inundation Loading After Inundation Rebound Cycle PERFORMED IN GENERAL ACCORDANCE WITH ASTM 0 2435-96 CONSOLIDATION TEST RESULTS _I(IR90&1(t&O-ra_ Alga Norte Community Park Carlsbad, California (_ PROJECT NO. OATE '(FIGURE) '-----------------------------' ~'-_.1o_4_so_oo_o_1 __ _. __ .al.o2._--~J B-5 c r u:-r/) 0.. -r/) 4000 3000 i 2000 r/) ~ :::1: r/) 1000 0 Description Siltstone , 0 Symbol • , ..... II"'" .... , ..... 1000 2000 3000 4000 NORMAL STRESS (PSF) Boring Depth Shear Cohesion Friction Angle Soli Type Number (ft) Strength (psf) (deg) B-2 5.0-6.5 Peak 165 31 Formation DIRECT SHEAR TEST RESULTS ~ _I(IR90&1(t.O&-re _ Alga Norte Community Park Carlsbad, California ( PROJECT NO. DATE 1C'GURE) ..J \. 104600001 8102 ) B-6 OS82~5.xls c r EXPANSION INDEX TEST RESULTS SAMPLE SAMPLE INITIAL COMPACTED FINAL LOCATION DEPTH MOISTURE DRY DENSITY MOISTURE (FT) j%) jPCF) j_%) B-2 2.0-5.0 12.4 99.1 30.9 PERFORMED IN GENERAL ACCORDANCE WITH UBC STANDARD 18-2 PERFORMED IN GENERAL ACCORDANCE Willi ASTM 0 4829-95 VOLUMETRIC SWELL JIN) 0.078 EXPANSION EXPANSION INDEX POTENTIAL 78 Medium EXPANSION INDEX TEST RESULTS ,_Jflngo&l(too~e-Alga Norte Community Park Carlsbad, California .J ( PROJECT NO. DATE '\eiGURE) \.. \.. 104600001 8/02 J B-7 CORROSIVITY TEST RESULTS SAMPLE DEPTH RESISTIVITY * SAMPLE LOCATION (FT} pH* (ohm-em) B-2 2.0-5.0 6.9 815 * PERFORMED IN GENERAL ACCORDANCE WITH CALIFORNIA TEST METHOD 643 •• PERFORMED IN GENERAL ACCORDANCE WITH CALIFORNIA TEST METHOD 417 ••• PERFORMED IN GENERAL ACCORDANCE WITH CALIFORNIA TEST METHOD 422 WATER-sOLUBLE SULFATE CONTENT IN SOIL** (%) 0.005 CHLORIDE CONTENT*** (ppm) 105 r CORROSIVITY TEST RESULTS Alga Norte Community Park \.. Carlsbad, California '"' _ J(IR90&1(tOo~e- r PROJECT NO • DATE '\(AGURE) ..J \. 104600001 8/02 ) B-8 CRB202-5..11S Alga Norte Community Park Carlsbad, California APPENDIXE TYPICAL EARTHWORK GUIDELINES AppendixE Project No. 104600002 Alga Norte Community Park Carlsbad, California TABLE OF CONTENTS Appendix E Project No. 104600002 Page 1. GENERAL ................................................................................................................................ 1 2. OBLIGATIONS OF PARTIES ................................................................................................ 2 3. SITE PREPARATION ............................................................................................................. 3 4. REMOVALS AND EXCAVATIONS ..................................................................................... 4 5. COMPACTED FILL ................................................................................................................ 5 6. OVERSIZED MATERIAL ...................................................................................................... 7 7. SLOPES .................................................................................................................................... 8 8. TRENCH BACKFILL ............................................................................................................ 11 9. DRAINAGE ........................................................................................................................... 13 10. SITE PROTECTION .............................................................................................................. 14 11. DEFINITIONS OF TERMS ................................................................................................... 16 Figures Figure A -Fill Slope Over Natural Ground or Cut Figure B -Transition and Undercut Lot Details Figure C -Canyon Subdrain Detail Figure D -Oversized Rock Placement Detail Figure E -Slope Drainage Detail Figure F -Shear Key Detail Figure G -Drain Detail I 04600002 Earthwork. doc Rev. 12/05 Alga Norte Community Park Carlsbad, California Appendix E Project No. 104600002 TYPICAL EARTHWORK GUIDELINES 1. GENERAL These guidelines and the standard details attached hereto are presented as general procedures for earthwork construction. They are to be utilized in conjunction with the project grading plans. These guidelines are considered a part of the geotechnical report, but are superseded by recom- mendations in the geotechnical report in the case of conflict. Evaluations performed by the consultant during the course of grading may result in new recommendations which could super- sede these specifications and/or the recommendations of the geotechnical report. It is the responsibility of the contractor to read and understand these guidelines as well as the geotechni- cal report and project grading plans. 1.1. The contractor shall not vary from these guidelines without prior recommendations by the geotechnical consultant and the approval of the client or the client's author- ized representative. Recommendations by the geotechnical consultant and/or client shall not be considered to preclude requirements for approval by the jurisdictional agency prior to the execution of any changes. 1.2. The contractor shall perform the grading operations in accordance with these speci- fications, and shall be responsible for the quality of the finished product notwithstanding the fact that grading work will be observed and tested by the geo- technical consultant. 1.3. It is the responsibility of the grading contractor to notify the geotechnical consult- ant and the jurisdictional agencies, as needed, prior to the start of work at the site and at any time that grading resumes after interruption. Each step of the grading operations shall be observed and documented by the geotechnical consultant and, where necessary, reviewed by the appropriate jurisdictional agency prior to pro- ceeding with subsequent work. 1.4. If, during the grading operations, geotechnical conditions are encountered which were not anticipated or described in the geotechnical report, the geotechnical con- sultant shall be notified immediately and additional recommendations, if applicable, may be provided. 1.5. An as-graded report shall be prepared by the geotechnical consultant and signed by a registered engineer and registered engineering geologist. The report documents the geotechnical consultants' observations, and field and laboratory test results, and 104600002 Earthwork.doc Rev. 12/0S c Alga Norte Community Park Carlsbad, California Appendix E ProjectNo. 104600002 provides conclusions regarding whether or not earthwork construction was per- formed in accordance with the geotechnical recommendations and the grading plans. Recommendations for foundation design, pavement design, subgrade treat- ment, etc., may also be included in the as-graded report. 1.6. For the purpose of evaluating quantities of materials excavated during grading and/or locating the limits of excavations, a licensed land surveyor or civil engineer shall be retained. 1.7. Definitions of terms utilized in the remainder of these specifications have been provided in Section 11. 2. OBLIGATIONS OF PARTIES The parties involved in the projects earthwork activities shall be responsible as outlined in the following sections. 2.1. The client is ultimately responsible for the aspects of the project. The client or the client's authorized representative has a responsibility to review the findings and recommendations of the geotechnical consultant. The client shall authorize the con- tractor and/or other consultants to perform work and/or provide services. During grading the client or the client's authorized representative shall remain on site or remain reasonably accessible to the concerned parties to make the decisions that may be needed to maintain the flow of the project. 2.2. The contractor is responsible for the safety of the project and satisfactory comple- tion of grading and other associated operations, including, but not limited tq, earthwork in accordance with the project plans, specifications, and jurisdictional agency requirements. During grading, the contractor or the contractor's authorized representative shall remain on site. The contractor shall further remain accessible during non-working hours times, including at night and during days off. 2.3. The geotechnical consultant shall provide observation and testing services and shall make evaluations to advise the client on geotechnical matters. The geotechnical consultant shall report findings and recommendations to the client or the client's authorized representative. 2.4. Prior to proceeding with any grading operations, the geotechnical consultant shall be notified two working days in advance to schedule the needed observation and testing services. 104600002 Eanhworlc.doc 2 Rev. 12/0S c Alga Norte Community Park Carlsbad, California AppendixE Project No. 104600002 2.4.1. Prior to any significant expansion or reduction in the grading operation, the geotechnical consultant shall be provided with two working days notice to make appropriate adjustments in scheduling of on-site personnel 2.4.2. Between phases of grading operations, the geotechnical consultant shall be provided with two working days notice in advance of commencement of ad- ditional grading operations. 3. SITE PREPARATION Site preparation shall be performed in accordance with the recommendations presented in the following sections. 3.1. The client, prior to any site preparation or grading, shall arrange and attend a pre-grading meeting between the grading contractor, the design engineer, the geo- technical consultant, and representatives of appropriate governing authorities, as well as any other involved parties. The parties shall be given two working days no- tice. 3.2. Clearing and grubbing shall consist of the substantial removal of vegetation, brush, grass, wood, stumps, trees, tree roots greater than 1/2-inch in diameter, and other deleterious materials from the areas to be graded. Clearing and grubbing shall ex- tend to the outside of the proposed excavation and fill areas. 3.3. Demolition in the areas to be graded shall include removal ofbuilding structures, foun- dations, reservoirs, utilities (including underground pipelines, septic tanks, leach fields, seepage pits, cisterns, etc.), and other manmade surface and subsurface improvements, and the backfilling of mining shafts, tunnels and surface depressions. Demolition of utilities shall include capping or rerouting of pipelines at the project perimeter, and abandonment of wells in accordance with the requirements of the governing authorities and the recommendations of the geotechnical consultant at the time of demolition. 3.4. The debris generated during clearing, grubbing and/or demolition operations shall be removed from areas to be graded and disposed of off site at a legal dump site. Clearing, grubbing, and demolition operations shall be performed under the obser- vation of the geotechnical consultant. 3.5. The ground surface beneath proposed fill areas shall be stripped ofloose or unsuit- able soil. These soils may be used as compacted fill provided they are generally free of organic or other deleterious materials and evaluated for use by the geotech- nical consultant. The resulting surface shall be evaluated by the geotechnical consultant prior to proceeding. The cleared, natural ground surface shall be scari- 104600002 Earthworluloc 3 Rev. 12/0S c Alga Norte Community Park Carlsbad, California Appendix E ProjectNo. 104600002 fied to a depth of approximately 8 inches, moisture conditioned, and compacted in accordance with the specifications presented in Section 5 of these guidelines. 3.6. Where fills are to be constructed on hillsides or slopes, topsoil, slope wash, collu- vium, and other materials deemed unsuitable shall be removed. Where the exposed slope is steeper than 5 horizontal units to 1 vertical unit, or where recommended by the geotechnical consultant, the slope of the original ground on which the fill is to be placed shall be benched and a key as shown on Figure A of this document shall be provided by the contractor in accordance with the specifications presented in Section 7 of this document. The benches shall extend into the underlying bedrock or, where bedrock is not present, into suitable compacted fill as evaluated by the geotechnical consultant. 4. REMOVALS AND EXCAVATIONS Removals and excavations shall be performed as recommended in the following sections. 4.1. Removals 4.1.1. Materials which are-considered unsuitable shall be excavated under the ob- servation of the geotechnical consultant in accordance with the recommendations contained herein. Unsuitable materials include, but may not be limited to, dry, loose, soft, wet, organic, compressible natural soils, frac- tured, weathered, soft bedrock, and undocumented or otherwise deleterious fill materials. 4.1.2. Materials deemed by the geotechnical consultant to be unsatisfactory due to moisture conditions shall be excavated in accordance with the recommenda- tions of the geotechnical consultant, watered or dried as needed, and mixed to a generally uniform moisture content in accordance with the specifications presented in Section 5 of this document. 4.2. Excavations 1~2 Eorthwork.doc 4.2.1. Temporary excavations no deeper than 5 feet in firm fill or natural materials may be made with vertical side slopes. To satisfy CAL OSHA requirements, any excavation deeper than 5 feet shall be shored or laid back at a 1:1 (hori- zontal:vertical) inclination or flatter, depending on material type, if construction workers are to enter the excavation. 4 Rev. 12/0S c Alga Norte Community Park Carlsbad, California 5. COMPACTED FILL Appendix E Project No. 104600002 Fill shall be constructed as specified below or by other methods recommended by the geotechni- cal consultant. Unless otherwise specified, fill soils shall be compacted to 90 percent relative compaction, as evaluated in accordance withASTM Test Method D 1557. 5.1. Prior to placement of compacted fill, the contractor shall request an evaluation of the exposed ground surface by the geotechnical consultant. Unless otherwise rec- ommended, the exposed ground surface shall then be scarified to a depth of approximately 8 inches and watered or dried, as needed, to achieve a generally uni- form moisture content at or near the optimum moisture content. The scarified materials shall then be compacted to 90 percent relative compaction. The evalua- tion of compaction by the geotechnical consultant shall not be considered to preclude any requirements for observation or approval by governing agencies. It is the contractor's responsibility to notify the geotechnical consultant and the appro- priate governing agency when project areas are ready for observation, and to provide reasonable time for that review. 5.2. Excavated on-site materials which are in general compliance with the recommenda- tions of the geotechnical consultant may be utilized as compacted fill provided they are generally free of organic or other deleterious materials and do not contain rock fragments greater than 6 inches in dimension. During grading, the contractor may encounter soil types other than those analyzed during the preliminary geotechnical study. The geotechnical consultant shall be consulted to evaluate the suitability of any such soils for use as compacted fill. 5.3. Where imported materials are to be used on site, the geotechnical consultant shall be notified three working days in advance of importation in order that it may sam- ple and test the materials from the proposed borrow sites. No imported materials shall be delivered for use on site without prior sampling, testing, and evaluation by the geotechnical consultant. 5.4. Soils imported for on-site use shall preferably have very low to low expansion po- tential (based on UBC Standard 18-2 test procedures). Lots on which expansive soils may be exposed at grade shall be undercut 3 feet or more and capped with very low to low expansion potential fill. Details of the undercutting are provided in the Transition and Undercut Lot Details, Figure B of these guidelines. In the event expansive soils are present near the ground surface, special design and construction considerations shall be utilized in general accordance with the recommendations of the geotechnical consultant. 5.5. Fill materials shall be moisture conditioned to near optimum moisture content prior to placement. The optimum moisture content will vary with material type and other I 041500002 Eallhwork.doc 5 Rev. 12/0S c Alga Norte Community Park Carlsbad, California AppendixE ProjectNo. 104600002 factors. Moisture conditioning of fill.soils shall be generally uniform in the soil mass. 5.6. Prior to placement of additional compacted fill material following a delay in the grading operations, the exposed surface of previously compacted fill shall be pre- pared to receive fill. Preparation may include scarification, moisture conditioning, and recompaction. 5.7. Compacted fill shall be placed in horizontal lifts of approximately 8 inches in loose thickness. Prior to compaction, each lift shall be watered or dried as needed to achieve near optimum moisture condition, mixed, and then compacted by mechani- cal methods, using sheepsfoot rollers, multiple-wheel pneumatic-tired rollers, or other appropriate compacting rollers, to the specified relative compaction. Succes- sive lifts shall be treated in a like manner until the desired fmished grades are achieved. 5.8. Fill shall be tested in the field by the geotechnical consultant for evaluation of gen- eral compliance with the recommended relative compaction and moisture conditions. Field density testing shall conform to ASTM D 1556-00 (Sand Cone method), D 2937-00 (Drive-Cylinder method), and/or D 2922-96 and D 3017-96 (Nuclear Gauge method). Generally, one test shall be provided for approximately every 2 vertical feet of fill placed, or for approximately every 1,000 cubic yards of fill placed. In addition, on slope faces one or more tests shall be taken for approxi- mately every 10,000 square feet of slope face and/or approximately every 10 vertical feet of slope height. Actual test intervals may vary as field conditions dic- tate. Fill found to be out of conformance with the grading recommendations shall be removed, moisture conditioned, and compacted or otherwise handled to accom- plish general compliance with the grading recommendations. 5.9. The contractor shall assist the geotechnical consultant by excavating suitable test pits for removal evaluation and/or for testing of compacted fill. 5.10. At the request ofthe geotechnical consultant, the contractor shall "shut down" or restrict grading equipment from operating in the area being tested to provide ade- quate testing time and safety for the field technician. 5.11. The geotechnical consultant shall maintain a map with the approximate locations of field density tests. Unless the client provides for surveying of the test locations, the locations shown by the geotechnical consultant will be estimated. The geotechnical consultant shall not be held responsible for the accuracy of the horizontal or verti- callocation or elevations. 5.12. Grading operations shall be performed under the observation of the geotechnical consultant. Testing and evaluation by the geotechnical consultant does not preclude the need for approval by or other requirements of the jurisdictional agencies. 104600002 Earthworkdoc 6 Rev. 12/0S c Alga Norte Community Park Carlsbad, California Appendix E Project No. 104600002 5.13. Fill materials shall not be placed, spread or compacted during unfavorable weather conditions. When work is interrupted by heavy rains, the filling operation shall not be resumed until tests indicate that moisture content and density of the fill meet the project specifications. Regrading of the near-surface soil may be needed to achieve the specified moisture content and density. 5.14. Upon completion of grading and termination of observation by the geotechnical consultant, no further filling or excavating, including that planned for footings, foundations, retaining walls or other features, shall be performed without the in- volvement of the geotechnical consultant. 5.15. Fill placed in areas not previously viewed and evaluated by the geotechnical con- sultant may have to be removed and recompacted at the contractor's expense. The depth and extent of removal of the unobserved and undocumented fill will be de- cided based upon review of the field conditions by the geotechnical consultant. 5.16. Off-site fill shall be treated in the same manner as recommended in these specifica- tions for on-site fills. Off-site fill subdrains temporarily terminated (up gradient) shall be surveyed for future locating and connection. 5.17. Prior to placement of a canyon fill, a subdrain shall be installed in bedrock or com- pacted fill along the approximate alignment of the canyon bottom if recommended by the geotechnical consultant. Details of subdrain placement and configuration have been provided in the Canyon Subdrain Detail, Figure C, ofthese guidelines. 5.18. Transition (cut/fill) lots shall generally be undercut 3 feet or more below finished grade to provide a generally uniform thickness of fill soil in the pad area. Where the depth of fill on a transition lot greatly exceeds 3 feet, overexcavation may be in- creased at the discretion of the geotechnical consultant. Details of the undercut for transition lots are provided in the Transition and Undercut Lot Detail, Figure B, of these guidelines. 6. OVERSIZED MATERIAL Oversized material shall be placed in accordance with the following recommendations. 6.1. During the course of grading operations, rocks or similar irreducible materials greater than 6 inches in dimension (oversized material) may be generated. These materials shall not be placed within the compacted fill unless placed in general ac- cordance with the recommendations of the geotechnical consultant. 6.2. 104600002 Barthwork.doc Where oversized rock (greater than 6 inches in dimension) or similar irreducible material is generated during grading, it is recommended, where practical, to waste such material off site, or on site in areas designated as ''nonstructural rock disposal 7 Rev. 12/0S Alga Norte Community Park Carlsbad, California Appendix E Project No. 104600002 areas." Rock designated for disposal areas shall be placed with sufficient sandy soil to generally fill voids. The disposal area shall be capped with a 5-foot thickness of fill which is generally free of oversized material. 6.3. Rocks 6 inches in dimension and smaller may be utilized within the compacted fill, provided they are placed in such a manner that nesting of rock is not permitted. Fill shall be placed and compacted over and around the rock. The amount of rock greater than 3/4-inch in dimension shall generally not exceed 40 percent of the total dry weight of the fill mass, unless the fill is specially designed and constructed as a ''rock fill." 6.4. Rocks or similar irreducible materials greater than 6 inches but less than 4 feet in dimension generated during grading may be placed in windrows and capped with finer materials in accordance with the recommendations of the geotechnical con- sultant, the approval of the governing agencies, and the Oversized Rock Placement Detail, Figure D, of these guidelines. Selected native or imported granular soil (Sand Equivalent of 30 or higher) shall be placed and flooded over and around the windrowed rock such that voids are filled. Windrows of oversized materials shall be staggered so that successive windrows of oversized materials are not in the same vertical plane. Rocks greater than 4 feet in dimension shall be broken down to 4 feet or smaller before placement, or they shall be disposed of off site. 7. SLOPES The following sections provide recommendations for cut and fill slopes. 7.1. Cut Slopes 104600002 Earthworlc.cloc 7 .1.1. Unless otherwise recommended by the geotechnical consultant and accepted by the building official, pennanent cut slopes shall not be steeper than 2: l (horizontal:vertical). The recommended height of a cut slope shall be evalu- ated by the geotechnical consultant. Slopes in excess of 30 feet high shall be provided with terrace drains ( swales) in accordance with the recommenda- tions presented in the Uniform Building Code, Section 3315 and the details provided in Figure E of these guidelines. 7.1.2. The geotechnical consultant shall observe cut slopes during excavation. The geotechnical consultant shall be notified by the contractor prior to beginning slope excavations. 7.1.3. If excavations for cut slopes expose loose, cohesionless, significantly frac- tured, or otherwise unsuitable materials, overexcavation of the unsuitable material and replacement with a compacted stabilization fill shall be evalu- ated and may be recommended by the geotechnical consultant. Unless 8 Rev. 12/0S c Alga Norte Community Park Carlsbad, California Appendix E Project No. 104600002 otherwise specified by the geotechnical consultant, stabilization fill construc- tion shall be in general accordance with the details provided on Figure F of these guidelines. 7 .1.4. If, during the course of grading, adverse or potentially adverse geotechnical conditions are encountered in the slope which were not anticipated in the pre- liminary evaluation report, the geotechnical consultant shall evaluate the conditions and provide appropriate recommendations. 7.2. Fill Slopes 104600002 Eartb.wod<.dllc 7.2.1. When placing fill. on slopes steeper than 5:1 (horizontal:vertical), topsoil, slope wash, colluvium, and other materials deemed unsuitable shall be re- moved. Near-horizontal keys and near-vertical benches shall be excavated into sound bedrock or firm fill material, in accordance with the recommenda- tion of the geotechnical consultant. Keying and benching shall be accomplished in general accordance with the details provided on Figure A of these guidelines. Compacted fill shall not be placed in an area subsequent to keying and benching until the area has been observed by the geotechnical consultant. Where the natural gradient of a slope is less than 5:1, benching is generally not recommended. However, fill shall not be placed on compressi- ble or otherwise unsuitable materials left on the slope face. 7.2.2. Within a single fill area where grading procedures dictate two or more sepa- rate fills, temporary slopes (false slopes) may be created. When placing fill adjacent to a temporary slope, benching shall be conducted in the manner de- scribed in Section 7.2.1. A 3-foot or higher near-vertical bench shall be excavated into the documented fill prior to placement of additional fill. 7.2.3. Unless otherwise recommended by the geotechnical consultant and by the building official, pennanent fill slopes shall not be steeper than 2:1 (horizon- tal:vertical). The height of a fill slope shall be evaluated by the geotechnical consultant. Slopes in excess of 30 feet high shall be provided with terrace drains (swales) and backdrains in accordance with the recommendations pre- sented in the Uniform Building Code, Section 3315 and the details provided in Figure E of these guidelines. 7.2.4. Unless specifically recommended otherwise, compacted fill slopes shall be overbuilt and cut back to grade, exposing firm compacted fill. The actual amount of overbuilding may vary as field conditions dictate. If the desired re- sults are not achieved, the existing slopes shall be overexcavated and reconstructed in accordance with the recommendations of the geotechnical consultant. The degree of overbuilding may be increased until the desired compacted slope face condition is achieved. Care shall be taken by the con- 9 Rev. 12105 c Alga Norte Community Park Carlsbad, California Appendix E · Project No. 104600002 tractor to provide mechanical compaction as close to the outer edge of the ovetbuilt slope surface as practical. 7.2.5. If access restrictions, property line location, or other constraints limit over- building and cutting back of the slope face, an alternative method for compaction of the slope face may be attempted by conventional construction procedures including backrolling at intervals of 4 feet or less in vertical slope height, or as dictated by the capability of the available equipment, whichever is less. Fill slopes shall be backrolled utilizing a conventional sheeps foot-type roller. Care shall be taken to maintain the specified moisture condi- tions and/or reestablish the same, as needed, prior to backrolling .. 7.2.6. The placement, moisture conditioning and compaction of fill slope materials shall be done in accordance with the recommendations presented in Sec- tion 5. of these guidelines. 7 .2. 7. The contractor shall be ultimately responsible for placing and compacting the soil out to the slope face to obtain a relative compaction of 90 percent as evaluated by ASTM D 1557 and a moisture content in accordance with Sec- tion 5. The geotechnical consultant shall perform field moisture and density tests at intervals of one test for approximately every 10,000 square feet of slope face and/or approximately every I 0 feet of vertical height of slope. 7.2.8. Backdrains shall be provided in fill slopes in accordance with the details pre- sented on Figure A of these guidelines, or as recommended by the geotechnical consultant. 7.3. Top-of-Slope Drainage 7.3.1. For pad areas above slopes, positive drainage shall be established away from the top of slope. This may be accomplished utilizing a berm and pad gradient of 2 percent ot steeper at the top-of-slope areas. Site runoff shall not be per- mitted to flow over the tops of slopes. 7.3.2. Gunite-lined brow ditches shall be placed at the top of cut slopes to redirect surface runoff away from the slope face where drainage devices are not oth- erwise provided. 7 .4. Slope Maintenance I 04600002 Earthwork. doc 7.4.1. In order to enhance surficial slope stability, slope planting shall be accom- plished at the completion of grading. Slope plants shall consist of deep- rooting, variable root depth, drought-tolerant vegetation Native vegetation is generally desirable. Plants native to semiarid and arid areas may also be ap- propriate. Large-leafed ice plant should not be used on slopes. A landscape 10 Rev. 12/0S c Alga Norte Community Park Carlsbad, California Appendix E Project No. 104600002 architect shall be consulted regarding the actual types of plants and planting configuration to be used. 7.4.2. Irrigation pipes shall be anchored to slope faces and not placed in trenches excavated into slope faces. Slope irrigation shall be maintained at a level just sufficient to support plant growth. Property owners shall be made aware that over watering of slopes is detrimental to slope stability. Slopes shall be moni- tored regularly and broken sprinkler heads and/or pipes shall be repaired immediately. 7.4.3. Periodic observation oflandscaped slope areas shall be planned and appropri- ate measures taken to enhance growth oflandscape plants. 7.4.4. Graded swales at the top of slopes and terrace drains shall be installed and the property owners notified that the drains shall be periodically checked so that they may be kept clear. Damage to drainage improvements shall be repaired immediately. To reduce siltation, terrace drains shall be constructed at a gra- dient of 3 percent or steeper, in accordance with the recommendations of the project civil engineer. 7.4.5. If slope failures occur, the geotechnical consultant shall be contacted immedi- ately for field review of site conditions and development of recommendations for evaluation and repair. 8. TRENCH BACKF1LL The following sections provide recommendations for backfilling of trenches. 8.1. Trench backfill shall consist of granular soils (bedding) extending from the trench bottom to 1 or more feet above the pipe. On-site or imported fill which has been evaluated by the geotechnical consultant may be used above the granular backfill. The cover soils directly in contact with the pipe shall be classified as having a very low expansion potential, in accordance with UBC Standard 18-2, and shall contain no rocks or chunks ofhard soil larger than 3/4-inch in diameter. 8.2. Trench backfill shall, unless otherwise recommended, be compacted by mechanical means to 90 percent relative compaction as evaluated in accordance with ASTM D 1557. Backfill soils shall be placed in loose lifts 8-inches thick or thinner, mois- ture conditioned, and compacted in accordance with the recommendations of Section 5. of these guidelines. The backfill shall be tested by the geotechnical con- sultant at vertical intervals of approximately 2 feet of backfill placed and at spacings along the trench of approximately 100 feet in the same lift. 104600002 Eanhwork.doc 11 Rev. t:!ltlS Alga Norte Community Park Carlsbad, California Appendix E Project No. 104600002 8.3. Jetting of trench backfill materials is generally not a recommended method of den- sification, unless the on-site soils are sufficiently free-draining and provisions have been made for adequate dissipation of the water utilized in the jetting process. 8.4. If it is decided that jetting may be utilized, granular material with a sand equivalent greater than 30 shall be used for backfilling in the areas to be jetted. Jetting shall generally be considered for trenches 2 feet or narrower in width and 4 feet or shal- lower in depth. Following jetting operations, trench backfill shall be mechanically compacted to the specified compaction to finish grade. 8.5. Trench backfill which underlies the zone of influence of foundations shall be me- chanically compacted to 90 percent relative compaction, as evaluated in accordance with ASTM D 1557. The zone of influence of the foundations is generally defined as the roughly triangular area within the limits of a 1:1 projection from the inner and outer edges of the foundation, projected down and out from both edges. 8.6. Trench backfill within slab areas shall be compacted by mechanical means to a relative compaction of 90 percent relative compaction, as evaluated in accordance with ASTM D 1557. For minor interior trenches, density testing may be omitted or spot testing may be performed, as deemed appropriate by the geotechnical consult- ant. 8. 7. When compacting soil in close proximity to utilities, care shall be taken by the grading contractor so that mechanical methods used to compact the soils do not damage the utilities. If the utility contractors indicate that it is undesirable to use compaction equipment in close proximity to a buried conduit, then the grading con- tractor may elect to use light mechanical compaction equipment or, with the approval of the geotechnical consultant, cover the conduit with clean granular ma- terial. These granular materials shall be jetted in place to the top of the conduit in accordance with the recommendations of Section 8.4 prior to initiating mechanical compaction procedures. Other methods of utility trench compaction may also be appropriate, upon review by the geotechnical consultant and the utility contractor, at the time of construction. 8.8. Clean granular backfill and/or bedding materials are not recommended for use in slope areas unless provisions are made for a drainage system to mitigate the poten- tial for buildup of seepage forces or piping of backfill materials. 8.9. The contractor shall exercise the specified safety precautions, in accordance with OSHA Trench Safety Regulations, while conducting trenching operations. Such precautions include shoring or laying back trench excavations at 1:1 or flatter, de- pending on material type, for trenches in excess of 5 feet in depth. The geotechnical consultant is not responsible for the safety of trench operations or stability of the trenches. 104600002 Eanbwooic.doc 12 Rev. 12/0S Alga Norte Community Park Carlsbad, California 9. DRAINAGE Appendix E Project No. 104600002 The following sections provide recommendations pertaining to site drainage. 9 .1. Canyon sub drain systems recommended by the geoteclmical consultant shall be in- stalled in accordance with the Canyon Subdrain Detail, Figure C, provided in these guidelines. Canyon subdrains shall be installed to conform to the approximate alignment and details shown on project plans. The actual subdrain location shall be evaluated by the geotechnical consultant in the field during grading. Materials specified in the attached Canyon Subdrain Detail shall not be changed or modified unless so recommended by the geotechnical consultant. Subdrains shall be sur- veyed by a licensed land surveyor/civil engineer for line and grade after installation. Sufficient time shall be allowed for the surveys prior to commence- ment of filling over the subdrains. 9.2. Typical backdrains for stability, side hill, and shear key fills shall be installed in accordance with the details provided on Figure A, Figure F, and Figure G of these guidelines. 9.3. Roof, pad, and slope drainage shall be such that it is away from slopes and struc- tures to suitable discharge areas by nonerodible devices (e.g., gutters, downspouts, concrete swales, etc.). 9.4. Positive drainage adjacent to structures shall be established and maintained. Posi- tive drainage may be accomplished by providing drainage away from the foundations of the structure at a gradient of 2 percent or steeper for a distance of 5 feet or more outside the building perimeter, further maintained by a graded swale leading to an appropriate outlet, in accordance with the recommendations of the project civil engineer and/or landscape architect. 9.5. Surface drainage on the site shall be provided so that water is not permitted to pond. A gradient of 2 percent or steeper shall be maintained over the pad area and drainage patterns shall be established to remove water from the site to an appropri- ate outlet. 9.6. Care shall be taken by the contractor during finish grading to preserve any berms, drainage terraces, interceptor swales or other drainage devices of a permanent na- ture on or adjacent to the property. Drainage patterns established at the time of finish grading shall be maintained for the life of the project. Property owners shall be made very clearly aware that altering drainage patterns may be detrimental to slope stability and foundation performance. 104600002 Jlarthwork.doc 13 Rev. 12/05 Alga Norte Community Park Carlsbad, California 10. SITE PROTECTION The site shall be protected as outlined in the following sections. Appendix E Project No. 104600002 1 0.1. Protection of the site during the period of grading shall be the responsibility of the contractor unless other provisions are made in writing and agreed upon among the . concerned parties. Completion of a portion of the project shall not be considered to preclude that portion or adjacent areas from the need for site protection, until such time as the project is finished as agreed upon by the geotechnical consultant, the client, and the regulatory agency. 10.2. The contractor is responsible for the stability of temporary excavations. Recom- mendations by the geotechnical consultant pertaining to temporary excavations are made in consideration of stability of the finished project and, therefore, shall not be considered to preclude the responsibilities of the contractor. Recommendations by the geotechnical consultant shall also not be considered to preclude more restrictive requirements by the applicable regulatory agencies. 10.3. Precautions shall be taken during the performance of site clearing, excavation, and grading to protect the site from flooding, ponding, or inundation by surface runoff. Temporary provisions shall be made during the rainy season so that surface runoff is away from and off the working site. Where low areas cannot be avoided, pumps shall be provided to remove water as needed during periods of rainfall. 1 0.4. During periods of rainfall, plastic sheeting shall be used as needed to reduce the po- tential for unprotected slopes to become saturated. Where needed, the contractor shall install check dams, desilting basins, riprap, sandbags or other appropriate de- vices or methods to reduce erosion and provide the recommended conditions during inclement weather. 10.5. During periods of rainfall, the geotechnical consultant shall be kept infonned by the contractor of the nature of remedial or precautionary work being performed on site (e.g., pumping, placement of sandbags or plastic sheeting, other labor, dozing, etc.). 10.6. Following periods of rainfall, the contractor shall contact the geotechnical consult- ant and arrange a walk-over of the site in order to visually assess rain-related damage. The geotechnical consultant may also recommend excavation and testing in order to aid in the evaluation. At the request of the geotechnical consultant, the contractor shall make excavations in order to aid in evaluation of the extent of rain-related damage. 10.7. Rain-or irrigation-related damage shall be considered to include, but may not be limited to, erosion, silting, saturation, swelling, structural distress, and other ad- verse conditions noted by the geotechnical consultant. Soil adversely affected shall be classified as "Unsuitable Material" and shall be subject to overexcavation and 104600002 Earthworlc.doc 14 Rev. 12105 Alga Norte Conununity Park Carlsbad, California AppendixE Project No. 104600002 replacement with compacted fill or to other remedial grading as reconunended by the geotechnical consultant. 1 0.8. Relatively level areas where saturated soils and/or erosion gullies exist to depths greater than 1 foot shall be overexcavated to competent materials as evaluated by the geotechnical consultant. Where adverse conditions extend to less than 1 foot in depth, saturated and/or eroded materials may be processed in-place. Overexcavated or in-place processed materials shall be moisture conditioned and compacted in ac- cordance with the recommendations provided in Section 5. If the desired results are not achieved, the affected materials shall be overexcavated, moisture conditioned, and compacted until the specifications are met. 10.9. Slope areas where saturated soil and/or erosion gullies exist to depths greater than 1 foot shall be overexcavated and replaced as compacted fill in accordance with the applicable specifications. Where adversely affected materials exist to depths of 1 foot or less below proposed finished grade, remedial grading by moisture condi- tioning in-place and compaction in accordance with the appropriate specifications may be attempted. If the desired results are not achieved, the affected materials shall be overexcavated, moisture conditioned, and compacted until the specifica- tions are met. As conditions dictate, other slope repair procedures may also be reconunended by the geotechnical consultant. 10.10. During construction, the contractor shall grade the site to provide positive drainage away from structures and to keep water from ponding adjacent to structures. Water shall not be allowed to damage adjacent properties. Positive drainage shall be main- tained by the contractor until permanent drainage and erosion reducing devices are installed in accordance with project plans. !04600002 Earthworlr..doc 15 Rev. 12/0S Alga Norte Community Park Carlsbad, California 11. DEFINITIONS OF TERMS ALLUVIUM: AS-GRADED (AS-BUILn: BACKCUT: BACKDRAIN: BEDROCK: BENCH: BORROW (IMPORn: BUTTRESS FILL: CNIL ENGINEER: CLIENT: COLLUVIUM: COMPACTION: 104600002 Earthwork.doc Appendix£ Project No. 104600002 Unconsolidated detrital deposits deposited by flowing water; includes sediments deposited in river beds, canyons, flood plains, lakes, fans at the foot of slopes, and in estuaries. The site conditions upon completion of grading. A temporary construction slope at the rear of earth-retaining structures such as buttresses, shear keys, stabilization fills, or retaining walls. Generally a pipe-and-gravel or similar drainage system placed behind earth-retaining structures such as buttresses, stabilization fills, and retaining walls. Relatively undisturbed in-place rock, either at the surface or beneath surficial deposits of soil. A relatively level step and near-vertical riser excavated into sloping ground on which fill is to be placed. Any fill material hauled to the project site from off-site areas. A fill mass, the configuration of which is designed by engi- neering calculations, to retain slopes containing adverse geologic features. A buttress is generally specified by a key width and depth and by a backcut angle. A buttress nonnally contains a back drainage system. The Registered Civil Engineer or consulting finn responsible for preparation of the grading plans and surveying, and evaluating as-graded topographic conditions. The developer or a project-responsible authorized represen- tative. The client has the responsibility of reviewing the findings and recommendations made by the geotechnical consultant and authorizing the contractor and/or other con- sultants to perfonn work and/or provide services. Generally loose deposits, usually found on the face or near the base of slopes and brought there chiefly by gravity through slow continuous downhill creep (see also Slope Wash). The densification of a fill by mechanical means. 16 llcv. 1211)5 Alga Norte Community Park Carlsbad, California AppendixE Project No. 104600002 CONTRACTOR: A person or company under contract or otherwise retained by the client to perform demolition, grading, and other site improvements. DEBRIS: The products of clearing, grubbing, and/or demolition, or contaminated soil material unsuitable for reuse as compacted fill, and/or any other material so designated by the geotech- nical consultant. ENGINEERED FILL: A fill which the geotechnical consultant or the consultant's representative has observed and/or tested during placement, enabling the consultant to conclude that the fill has been placed in substantial compliance with the recommendations of the geotechnical consultant and the governing agency re- quirements. ENGINEERING GEOLOGIST: A geologist registered by the state licensing agency who ap- plies geologic knowledge and principles to the exploration and evaluation of naturally occurring rock and soil, as re- lated to the design of civil works. EROSION: The wearing away of the ground surface as a result of the movement of wind, water, and/or ice. EXCAVATION: The mechanical removal of earth materials. EXISTING GRADE: The ground surface configuration prior to grading; original grade. FilL: Any deposit of soil, rock, soil-rock blends, or other similar materials placed by man. FINISH GRADE: The as-graded ground surface elevation that conforms to the grading plan. GEOFABRIC: An engineering textile utilized in geotechnical applications such as subgrade stabilization and filtering. GEOTECHNICAL CONSULTANT: The geotechnical engineering and engineering geology con- sulting firm retained to provide technical services for the project. For the pwpose of these specifications, observations by the geotechnical consultant include observations by the geotechnical engineer, engineering geologist and other per- sons employed by and responsible to the geotechnical consultant. 104600002 Earthwork. doc 17 Rev. 12/0S Alga Norte Community Park Carlsbad, California GEOTECHNICAL ENGINEER: GRADING: LANDSLIDE DEPOSITS: OPTIMUM MOISTURE: RELATNE COMPACTION: ROUGH GRADE: SHEAR KEY: SITE: SLOPE: SLOPE WASH: SLOUGH: SOIL: I 04600002 Earthwork. doc AppendixE Project No. 104600002 A licensed civil engineer and geotechnical engineer, regis- tered by the state licensing agency, who applies scientific methods, engineering principles, and professional experience to the acquisition, interpretation, and use of knowledge of materials of the earth's crust to the resolution of engineering problems. Geotechnical engineering encompasses many of the engineering aspects of soil mechanics, rock mechanics, geology, geophysics, hydrology, and related sciences. Any operation consisting of excavation, filling, or combina- tions thereof and associated operations. Material, often porous and of low density, produced from instability of natural or manmade slopes. The moisture content that is considered optimum to compac- tion operations. The degree of compaction (expressed as a percentage) of a material as compared to the dry density obtained from ASTMtestmethodD 1557. The ground surface configuration at which time the surface elevations approximately conform to the approved plan. Similar to a subsurface buttress; however, it is generally con- structed by excavating a slot within a natural slope in order to stabilize the upper portion of the slope without encroach- ing into the lower portion ofthe slope. The particular parcel of land where grading is being per- formed. An inclined ground surface, the steepness of which is gener- ally specified as a ratio of horizontal units to vertical units. Soil and/or rock material that has been transported down a slope by gravity assisted by the action of water not confined to channels (see also Colluvium). Loose, uncompacted fill material generated during grading operations. Naturally occurring deposits of sand, silt, clay, etc., or com- binations thereof. 18 !lev. 12105 c Alga Norte Community Park Carlsbad, California STABILIZATION FILL: SUBDRAIN: TAILINGS: TERRACE: TOPSOIL: WINDROW: 104600002 Earthwork-doc Appendix£ Project No. 104600002 A fill mass, the configuration of which is typically related to slope height and is specified by the standards of practice for enhancing the stability of locally adverse conditions. A stabi- lization fill is normally specified by a key width and depth and by a backcut angle. A stabilization fill may or may not have a back drainage system specified. Generally a pipe-and-gravel or similar drainage system placed beneath a fill along the alignment of buried canyons or former drainage channels. Non-engineered fill which accumulates on or adjacent to equipment haul roads. A relatively level bench constructed on the face of a graded slope surface for drainage and maintenance purposes. The upper zone of soil or bedrock materials, which is usually dark in color, loose, and contains organic materials. A row of large rocks buried within engineered fill in accor- dance with guidelines set forth by the geotechnical consultant. 19 R.ev. 12/0S Alga Norte Community Park Carlsbad, California FILL SLOPE. OVER NATURAL GROUND NATU~L GROUND BACI(QRAIK . AND T -CONNE.CTfON' (SEE QljAIN. DETAIL, FIGURE G). FILL SLOPE OVER CUT OUT$ PIPE :~NS TO A ·SUITAl!LE OI.!TI.Ef 'IN ·j\~OijflANCE WITH THE ·RECOMMENI);(TIONS ·or THE Cf\IJL ENGINEER MOTES: CUT SlllPE SHAll-BE CONSTRUCTED PRIOR TO l'lAcEt.IENT OF fill. Appendix E Project No. 104600002 ·SWAU: AT TOJ> OF SlOPE SWA.LE .AT TOP QF SLOPE SLOPE Df!A.IIjA(1[ SHOIJLD BE PRO\'IPED II( ~C!lOIWAf'ICE WITH REI;DMMEI'jOATIO!!$ !'RESENTED :oN FIGURE_ E 104600002 Eartbworlc.doc NOT TO SCALE FLL SLOPE OVER NATURAL GROUND OR ·CUT .. .flGI.fiE A c Alga Norte Community Park Carlsbad, California Appendix E Project No. 104600002 TRANSITION (CUT-FILL) LOT T -OVE!tEXQ(<VAtE; AND R.ECOMP.Act BEDROCK OR COMPtTENT MATERIAL, f ,..-----AS EVALUATED BY THE __.., / GEOTECHNICAL CONSULTANT ~ NATURAL G.ROUND UNOERGUT LOT _,... ~- _,.... ./' / 3• MIN. T OVEREXCAVATE AND RECOI.IPACf BEDROCk OR COMPETENT MATE::RIAL, ~ ___-AS EVALUATED BY THE ___...,. / GEOTECHNICAL CONSUL.TANT NOT£: llll.tENSio~ PRO\IIQED IN TH£ D£TAU:,s-ABQY£ ~ ~P!>ROXIt.iAlt AN.O MAY BE MODIFIED IN TH~ FiELD BY THE G[O'!'ECHNICAL CONSULTANT AS· CONblnPN$ DICTA~·. . . ijOT TO. S.C.ALE 104600002 Earthwork.doc c Alga Norte Community Park Carlsbad, California NATUR,&;l GROUND SEE riGURE. A F.OR DETAilS OF BENCHES CANYON SUBDRAIN COMPACTED FILL ---·-·--\ REMOVE ""'---UNSUITABLE MATE:RfAL AppendixE Project No. 104600002 BEDROCK OR '\ COMPETENT .MATERIAL,, ) f:.. AS EVALUATED BY THE . ._) GEOTECHNICAL CONSI;JLTANT LOWEST BENCH I.NCLiNED TOWi;RD D,RAIN SUIIORAIN (SEE .DRAIN DETAIL, FIGURE G) DETAIL OF CANYON SUBDAAiN TERMINATION sUBDRAIN PIPE OIJTLET PIP£ DAAI~ TO A MABLE OUTLET IN o\C.C¢RDANCE WITH T\iE REC!)WI.IENQAT;IONS OF THE CIVIL 'ENGINEER I 04600002 Earthwork. doe NOT TO SCALE CANYON SUBDRAIN DETAIL ·~c Alga Norte Community Park Carlsbad, California Appendix E Project No. 104600002 WINDROW SECTION 30 S.E. SOIL {FLOODED) I "'---=-~ t --~-L..:-.::- PAD SECTION fiNIS}! GRADE sTREET ZONE A MATERIAL 5' MIN. BEORQCK OR COMPETENT MATERIAL AS EVALUATED BY GEOTECHNICAL CONSULTANT ZONE A: COMPACTED FilL WITH ROCK FRAGiotENlS NO. GREATER THAN 8 INCHES IN DIAMETER. ZONE B: COIIPACT£0 FilL. WITH ROCK F'RAOIIENTS BEtWEEN 6 .liND 48 INCHES Ill! DIAMETER WAY liE PUCED IN STAcGERED WINDiiOwS UP TO 100' LONG Ill 'IMI~ ZONE ~D SI,IRRQYIIPED BY GRANULAR SOIL (30 .S4NO EQUIVALENT) ·OENSIF'IED BY FLOODING. ROCK FRAGioiENTS. lESS THAN .il INCHES IN DIM!ETER MAY 8£ PLACED IN COMPACTED FilL SOIL. NOTE: SLOPE DRAINAGE SHOUL!> BE PROVIDED IN AcCORDANCE WITH R[COiiU.IENDA noNS PRESENTED ON F1GURE E. NOT TO SCALE 104600002 Eartlrwork.doe OVERSIZED ROCK PLACEMENT DETAIL FIGliiE D c Alga Norte Community Park Carlsbad, California Appendix E Project No. 104600002 SWALE AT TOP OF SLOPE MID-SLOPE BACKDRAIN. (SEE DRAIN DETAIL. fiGURE G) ---~ NON..,:PERF"ORATED OUTLET PIPE TERRACE WIDTH* -----, 2X - NAXIIAUM VERTICAL S_LQPE HEIGHJ", H (fEEl) LESS THAN 3D 60 l20 GREATtR. THAN 120 !IEDROC!< ()R cOMPETENJ MATERIAL .AS EVALUATE!) B)' THE . GE.OtECHNlCi\L CONSULTANT WI-lEN POSSIBlE; LOWEST BACKDRAIN SHOULD st. PLACED IN THE &ASE or KEY (SEE DRAIN DIDIL; •fiGURE G) ·.ONE TERRACE AT lEAST 6 FEET WIDE AT loiiDHEIGHT ONE TER.RAC£ AT LE~T 12 rEET WID£ AT APPRQiCIMA;EL:Y MIDH~GHT A!'IP. 6-FOQT WIDE TERilA\>ES CEtiTERED IN REMJ.il~ltiG . SL~l'Es DESIGNED BY CIVIL ENGINEER WITH APPROVAL OF GOVERNING :AUTHORITIES NONS: 1. t.IIO,.SLoPE BACKbRAINs SltOiJI.D SE PlACED ill RLL SLOJi£$ llj COii,MIClJON. 'WITII. E:Ai:H ttiiRAct. 2.. ltRRACES SHoULD HAYE -'H.E,t.SI' A 5-P£11CENT ~. AHO· RUN OtF SHOUlD BE: DIRO:ltO '1'0. AI! APPRoP~N ·~IIRF Ai;r .~!~AGE ~OI.LECT!ill . . . . :s; ~;$1101./LD BE CW.Nm or DEJIRI$ AN0 VEO.ETATIOM TO ALLOW UIIRESTRICTEII Fl!)W 4. TEIUIACES SI!OUUl BE KD'T iN GOOD RERAIR. 5. RtfU TO !IBC. :c;HAPTE~ 70 P'OR ADDITIOIW. RtOUIREWENl'S. NOT TO SCALE SLOPE DRAINAGE .DETAIL fPJI£.£ c Alga Norte Community Park Carlsbad, California AppendixE Project No. 104600002 _,...----PROPOSED GRADED SUIUACt: COMPACTED FILL PLANE OF WEAKNESS. 7 __ . I ....... I~-, ..L.' ·-·-"'"'-- BEDROCK OR BENCH .INCIJNED. SLlGHT\.Y INTO· SLOPE (SEE FIGURE A) COMPACTED FILL EXISTING GROUND. SURFACE T DEPlH OF' KEY r COM_ PE_ IE_ NT MA_T_ERIA_.L, J AS EVALUATE;P BY THE GEOTECHNICAL CONSULTANT ~~~·:::::=-==· -1 BACKDRAIN (SEE .DRAIN DETAIL. ft(;,URE G) NON-PERFORATED oUTLET PIPE NOlEs: 1. ~f:$.~':!:.~::C~O:r~WELw&N:i,~IDEil8Y THE GEOU:CHI!UCAL .llONSULTANr BASED. ON ANALYSIS 2. AN ADillnQIIAI. loiiD-St.<iPE 11ACKDi!41N AHD. ~" DRAIN MAY 8E RE<;O~D FOR SLOPES OVEI! $Q FEET ·HIGH. SEE SlOPE r;l!WNAGE DETAIL. riGURE E. . . 3. SlOPE DIWHAG.E ll!IQIJI.D liE l'R9VIDED IN ACC!).RDI.IIC£ Wfnl RECOloiiiENDATIONS PRESENTED ON ·FIGURE E. NOT TO SCAL:t SHEAR KEY DET AL .FIIU£F 104600002 Barlhwork.doc - Alga Norte Community Park Carlsbad, California S\JBDRAIN CONFIGURATION ALTERNATIVE A* ALTERNATiVE 8 PERl'ORA'TEO PIP£ INS'rALL£0 WITH PERFORATION DOWN (SE:£ SCHEDULE BELOW) ·* ALTERNATIVE A SUBORAIN CONFIGURATION IdA Y BE IJSED IN f.ILLS LES:(I THAN 25 FEET DEEP PERFORATED PI!'E Sj..OPED AT 1% MIN. towARD OUTLET PIPE ---:\ NQN .. PERFORATED .OiJ.TLET PIPE UP TO _ __/ 100' ON -CENTER HORIZONTALlY Fll.TER MAT~IAL FitTER MATERIAL SHAlL BE. C1.A$S :11 PERi.IEABL£ IMTER~ P.ER. STATE llf !;Al.IFO"RN~ Sl~ARO SPECIFic,\TIOI'IS. OR »PRRV_£0 AlTERNATE GEOFABRIC DRAIN S'\'Sttt.r. SIEVE: SIZE ,. 3/4" 3/8" No. ;i ·Nc.. 8 Ho. 30. N~ 50 Ko.100 ·PERC";ENT PASSIIIP .ioo ~100 -40-100 :iS-40 18-33 s.;..1s -0-·1 a-~ NOTE: AS iJI ALTERHAWE THE ·FIL'IER. IMTERW.. NAY CO!i~i:;T C!F li_P .t~ 1• PIAt.IE:i'fR OP.EN:...GijAI)ED .. GRAVEL WRAPPED. IN A,ll APPJIO'IED G£0fAI!RlC WITH &-INCH OR' MORE OVERW. .. . 104600002 Eartbwork.doc AppendixE Project No. 104600002 BACKDRAIN CONFIGURATION FILTER M"'TER.Io\L (3 CUBIC FEET PER LiNEAR FOOT) T-CON~ECTIQN (SEE DETAIL} Lw MINj (EACH SlDf] ~u MIN. l'l:RFORATEO PIP£, 4-" MIN. SCHEDULE 40 PVC "OR EQUIVA!Dff INSTAll[[) WfJH .PERFORATIONS DOWN END CAP PIP!: SCHEDULE PERFORATED Ailo: Ni:lil-f!ERFOiiATED PIPE SHAlL SE stHEOilLE 40 ·POL'PIIH'rt. CI@RIUE (P'i.C} Oil ~11.RILE ,8UTAJ)IEME.:$TY.!iOIE (ABS} OR .. EQUIVALENT, AND. Will HAVJ· A IIINIIIWM CIIUSHING Si'R~H OF 1000: PSI :FOR: DEI"''H$' OF I'ILL UP TO SO Fttt: FQR DEEPER £1U.S; P£iitmi4"rED AND· NC)K~I'E8fQRAT.ED ,PIPE S):IQULD 8E DE$10HED 'WITH ADEQI,II<TE CR!I.$111N(l :SJI!EfiG.TH. . . . . LENG;TH or R"N o-soo• sM-1soo• > 1So0' PIPE DIAM.ETER NOT TO SCALE DRAIN DETAIL Areas for the Bidder to provide values Areas that will be calculated by formula Citv Provided Information Estimated Cost 1 Annual kWh I Performance Production Degradation (%/yr) Benefits Year 0 Year 1 Year 2 Year 3 Annual benefit flow Cumulative benefit flow Total discounted benefit flow Total cumulative discounted benefit flow $ $ $ $ $ $ ~ CARLSBAD INSERT NAME . . -------... --. -------.---.---------. ---. -. ------... Design Builder Must HAVE: Attended the Mandatory Qualification Conference Design Builder: Current and active required Contractor licenses Key Subcontractors: Current and active licenses A notarized statement from surety stating: 1. Contractor's current available bonding capacity meets or exceeds $3,000,000 2. Contractor's total bonding capacity 3. Surety is an admitted surety insurer 4. Surety will provide bonding if Contractor is awarded A notarized statement from insurance agenVbroker/carrier stating: 1. Contractor can obtain insurance that meets o r exceeds the required limits and ratings 2. Copy of the contractor's certificate of insurance is attached Letter from Worker's Compensation insurance carrier showing evidence of EMR over the last 10 years Signed Declaration by the sole proprietor, general partner or corporate officer, or original notarized power of attorney or corporate resolution is attached. ---- YES NO 0 0 0 0 0 0 0 0 0 0 0 0 0 0 .. Alga Norte Community Park Project Design Build Team Prequallfication Evaluation INSERT ADDRESS INSERT DATE Comments I Clarifications: Score A no answer for any of the line items in this section may disqualify the bidder -10 Class B -10 C-51, C-12 C-27, C-46and C-10 -10 -10 -10 -10 -10 TOTAL: -70 ... ~CARlsBAD INSERT NAME Does any member of the Design Build Team have: The following questions apply to all members of the Design Build T earn over the last fiVe years. If any Team member answers "Yes," please provide clarification in the Comments section. A civil or criminal violation of the Contractors State License Law? Any debarment, disqualification, or removal from any Federal, State, or local government public works project or a violation of the Federal or State False Claims Act or instances in which a bid for a public works project was found to be non-responsive and/or the contractor was found to be not responsible? A civil or criminal violation of State or Federal Labor Laws, California Occupational Safety and Health Act, Federal Occupational Safety and Health Act, or Equal Opportunity Employment? A civil or criminal violation of Federal or State Law governing the Payment of Wages or Employment of apprentices, Benefits, Personal Income Tax Withholding, Federal Insurance Contribution ACT (FICA), State Disability Insurance (SDI) or Unemployment Insurance Payment? A surety complete work on any construction contract or any default on a construction contract? A Bankruptcy or Receivership on any contract? Assessed liquidated damages for failing to complete a contract within the time specified in the contract documents? A Experience Modification Rate (EMR: Workers' Comp) injury rating above 1.0 in the past five years? Significant litigation history that meets the parameters specified in Section V.A. or Section V.B or Section V.C of Pre-Qualification Questionnaire (see page 44 of the Questionnaire)? ~~~ooe Prt::!J~il QyeSJiooni!ir~.(!~f YES NO 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Alga Norte Community Park Project Design Build Team Prequalification Evaluation INSERT ADDRESS INSERT DATE Comments I Clarifications: (clarifications must name which member this pertains to and all applicable Score circumstances) -10 -10 -10 -5 -10 -10 -5 -5 -10 TOTAL: -75 - -:- CARLSBAD INSERT NAME Project Name #1 :J '"'""'""'til· project represent the required experience and qualifications to QYES QNO this project? Project constructed for a public owner or institutional client? Oves ONO Project is comparable in cost? Oves QNO Project Name #1 Oves QNO QYES QNO QYES QNO QYES QNO QYES QNO QYES QNO Oves QNO Oves QNO Alga Norte Community Park Project Design Build Team Prequalification Evaluation INSERT ADDRESS INSERT DATE Project Name #2 QYES QNO QYES Q NO Oves QNO QYES ONO 0 I 3 QYES QNO QYES QNO 0 I 3 QYES QNO QYES QNO 0 I 3 QYES QNO QYES QNO 0 3 QYES QNO Oves ONO 0 3 QYES QNO Oves QNO 0 3 Oves QNO Q YES QNO 0 3 KEY PERSONNEL PROJECT MATRIX TOTAL: 0 24 Project Name #2 Project Name #3 QYES QNO QYES QNO QYES QNO QYES ONO I I 0 I 8 Oves QNO QYES QNO I I 0 I 8 ~ CARLSBAD INSERT NAME Project comparable in size? Qves Q NO Oves Completed in the State of California? Qves Q NO Qves Projects which used Design Build project delivery? Qves QNO Qves Was sustainable practices used in the design and construction of this Qves project? Qves Q NO Q NO Qves Q NO QYES QNO Qves QNo Qves Alga Norte Community Park Project Design Build Team Prequalification Evaluation INSERT ADDRESS INSERT DATE Q NO 0 8 Q NO 0 8 QNO 0 8 Q NO 0 8 PROJECT POINTS SUBTOTAL: 0 56 ~ CARLSBAD INSERT NAME Project Name #1 I Project Name #2 each project include a positive NPV? Oves QNO QYES QNO each project include an IRR of 3% or greater?? O ves ONO Oves Q NO Did the key subcontractor A submitted for this project participate in the listed project? Oves Q NO O ves Q NO Did the key subcontractor B submitted for this project participate in the listed I project? QYES Q NO I Q YES Q NO Was the projected completed without any lost time accidents QYES ONO QYES QNO Were sustainable practices utilized on this project? QYES ONO QYES QNO Was the project completed on schedule? Oves ONO QYES QNO Was the project completed on budget? QYES QNO QYES Q NO Notes: A single project may satisfy multiple criteria. A maximum of three projects will be scored per submittal. Comments: I Alga Norte Community Park Project Design Build Team Prequalification Evaluation INSERT ADDRESS INSERT DATE Project Name #3 I Score (max 5 points) I Oves QNO Oves QNO I I 0 I 8 QYES Q NO I I 0 I 8 QYES Q NO I I 0 I 8 Oves Q NO I I 0 I 8 Oves QNO I I 0 I 8 Oves Q NO I I 0 I 8 Q YES Q NO I I 0 I 8 PROJECT POINTS SUBTOTAL: I 0 I 64 .... ,;. CARLSBAD KEY STAFF EXPERIENCE (names must be mput on Staff & Project Matrix above) Key Personnel #01 -INSERT NAME Project Executive Key Personnel #02 -INSERT NAME Project Engineer Key Personnel #04 -INSERT NAME Suoerintendent Key Personnel #05 -INSERT NAME Kev Subcontractor A -Team Member Key Personnel #07 -INSERT NAME Kev Subcontractor B-Team Member Key Personnel #08 -INSERT NAME Kev Subcontractor C -Team Member INSERT NAME 2 3 Certificates & Licenses (PE, DBIA QSP, etc.) O ves Q NO O ves QNO Oves QNO Oves QNO Oves QNO Oves Q NO O ves Q NO O ves Q NO ecific Criteria 5 CCM Relevant Education Oves OBA/BS 0None QNO QOther QYES QNO OBA/BS Q None I QOther Oves Q NO QBA/BS QNone I 00ther Oves Q NO QBA/BS O N one I QOther Oves 0~ QNO Oves ~ Q NO O ves ~ Q NO O ves 'None Q NO Alga Norte Community Park Project Design Build Team Prequalification Evaluation INSERT ADDRESS INSERT DATE 6 7 I 8 I 9 Key Staffs L TECHNICAL POINTS Evaluator's Score Participation on (max 5 points) I Total I Out of Submitted Projects 0 I I 0 I 8 0 I I 0 I 8 0 I I 0 I 8 0 I I 0 I 8 0 0 8 0 0 8 0 0 8 0 0 8 PROJECT POINTS SUBTOTAL: 0 64 1o. ~:- >r-CARLSBAD INSERT NAME History (points are awarded for litigation avoidance; score is determined by City Evaluator) Alga Norte Community Park Project Design Build Team Prequalification Evaluation INSERT ADDRESS INSERT DATE PROJECT POINTS SUBTOTAL: 0 20 ... \,;. CARLSBAD INSERT NAME CRITERIA Project Name #1 Does this firm present the required experience and qualifications to complete this project? Project constructed for a public/private owner or institutional client? Qves QNO Project was comparable to this project? Oves QNO the inverters placed out of the public view or screened? Qves QNO Provide the production values proposed for this project (kWh/SF), provide the degradation value for the array kWh Provide the production values for each of the named projects (kWh/SF)- City evaluation only Does the proposed solar array track on an axis? QYES QNO Provide the warranty period for the proposed solar array. Provide the Net Present Value of the proposed system -information is the result of Exhibit B. The highest NPV will receive 300 points, all others will be based on this formula: ((Highest hest NPV)*300 city evaluation only Qves QNO Notes: A single project may satisfy multiple criteria. A maximum of three projects will be scored per submittal. Comments: Project Name #2 Oves QNO QYES QNO QYES Q NO Degradation vall I Oves Q NO Enter NPV here QYES QNO Alga Norte Community Park Project Design Build Team Prequalification Evaluation INSERT ADDRESS INSERT DATE Project Name #3 Evaluator's Score (varies) Qves QNO I I 0 I 8 Oves QNO I I 0 I 8 QYES QNO I I 0 I 13 I I 0 I 30 I I 0 I 30 QYES QNO I I 0 I 19 I I 0 I 20 I I 0 I 300 Enter score to QYES QNO I I 0 1 20 KEY SUBCONTRACTOR A -TOTAL PROJECT POINTS: I 0 I 463 -:- CARLSBAD INSERT NAME key Subcontractor B • Parking shade structure supplier CRITERIA Does this firm present the required experience and qualifications to complete this project? Project constructed for a public/private owner or institutional client? Project was comparable to this project? Completed in the State of California? Projects which used Design Build project delivery? Does the shade structure fit well into the environment? Define the structural steel and finish for each project, City evaluation only Provide the warranty period for the proposed structure, in years, submittal must Include Warranty Terms and Conditions Define the structural steel and finish for this project. City evaluation only Not Used J Projoct Name#1 I ci evaluation onl OvEs ONO Oves Q NO OvES ONO Oves Q NO QvES ONO Notes: A single project may satisfy multiple criteria. A maximum of three projects will be scored per submittal. Comments: Project Name #2 Oves QNO Oves QNO Oves QNO Oves QNO Oves QNO Alga Norte Community Park Project Design Build Team Prequalification Evaluation INSERT ADDRESS INSERT DATE Project Name #3 Evaluator's Score (varies) I TECHNICAL POINTS I I Subtotal I Out of I OvES QNO 0 8 QYES QNO 0 8 QvES ONO 0 8 QYES Q NO 0 8 QYES ONO 0 8 0 8 0 10 0 15 KEY SUBCONTRACTOR B ·TOTAL PROJECT POINTS: 0 83 ----------, "' " CARLSBAD INSERT NAME Alga Norte Community Park Project Design Build Team Prequalification Evaluation INSERT ADDRESS INSERT DATE I FINAL EVALUATION SCORING I DOES THE DESIGN BUILD TEAM MEET ALL REQUIREMENTS QYES QNO Total Litigation History TOTAL POINTS (Max Points 204)1 0 ** Please Note: Key Personnel experience points for the entire Design Build Team (listed above) includes each subcontractor's points. Key Personnel Experience points listed below are for reference only. TOTAL POINTS: 0 TOTAL POINTS: 0 -:- CARLSBAD INSERT NAME Alga Norte Community Park Project Design Build Team Prequalification Evaluation INSERT ADDRESS INSERT DATE POINTS: Subtotal Out of Total Design Build TEAM Score: 0 204 Total Design Build TEAM Deductions: -145 0 Total Key Subcontractors Score: 0 546 GRAND TOTAL: -145 750 c ~ ,~.,. CITY Of \~CARLSBAD AGREEMENT Alga Norte Community Park Solar PV Project Project No. 38372 & 39251 THIS AGREEMENT is made as of the { Carlsbad (the "City"), } day of { }, 20{___}, between THE City of whose address for notices is: The City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92010 and Design Builder: {Name} whose address for notices is: {Street Address} {City, State, Zip} for the Project: Alga Norte Community Park Solar PV City's Responsible Administrator: John Coates City Manager City's Representative is: David Hauser or his Designee Director Property and Environmental Management whose address for notices is: 1835 Faraday Carlsbad, CA 92008 The City and Design Builder hereby agree as follows: ARTICLE 1 WORK Design Builder shall provide all work required by the Contract Documents (the "Work"). Design Builder agrees to do additional Work arising from changes ordered by the City pursuant to Article 7 of the General Conditions. The Work will be performed in Phases identified as follows: Phase 1 -Preliminary Design Phase 2 -Construction Documents Phase 3 -Construction ARTICLE 2 OPTIONS The City may exercise its option for performance of the Work under Phases 2 and 3 by providing a written Notice to Proceed to the Design Builder for performance under either or both of the Phases. The Option for Phase 3 may be exercised not later than 30 days after the expiration of Phase 2 Time or the acceptance by the City of the Construction Documents under Phase 2, whichever is later. If Design DATE,2013 Agreement 1 c CITY OF CARLSBAD Alga Norte Community Park Solar PV Project Project No. 38372 & 39251 Builder has complied with all other terms of the Contract and the City fails to exercise its Option for Phase 3 by such calculated date, the Design Builder agrees that a time extension will be its sole and complete remedy for any damage or loss incurred as a result of the delay in exercising said Option for Phase 3. The City's "OPTIONS" rights under this Article 2 are independent of the "Termination for Convenience" rights as set forth in Article 13, section 13.4 of the General Conditions. The City retains the right to terminate this Contract for convenience at any time in accordance with Article 13 of the General Conditions. ARTICLE 3 CONTRACT DOCUMENTS "Contract Documents" means the Advertisement For Design Builder Prequalification, Request for Proposals, Pricing Proposal Form, Proposal Evaluation Process, Project Directory, Preliminary Schedule, Bid Bond, Design Builder's Proposal, Notice of Selection As Apparent Best Value Proposal, this Agreement, General Conditions, Supplementary Conditions, , CAD and BIM Standards, City Standards and Design Criteria, Scope of Work, General Requirements (Division 01), Specifications (Divisions 02- 33), Design Professional Rate Schedule for Additional Services, City Furnished Information, Standard Contract Forms (Exhibits), List of Drawings, Project Drawings, Addenda, Notice to Proceed, Change Orders, Notice of Completion, and all other documents identified in this Agreement that together form the contract between the City and Design Builder for the Work (the "Contract"). The Contract constitutes the complete agreement between the City and Design Builder and supersedes any previous agreements or understandings. ARTICLE 4 CONTRACT SUM Subject to the prov1s1ons of the Contract Documents the City shall pay to Design Builder, for the performance of the Work, ${AMOUNT IN FIGURES}, the "Contract Sum" (See 1.1.21 of the General Conditions), for Phases 2 and 3. ARTICLE 5 CONTRACT TIME The time allowed for the completion of Phase 1 shall be as follows: Phase 1 -30 days The time allowed for the completion of Phase 2 shall be as follows: Phase 2 -Design Builder shall commence the Work for Phase 2 on the date specified in the Notice to Proceed for Phase 2 and fully complete the Work within 30 days, the "Phase 2 Time." The time allowed for the completion of Phase 3 shall be as follows: Phase 3 -The Design Builder shall commence the Work for Phase 3 on the date specified in the Construction Notice to Proceed for Phase 3 and fully complete the Work for Phase 3 within 30 days, the "Phase 3 Time." If the City exercises its Option for Phase 3, the Phase 3 Time will be added to the DATE,2013 Agreement 2 c CITY OF CARLSBAD Alga Norte Community Park Solar PV Project Project No. 38372 & 39251 Contract Time for completion of Phase 2, plus any days between the completion of Phase 2 and the exercise of the Option for Phase 3 to establish a revised Contract Time for completion of all Phases. In the event that the Option for Phase 3 is exercised prior to the completion of Phase 2, the revised Contract Time will be the combined number of days of Phase 2 and Phase 3. By signing this agreement, Design Builder represents to the City that i) the Phase 2 Time, and Phase 3 Time are reasonable for completion of the Work of the respective Phase; ii) the Contract Time (as defined above) is reasonable for completion of the Work of all the Phases; and iii) Design Builder will complete the Work within the Contract Time. ARTICLE 6 LIQUIDATED DAMAGES If Design Builder fails to complete the Work for Phase 2 within the Contract Time and the City has not exercised its option for Phase 3, Design Builder shall pay to the City, as liquidated damages and not as a penalty, the amount indicated below as "Liquidated damages daily rate for Phase 2" for each day after expiration of Contract Time that Work for Phase 2 remains incomplete. If the City has exercised its option for Phase 3 and Design Builder fails to complete the Work for Phase 3 within the Contract Time, Design Builder shall pay to the City, as liquidated damages and not as a penalty, the applicable amount(s) indicated below as "Liquidated damage daily rate for Phase 3" for each day after the expiration of the Contract Time that the Work remains incomplete. After Substantial Completion, the liquidated damages daily rate for Phase 3 shall be reduced to the sum indicated below. The City and Design Builder agree that if the Work is not completed within the Contract Time, the City's damages would be extremely difficult or impracticable to determine and that said amounts indicated below are reasonable estimates of and reasonable sums for such damages. The City may deduct any liquidated damages due from Design Builder from any amounts otherwise due to Design Builder under the Contract Documents. This provision shall not limit any right or remedy of the City in the event of any other default of Design Builder other than failing to complete the Work within the Contract Time. Liquidated damages daily rate for Phase 2 -$ 500.00 Liquidated damages daily rate for Phase 3 -$ 500.00 (on or before Substantial Completion) Liquidated damages daily rate for Phase 3 -$ 500.00 (after Substantial Completion) ARTICLE 7 COMPENSABLE DELAY If Design Builder is entitled to an increase in the Contract Sum as a result of a Compensable Delay, determined pursuant to Articles 7 and 8 of the General Conditions, the Contract Sum will be increased by the sum indicated below per day for each day for which such compensation is payable. This Article 7 will apply only if the City exercises its Option for the applicable Phase and only to the extent that Design Builder fulfills requisites proving entitlement to Compensable Delay. Compensable delay daily rate for Phase 3 -$ {AMOUNT IN FIGURES} DATE,2013 Agreement 3 c -~~ CITY OF ~CARLSBAD ARTICLE 8 ASSIGNMENT Alga Norte Community Park Solar PV Project Project No. 38372 & 39251 If this Agreement is terminated prior to the exercise of the City's Option for Phase 3, the Design Builder shall execute an assignment to the City of all contracts with Design Professionals for work to be performed on Phase 2. ARTICLE 9 DUE AUTHORIZATION The person or persons signing this Agreement on behalf of Design Builder hereby represent and warrant to the City that this Agreement is duly authorized, signed, and delivered by Design Builder. ARTICLE 10 DESIGN BUILDER'S COVENANTS AND REPRESENTATIONS Without superseding, limiting, or restricting any other representation or warranty set forth elsewhere in the Contract Documents, or implied by operation of law, the Design Builder makes the following covenants and representations to the City: 10.1 Design Builder and all of its Design Professionals and subcontractors are properly certificated, licensed and qualified to perform the Work required by the Contract Documents. 10.2 Design Builder accepts the relationship of trust and confidence with the City established by the Contract Documents. Design Builder will cooperate with the City. 10.3 Design Builder and its Design Professionals have carefully examined the site of the Project and the adjacent areas, have suitably investigated the nature and location of the Construction Work and have satisfied themselves as to the general and local conditions which will be applicable, including but not limited to: ( 1) conditions related to site access and to the transportation, disposal, handling and storage of materials; (2) the availability of labor, water, power and roads; (3) normal weather conditions; (4) observable physical conditions at the site and existing site conditions including: size, utility capacities and connection options of external utilities; (5) the surface conditions of the ground and (6) the character and availability of the equipment and facilities which will be needed prior to and during the performance of Construction Work. 10.4 Design Builder and its Design Professionals have suitably reviewed the site survey, record documents, seismic data, preliminary geotechnical and other test reports, environmental documents and any other documentation furnished by the City in the Contract Documents. 10.5 Design Builder and its Design Professionals have carefully reviewed the following Contract Documents to the Design Build Contract: ( 1) Scope of Work (including Applicable Codes, Rules and Regulations, Energy Requirements, and all other project requirements); (2) the Specifications; and (3) Drawings. Design Builder acknowledges that these Contract Documents establish the scope, level of quality, design intent and the procedures for the development of the design to a state of 100% completion. DATE,2013 Agreement 4 c ~ <~•!' CITY OF ~CARLSBAD Alga Norte Community Park Solar PV Project Project No. 38372 & 39251 (·;L· u~{",·~\ 10.6 10.7 10.8 10.9 10.10 DATE,2013 Design Builder agrees that ( 1) the Contract Documents depict and describe a design for the Project which is partially complete and may vary in degree of completion from 5% to 95% depending on the particular or specific part of the Project; (2) it will manage, coordinate and fully complete the design; (3) Design Builder will cause its Design Professionals to describe and depict the final design for the Project, as approved by the City, in Construction Documents which will include all information required by the building trades to complete the construction (other than such details customarily developed by others during construction) and (4) it will manage and timely construct the Project in consideration for the City's payment of the Contract Sum. Design Builder and its Design Professionals have reviewed the Preliminary Schedule attached to the Request for Proposals and agree that the design and construction tasks and milestones are reasonable and feasible, except as modified by Design Builder's Proposed Contract Schedule, approved by the City. Design Builder also agrees that time is of the essence for the performance of the Work. Design Builder agrees that all Construction Documents will be complete, coordinated, and accurate. Design Builder agrees that all materials, equipment and furnishings incorporated into or used in the Construction Work will be of good quality, new (unless otherwise required or permitted by the Contract Documents) and free of liens, claims and security interests of third parties. If required by the City, Design Builder will furnish satisfactory evidence as to the kind and quality of the materials, equipment and furnishings. Design Builder agrees that the Work will be of good quality, free of defects and will conform with the requirements of the Contract Documents. Work not conforming to the requirements of the Contract Documents, including substitutions in design or construction not specifically approved or authorized by the City in advance, may be considered defective. Design Builder agrees to correct any error(s), omission(s), or deficiencies in the Contract Documents or Construction Documents at no additional cost to the City; however, this provision in no way limits the liability of Design Builder. Agreement 5 c c ~ '~ .-CIT V 0 F ,~ ~ CARLSBAD Alga Norte Community Park Solar PV Project Project No. 38372 & 39251 THIS AGREEMENT is entered into by City and Design Builder as of the date set forth above. CITY: THE CITY OF CARLSBAD By: ____________ _ (Signature) (Printed Name) MAYOR ATTEST Barbara Engelson -CITY CLERK APPROVED AS TO FORM: Celia Brewer City Attorney By Deputy City Attorney DATE, 2013 6 DESIGN BUILDER (Name of Firm) (Type of Organization) By: ____________ _ (Signature) (Printed Name and Title) By: _____________ _ (Signature) (Printed Name) and Title) President or vice-president and secretary or assistant secretary must sign for corporations. If only one office signs, the corporation must attach a resolution certified by the secretary or assistant secretary under the corporation seal empowering that officer to bind the corporation. Design Builder's California Contractor License( s ): (Name of Licensee) (Classification and License Number) Agreement -zl~ CITY OF ~CARLSBAD DATE,2013 7 Alga Norte Community Park Solar PV Project Project No. 38372 & 39251 Agreement C I TV 0 F CARLSBAD GENERAL CONDITIONS TABLE OF CONTENTS Alga Norte Community Park SolarPV Contract No. 38372 Page RECITALS .............................................................................................................................................................................. 4 ARTICLE 1 GENERAL PROVISIONS 1. 1 Basic Definitions ........................................................................................................................................................ 4 1.2 Ownership and Use of Contract Documents ............................................................................................................... 8 1.3 Interpretation .............................................................................................................................................................. 8 ARTICLE 2 CITY 2.1 Fee and Permit Requirements ................................................................................................................................... 9 2.2 Access to Project Site ................................................................................................................................................. 9 2.3 City's Right to Stop the Work .................................................................................................................................... 10 2.4 City's Right to Carry Out the Work ............................................................................................................................ 10 2.5 City's Right to Replace City's Representative ........................................................................................................... 10 ARTICLE 3 DESIGN BUILDER C 3.1 3.2 3.3 Review of Contract Documents and Field Conditions by Design Build Entity; Single Point Responsibility of Design Builder ....................................................................................................................................................................... 10 Supervision and Construction Procedures ................................................................................................................ 11 Labor and Materials .................................................................................................................................................. 11 c 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 2.21 3.22 3.23 3.24 3.25 3.26 Design Builder's Warranty ........................................................................................................................................ 12 Taxes ........................................................................................................................................................................ 12 Permits. Fees, and Notices ....................................................................................................................................... 12 Applicable Code Requirements ................................................................................................................................ 12 Superintendent ......................................................................................................................................................... 13 Toxic Materials .......................................................................................................................................................... 13 Hazardous Materials ................................................................................................................................................. 13 Construction Documents ........................................................................................................................................... 14 Monthly Reports ........................................................................................................................................................ 15 Other Reports ........................................................................................................................................................... 15 Notice of Labor Dispute ............................................................................................................................................ 16 Guarantee.................................................................................. . ........................................................................... 16 Schedules Required of Design Build Entfty ............................................................................................................... 16 As-Built Documents .................................................................................................................................................. 18 Documents and Samples at Project Site ................................................................................................................... 18 Shop Drawings, Product Data, and Samples ............................................................................................................ 18 Use of Site and Clean Up ......................................................................................................................................... 19 Project Site Maintenance .......................................................................................................................................... 19 Cutting, Fitting, and Patching .................................................................................................................................... 20 Access to Work ......................................................................................................................................................... 21 Royalties and Patents ............................................................................................................................................... 21 Differing Site Conditions ........................................................................................................................................... 21 Concealed, Unforeseen, or Unknown Conditions or Events ..................................................................................... 22 3.27 Information Available to Proposers ........................................................................................................................... 22 3.28 Liability for and Repair of Damaged Work .............................................................................................................. 22 2-15-12 Page 1 of 58 General Conditions c C I TV OF CARLSBAD Alga Norte Community Park SolarPV Contract No. 38372 3.29 Indemnification ........................................................................................................................................................ 23 3.30 Street Closures and Barricades ................................................................................................................................ 24 3.31 Allowances/Contractor Controlled COntingency ...................................................................................................... 25 ARTICLE4 ADMINISTRATION OF THE CONTRACT 4.1 Administration of the Contract by City's Representative ........................................................................................... 25 4.2 Design Builder Change Order Requests ................................................................................................................... 26 4.3 Claims ....................................................................................................................................................................... 28 4.4 Assertion of Claims .................................................................................................................................................. 2g 4.5 Decision of City's Representative on Claims ............................................................................................................ 30 4.6 Mediation (Not Used) ................................................................................................................................................ 30 4. 7 Arbitration ................................................................................................................................................................. 30 4.8 Waiver ....................................................................................................................................................................... 30 ARTICLE 5 SUBCONTRACTORS 5.1 Award of Subcontracts and Other Contracts for Portions of the Work ...................................................................... 31 5.2 Subcontractual Relations .......................................................................................................................................... 31 5.3 Contingent Assignment of Subcontracts .................................................................................................................. 32 ARTICLE 6 CONSTRUCTION BY THE CITY OR BY SEPARATE CONTRACTORS 6.1 6.2 6.3 City's Right to Perform Construction and to Award Separate Contracts .................................................................. 32 Mutual Responsibility ............................................................................................................................................... 32 City's Right to Clean Up ............................................................................................................................................ 33 ARTICLE 7 CHANGES IN THE WORK 7.1 Changes ................................................................................................................................................................... 33 7.2 Changes Definitions .................................................................................................................................................. 33 7.3 Change Order Procedures ........................................................................................................................................ 33 7.4 Field Orders .............................................................................................................................................................. 37 7.5 Variation in Quantity of Un~ Price Work .................................................................................................................... 37 7.6 Waiver.. .................................................................................................................................................................... 37 ARTICLES CONTRACT TIME 8.1 Commencement of the Work ................................................................................................................................... 38 8.2 Progress and Completion ......................................................................................................................................... 38 8.3 Delay ......................................................................................................................................................................... 38 8.4 Adjustment of the Contract Time for Delay..................................................................................... .. ....... 39 8.5 Compensation for Delay ........................................................................................................................................... 40 8.6 Waiver ....................................................................................................................................................................... 40 ARTICLE9 PAYMENTS AND COMPLETION 9.1 Cost Breakdown ....................................................................................................................................................... 40 9.2 Progress Payment .................................................................................................................................................... 41 9.3 Application For Payment ........................................................................................................................................... 41 9.4 Certificate For Payment ............................................................................................................................................ 42 9.5 Deposit of Securities in Ueu of Retention and Deposit of Retention into Escrow ..................................................... 43 g_s Beneficial Occupancy ............................................................................................................................................... 43 9.7 Substantial Completion ............................................................................................................................................. 44 9.8 Final Completion, Final Payment and Release of Retention ................................................................................... 45 2-15-12 Page 2 of 58 General Conditions c c ~ ~'. CllY OF ~CARLSBAD ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY Alga Norte Community Park SolarPV Contract No. 38372 10.1 Safety Precautions and Programs ........................................................................................................................... 46 10.2 Safety of Persons and Property.............................................. ....................................... . ......................... 46 10.3 Emergencies ............................................................................................................................................................ 46 ARTICLE 11 INSURANCE AND BONDS 11.1 Design Builders Insurance ...................................................................................................................................... 46 11.2 Builder's Risk Property Insurance ............................................................................................................................. 49 11.3 Performance Bond and Payment Bond ..................................................................................................................... 50 ARTICLE 12 UNCOVERING AND CORRECTION OF WORK 12.1 Uncovering of Work ................................................................................................................................................. 50 12.2 Correction of Defective Work and Guarantee to Repair Period ............................................................................... 50 ARTICLE 13 TERMINATION OR SUSPENSION OF THE CONTRACT 13.1 Termination by Design Builder ................................................................................................................................. 51 13.2 Termination by the Cny for Cause ............................................................................................................................ 52 13.3 Suspension by the City for Convenience .................................................................................................................. 53 13.4 Termination by the Cijy for Convenience ................................................................................................................. 53 ARTICLE 14 STATUTORY AND OTHER REQUIREMENTS 14.1 Nondiscrimination ..................................................................................................................................................... 54 14.2 Prevailing Wage Rates (Not Used) ........................................................................................................................... 56 14.3 Payroll Records (Not Used) ...................................................................................................................................... 56 14.4 Apprentices (Not Used) ............................................................................................................................................. 56 14.5 Construction Work Day ............................................................................................................................................. 56 ARTICLE 15 MISCELLANEOUS PROVISIONS 15.1 Governing Law ......................................................................................................................................................... 56 15.2 Successors and Assigns ........................................................................................................................................... 57 15.3 Rights and Remedies ................................................................................................................................................ 57 15.4 Survival ..................................................................................................................................................................... 57 15.5 Complete Agreement ................................................................................................................................................ 57 15.6 SeverabilityofProvisions .......................................................................................................................................... 57 15.7 City's Right to Audit ................................................................................................................................................... 57 15.8 Notices...... .. ................................................................................................................................................. 57 15.9 Time of the Essence ................................................................................................................................................. 58 15.10 Mutual Duty to Mitigate ............................................................................................................................................. 58 15.11 Design Builders Awareness and Compliance with ADA Act of 1990 and Related Standards ................................ 58 2-15-12 Page 3 of 58 General Conditions CITY 0 F CARLSBAD RECITALS Alga Norte Community Park So/arPV Contract No. 38372 The documents included in the Request for Proposals and the Design Build Entity"s Proposal. incorporated herein, and designated as part of the Contract Documents are provided by the City to establish the scope. level of quality and design intent. and the reporting procedures for the development and construction of the entire Project. The Design Build Entity shall comply with the Contract Sum. the Contract Time. the Preliminary Schedule or approved Contract Schedule as applicable. the • the specifiCations. the building massing. buDding heights and setbacks. public spaces. landscape design, and the general architectural character of the building, pools, skate park and other features described in the Contract Documents. By incorporating the Design Build Entity's Proposal as a part of this Contract, the City does NOT accept any provision of the Design Build Entity's Proposal that is not in conformance with the criteria of the Request for Proposals. In consideration of the mutual agreements, covenants and cond~ions set forth below, and the Recitals set forth above, the adequacy of which is hereby acknowledged, Design Build Ent~y and the City agree as follows: ARTICLE 1 GENERAL PROVISIONS 1.1 BASIC DEFINITIONS 1.1.0 AGREEMENT The Agreement is supported by the General Conditions and is part of the Contract Documents. 1.1.1 APPLICABLE CODE REQUIREMENTS The term "Applicable Code Requirements" means all laws, statutes. the most recent building codes (as they were applied to secure a Building Permit from the City of Carlsbad), ordinances, rules, regulations, and lawful orders of all public authorities having jurisdiction over the City, Design Build Entity, any Subcontractor, the Project. the Project sfte, the Work, or the ;"· prosecution of the Work. '"'' 1.1.2 APPLICATION FOR PAYMENT c The term "Application for Payment" means the submittal from Design Buid Entity wherein payment for certain portions of the completed Work is requested in accordance with Article 9 of the General Conditions. 1.1. 3 ARCHITECT OF RECORD The term "Architect of Record" means the Design Professional identified in the Supplementary Cond~ions that is licensed in the State of California and employed or commissioned by the Design Build Entfty to prepare design documents and construction documents. 1.1.4 BENEFICIAL OCCUPANCY The term "BenefiCial Occupancy" means the City's occupancy or use of any part of the Work in accordance with Article 9 of the General Conditions. 1.1.5 CEQA The term "CEQA" means the California Environmental QuaiHy Act. Public Resources Code Section 21000 et seq. 1.1.6 CERTIFICATE FOR PAYMENT The term "CertifiCate for Paymenr means the form signed by City's Representative attesting to the Design Build Entity's right to receive payment for certain completed portions of the Work in accordance with Article 9 of the General Cond~ions. 1.1. 7 CERTIFICATE OF SUBSTANTIAL COMPLETION See Article 9. 7 of the General Conditions. 1.1.8 CHANGE ORDER See Article 7.2 of the General Conditions. 1.1.9 CHANGE ORDER REQUEST The term "Change Order Requesr means a proposal for a Change Order submitted by the Design Build Entity to the City, either at the request of the City, or at the Design Build Enttty's own initiative. 1.1.10 CLAIM See Article 4.3 of the General Conditions. 2-15-12 Page 4 of 58 General Conditions Commented [dltllus~I' ??? ~ ~{ CITY OF -~CARLSBAD 1.1.11 COMPENSABLE DELAY Alga Norte Community Park So/arPV Contract No. 38372 The term "Compensable Delay" means a delay that entitles the Design Build Entity to an adjustment of the Contract Sum and an adjustment of the Contract Time pursuant to Articles 7 and 8 of the General Conditions. 1.1.12 CONSTRUCTION DOCUMENTS The term "Construction Documents" means the plans and specifications prepared by the Design BuHd Entity (see Article 1.1.27) for the Project, approved by the City. The Construction Documents shall set forth in detail all items necessary to complete the construction (other than such details customarily provided by others during construction) of the Project in accordance with the Contract Documents (subject to their completion following commencement of the Construction Phase). All amendments and modifocations to the Plans and Specifications must be approved by the City in writing. 1.1.13 CONSTRUCTION DOCUMENTS PHASE (Phase 2) The term "Construction Documents Phase· means the period of time set forth in the Agreement beginning with the issuance of the Construction Documents Notice to Proceed. This is also referred to within the Contract Documents as "Phase 2" and the two terms may be used interchangeably. The scope of the Construction Documents Phase is further defined in the "Scope of Work". The term "Phase 2 Time· is defined in Article 5 of the Agreement. 1.1.14 CONSTRUCTION NOTICE TO PROCEED The term "Construction Notice to Proceed" means the written notice given by the City to the Design Build Entity advising that the Site is available to the Design Build Entity and directing the Design Build Entity to commence the Construction Phase of the Project. 1.1.15 CONSTRUCTION PHASE (Phase 3) The term "Construction Phase" means the period of time set forth in the Agreement beginning with the issuance of the Construction Notice to Proceed and ending on the date of Final Completion of the Project. This term is also referred to within ,.... the Contract Documents as "Phase 3" and the two terms may be used interchangeably. The scope of the Construction Phase ~ is further defined in the "Scope of Work". The term "Phase 3 Time" is defined in Article 5 of the Agreement. c 1.1.16 CONSTRUCTIONWORK The term "Construction Work" means that portion of the Work consisting of the provision of labor. materials, furnishings, equipment and services in connection with the construction of the Project as set forth in the Contract Documents. 1.1.17 CONTRACT The term "Contract" shall have the meaning identified in Article 3 of the Agreement. 1.1.18 CONTRACT DOCUMENTS The term "Contract Documents" means all documents listed in Article 3 of the Agreement. 1.1.19 CONTRACT MILESTONE The term "Contract Milestone" means any requirement in the Contract Documents that reflects a planned point in time for the start or completion of a portion of the Work measured from i) the date of any of the Notices to Proceed or ii) the date of another Contract Milestone defined in the Contract Documents, as applicable. 1.1.20 CONTRACT SCHEDULE The term "Contract Schedule" means the graphical representation of a practical plan, in accordance with the Specifications, to perform and complete the Work within the Contract Time. The detaied requirements for the Contract Schedule are stated in Article 3 of the General Conditions. 1.1.21 CONTRACT SUM The term "Contract Sum" means the amount of compensation stated in the Agreement for the performance of the Work, as adjusted by Change Order. 1.1.22 CONTRACT TIME The term "Contract Time" means the number of days set forth in the Agreement within which Design Build Entity must achieve Final Completion of the Work, as adjusted by Change Order. 1.1.23 COST OF EXTRA WORK See Article 7.3 of the General Conditions. 2-15-12 Page 5 of 58 General Conditions .~&1*'&>11' ~ c C 11 Y OF CARLSBAD 1.1.24 CRITERIA DOCUMENTS Alga Norte Community Park SolarPV Contract No. 38372 The term "Criteria Documents" means. but is not limited to. the portions of the Contract Documents which const~ute an outline of design requirements, Scope of Work, Specifications and Drawings. 1.1.25 DAY The term "day; as used in the Contract Documents, shall mean calendar day, unless otherwise specifically provided. 1.1.26 DEFECTIVE WORK The term "Defective Work" means Work that is unsatisfactory, faulty, omitted, incomplete, deficient, or does not conform to the requirements of the Contract Documents. directives of City's Representative, or the requirements of any inspection, reference standard, test, or approval specified in the Contract Documents. 1.1.27 DESIGN BUILDER The term "Design BuUd Ent~· means the person or firm identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. Design Builder and Design Build Entity are used interchangeably. 1.1.28 DESIGN BUILDER FEE See Article 7.3 of the General Conditions. 1.1.2g DESIGN DEVELOPMENT PHASE-NOT USED The term "Design Development Phase· shall mean the period of time set forth in the Agreement beginning with the issuance of the Notice to Proceed for Phase 1. This is also referred to w~hin the Contract Documents as "Phase 1" and the two terms may be used interchangeably. The scope of the Design Development Phase is further defined in the "Scope of Work" Exhibit. The term "Phase 1 Time" is defined in Article 5 of the Agreement. 1.1.2g.1 DESIGN BUILD ENTITY See Article 1.1. 27 1.1.30 DESIGN MATERIALS The term "Design Materials" shall mean any and all documents, shop drawings, electronic information, including computer programs and computer generated materials, data. plans, drawings, sketches, illustrations, specifications, descriptions, models and other information developed, prepared, furnished, delivered or required to be delivered by, or for, the Design Build Ent~y: (1) to the C~y under the Contract Documents; or (2) developed or prepared by or for the Design Build Enttty specifically to discharge ~s duties under the Contract Documents. 1.1.31 DESIGN PROFESSIONAL The term "Design Professional" shall mean individuals or enttties that will provide Design Bu~d Ent~ with the required architectural, engineering, and other professional services required for the coordinated design of the Project and the administration of construction. 1.1.32 DESIGN WORK The term "Design Work" shall mean the portion of the Work consisting of the design services and design deliverables required to be provided in connection w~h the design of the Project as set forth in the Contract Documents. 1.1.33 DRAWINGS The term "Drawings" means the graphic and pictorial portions of the Contract Documents showing the design, location. and dimensions of the Work, generally including plans, elevations, sections, dela~s. schedules, and diagrams. The Drawings are listed in the List of Drawings. 1.1.34 EQUIPMENT MANUFACTURER The term "Equipment Manufacturer" shall mean any Separate Contractor that fabricates and/or supplies any C~y-provided equipment which is installed in the Project by the Design Build Ent~. 1.1.35 EXCUSABLE DELAY The term "Excusable Delay" means a delay that entitles the Design Build Entity to an adjustment of the Contract Time but not an adjustment of the Contract Sum, pursuant to Articles 7 and 8 of the General Conditions. 1.1.36 EXTRA WORK The term "Extra Work" means Work beyond or in addttion to the Work required by the Contract Documents. 2-15-12 Page 6 of 58 General Conditions c c ~ ·'~•.-_ Cl TY OF , ,; CARLSBAD 1.1.37 FIELDORDER See Article 7.4 of the General Conditions. 1.1.38 FINAL COMPLETION Alga Norte Community Park SolarPV Contract No. 38372 The term "Final Completion" means the date at which the Work has been fully completed in accordance with the requirements of the Contract Documents pursuant to Article 9.8 of the General Conditions. 1.1.39 GUARANTEE TO REPAIR PERIOD See Article 12.2 of the General Conditions. 1.1.40 GOVERNMENTALAPPROVALS The term "Governmental Approvals" means those governmental (including the City) actions required to be obtained by the City and necessary for the completion of the Project. 1. 1.41 HAZARDOUS MATERIAL The term "Hazardous Materiar means any substance or material identified as hazardous under any California or federal statute governing handling, disposal and/or cleanup of any such substance or material. 1.1.42 INDEMNIFIED PARTIES The term "Indemnified Parties" means the City, its agents, officers, representatives. consultants. volunteers and employees. 1.1.41.1 LETTER OF DESIGN REVIEW See Article 3.1.16 in the Scope of Work 1.1.41.2 NOTICE TO PROCEED See Article 1.1.13 and 1.1.14 1.1.43 TOTALPROJECTCOST The term "Total Project Cost" means the amount identified as such in the Request for Proposals. 1.1.44 OPTIONS See Article 2 of the Agreement. 1.1.44.1 PHASES See Articles 2 and 5 of the Agreement 1.1.45 PROJECT The term "Project" means the total design and construction of the Work under the Contract and all other work, labor, equipment, and materials necessary to accomplish the Project . The Project may include design or construction work performed by City or by Separate Contractors. 1.1.46 SEPARATE CONTRACTOR The term "Separate Contractor" means a person, or firm, under separate contract with the City performing other work related to the Project. 1.1.47 SHOP DRAWINGS. PRODUCT DATA. AND SAMPLES See Article 3.19 of the General Conditions. 1.1.48 SPECIFICATIONS The term "Specifications• means that portion of the Contract Documents consisting of the written requirements for materials, equipment, construction systems, standards and workmanship for the Work, and performance of related services. 1.1.49 SUBCONTRACTOR The term "Subcontractor" means a person or firm that has a contract with Design Build Entity or with a Subcontractor of the Design Build Entity to perform a portion of the Work. Unless otherwise specifically provided, the term Subcontractor includes Subcontractors of all tiers. 1.1.50 SUBSTANTIAL COMPLETION See Article 9. 7 of the General Conditions. 2-15-12 Page 7 of 58 General Conditions (I TY OF CARLSBAD 1.1.51 SUPERINTENDENT Alga Norte Community Park SolarPV Contract No. 38372 The term "Superintendenr means the person designated by Design Build Entity to represent Design Build Entity at the Project site. in accordance with Article 3 of the General Conditions. 1.1.52 TIER The term "tier'" means the contractual level of a Subcontractor or supplier or consultant with respect to Design Build Entity. For example, a first-tier Subcontractor is under subcontract with Design Build Entity, a second-tier Subcontractor is under subcontract with a first-tier Subcontractor, and so forth. 1.1.53 INEXCUSABLE DELAY The term "Inexcusable Delay" means a delay that does not entitle the Design Build Entity to an adjustment of the Contract Sum and does not entitle the Design Build Entity to an adjustment of the Contract Time. 1.1.54 UNILATERAL CHANGE ORDER See Article 7.2 of the General Conditions. 1.1.55 CITY The term "City" or "the City" means, City of Carlsbad, the Owner of the Project. 1.1.56 CITY'S REPRESENTATIVE The term "City's Representative· means the person or firm identified as such in the Agreement. 1.1.57 CITY'S RESPONSIBLE ADMINISTRATOR The term "City's Responsible Administrator" means the person, or his or her authorized designee, who is authorized to execute Change Orders, Field Orders, and other applicable Contract Documents on behalf of the City. 1.1.58 WORK The term "Work" means all labor, materials, equipment, tools, and services, including Design Professional services, and other requirements of the Contract Documents as modified by Change Order, whether completed or partially completed, provided or to be provided by Design Build Entity to fulfill Design Build Entity's obligations . The Work may constitute the whole or a part of the Project. 1.2 OWNERSHIP AND USE OF CONTRACT DOCUMENTS 1.2.1. The Contract Documents, and all copies thereof, furnished to, or provided by, Design Build Entity are the property of the City. The City and Design Build Entity explicitly agree that all materials, electronic files/models, and documents developed in the performance of this Contract are the property of the City. The City shall have the right to use all drawings, designs, specifications, notes and any other documentation and other work developed in the performance of this Contract for the Project, or in connection with the Project, including without limitation future additions, alterations, connections, repairs, information, reference, use or occupancy and the right to re-use details of the design on any other City work, all without the Design Build Entity's consent and at no additional cost to the City. 1.2.2 The City will defend, indemnify and save harmless Design Build Entity Professional, its offocers, agents and employees from any costs or claims for damages arising from City's use on other projects of the Contract Documents, the Drawings and Specifications, or the designs depicted in them, if any of the foregoing have been provided to the City by the Design Build Entity. 1.2.3 Notwithstanding Article 1.2.2 above, the City will not defend, indemnify or save harmless Design Build Entity Professional, its officers, agents, or employees from any costs or claims asserted or imposed by any person or entity claiming that City's use of the Contract Documents, the Drawings and Specifications, or the designs depicted in them is contrary to or in violation of any copyright, patent, trade secret, trade name, trademark, or any proprietary, contractual or legal right pertaining to their use. 1.3 INTERPRETATION 1.3.1 The intent of the Contract Documents is to include all necessary criteria to establish the scope and quality for completion of the Work by the Design Build Entity. The Contract Documents are complementary and what is required by one shall be as binding as if required by all. Performance by the Design Build Entity shall be required to the extent consistent with, and reasonably inferable from, the Contract Documents. 2-15-12 Page 8 of 58 General Conditions f ""'-· c c CITY Of CARLSBAD Alga Norte Community Park SolarPV Contract No. 38372 1.3.2 In the case of conflict between tenns of the Contract Documents, the following order of precedence shall apply: .1 The Agreement and Change Orders shall control over the Supplementary Conditions . . 2 The Supplementary Conditions shall control over the General Conditions . . 3 The General Conditions shall control over the Specifications . . 4 The Specifications shall control over the Drawings . . 5 The Drawing Details over the Drawings . . 6 Where no order of precedence is stated, the more expensive of the requirements shown or specified shall be controlling . . 7 With respect to the Contract Documents, Addenda shall govern over other portions of the Contract Documents to the extent specifically noted; subsequent Addenda shall govern over prior Addenda only to the extent specifiCally noted. 1.3.3 The CHy and Design Build Entity acknowledge that the Contract Documents may differ in some respect(s) from the other documents included in the Proposal Documents upon which the Design Build Entity based Hs response(s) to the Request for Proposals. The City and Design Build EntHy explicitly agree that documents having the higher quality requirements control over any conflicting requirements of other documents. 1.3.4 Organization of the Specifications into various subdivisions and the arrangement of the Drawings shall not control Design Build Entity in dividing the Work among Subcontractors or in establishing the extent of work to be performed by any trade. 1.3.5 Unless otherwise stated in the Contract Documents, technical words and abbreviations contained in the Contract Documents are used in accordance wHh commonly understood design professional and construction industry meanings; and non-technical words and abbreviations are used in accordance with their commonly understood meanings. 1.3.6 The Contract Documents may omH modifying words such as "all" and "any," and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. The use of the word "including," when following any general statement, shall not be construed to limit such statement to specific Hems or matters set forth immediately following such word or to similar items or matters, whether or not non-limiting language (such as "without limHation," "but not limited to," or words of similar import) is used with reference thereto, but rather shall be deemed to refer to all other items or matters that could reasonably fall within the broadest possible scope of such general statement. 1.3. 7 Whenever the context so requires, the use of the singular number shall be deemed to include the plural and vice versa. Each gender shall be deemed to include any other gender, and each shall include corporation, partnership, trust, or other legal entity, whenever the context so requires. The captions and headings of the various subdivisions of the Contract Documents are intended only for reference and convenience and in no way define, limit, or prescribe the scope or intent of the Contract Documents or any subdivision thereof. ARTICLE 2 CITY 2.1 FEE AND PERMIT REQUIREMENTS 2.1.1 Except as otherwise provided in the Contract Documents. the CHy will obtain and pay for any utility permits. demolition permits, easements, health department and government approvals for the use or occupancy of permanent structures required in connection with the Work. 2.1.2 Design Build Entity will be furnished, free of charge, such copies of the Contract Documents as the City deems reasonably necessary for execution of the Work. 2.2 ACCESS TO PROJECT SITE 2-15-12 Page 9 of 58 General Conditions c c ( 11 y 0 ~ CARLSBAD Alga Norte Community Park SolarPV Contract No. 38372 2.2.1 The City will provide. as reasonably required by the Work. but in no event later than the date designated in the Construction Notice to Proceed. access to the lands and facilities upon which the construction Work is to be performed, including such access to other lands and facil~ies designated in the Contract Documents for use by Design Build Entity. 2.3 CITY'S RIGHT TO STOP THE WORK 2.3.1 If Design Build Entity fails to correct Defective Work as required by Article 12.2 of the General Condttions or fails to perform the Work in accordance with the Contract Documents, The City or City's Representative may direct Design Build Entity to stop the Work, or any portion thereof. until the cause for such order has been eliminated by Design Build Entity. Design Build Entity shall not be entitled to any adjustment of Contract Time or Contract Sum as a result of any such order. the City and City's Representative have no duty or responsibility to Design Build Entity or any other party to exercise the right to stop the Work. 2.4 CITY'S RIGHT TO CARRY OUT THE WORK 2.4.1 If Design Build Entity fails to carry out the Work in accordance with the Contract Documents, fails to provide sufficient labor. materials, equipment, tools. and services. wtth respect to etther the design or construction phases. to maintain the Contract Schedule. or otherwise fails to comply with any material term of the Contract Documents. and, after receipt of written notice from the City, fails within 2 days, excluding Saturdays, Sundays and legal holidays, or within such additional time as the City may specify, to correct such failure. the City may, without prejudice to other remedies the City may have, correct such failure at Design Build Entity's expense. In such case. the City will be entitled to deduct from payments then or thereafter due Design Build Entity the cost of correcting such failure. including without limitation compensation for the addHional services and expenses of the City's consultants made necessary thereby. If payments then or thereafter due Design Build Entity are not sufficient to cover such amounts. Design Build Entity shall pay the additional amount to the City. 2.5 CITY'S RIGHT TO REPLACE CITY'S REPRESENTATIVE 2.5.1 The City may at any time and from time to time, wHhout prior notice to or approval of Design Build Entity, replace the City's Representative with a new City's Representative. Upon receipt of notice from the City informing Design Build Entity of such replacement and identifying the new City's Representative. Design Build Entity shall recognize such person or firm as City's Representative for all purposes under the Contract Documents. ARTICLEJ DESIGN BUILDER 3.1 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY DESIGN BUILDER; SINGLE POINT RESPONSIBILITY OF DESIGN BUILDER 3.1.1 The City has carefully reviewed the qualifications of the Design Builder and has concluded that the Design Builder has the necessary significant experience to perform the required Work. The Design Builder has demonstrated that they possess the necessary experience and skilled resources to perform the Work. As such, the city asserts that this allows for a level of competence and care in the implementation of the Work than would be allowed for a lesser qualified Design Builder. 3.1.2 In addition to the examination and reviews performed, and obligations assumed, incidental to making the representations set forth in Article 10 of the Agreement, Design Build Enttty shall carefully study and compare each of the Contract Documents with the others and with information furnished by the City, and shall promptly report in writing to City's Representative any errors, inconsistencies, or omissions in the Contract Documents or inconsistencies with Applicable Code Requirements observed by DeSign Build Entity. 3.1.3 Design Build Entity is responsible for the design and construction of the Project and shall provide all services pursuant to this Contract in a manner consistent with the standard of care under California law applicable to those who specialize in providing such services for projects of the type, scope, and complexity of the Project (including tts contracting mode). The Design Build Entity shall be solely responsible for any and all design errors including, but without limitation. errors. inconsistencies or omissions in the Construction Documents. Design Build Entity shall take field measurements. verify field conditions, and carefully compare with the Contract Documents such field measurements. conditions. and other information known to Design Build Entity before commencing the Work. Errors, inconsistencies, or omissions discovered at any time shall be promptly reported in writing to Ctty's Representative. 2-15-12 Page 10 of 58 General Conditions c ~ ~{ CITY Of ~CARLSBAD Alga Norte Community Park SolarPV Contract No. 38372 3.1.4 If Design Build Entity performs any design and/or construction activity which it knows, or should know, involves an error, inconsistency, or omission referred to in Articles 3.1.2 and 3.1.3 above, without notifying and obtaining the written consent of the Ctty's Representative, Design Build Entity shall be responsible for the resultant losses, including, without limitation, the costs of correcting Defective Work. 3.1.5 The City does not assume any obligation to employ the Design Build Entity's services or pay Design Build Entity royalties of any type as to future programs that may result from the Work performed under this Contract. 3.1.6 Design Build Entity shall be responsible for all plotting, printing, copying and distribution cost of any and all documents required in connection with the Work. 3 .1. 7 Design Build Entity agrees that it has single point responsibility for the design and construction of this Project. 3.2 DESIGN, SUPERVISION AND CONSTRUCTION PROCEDURES 3.2.1 Design Build Entity shall supervise, coordinate, and direct the Work using Design Build Entity's best skill and attention. Design Build Entity shall be solely responsible for, and have control over, the entire design effort, construction means, methods, techniques, sequences, procedures, and the coordination of all portions of the Work, including, but without limitation, buildings, pool work, skate park work, landscape and site work, utilities, and building systems. 3.2.2 Design Build Entity shall be responsible to the City for acts and omissions of Design Build Entity's agents, employees, and Subcontractors, and their respective agents and employees. 3.2.3 Design Build Entity shall not be relieved of its obligation to perform the Work in accordance with the Contract Documents etther by acts or omissions of the City or City's Representative in the administration of the Contract, or by tests, inspections, or approvals required, or performed, by persons or firms other than Design Build Enttty. 3.2.4 Design Build Entity shall be responsible for inspection of all portions of the Work, including those portions already performed under this Contract, to determine that such portions conform to the requirements of the Contract Documents and are ready to receive subsequent Work. 3.2.5 To facRitate communications and the management of the design process, the Design Build Entity shall establish and maintain a local offiCe for the duration of the design process. 3.2.6 The Design Build Entity is not required to produce the entire Construction Documents package in the local office; however, the Design Build Entity shall provide the appropriate management and design staff in the local office to provide the City with the current status of, and the capability to proper1y update, the design and construction documents. 3.2. 7 The Design Build Enttty is required to deliver to the City, if requested, any and all design materials including, but not limited to, calculations. preliminary drawings, construction drawings, shop drawings, electronic media data, improvement documents, sketches, illustrations, specifications, descriptions. models, mock-ups, and other information developed, prepared, furnished, or delivered in the prosecution of the design work. 3.2.8 Design Build Entity shall at all times participate in, and implement, the CEQA mitigation process and ensure performance as required in the Contract Documents. 3.2.9 Design Build Entity is responsible for preparation of the Construction Documents for the entire Project. 3.2.10 Design Build Entity is responsible for construction of the entire Project as required by the Contract Documents. 3.2.11 Design Build Entity shall at all times maintain good discipline and order among its employees and subcontractors. Design Build Enttty shall provide competent, fully qualified personnel to perform the Work. 3.3 LABOR AND MATERIALS 3.3.1 Unless otherwise provided in the Contract Documents, Design Build Entity shall provide and pay for all professional services, other services, labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other things necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. 2-15-12 Page 11 of 58 General Conditions ~ ~< { Cl TV Of ·~CARLSBAD 3.4 DESIGN BUILDER'S WARRANTY Alga Norte Community Park SolarPV Contract No. 38372 3.4.1 Design Build Entfty warrants to the City that all labor, materials, equipment and furnishings used in, or incorporated into, the Construction Work will be of good quality, new (unless otherwise required or permitted by the Contract Documents), and all Work will be free of liens, claims and security interests of third parties; that the Work will be of the highest quality and free from defects and that all Work will conform with the requirements of the Contract Documents. If required by the City's Representative, Design Build Entity shall furnish satisfactory evidence of compliance with this warranty. Further, the type. qualfty and quantum of such evidence shall be within the sole discretion of the City's Representative. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. 3.5 TAXES 3.5.1 Design Build Entity shall pay all sales, consumer, use, income. payroll and similar taxes for the Work or portions thereof provided by Design Build Entity. 3.6 PERMITS, FEES, AND NOTICES 3.6.1 Except for the permits and approvals which are to be obtained by the City or the requirements with respect to which City is not subject as provided in Article 2.1.1 of the General Conditions. Design Build Entity shall secure, and pay for. all permits, approvals, government fees. licenses. and inspections necessary for the proper execution and performance of the Work. Design Build Entity shall deliver to the City all original licenses, permits, and approvals obtained by Design Build Entity in connection with the Work prior to the final payment or upon termination of the Contract. whichever is earlier. 3.6.2 Water Pollution Control _ The Design Build Entity shall exercise every reasonable precaution to protect channels, storm drains, and bodies of water from pollution. It shall conduct and schedule operations so as to minimize or avoid muddying and sKiing of said channels. drains, and waters. Water pollution control work shall consist of constructing those facHities which may be required to provide prevention, control. and abatement of water pollution. The Design Build Entity shall comply wilh the California State Water Resources Control Board (SWRCB) Order Number 2009- 0009-DWQ, National Pollutant Discharge Elimination System (NPDES) General Permit Number R9-2007.0001. Waste Discharge Requirements (WDR's) for Discharges of Storm Water Runoff associated with Construction Activity (General Permit) and subsequent adopted modifiCations and with all requirements of the Storm Water Pollution Prevention and Monitoring Plans for this project in accordance with these regulations. Too ·Desigf>-&ikl-E.fl\ily ·shall flf91l8f~a Storm· Water .J>elluliefl-l>FeVeAiiefl. .Plafl-iSW~H~ .acoordaflC~ wili>··ToohlliGal Speeifieatien Seetien Q2372. The Design Build Entity stlall lle mspensillle fer tF!e preparation ana implementatien-ef-lhe SWPPP ana eeereinatien witR the City-aOO-!Ile-Regional 'Nater Q,;alit)' Control Beare. San Diego RegieA. All easts fer preparing ana implemeAting the Storm '"later Peii>Jtian PreveAtien ana Menitering Plans ler this prejest aA<l saerainalian •••ith the City ana the Regional Water Quamy Central BeaFa, San Diego Region shall ee insi>Jaea as part ef IRe eentrast pFiee bid. This project is permitted by an existing Storm Water Pollution Prevention Plan ISWPPPl. The Design Build Entity must comply with all of the terms and conditions of this permit. The total prejest sest amount shall inol.,ao all weFk roEjuirea to prepare a S'A'PPP feF the ~rejeot ana inolusion al any Best Mana~oment Praotises (BMPs) FeEJuiraa ey tho SWPPP. Desiga Build Enlil'!' shall pmpare ana file a Notiee ef.ffitent (NOI) w~h the State WateF Rese~;roes Central Board. The Design Build !i>ntily "411 I'JFO'liEle the City all infermatian nesessary fer the ~101 wijhin ten (1!l) ealeAElaF aays of ContFaot aY.oanl. 3.7 APPLICABLE CODE REQUIREMENTS (NOTE: THE PLMIS AN9 SPECIFICATIONS FOR THIS PROJECT ARE MATiiRIALL~bETEI}-ANO-HAV!H)S.TAINEO.~t:;RMIT. WITH THE EXGEPTION-Of-T14E-BYJ.bDING PERMIT-REQUIREMENTS, 1\L.t.-G-THER APPLICABLE C09E REQUIREMENTS Wlbb BE MET BY THE 9ESIGN 8Ylb9ER) 3.7.1 Design Build Entity shall perform the Work in accordance with the following Applicable Code Requirements and all code requirements listed in the Scope of Work: .1 All current laws, statutes. building codes (eflferGe<l· <~Hiie -time--of·~-4h&·&ikl~ Permil,--2008h ordinances, rules, regulations, and lawful orders of all public authorHies having jurisdiction over the CHy, Design Build Entity, any Subcontractor. the Project, the Project site. the Work, or the prosecution of the Work. . 2 2-15-12 Applicable sections in the State of California Labor Code . Page 12 of 58 General Conditions CITY 0 ~ CARLSBAD Alga Norte Community Park SolarPV Contract No. 38372 .3 All Applicable Code Requirements relating to nondiscrimination. payroll records, apprentices. and work day. 3.7.2 Design Build Entily shall comply w~h and give notices required by all Applicable Code Requirements. including all environmental laws and all notice requirements under the State of California Safe Drinking Water and Enforcement Act of 1986 (State of California Health and Safety Code Section 25249.5, and applicable sections that follow}. Design Build Entity shall promptly notify the City's Representative in writing if Design Build Entity becomes aware during the performance of the Work that the Contract Documents are at variance with Applicable Code Requirements. 3.7.3 If Design Build Entity performs Work which it knows or should know is contrary to Applicable Code Requirements, without prior notice to the City and City's Representative, Design Build Entity shall be responsible for such Work and any resulting damages including, without limitation, the costs of correcting Defective Work. 3. 7.4 Design Builder shall give all notices and comply with all laws, ordinances, rules and regulations bearing on conduct of work as indicated and specified. If Design Builder observes that drawings and specifications are at variance therewith, he shall prompUy notify the Engineer in writing and any necessary changes shall be adjusted as provided for in this Contract for changes in work. If Design Builder performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Engineer, he shall bear all costs arising therefrom .1 Design Builder shall be responsible for familiarity with the Americans with Disabilities Act ("ADA"} (42 U.S.C. § 12101 et seq.} and all other federal and state disability access laws. The Work will be performed in compliance with all current rules. guidelines and regulations. 3.8 SUPERINTENDENT 3.8.1 Design Build Entity shall employ a competent Superintendent satisfactory to the City who shall be in attendance at the Project site at all times during the performance of the Construction Work. Superintendent shall represent Design Build Entity and communications given to, and received from, Superintendent shall be binding on Design Build Entity. Faiure to maintain a Superintendent on the Project site at all times Work is in progress shall be considered a material breach of this .,_.. Contract. entitling the City to terminate the Contract or, alternatively, issue a stop Work order until the Superintendent is on the Project site. If, by virtue of issuance of said stop Work order, Design Build Entity fails to complete the Contract on time, Design Build EntRy will be assessed Liquidated Damages in accordance with the Agreement. c 3.8.2 The Superintendent approved for the Project must be able to read, write and verbally communicate in English. The Superintendent may not perform the Work of any trade, pick-up materials, or perform any Work not directly related to the supervision and coordination of the Construction Work at the Project site when Work is in progress. In addition, the Design Build Entity will provide all Key Personnel shown in the Technical Proposal for the time periods stipulated. 3.9 TOXIC MATERIALS 3.9.1 The Design Build Entity is responsible for unforeseen site conditions and toxic materials to the extent described in the Contract Documents and/or that could be reasonably inferred by the Design Build Entity based on its experience and expertise on simUar projects in urban areas. 3.10 HAZARDOUS MATERIALS 3.1 0.1 The Design Build Entity agrees that it is solely responsible for investigating and performing remedial actions on all hazardous materials and other related environmental requirements located on the Project site. For the purposes of this Contract, Hazardous Materials shall also include, but are not limited to. Underground storage tanks. Any Hazardous Materials that are encountered beyond those described in the Contract Documents or Proposal Documents. or which reasonably could not have been discovered within the time permitted, may properly be the subject of a Change Order Request. The City agrees that the Design Build Entity cannot be considered a hazardous materials generator of any such materials in existence on the Site at the time it is given possession of the Site. "Underground Storage Tank" shall have the definition assigned to that term by Section 9001 of RCRA, 42 U.S. C. Section 6991, and also shall include: any tank of one thousand one hundred (1,100} gallons or less capacity used for storing motor fuel; any tank used for storing heating oil for consumption on the premises where stored; any septic tank; and any pipes connected to the above items. 3.10.2 The City shall not be responsible for any Hazardous Material brought to the site by the Design Build Entity. 3.10.3 If the Design Build Entity: (i} introduces and/or discharges a Hazardous Material onto the site in a manner not specified by the Contract Documents; and/or (ii} disturbs a Hazardous Material identified in the Contract Documents, the 2-15-12 Page 13 of 58 General Conditions c C 11 Y OF CARLSBAD Alga Norte Community Park SolarPV Contract No. 38372 Design Build EntHy shall hire a qualified remediation Design Builder at Design Build Entity's sole cost to eliminate the condHion as soon as possible. Under no circumstance shall the Design Build Entity perform Work for which it is not qualified. The City, in its sole discretion, may require the Design Build Entity to retain at Design Build Entity's cost an independent testing laboratory. 3.10.4 If the Design Build Entity encounters a Hazardous Material which may cause foreseeable injury or damage, Design Build Entity shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such material or substance (except in an emergency situation); and (iii) notify the City (and promptly thereafter confirm such notice in writing). 3.10.5 Subject to Design Build Entity's compliance with Article 3.10.4, the City shall verify the presence or absence of the Hazardous Material reported by the Design Build Entity, except as qualified under Section 3.10.2 and 3.10.4, and, in the event such material or substance is found to be present, verify that the levels of the hazardous material are below OSHA Permissible Exposure Levels and below levels which would classify the material as a state of California or federal hazardous waste. When the material falls below such levels, Work in the affected area shall resume upon direction by the Cny. The Contract Time and Sum shall be extended appropriately as provided in Articles 7 and 8. 3.10.6 The City shall indemnify and hold harmless the Design Build Entity from and against claims, damages, losses and expenses, arising from a Hazardous Material on the Project site, if such Hazardous Material: (i) was not shown on the Contract Documents or Information Available to Bidders; (ii) was not brought to the site by Design Build Entity; and (iii) exceeded OSHA Permissible Exposure Levels or levels which would classify the material as a state of California or federal hazardous waste. The indemnity obligation in this Article shall not apply to: .1 Claims, damages. losses or expenses arising from the breach of contract, negligence or willful misconduct of Design Build Entity. its suppliers. Hs Subcontractors of all tiers and/or any persons or entities working under Design Build Entity; and .2 Claims, damages, losses or expenses arising from a Hazardous Material subject to Article 3.10.2. 3.10.7 In addition to the requirements in Article 3.28, Design Build EntHy shall indemnify and hold harmless the City of Carlsbad from and against claims, damages, losses and expenses, arising from a Hazardous Material on the Project site. if such Hazardous Material: (i) was shown on the Contract Documents or Information Available to Bidders; (ii) was brought to the site by Design Build Entity; and (iii) exceeded OSHA Permissible Exposure Levels or levels which would classify the material as a state of California or federal hazardous waste. Nothing in this paragraph shall obligate the Design Build Entity to indemnify the City in the event of the sole negligence of the City, Hs officers, agents, or employees. 3.11 CONSTRUCTION DOCUMENTS (NOTE: the plaRs aRd speelfieatieRs fer this prejeet are eempleted aRd ha'le beeR permitted, this seelieR applies te aRy desigR ehaRges thai may require sigRifieaRt develepmeRt aRd be required te be permitted) 3.11.1 Construction Documents .1 Upon receipt of the Notice to Proceed for Phase 2, the Design Build Entity shall instruct the appropriate Design Professional or Architect of Record to commence the design of the building systems and the preparation of the Construction Documents. The Construction Documents shall provide information customarily necessary in documents for projects of similar size. complexity. and quality. The Construction Documents shall include all information required by the bu~ding trades to complete the construction of the Project, other than such details customarily developed by others during construction. The City's review of the construction documents shall be conducted in accordance with the approved Contract Schedule with procedures set forth in Article 3.16 of the General Conditions relating to Schedule. Such review shall not relieve the Design Build Entity from Hs responsibiiHies under this Contract. Such review shall not be deemed an approval or waiver by the City of any deviation from, or of the Design Build Entity's failure to comply with, any provision or requirement of the Contract Documents, unless such deviation or failure has been identified as such in writing in the document submitted by the Design Build Entity and approved by the City . . 2 It is acknowledged by the parties hereto that inherent in a design build concept, bridging or otherwise, the production and review of Construction Documents may be a continuing process with portions thereof completed at different times. The Design Build Entity will limit the Construction Document packages for construction to a reasonable number, not more than that stipulated in the Supplementary Conditions, unless approved in writing by the City. Contract Schedule shall indicate the limes for the City to review the completion of each such portion of the Construction Documents and a reasonable time for review of same. Page 14 of 58 General Conditions c ~ ({ CITY Of Alga Norte Community Park SolarPV Contract No. 38372 ~CARLSBAD .3 The Design Build Entity shall submit completed packages of the Construction Documents for review by the City, the City Fire Marshal, and any other Agency Having Jurisdiction (AHJ) Review meetings between the Design Build Entity and the C~y to review the Construction Document packages, shall be scheduled and held so as not to delay the Work. After reviewing the Construction Documents package for conformance to the Criteria Documents, the City will issue a Construction Notice to Proceed to the Design Build Entity . . 4 The Conslruction Documents for hazardous and/or toxic abatement efforts and demolition acliv~y shall be of sufficient clar~ and shall be fully detailed when submitted to the C~y for review. 3.11.2 Shop Drawings, Product Data, Samples, Materials, and Equipment .1 Shop drawings means drawings, submitted to Design Build Entity by subcontractors, manufacturers, supplier or distributors, showing in detail the proposed fabrication and assembly of building elements and the installation (e.g., form, m. and attachment details) of materials or equipment. .2 Design Build Entity shall coordinate all submittals and review them for accuracy, completeness, and compliance with the requirements of the Contract Documents and the Design Build Entity's Construction Documents and shall indicate its approval thereon as evidence of such coordination and review . . 3 Materials and equipment incorporated in the Work shall match the approved samples within tolerances appropriate to the items, and as may be described in the Contract Documents . . 4 The Design Build Entity shall submit shop drawings approved by the Architect of Record and samples of submittals that relate to finish materials and products . . 5 Any variation in quality must be approved by the City. 3.11.3 Field Engineering .1 The Design Build Entity shall retain and pay expenses of a civil engineer or land surveyor to establish on the S~e the required reference points and benchmarks, establish building lines and elevations. check for building framing, plumbness. and establish on building frame the required basic grid lines. The engineer or land surveyor shall be licensed in the State of California . . 2 The Design Build Entity shall locate and protect control points prior to starting Work on the Project stte and preserve permanent reference points during construction, and shall require the engineer or surveyor to replace control points which become lost or destroyed. 3.11.4 Geotechnical and Survey .1 The Ctty has provided the Design Build Ent~ with a geotechnical report which includes supporting data, findings and recommendations; and also with a legal description and a project survey that are included in the Contract Documents. The Design Work shall be consistent wtth both the findings and recommendations of the geotechnical report and legal description and project survey . . 2 The Design Build Ent~ shall verify the location and depth (elevation) of all existing utilities and services before performing any excavation Work. 3.12 MONTHLY REPORTS 3.12.1 The Design Build Entity shall prepare and submtt to the City, during both the Construction Documents Phase and the Construction Phase, monthly reports on the Work accomplished during the prior monthly period. Such reports shall be prepared in a manner and in a format approved by the City. Reports shall be furnished at the time of submission of each monthly application for payment. The monthly report shall also set forth the Design Build Entity's projected progress for the forthcoming month. 3.13 OTHER REPORTS 2-15-12 Page 15 of 58 General Conditions c ( 11 Y OF CARLSBAD (' ,. Alga Norte Community Park SolarPV Contract No. 38372 3.13. 1 The Design Build Entity will cooperate with the City in preparing. or causing to be prepared. all or part of. periodic project reports required by state or federal agencies. 3.14 NOTICES OF LABOR DISPUTE 3.14.1 If Design Build Entity has knowledge that any actual or potential labor dispute is delaying, or threatens to delay, the timely performance of the Work, Design Build Entity shall immediately give notice including all relevant information to the City. 3.14.2 Design Build Entity agrees to insert the substance of this Article including this Article 3.14.2, in any subcontract to which a labor dispute may delay the timely performance of the Work, except that each subcontract shall provide that in the event its timely performance is delayed or threatened by delay by any actual or potential labor dispute, the subcontractor shall immediately notify the next higher tier subcontractor or Design Build Entity, as the case may be, of all relevant information concerning the dispute. 3.15 GUARANTEE 3.15.1 The Design Build Entity unconditionally guarantees the Work will be completed in accordance w~h the requirements of the Contract Documents. and will remain free of defects in workmanship and materials for a period of two (2) years from the date of Final Completion, unless a longer guarantee period is specifiCally called for in the Contract Documents. The Design Build Entity shall repair or replace any and all work, together with any adjacent work that may have been damaged or displaced, which was not in accordance w~h the requirements of the Contract Documents. or that may be defective in its workmanship or material w~hin the guarantee period specified in the Contract Documents, without any expense whatsoever to the City; ordinary wear and tear and abuse excepted. 3.15.2 The Design Build Entity further agrees, within fourteen (14) days, or as such shorter period as may be designated for emergency repairs, after being notified in writing by the City, of any work not in accordance with the requirements of the Contract Documents or any defects in the Work, that the Design Build Entity shall commence and execute, with due diligence, all work necessary to fulfill the terms of the guarantee. If the City finds that the Design Build Entity faHs to perform any of the work under the guarantee, the City may elect to have the work completed at the Design Bu~d Entity's expense and the Design Build Entity will pay costs of the work upon demand. The City will be entitled to all costs, including reasonable attorneys' fees and consultants' expenses necessarily incurred upon the Design Build Entity's refusal to pay the above costs. 3.15.3 Notwithstanding the foregoing Article 3.15.2, in the event of an emergency constituting an immediate hazard to health or safety of the City employees, property, or licensees, the C~y may undertake, at the Design Build Entity's expense and without prior notice, all work necessary to correct such hazardous condition(s) when it is caused by work of the Design Build Entity not being in accordance with the requirements of the Contract Documents. 3.16 SCHEDULES REQUIRED OF DESIGN BUILDER 3.16.1 The Preliminary Schedule provided with the Request for Proposal provides the Design Build Entity schedule information to illustrate all Contract Milestones and any anticipated overlap of Phases. The Design Build Entity shall develop its required Contract schedules for review and approval by the City based on and consistent w~h such Preliminary Schedule. 3.16.2 Design Build Entity shall subm~ an initial Contract Schedule and updated Contract Schedules to C~y's Representative in the form and within the time limits required by the Contract Documents, or. if no such time period is specified, w~hin a reasonable period of time. City's Representative will determine acceptability of the Contract Schedule and updated Contract Schedules within the time lim~s required by the Contract Documents, or if no such time period is specified, within a reasonable period of time. If the City's Representative deems the Contract Schedule or updated Contract Schedule unacceptable, it shall specify in writing to Design Build Entity the basis for its objection. 3.16.3 The Contract Schedule and updated Contract Schedules shall represent a practical plan to complete the Work within the Contract Time. Schedules showing the Work completed in less than the Contract Time as reflected in the Preliminary Schedule may be acceptable if judged by City's Representative to be practical. Schedules showing the Work completed beyond the Contract Time may be submitted under the following circumstances: 2-15-12 .1 If accompanied by a Change Order Request seeking an adjustment of the Contract Time consistent the requirements of paragraph 8.4 for Adjustment of the Contract Time for Delay.; or Page 16 of 58 General Conditions ,.... ~ c CITY Of. CARLSBAD Alga Norte Community Park SolarPV Contract No. 38372 .2 If the Contract Time has passed. or if it is a practical impossibKity to complete the Work within the Contract Time, then the updated Contract Schedule or Fragnet schedule shall show completion at the earliest practical date . . 3 City's Representative will timely review the updated Contract Schedule or Fragnet Schedule submitted by Design Build Entity. If City's Representative determines that additional supporting data are necessary to fully evaluate the updated Contract Schedule or Fragnet Schedule, City's Representative will request such additional supporting data in writing. Such data shall be furnished no later than 10 days after the date of such request. City's Representative will render a decision promptly and in any case within 30 days after the later of the receipt of the updated Contract Schedule or Fragnet Schedule or the deadline for furnishing such additional supporting data. Failure of City's Representative to render a decision by the applicable deadline will be deemed a decision denying approval of the updated Contract Schedule or Fragnet Schedule. Acceptance of any schedule showing completion beyond the Contract Time by City's Representative shall not change the Contract Time and is without prejudice to any right of the City. The Contract Time, not the Contract Schedule, shall control in the determination of liquidated damages payable by Design Build Entity under Article 5 and Article 6 of the Agreement and in the determination of any delay under Article 8 of the General Conditions. 3.16.4 If a Contract Schedule showing the Work completed in less than the Contract Time is accepted, Design Build Entity shall not be entitled to extensions of the Contract Time for Excusable Delays or Compensable Delays or to adjustments of the Contract Sum for Compensable Delays until such delays extend the Final Completion of the Work beyond the expiration of the Contract Time. 3.16.5 Design Build Entity shall prepare and keep current, to the reasonable satisfaction of City's Representative, a schedule of submittals and that is coordinated with the Contract Schedule. 3.16.6 The Contract Schedule and the updated Contract Schedules shall meet the following requirements: . 1 Schedules must be suitable for monitoring progress of the Work . .2 Schedules must provide necessary data about the timing of the City decisions and City furnished items . . 3 Schedules must be in sufficient detail to demonstrate adequate planning of the Work . .4 Schedules must represent a practical plan to perform and complete the Work within the Contract Time. 3.16.7 The City's Representative's review of the form and general content of the Contract Schedule and updated Contract Schedules is for the purpose of determining if the above-listed requirements have been satisfied. 3.16.8 Design Build Entity shall plan, develop, supervise, control, and coordinate the performance of the Work so that its progress and the sequence and timing of Work will permit its completion within the Contract Time. any Contract milestones and any Contract phases. 3.16.9 In preparing the Preliminary Contract Schedule, the Contract Schedule, and updated Contract Schedules, Design Build Entity shall obtain such information and data from Subcontractors as may be required to develop a reasonable and appropriate schedule for performance of the work and shall provide such information and data to the City's Representative upon request. Design Build Entity shall continuously obtain from Subcontractors information and data about the planning for, and progress of, the Work and the delivery of equipment, shall coordinate and integrate such information and data into updated Contract Schedules, as appropriate, and shall monitor the progress of the Work and the delivery of equipment. The City requires the Design Builder to employ the "pull planning" method of schedule development. 3.16.10 Design Build Entity shall act as the expediter of potential and actual delays, interruptions, hindrances, or disruptions for its own forces and those forces of Subcontractors, regardless of tier. 3.16.11 Design Build Entity shall cooperate with the City's Representative in the development of the Contract Schedule and updated Contract Schedules. Design Build Entity shall plan and schedule all of its Work based on the assumption that the City will exercise its Option for Phase 3 within 30 days of the completion of Phase 2 unless otherwise directed in writing by the City. After the City exercises its Option for Phase 3, the Design BUild Entity shall modify ils Contract Schedule to reflect the actual date that the City exercises its Option for Phase 3. 2-15-12 Page 17 of 58 General Conditions I" ~ (I lY OF CARLSBAD Alga Norte Community Park SolarPV Contract No. 38372 t· '. 3.16.12 City's Representative's acceptance of or fts review comments about any schedule or scheduling data shall not relieve Design Build Entity from its sole responsibilfty to plan for, perform, and complete the Work within the Contract Time. Acceptance of or review comments about any schedule shall not transfer responsibility for any schedule to the City's Representative or the Cfty nor imply their agreement with (1) any assumption upon which such schedule is based or {2) any matter underiying or contained in such schedule. Failure of the Cfty's Representative to discover errors or omissions in schedules that it has reviewed, or to inform Design Build Entity that Design Build Entity, Subcontractors, or others are behind schedule, or to direct or enforce procedures for complying with the Contract Schedule shall not relieve Design Bund Entity from its sole responsibility to perform and complete the Work within the Contract Time and shall not be a cause for an adjustment of the Contract Time or the Contract Sum. 3.17 AS-BUILT DOCUMENTS 3.17.1 Design Build Entity shall maintain one (1) set of As-built drawings and specifications, which shall be kept up-to-date during the Work of the Contract. This document will be an electronic file or Building Information Model {BIM) all changes which are incorporated into the Work which differ from the documents as drawn and written and approved shall be noted on the as-built set. Notations shall reflect the actual materials. equipment and installation methods used for the Work; each revision shall be initialed and dated by Superintendent. Prior to filing of the Notice of Completion, each drawing and the specification cover shall be signed by Design Build Enttty and dated, attesting to the completeness of the information noted therein. As-built Documents shall be turned over to the City's Representative and shall become part of the Record Documents as required by the Scope of Work. 3.18 DOCUMENTS AND SAMPLES AT PROJECT SITE 3.18.1 Design Build Entfty shall maintain the following at the Project site: .1 One as-built copy of the Contract Documents, in good order and marked to record current changes and selections made during construction . . 2 The current accepted Contract Schedule . . 3 Shop Drawings, Product Data, and Samples . . 4 All other required submittals. These documents shall be available to the Cfty's Representative and shall be delivered to the City's Representative for submittal to the City upon the earlier of Final Completion or termination of the Contract. 3.19 SHOP DRAWINGS, PRODUCT DATA, SAMPLES AND BIM MODELS 3.19.1 Definitions: .1 Shop Drawings are drawings (physical or electronic), diagrams, schedules, and other data specially prepared for the Work by Design Build Entfty or a Subcontractor to illustrate some portion of the Work . . 2 Product Data are illustrations, standard schedules, per1ormance charts, instructions, brochures, diagrams, and other information furnished by Design Build Entfty to illustrate or describe materials or equipment for some por1ion of the Work . . 3 Samples are physical examples that illustrate materials, equipment, or workmanship and establish standards by which the Work will be judged . . 4 BIM Models are Building Information Modeling {BIM) is a digttal representation of physical and functional characteristics of a facilfty. A BIM is a shared knowledge resource for information about a facility forming a reliable basis for decisions during tts life-cycle; defined as existing from earliest conception to demolition. 3.19.2 Shop Drawings, Product Data, Samples, BIM Models and similar submittals are not Contract Documents. Their purpose is to demonstrate, for those portions of the Work for which submittals are required, how Design Build Entfty proposes to conform to the information given and the design concept expressed in the Contract Documents. 2-15-12 Page 18 of 58 General Conditions c c ~ :(~"' (llY OF ·~CARLSBAD Alga Norte Community Park SolarPV Contract No. 38372 3.19.3 Design Build Entity shall review, approve, and submit to the City's Representative Shop Drawings, Product Data, Samples, BIM Models and similar submittals required by the Contract Documents with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the City or of Separate Contractors. Submittals made by Design Build Entity that are not required by the Contract Documents may be returned without action by the City's Representative. 3.19.4 Design BuHd Entity shall perform no portion of the Work requiring submittal and review of Shop Drawings, Product Data, Samples, BIM Model or similar submittals until the respective submittal has been reviewed by the City's Representative and no exceptions have been taken by the City's Representative or the City's Representative's Consultants. Such Work shall be in accordance with approved submittals and the Contract Documents. 3.19.5 By approving and submitting Shop Drawings, Product Data. Samples. BIM Model and similar submittals, Design Build Entity represents that it has determined or verified materials and field measurements and conditions related thereto, and that it has checked and coordinated the information contained within such submittals with the requirements of the Contract Documents and Shop Drawings/BIM Model for related Work. 3.19.6 If Design Build Entity discovers any conflicts, omissions, or errors in Shop Drawings or other submittals, Design Build Entity shall notify the City's Representative and receive instruction before proceeding with the affected Work. Design Build Entity shall be responsible to correct to the satisfaction of the City, any conflicts, omissions, or errors in Shop Drawings/BIM Model or other submittals. 3.19. 7 Design Build Entity shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the City's Representative's review of Shop Drawings, Product Data, Samples, BIM Model or similar submittals, unless Design Build Entity has specifically informed the City's Representative in writing of such deviation at the time of submittal and the City's Representative has given written approval of the specific deviation. Design Build Entity shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples, BIM Model or similar submittals by the City's Representative's review, acceptance, comment. or approval thereof. 3.19.8 Design Build Entity shall direct specifiC attention, in writing or on resubmitted Shop Drawings, Product Data. Samples. BIM Model or simUar submittals, to revisions other than those requested by the City's Representative on previous submittals. 3.19.9 The City will review first resubmittal of Shop Drawing/BIM Model at its cost. The City reserves the right to reduce the Contract Sum by Change Order for its cost for any subsequent reviews of Shop Drawing resubmittals. 3.20 USE OF SITE AND CLEAN UP 3.20.1 Design Build Entity shall confine operations at the Project site to areas permitted by law, ordinances, permits, and the Contract Documents. Design Build Entity shall not unreasonably encumber the Project site with materials or equipment. 3.20.2 Design Build Entity shall, during performance of the Work, keep the Project site and surrounding area free from the accumulation of excess dirt, waste materials, and rubbish caused by Design Build Entity. Design Build Entity shall remove all excess dirt, waste material, and rubbish caused by the Design Build Entity; tools; equipment; machinery; and surplus materials from the Project site and surrounding area at the completion of the Work. Failure to maintain the site may cause the City to give the Design Builder notice of this fact. Upon such notice, the Design Builder must remedy the situation within 24 hours of receipt of the notice. The Design Builder's failure to comply may cause the City to perform the work at the Design Builder's cost. 3.20.3 Personnel of Design Build Entity and Subcontractors shall not occupy, live upon, or otherwise make use of the Project site during any time that Work is not being performed at the Project site, except as otherwise provided in the Contract Documents. 3.21 PROJECT SITE MAINTENANCE. 3.21.1 Cleanup and Dust Control. Throughout all phases of construction, including suspension of work, and until the final acceptance, the Design Builder shall keep the site clean and free from rubbish and debris. The Design Builder shall also abate dust nuisance by cleaning, sweeping and sprinkling with water, or other means as necessary. The use of water resulting in mud on public streets will not be permitted as a substitute for sweeping or other methods. 2-15-12 Page 19 of 58 General Conditions ~ (•: CITY OJ. ~CARLSBAD Alga Norte Community Park SolarPV Contract No. 38372 When required by the Plans or Specifications. the Design Builder shall furnish and operate a self-loading motor sweeper with spray nozzles at least once each working day for the purpose of keeping paved areas acceptably clean wherever construction, including restoration, is incomplete. Materials and equipment shall be removed from the site as soon as they are no longer necessary. Before the final inspection, the site shall be cleared of equipment, unused materials, and rubbish so as to present a satisfactory clean and neat appearance. All cleanup costs shall be included in the Design Bu~der'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 sKe as soon as practicable after stripping. Failure of the Design Builder to comply with the Engineer's cleanup orders may result in an order to suspend work until the condition is corrected. No additional compensation will be allowed as a result of such suspension. Cleanup and dust control required herein shall also be executed on weekends and other non-working days when needed to preserve the health safety or welfare of the public. The Design Builder shall conduct effective cleanup and dust control throughout the duration of the Contract The Engineer may require increased levels of cleanup and dust control that. in his/her sole discretion, are necessary to preserve the health, safety and welfare of the public. Cleanup and dust control shall be considered incidental to the ~ems of work that they are associated with and no additional payment will be made therefore. 3.21.2 Air Pollution Control. The Design Builder shall not discharge smoke, dust. or any other air contaminants into the atmosphere in such quantity as will violate the regulations of any legally constituted authority. C 3.21.3 Vermin Control. At the time of acceptance, structures entirely constructed under the Contract shall be free of rodents, . insects, vermin, and pests. Necessary extermination wori< shall be arranged and paid for by the Design Builder as part of the Work within the Contract time, and shall be performed by a licensed exterminator in accordance with requirements of governing authorKies. The Design Builder shall be liable for iliury to persons or property and responsible for the elimination of c offensive odors resulting from extermination operations. 3.21.4 Sanitation. The Design Builder shall provide and maintain enclosed toilets for the use of employees engaged in the Work. These accommodations shall be maintained in a neat and sanKary condition. They shall also comply with all applicable laws, ordinances, and regulations pertaining to public health and sanitation of dwellings and camps. Wastewater shall not be interrupted. Should the Design Builder disrupt existing sewer facilities, sewage shall be conveyed in closed conduits and disposed of in a sanitary sewer system. Sewage shall not be permitted to flow in trenches or be covered by backfill. 3.21.5 Temporary Light, Power, and Water. The Design Builder shall furnish, install, maintain, and remove all temporary light, power, and water at ~ own expense. These include piping, wiring, lamps, and other equipment necessary for the Work. The Design Builder shall not draw water from any fire hydrant (except to extinguish a fire), wKhout obtaining permission from the water agency concerned. The Design Builder shall obtain a construction meter for water used for the construction, plant establishment, maintenance, cleanup, testing and all other work requiring water related to this contract. The Design Builder shall contact the appropriate water agency for requirements. The Design Builder shall pay all costs of temporary light, power and water including hookup, service, meter and any, and all, other charges, depos~ and/or fees therefore. Said costs shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. 3.21.6 Water Pollution Control. The Design Builder shall exercise every reasonable precaution to protect channels, storm drains, and bodies of water from pollution. It shall conduct and schedule operations so as to minimize or avoid muddying and silting of said channels, drains, and waters. Water pollution control work shall consist of constructing those facilities which may be required to provide prevention, control, and abatement of water pollution. 3.21.7 The Design Builder shall comply with the California State Water Resources Control Board (SWRCB) Order Number gg-QB-DWQ (or current equivalent). National Pollutant Discharge Elimination System (NPDES) General PermK 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. 2-15-12 Page 20 of 58 General Conditions c C 11 Y OF CARLSBAD 3.22 CUTIING, FITTING, AND PATCHING Alga Norte Community Park SolarPV Contract No. 38372 3.22.1 Design Build Entity shall do all cutting, filling. or patching of the Work required to make all parts of the Work come together properly and to allow the Work to receive or be received by work of Separate Contractors shown upon, or reasonably implied by, the Contract Documents. 3.22.2 Design Build Entity shall not endanger the Work, the Project, or adjacent property by cutting, digging, or otherwise. Design Build Entity shall not cut or alter the work of any Separate Contractor without the prior consent of the City's Representative. 3.23 ACCESS TO WORK BY THE CITY 3.23.1 The City, CHy's Representative, their consu~ants, and other persons authorized by the City will at all times have access to the Work wherever tt is in preparation or progress. Design Build Entity shall provide safe and proper facilities for such access and for inspection. 3.23.2 The Design Build Entity shall provide field offices for the City's Representative. the City's Construction Manager, a Field Engineer, and a small conference room wHhin the construction offiCe compound. The facilities provided for Ctty personnel shall be at suHable locations approved by the City's Representative. Such facilities must be in a room, building, or trailer provided for this purpose with acceptable means for locking. All facilities shall conform to the applicable codes. ordinances, and regulations of the local jurisdiction and of the State of California. and shall conform to current practice. The interior shall be paneled or suitably lined to provide a faciltty of good appearance. The space shall have mechanical heating and cooling. The Design Builder shall provide power and data connections for computers (computers to be provided by the city), a printer connected to a common server, internet access. phones connected to a local phone company for each office and conference room, janitorial and other maintenance services in all types of facilities provided. Such services shall include the supply of the appropriate paper products and dispensers. Trash receptacles shall be provided and emptied by the Design Builder at weekly intervals or sooner as required. The trash shall be removed from the project site. All costs to furnish, maintain, service, and remove the specified faciiHies at the project sHe shall be included in the price bid for such facilities. If no bid item is provided in the proposal, costs shall be included in other items for which bids are entered. The first progress payment will not be approved until all facilities are in place and fully comply with the Specifications. 3.24 ROYALTIES AND PATENTS 3.24.1 Design Build En!Hy shall pay all royalties and license fees required for the performance of the Work. Design Build EntHy shall defend suits or claims resulting from Design Build EntHy's or any Subcontractor's infringement of patent rights and shall indemnify, defend and hold harmless the City and City's Representative from losses on account thereof. 3.25 DIFFERING SITE CONDITIONS 3.25.1 If Design Build Entity encounters any of the following conditions at the site, Design Build Entity shall immediately notify the City's Representative in writing of the specific differing conditions before they are disturbed and before any affected Work is performed. and permit investigation of the conditions: .1 Subsurface or latent physical conditions at the sHe which differ materially from those indicated in this Contract, or if not indicated in this Contract, in the City Furnished Information; or .2 Unknown physical condHions at the site. of an unusual nature. which differ materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract. 3.25.2 Design Build Entity shall be entitled to an adjustment to the Contract Sum and/or Contract Time as the result of extra costs and/or delays resulting from a materially differing site condition, if and only if Design Build Enttty fulfills the following conditions: .1 Design Build Entity fully complies with Article 3.25.1 above; and 2-15-12 Page 21 of 58 General Conditions c CllV or; CARLSBAD Alga Norte Community Park SolarPV Contract No. 38372 ~' ' .2 Design Build Entity fully complies wtth Article 4 of the General Conditions (including the timely filing of a Change Order Request and all other requirements for Change Orders Requests and Claims). 3.25.3 Adjustments to the Contract Sum and/or Contract Time shall be subject to the procedures and limftations set forth in Articles 7 and 8 of the General Conditions. 3.26 CONCEALED, UNFORESEEN, OR UNKNOWN CONDITIONS OR EVENTS 3.26.1 Except and only to the extent provided otherwise in Articles 3.24, and Articles 7 and 8 of the General Cond ftions, by signing the Agreement, Design Build Entity agrees: .1 To bear the risk of concealed, unforeseen or unknown conditions and events. if any, which may be encountered in performing the Contract; and .2 That Design Build Entity's Pricing Proposal Form for the Contract was made with full knowledge of this risk. 3.26.2 In agreeing to bear the risk of concealed, unforeseen or unknown conditions and events, Design Build Entity understands that, except and only to the extent provided otherwise in Articles 3.24, and Articles 7 and 8 of the General Conditions, concealed, unforeseen or unknown conditions shall not excuse Design Build Entity from its obligation to achieve full completion of the Work within the Contract Time, and shall not entitle the Design Build Entity to an adjustment of the Contract Sum. 3.26.3 If, as the result of concealed, unforeseen or unknown conditions or events, the City issues a Change Order or Field Order that changes design details from those details depicted in the Criteria Documents, Design Build Entity shall be entitled, subject to compliance with all the provisions of the Contract, including those set forth in Articles 4, 7 and 8 of the General Conditions, to an adjustment of the Contract Sum and/or Contract Time, for the cost and delay resulting from implementing the changes to the design. Except as provided in this Article 3.25.3, or as may be expressly provided otherwise in the Contract, there shall be no adjustment of the Contract Sum and/or Contract Time as a result of concealed, unforeseen or unknown conditions or events. 3.26.4 Design Build Entity shall, as a condition precedent to any adjustment in Contract Sum or Contract Time under this Article 3.25.4, fully comply with Article 4 of the General Conditions (including the timely filing of a Change Order Request and all other requirements for Change Orders Requests and Claims). 3.27 INFORMATION AVAILABLE TO PROPOSERS 3.27.1 Any information provided pursuant to REQUEST FOR PROPOSALS is subject to the following provisions: .1 The information is made available for the convenience of Proposers and is not a part of the Contract. .2 The Design Build Entity may rely on written descriptions of physical condftions included in the information to the extent such reliance is reasonable . . 3 Other components of the information, including but not limfted to recommendations, may not be relied upon by Design Build Entity. The City shall not be responsible for any interpretation of or conclusion drawn from the other components of the information by the Design Build Entity. 3.28 LIABILITY FOR AND REPAIR OF DAMAGED WORK 3.28.1 Design Build Enttty shall be liable for any and all damages and losses to the Project (whether by fire, theft, vandalism, earthquake, flood or otherwise) prior to the City's acceptance of the Project as fully completed except that Design Build Entity shall not be liable for earthquake in excess of magnitude 3.5 on the Richter Scale, tidal wave, or flood, provided that the damages or losses were not caused in whole or in part by the negligent acts or omissions of Design Build Entity, its offocers, agents or employees (including all Subcontractors and suppliers of all tiers). As used herein, "flood" shall have the same meaning as in the builder's risk property insurance. 3.28.2 Design Build Entity shall promptly repair and replace any Work or materials damaged or destroyed for which the Design Build Enttty is liable under Article 3.27.1 above. 2-15-12 Page 22 of 58 General Conditions ~ -~I' Cl TV Of. ·~CARLSBAD Alga Norte Community Park SolarPV Contract No. 38372 3.28.3 Notwithstanding the Design Build EntHy"s financial liability for any damage or losses that may or may not be covered by the builder's risk property insurance provided hereunder, the Design Build Entity shall promptly repair and replace any Work or materials damaged or destroyed during the term of this Project and work to maintain or recover the project schedule. The Design Build Entity shall be responsible to protect the site and segregate all costs associated with any required corrective action. including costs to expedHe material and work overtime as necessary to maintain the schedule. 3.29 INDEMNIFICATION 3.29.1 Design Builder shall assume the defense of. pay all expenses of defense. and indemnify and hold harmless the City, and its officers and employees, from all claims, loss. damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection wHh the performance of the Contract or work; or from any failure or alleged failure of Design Builder to comply with any applicable law. rules or regulations including those relating to safety and health; and from any and all claims, loss. damages, injury and liabiiHy, 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, arbHration, or other dispute resolution method. 3.29.2 Design Builder shall also defend and indemnify the City against any challenges to the award of the contract to Design Builder, and Design Builder will pay all costs. including defense costs for the City. Defense costs include the cost of separate counsel for the City, if the City requests separate counsel. 3.29.3 Design Builder shall also defend and indemnify the City against any challenges to the award of the contract to Design Builder, arising in whole or in part from alleged inaccuracies or misrepresentation by the Design Builder. whether intentional or otherwise, and Design Builder will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for the City, if the City requests separate counsel. 3.29.4 Design Builder shall also defend and indemnify the City against any attempts by Design Builder's insurance carriers to recover or subrogate against the CHy for any and all losses arising in connection with Design Builder's performance of work or services under the Contract covered by the insurance 3.29.5 Design Build Entity shall indemnify, defend and hold harmless the City. it's offiCials. employees. volunteers. City's consultants, CHy"s Representative. City's Representative's consu~ants, and their respective directors, offiCers, agents. and employees from and against losses (including without limHation the cost of repairing defective work and remedying the consequences of defective work) arising out of, resulting from. or relating to the following: .1 The failure of Design Build EntHy to perform its obligations under the Contract. .2 The inaccuracy of any representation or warranty by Design Build Entity given in accordance wHh or contained in the Contract Documents . . 3 Any claim of damage or loss by any Subcontractor against the City arising out of any alleged act or omission of Design Build Entity or any other Subcontractor, or anyone directly or indirectly employed by Design Build Entity or any Subcontractor. .4 Any claim of damage or loss resulting from Hazardous Materials introduced, discharged, or disturbed by Design Build Entity as required per Article 3.10.7. 3.29.6 The CHy shall not be liable or responsible for any accidents, loss. injury (including death) or damages happening or accruing during the term of the performance of the Work herein referred to or in connection therewHh. to persons and/or property. and Design Build Entity shall fully indemnify, defend and hold harmless the City and protect the City from and against the same as provided in paragraph 3.28.1 above. In addHion to the liabiity imposed by law upon the Design Build EntHy for damage or injury (including death) to persons or property by reason of the negligence of the Design Build Entity, Hs officers, agents. employees or Subcontractors. which liability is not impaired or otherwise affected hereby, the Design Build Entity shall defend, indemnify, hold harmless, release and forever discharge the City, its officers, employees, and agents from and against and waive any and all responsibility of same for every expense, liability, or payment by reason of any damage or injury (including death) to persons or property suffered or claimed to have been suffered through any negligent act, omission. or willful misconduct of the Design Build EntHy. its offiCers, agents. employees. or any of Hs Subcontractors. or anyone directly or indirectly employed by either of them or from the condition of the premises or any part of the premises while in control of the Design Build Entity, its officers. agents. employees, or any of its Subcontractors or anyone directly or indirectly employed by either of them, arising out of the performance of the Work called for by this Contract. Design Build 2-15-12 Page 23 of 58 General Conditions c Cl TY OF CARLSBAD Alga Norte Community Park SolarPV Contract No. 38372 Entity agrees that this indemnity and hold harmless shall apply even in the event of negligence of the City. ~s offiCers. agents. or employees. regardless of whether such negligence is contributory to any claim, demand, loss, damage. injury, expense, and/or liability; but such indemnity and hold harmless shall not apply (i) in the event of the sole negligence of the City, its officers, agents. or employees; or (ii) to the extent that the City shall indemnify and hold harmless the Design Build En!Hy for Hazardous Materials pursuant to Article 3.10.6. 3.29.7 In claims against any person or entity indemnified under this Article 3.28 that are made by an employee of Design Build Entity or any Subcontractor, a person indirectly employed by Design Build Entity or any Subcontractor, or anyone for whose acts Design Build Entity or any Subcontractor may be liable, the indemnification obligation under this Article 3.28 shall not be limited by any limitation on amount or type of damages, compensation, or benefits payable by or for Design Build Entity or any Subcontractor under workers' compensation acts, disability benefit acts, or other employee benefit acts. 3.29.8 The indemnification obligations under this Article 3.28 shall not be limited by any assertion or finding that the person or entity indemnified is liable by reason of a non-delegable duty. 3.29.9 Design Build Entity shall indemnify the City from and against losses resulting from any claim of damage made by any Separate Contractor against the City arising out of any alleged acts or omissions of Design Build Entity, any Subcontractor, anyone directly or indirectly employed by e~her of them. or anyone for whose acts either of them may be liable. 3.29.10 Design Build Entity shall indemnify Separate Contractor from and against losses arising out of the negligent acts, omissions, or willful misconduct of Design Build Entity, any Subcontractor, anyone directly or indirectly employed by either of them, or anyone for whose acts either of them may be liable. 3.29.11 Design Build Entity shall indemnify, defend, and hold harmless the City and its officers, employees, agents, volunteers. and representatives (collectively, "Indemnitee"), against all liability, demands, claims. costs, damages, injury including death, settlements, and expenses (including w~hout limitation, interest and penalties) incurred by Indemnitee arising out of the performance of services or Design Build Entity's other obligations under this Contract, but only in proportion to and to the extent such losses are caused by or result from (1) the negligent acts or omissions of Design Build Entity, its officers, agents, employees, subcontractors, consultants, or any person or entity for whom Design Build Entity is responsible (collectively, "Indemnitor"); (2) the breach by Indemnitor of any of the provisions of this Contract; or (3) willful misconduct by Indemnitor. 3.29.12 The indemnification obligations under this Article 3.28 shall not be limited by any assertion or finding that (1) the person or entity indemnified is liable by reason of non-delegable duty, or (2) the losses were caused in part by the negligence of, breach of contract by, or violation of law by Indemnitee. The obligation to defend shall arise regardless of any claim or assertion that Indemnitee caused or contributed to the losses. Indemnitor's reasonable defense costs (including attorney and expert fees) incurred in providing a defense for lndemnitees shall be reimbursed by the City except to the extent such defense costs arise, under principles of comparative fault. from Indemnitor's (a) negligent acts or omissions; (b) breach of any of the provisions of this Contract; or (c) willful misconduct. 3.2g.13 Design Build Entity shall indemnify, defend, and save harmless Indemnitee from and against all loss, cost, expense, royalties, claims for damages or liability, in law or in equity, including, without limitation, attorney's fees, court costs, and other litigation expenses that may at any time arise or be set up for any infringement (or alleged infringement) of any patent, copyright, trade secret, trade name, trademark or any other proprietary right of any person or entity in consequence of the use on the Project by Indemnitee of the Design Materials or Construction Documents (including any method, process, product, concept specifJed or depicted) supplied by Indemnitor in the performance of this Contract. 3.2g.14 Nothing in this Contract, including the provisions of this Article 3, shall constitute a waiver or limitation of any rights which Indemnitee may have under applicable law, including without limitation, the right to implied indemnity. 3.29.15 Design Builder's defense and indemnity obligation herein includes, but is not limited to lawsuits. damages, 2-15-12 fines. penalties, attorney's fees and costs arising from claims under the Americans With Disabilities Act (ADA) or other federal or state disability access or discrimination laws arising from Design Builder's Work during the course of construction of the improvements or after the Work is complete. as the result of defects or negligence in Contractor's construction of the improvements. Page 24 of 58 General Conditions CITY OF CARLSBAD 3.30 STREET CLOSURES, DETOURS, BARRICADES Alga Norte Community Park SolarPV Contract No. 38372 3.30.1 The Design Builder shall comply with all applicable State, County, and City requirements for closure of streets. The Design Builder shall provide barriers, guards, lights, signs, temporary bridges, flagpersons, and watchpersons. The Design Builder shall be responsible for compliance with additional public safety requirements which may arise. The Design Builder shall furnish and install signs and warning devices and promptly remove them upon completion of the Work. After obtaining the Engineers approval and at least 5 working days before closing, detouring, partially closing or reopening any street, alley or other public thoroughfare the Design Builder shall notify the following: .1 The Civic Projects Manager . 2 Carlsbad Fire Department Dispatch .3 Carlsbad Police Department Dispatch .4 Carlsbad Traffic Signals Maintenance .5 Carlsbad Traffic Signals Operations .6 North County Transit District .7 Waste Management (760) 434-2949 (858) 757-3006 (760) 931-2197 (760) 434-2980 (760) 602-7504 (760) 967-2828 (760) 929-9400 The Design Builder shall comply with these requirements. The Design Builder shall obtain the City's Representative's written approval prior to deviating from the requirements of 3.30.1.2 through . 7 above. The Design Builder shall obtain the written approval no less than five working days prior to placing any traffic control that affects bus stops. The Design Builder shall secure approval, in advance, from authorities concerned for the use of any bridges proposed by it for public use. Temporary bridges shall be clearly posted as to load limit, with signs and posting conforming to current requirements covering "signs" as set forth in the Traffic Manual published by the California Department of Transportation. This manual shall also apply to the street closures, barricades, detours, lights, and other safety devices required. All costs involved shall be included in the Bid. Traffic controls shall be in accordance with the plans, The California Manual on 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 Design Builder shall immediately repair said component to its original condition or replace said component and shall restore the component to its original location. In the event that the Design Builder fails to install and/or maintain barricades or such other traffiC signs, markings, delineation or devices as may be required herein, the City's Representative may, at his/her sole option, install the tratfic signs, markings, delineation or devices and charge the Design Builder twenty dollars ($25.00) per day per traffic sign or device, or the actual cost of providing such traffic control facility, whichever is the greater. 3.31 ALLOWANCES/CONTRACTOR CONTROLLED CONTINGENCY 3.31.1. The Design Builder shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as chosen by the Design Builder and the City in the Subcontractor Selection process defined in the Technical Proposal. 3.31 .2 Allowances shall cover the cost to the Design Builder or materials and equipment delivered at the site and all required taxes, less applicable discounts .. 3.31 .3 Whenever qualified costs are more or less than the allowance, the Contract Sum shall be adjusted accordingly by Change Order, as per the Change Order process defined herein. These credits/costs will include overhead, profit, insurance, taxes, and all other burdens, 3.31 .4 The City reserves the right to cancel an allowance and not execute any of the work defined in that allowance. All costs shown for the allowance plus all overhead, profit. insurance, taxes, and any other indirect costs shall be reimbursed to the City. 3.31 .5 All unused portions of the Contractor Controlled contingency (as shown on the Bid Spread Sheet Form from the Price Proposal) shall be returned to the City at the completion of the project. ARTICLE 4 2-15-12 Page 25 of 58 General Conditions c C 11 Y OF CARLSBAD ADMINISTRATION OF THE CONTRACT Alga Norte Community Park SolarPV Contract No. 38372 4.1 ADMINISTRATION OF THE CONTRACT BY THE CITY'S REPRESENTATIVE 4.1.1 The City's Representative will provide limited administration of the Contract as provided in the Contract Documents and will be the representative of the C~y. The City's Representative will have authority to act on behalf of the City only to the extent provided in the Contract Documents. The City shall designate, from time to time, one or more representatives authorized to act on the City's behalf with respect to the Project. together with the scope of his/her respective authority. Functions for which this Contract provides will be performed by the City may be delegated by the City only by written notice to the Design Build Ent~ from the City. The Design Build Entity shall not be entitled to rely on directions (nor shall it be required to follow the directions) from anyone outside the scope of that person's author~y as set forth in written authorization pursuant to this Contract. Directions and decisions made by the City's Representative within his/her respective authority shall be binding on the City. 4.1.2 During the term of this Contract. the City's Representative shall have the right to review Design Build Entny's Design Professionals' Work at such intervals as deemed appropriate by the City's Representative. However, no actions taken during such review or site vis~ by the City's Representative shall relieve Design Build Entity of any of ~s obligations of single-point responsibility for the design and construction of this Project, nor form the basis for a Claim if such actions extend the Contract Completion Date beyond the Contract Time. 4.1.3 The City's Representative will not have control over, will not be in charge of, and will not be responsible for design or construction means. methods, techniques, sequences, or procedures, or for safety precautions and programs in connection with the Work, since these are solely Design Build Entity's responsibility. 4.1.4 Except as otherwise provided in the Contract Documents or when direct communications have been specifically authorized, the C~ and Design Build Entity shall communicate through the C~y·s Representative. Except when direct communication has been specifically authorized in writing by the c~·s Representative, communications by Design Build Entity w~h the City's consultants and City's Representative's consultants shall be through the City's Representative. Communications by the C~ and City's Representative with Subcontractors will be through Design Build Entity. Communications by Design Build Entity and Subcontractors with Separate Contractors shall be through the City's Representative. Design Build Entity shall not rely on oral or other non-written communications. 4.1.5 Based on the City's Representative's Project site visits, review of Design Work. and evaluations of Design Build Entity's Applications For Payment, the c~·s Representative will recommend amounts. if any, due Design Build Entity and will issue Certificates For Payment in such amounts. 4.1.6 The c~·s Representative will have the authority to reject the Work, or any portion thereof, which does not conform to the Contract Documents. The City's Representative will have the authority to stop the Work, or any portion thereof. Whenever the City's Representative considers it necessary, or advisable, for implementation of the intent of the Contract Documents, the City's Representative will have the authority to require additional inspection or testing of the Work in accordance with the Contract Documents, whether or not such Work is fabricated, installed. or completed. However. neither authority of the City's Representative conferred by the Contract Documents nor any decision made in good faith either to exercise, or to not exercise such authority, will give rise to a duty or responsibility of the City or c~·s Representative to Design Build Entity, or any person or entity claiming under, or through, Design Build Entity. 4.1. 7 The City's Representative will have the authority to conduct inspections as provided in the Contract Documents, to take BenefiCial Occupancy and to determine the dates of Substantial Completion and Final Completion; will receive for review and approval any records, written warranties, and related documents required by the Contract Documents and assembled by Design Build Entity; and will issue a final Certificate For Payment upon Design Build Entity's compliance with the requirements of the Contract Documents. 4.1.8 The City's Representative will be, in the first instance. the interpreter of the requirements of the Contract Documents and the judge of performance thereunder by Design Build Entity. Should Design Build Entity discover any conflicts, omissions, or errors in the Construction Documents or the Contract Documents; have any questions about the interpretation or clarifiCation of the Contract Documents; question whether Work is within the scope of the Contract Documents; then, before proceeding with the Work affected, Design Build Entity shall notify the City's Representative in writing and request interpretation, or clarifiCation. The C~'s Representative's response to questions and requests for interpretations, clarifications. instructions, or decisions will be made with reasonable promptness. Should Design Build Entity proceed with the Work affected before receipt of a response from the City's Representative, any portion of the Work which is not done in 2-15-12 Page 26 of 58 General Conditions c CITY 0 ~ CARLSBAD Alga Norte Community Park SolarPV Contract No. 38372 accordance with the City's Representative's interpretatiOns, darifocations, instructiOns, or decisiOns shall be removed or replaced and Design Build Entity shall be responsible for all resultant losses. 4.2 DESIGN BUILDER CHANGE ORDER 4.2.1 Design Build Enmy may request changes to the Contract Sum and/or Contract Time for Extra Work, materially differing site conditions, or delays to Final Completion of the Work. 4.2.2 Conditions precedent to obtaining an adjustment of the Contract Sum and/or Contract Time payment of money, or other relief with respect to the Contract Documents, for any other reason, are: .1 Timely submissiOn of a Change Order Request that meets the requirements of Articles 4.2.3.1 and 4.2.3.2 below; and .2 If requested, timely submissiOn of additional informational requested by the City's Representative pursuant to Article 4.2.3.3 below. 4.2.3 Change Order Request: 4.2.3.1 A Change Order Request will be deemed timely submitted if, and only if, it is submitted within 7 days of the date the Design Build Entity discovers, or reasonably should discover the circumstances giving rise to the Change Order Request, unless additional time is allowed in writing by the City's Representative for submission of the Change Order Request. provided that if: .1 The Change Order Request includes compensation sought by a Subcontractor; AND .2 The Design Build Entity requests in writing to the City's Representative, within the 7-day time period, additional time to permit Design Build Entity to conduct an appropriate review of the Subcontractor Change Order Request, then the time period for submission of the actual Change Order Request shall be extended by the number of days specified in writing by the City's Representative. 4.2.3.2 A Change Order Request must state that ~ is a Change Order Request, state and justify the reason for the request, and specify the amount of any requested adjustment of the Contract Sum, Contract Time, and/or other monetary relief. If the Design Build Entity requests an adjustment to the Contract Sum or other monetary relief, the Design Build Entity shall submit the following with the Change Order Request: . 1 A completed Cost Proposal in the form contained in the Price Proposal Exhibits meeting the requirements of Artide 7 of the General Conditions; OR .2 A partial Cost Proposal and a declaration of what required information is not then known to Design Build Entity. If Design Build Enmy failed to submit a completed Cost Proposal with the Change Order Request, Design Build Entity shall submit a completed Cost Proposal meeting the requirements of Article 7 within 7 days of the date the Design Build Entity submitted the Change Order Request unless additional time is allowed by the City's Representative. 4.2.3.3 Upon request of the City's Representative, Design Build Entity shall submit such additional information as may be requested by the City's Representative for the purpose of evaluating the Change Order Request. Such additional information may include: 2-15-12 .1 If Design Build Entity seeks an adjustment of the Contract Sum or other monetary relief, actual cost records for any changed or extra costs (including without limitatiOn, payroll records, material and rental invoices and the like), shall be submitted by the deadline established by the City's Representative, who may require such actual cost records to be submitted and reviewed, on a daily basis. by the City's Representative and/or representatives of the City's Representative . . 2 If Design Build Entity seeks an adjustment of the Contract Time, written documentation demonstrating Design Build Entity's entitlement to a time extension under Article 8.4, which shall be submitted within 15 days of the date requested unless the City's Representative requires an earlier submission. If requested, Design Build Entity may submit documentation in support of its request for a time extension. The City may, but is not Page 27 of 58 General Conditions ~ (( C!lY OF Alga Norte Community Park SolarPV Contract No. 38372 ~CARLSBAD obligated to. grant a time extension. If deemed appropriate by the City"s Representative. Design BuHd Entity shall submit a more detaHed schedule analysis in support of its request for a time extension . . 3 If Design Build Entity seeks an adjustment of the Contract Sum or other monetary relief for delay, INritten documentation demonstrating Design Build Entity's entitlement to such an adjustment under Article 7.3.9 of the General Conditions, which shall be submitted within 15 days of the date requested . . 4 Any other information requested by the City's Representative for the purpose of evaluating the Change Order Request. which shall be submitted by the deadline established by the City"s Representative. 4.2.4 The City's Representative will make a decision on a Change Order Request, within a reasonable time, after receipt of a Change Order Request. In the event the Change Order Request is submitted pursuant to Article 8.4.1, the City"s Representative shall promptly review and accept or reject it within thirty (30) days. A final decision is any decision on a Change Order Request which states that it is final. If the City's Representative issues a final decision denying a Change Order Request in whole or in part, Design Build Entity may contest the decision by filing a timely Claim under the procedures specified in Article 4.3 of the General Conditions. 4.2.5 Design Build Entity may file a written demand for a final decision by the City"s Representative on all or part of any Change Order Request as to which the City's Representative has not previously issued a final decision pursuant to Article 4.2.4 of the General Conditions; such written demand may not be made earlier than the 30th day after submission of the Change Order Request. Within 30 days of receipt of the demand, the City's Representative will issue a final decision on the Change Order Request. The City's Representative's faHure to issue a decision within the 30-day perlod shall be treated as the issuance, on the last day of the 30-day period. of a final decision to deny the Change Order Request in its entirety. 4.3 CLAIMS 4.3.1 The term "Claim" means a written demand or assertion by Design BuHd Entity seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time, or other relief with respect to the Contract Documents, including a determination of disputes or matters in question between the City and Design Build Entity arising out of or related to the Contract Documents or the performance of the Work. However, conditions listed below are not included in the term "Claim", and are not included in the Claims procedures provided under this Article 4, .1 Claims regarding penalties for forfeitures prescribed by statute or regulation that a government agency is specifically authorized to administer, setUe. or determine . . 2 Claims regarding personal injury, death, reimbursement. or other compensation arising out of or resulting from liability for personal injury or death . . 3 Claims by the City, except as set forth in Article 4. 7.4 of the General Conditions . . 4 Claims respecting stop notices. 4.3.2 A Claim arises upon the issuance of a written final decision denying in whole or in part Design Build Entity's Change Order Request pursuant to Article 4.2.4 of the General Conditions. 4.3.3 A Claim must include the following: .1 A statement that it is a Claim and a request for a decision pursuant to Article 4.5 of the General Conditions . . 2 A detailed factual narrative of events fully describing the nature and circumstances giving rise to the Claim, including but not limited to, necessary dates, locations. and items of work affected . . 3 A cer1ification, executed by Design Build Entity, that the claim is filed in good faith. The certification must be made on the Claim Certification form, included in the Standard Forms to the Contract. The language of the Claim Certification form may not be modified . . 4 A certification, executed by each Subcontractor claiming more than 5% of the total monetary amount sought by the claim, that the Subcontractor's portion of the claim is filed in good faith. The certifiCation must be made on the Claim Certification form, included in the Standard Forms to the Contract. The language of the Claim Certifocation form may not be modified. 2-15-12 Page 28 of 58 General Conditions Cl TV Of CARLSBAD Alga Norte Community Park So/arPV Contract No. 38372 .5 A statement demonstrating that a Change Order Request was timely submitted as required by Article 4.2.4 of the General Conditions . . 6 If a Cost Proposal or declaration was required by Article 4.2.3 of the General Cond~ions, a statement demonstrating that the Cost Proposal or the declaration was timely submitted as required by Article 4.2.3 of the General Conditions . . 7 A detailed justification for any remedy or relief sought by the Claim, including to the extent applicable, the following: .1 If the Claim involves Extra Work, an estimate of the costs must of the amounts claimed, including the ~ems specified in Article 7 .3.2 of the General Conditions. The cost breakdown must be provided even if the costs claimed have not been incurred when the Claim is submitted. To the extent costs have been incurred when the Claim is submitted, the Claim must include actual cost records (including without lim~ation. payroll records, material and rental invoices and the like) demonstrating that costs claimed have actually been incurred. To the extent costs have not yet been incurred at the time the Claim is submitted, actual cost records must be submitted on a current basis not less than once a month during any periods costs are incurred. A cost record will be considered current if submitted within 30 days of the date the cost reflected in the record is incurred. At the request of the c~·s Representative, claimed extra costs may be subject to further verification procedures (such as having an inspector verify the performance of alleged Extra Work on a daily basis). The cost breakdown must include an ~emization of costs fori) labor including names, classifications, regular hours and overtime hours worked. dates worked. and other pertinent information; ii) materials stored or incorporated in the work including invoices. purchase orders, location of materials either stored or incorporated into the work. dates materials were transported to the project or incorporated into the work, and other pertinent information; and iii) ~emization of machinery and equipment including make, model, hours of use. dates of use and equipment rental rates of any rented equipment. .2 The Design Build Entity shall be responsible for all errors and omissions contained within the Construction Documents . . 3 If the Claim involves an extension of the Contract Time, written documentation demonstrating the Design Build Entity's ent~lement to a time extension under Article 8.4 of the General Condilions, including the specifiC dates for which a time extension is sought and the specific reasons for entitlement of a time extension . .4 If the Claim involves an adjustment of the Contract Sum for delay, written documentation demonstrating the Design Build Entily's entitlement to such an adjustment under Article 7.3.9 of the General Conditions. including but not limited to. a detailed time impact analysis of the Contract Schedule. The Contract Schedule must demonstrate Design Build Ent~·s entitlement to such an adjustment under Article 7.3.9 of the General Cond~ions. 4.4 ASSERTION OF CLAIMS 4.4.1 Claims by Design Build Entity shall be first submitted to the C~'s Representative for decision. 4.4.2 Notwithstanding the making of any Claim or the existence of any dispute regarding any Claim, unless otherwise directed by the City's Representative, Design Build Entity shall not cause any delay, cessation, or termination in or of Design Build Entity's performance of the Work, but shall diligently proceed with performance of the Work in accordance with the Contract Documents. 4.4.3 Design Build Ent~ shall submit a Qaim in writing, together with all supporting data specified in Article 4.3.3 of the General Cond~ions. to the City's Representative as soon as possible but not later than 30 days after the date the Claim arises under Article 4.3.2 of the General Conditions. provided that after written notification to the City's Representative within such time period. the time period for submission of the Claim shall be extended by the number of days specified in writing by the City's Representative where the Claim includes compensation sought by a Subcontractor and the Design Build Entity requests an extension of time to permit it to discharge its responsibilities to conduct an appropriate review of the Subcontractor claim. 2-15-12 Page 29 of 58 General Conditions c CITY OJ. CARLSBAD ~t I > Alga Norte Community Park So/arPV Contract No. 38372 4.4.4 Design Build Entity agrees that strict compliance with the requirements of Articles 4.2, 4.3. and 4.4 of the General Conditions are conditions precedent to Design Build Entity's right to arbitrate or litigate a Claim. Design Build Entity specifically agrees to assert no Claims in arbitration or litigation unless there has been strict compliance w~h Articles 4.2, 4.3, and 4.4 of the General Conditions. The failure of Design Build Ent~ to strictly comply w~h the requirements of Articles 4.2, 4.3 and 4.4 of the General Conditions const~utes a failure by Design Build Entity to exhaust its administrative remedies with the City. thereby denying any court or arbttration panel of jurisdiction to adjudicate the Claim. 4.5 DECISION OF CITY'S REPRESENTATIVE ON CLAIMS 4.5.1 The ~y's Representative will timely review Claims submitted by Design Build Entity. If the City's Representative determines that add~ional supporting data are necessary to fully evaluate a Claim, the Ctty's Representative will request such addttional supporting data in writing. Such data shall be furnished no later than 10 days after the date of such request. the City's Representative will render a decision promptiy and in any case within 30 days after the later of the receipt of the Claim or the deadline for furnishing such additional supporting data; provided that, if the amount of the Claim is in excess of $50,000, the aforesaid 30-day period shall be 60 days. Fanure of the City's Representative to render a decision by the applicable deadline will be deemed a decision denying the Claim on the date of the deadline. The decision of the Ctty's Representative will be final and binding unless appealed in accordance with Articles 4.5.2, and 4.5.3,of the General Conditions. The City's Representative's decision on a Claim or dispute will include a statement substantially as follows: "This is a decision under Article 4.5 of the General Conditions of your contract. If you are dissatisfied with the decision, and if you complied with the procedural requirements for asserting claims specified in Article 4 of the General Conditions of your contract. you must follow the procedures in Article 4.7. If you fail to take appropriate action with 30 days of the date of this decision, the decision shall become final and binding and not subject to further appeal." 4.5.2 If either Design Build Entity or the City disputes the City's Representative's decision on a Claim. such party (the "Disputing Party") must either provide a written notice its election to proceed under Article 4. 7 within 30 days after the decision of the City's Representative or. if no decision has been issued. within 30 days from the date of the applicable deadline in Article 4.5.1 of the General Cond~ions for the C~y's Representative to render a decision. 4.5.3 If a notice of election to proceed under Article 4.7 is not given by either party within 30 days after the decision of the City's Representative, the c~·s Representative's decision on the Claim will be final and binding and not subject to appeal or challenge. 4.5.4 NOT USED 4.5.5 Any dispute which cannot be resolved between the parties shall be resolved through litigation shall be filed in the Superior Court of the State of California, in the County of San Diego. Design Build Ent~ agrees to incorporate this provision into all subcontracts. 4.5.6 The parties will attempt in good fatth to resolve any controversy or Claim arising out of or relating to this Contract by negotiation. 4.6 NOT USED 4.7 DISPUTE RESOLUTION 4.7.1 Claims between the City and the Design Build Entity of $375,000 or less shall be resolved in accorance w~h the procedures establised in Part 3, Chapter 1, Article 1.5 off the California Public Contract Code,§§ 20104 et seq.; provided however that California Public Contract Code § 20104.2 shall not supersede the requirements of the Contract Documents wtth respect to the Contractor's notification to the C~ of such claim or extend the time for giving of such notice as provideded in the Contract Documents. 4.7.2 Except as provided in Article 4. 7.2 any other claims, disputes or other matters in controversy shall be resolved as follows. In lieu of, or prior to litigation, the parties shall endeavor to settle disputes by mediation in accordance with the Construction 2-15-12 Page 30 of 58 General Conditions c Cl TY OF CARLSBAD Alga Norte Community Park Solar PV Contract No. 38372 Industry Mediation Rules of the American Arbitration Association then in effect unless the parties mutualy agree otherwise to a different method of atternative dispute resolution. 4.8 WAIVER 4.8.1 A waiver of, or failure by. the City or City's Representative to enforce any requirement in this Article 4, including, without limitation. the requirements in Articles 4.2, 4.3. 4.4, and 4.5 in connection with any Claim shall not constitute a waiver of. and shall not preclude the City or City's Representative from enforcing, such requirements in connection with any other Claims. 4.8.2 The Design Build Entity agrees and understands that no oral approval, either express or implied, of any Claim shall be binding upon the City unless and until such approval is ratified by execution of a written Change Order. ARTICLE 5 SUBCONTRACTORS 5.1 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK 5.1.1 Design Build Entity shall submit to the City's Representative an updated Expanded List of Subcontractors (see contract Standard Forms) along with their respective addresses. telephone numbers. e-mail addresses and Design Builder's license numbers. The Expanded List of Subcontractors shall be provided no later than thirty (30) days after the date which the City provides Letter of Design Review. If the Project is to proceed on a fast track/phased basis as identified in the exhibits. then a Letter of Design Review will be issued by the City for each such design submittal associated with a particular phase and identified in the Standard Forms. Failure to identify Subcontractors within the time period(s) above shall commit the Design Butld Entity to carrying out the Construction Work with its own forces. 5.1.2 The City has the right to request all documentation that supports the Design Build Entity's selection of a Subcontractor. The City shall have the right of final approval as to the qualification(s) of a Subcontractor to perform its designated scope of work. Within the City's sole discretion. any Subcontractor may be deemed not qualified to perform work on the Project if the City or City's Representative determines that the Subcontractor fails to meet the requirements of the Contract Documents, or for any other reason. 5.1.3 The Subcontractors listed by Design Build Entity shall only be substituted in strict accordance with the "Subletting and Subcontracting Fair Practices Acf' and upon the written consent of the City. Only upon compliance with the "Subletting and Subcontracting Fair Practices Acf' and with the written consent of the City shall a substitution be made. 5.1.4 Any increase in the cost of the Work resulting from the replacement or substitution of a Subcontractor pursuant to above Article 5.1. 3 or as required by the City or City's Representative pursuant to above Article 5.1.2. shall be borne solely by Design Build Entity. Design Build Entity shall not be entitled to any increase in Contract Sum or an extension of Contract Time due to such replacement or substitution. 5.2 SUBCONTRACTUAL RELATIONS 5.2.1 Any part of the Work performed for Design Build Entity by a first-tier Subcontractor shall be pursuant to a written subcontract. Each such subcontract shall require the Subcontractor. to the extent of the Work to be per1ormed by the Subcontractor. to be bound to Design Build Entity by the terms and conditions of the Contract Documents between the City and the Design Builder, to assume toward Design Build Entity all the obligations and responsibilities which Design Build Entity assumes towards the City by the Contract Documents. and to per1orm such portion of the Work in accordance with the Contract Documents. Each such subcontract shall preserve and protect the rights of the City under the Contract Documents, with respect to the Work to be performed by Subcontractor. so that subcontracting thereof will not prejudice such rights. Design Build Entity shall cause each such subcontract to expressly include the follOWing requirements: 2-15-12 .1 Subcontractor waives all rights that Subcontractor may have against the City for damages caused by fire or other perils covered by builde(s nsk property insurance carried by Design Build Entity or the City, except for such rights Subcontractor may have to the proceeds of such insurance held by the City under Article 11 of the General Conditions. Page 31 of 58 General Conditions ( 11 Y OF CARLSBAD Alga Norte Community Park So/arPV Contract No. 38372 .2 The City. and entities and agencies designated by the City. wlll have access to and the right to audit and the right to copy. at City's cost. all of Subcontractor's books, records, contracts. correspondence, instructions. drawings, receipts, vouchers, purchase orders, and memoranda relating to the Work. Subcontractor shall preserve all such records and other items for a period of at least 3 years after Final Completion . . 3 Subcontractor recognizes the rights of the City under Article 5.3 of the General Conditions, Contingent Assignment of Subcontracts, and agrees, upon notice from the City that the City has elected to accept said assignment and to retain Subcontractor pursuant to the terms of the subcontract. to complete the unperformed obligations under the subcontract and, if requested by the City, to execute a written agreement confirming that Subcontractor is bound to City under the terms of the subcontract. .4 Design Build Entity is responsible for reviewing and coordinating the Work of and among his Subcontractors and Design Professionals. This review and coordination includes, but is not limited to, resolution of any inconsistencies. errors or omissions . . 5 Bonds and Insurance between any Subcontractor and Design Builder is between the two parties and the responsibility of the two parties. 5.2.2 Upon the request of the City, Design Build Entity shall promptly furnish to the City a true, complete, and executed copy of any subcontract. 5.2.3 Nothing contained in the Contract Documents shall create any contractual relationship between any Subcontractor and City, except when. and only to the extent that, the City elects to accept the assignment of the subcontract with such Subcontractor pursuant to Article 5.3 of the General Conditions, Contingent Assignment of Subcontracts. 5.3 CONTINGENT ASSIGNMENT OF SUBCONTRACTS 5.3.1 Design Build Entity hereby assigns to the City all its interest in first-tier subcontracts now or hereafter entered into by Design Build Entity for performance of any part of the Work. The assignment will be effective upon acceptance by the City in writing and only as to those subcontracts which the City designates in writing. The City may accept said assignment at any time during the course of the Work and prior to Final Completion in the event of a suspension or termination of Design Build Entity's rights under the Contract Documents. Such assignment is part of the consideration to the City for entering into the Contract with Design Build Entity and may not be withdrawn prior to Final Completion. ARTICLE 6 CONSTRUCTION BY THE CITY OR BY SEPARATE CONTRACTORS 6.1 THE CITY'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS 6.1.1 The City reserves the right to award separate contracts for, or to perform with its own forces. construction or operations related to the Work or other construction or operations at or affecting the Project site, including portions of the Work which have been deleted by Change Order. Design Build Entity shall cooperate with the City's forces and Separate Contractors. 6.1.2 The City will provide coordination of the activities of the City's forces and of each Separate Contractor with the Work of Design Build Entity. Design Build Entity shall participate with the City and Separate Contractors in joint review of construction schedules and Project requirements when directed to do so. Design Build Entity shall make necessary revisions to the Contract Schedule after such joint review. 6.2 MUTUAL RESPONSIBILITY 6.2.1 Design Build Entity shall afford the City and Separate Contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities. Design Build Entity shall connect, schedule. and coordinate its construction and operations with the construction and operations of the City and Separate Contractors as required by the Contract Documents. 6.2.2 If a portion of the Work is dependent upon the proper execution or results of other construction or operations by the City or Separate Contractors, Design Build Entity shall inspect such other design or construction or operations before 2-15-12 Page 32 of 58 General Conditions r- Cl TY OJ. CARLSBAD (t'' Alga Norte Community Park SolarPV Contract No. 38372 proceeding with that portion of the Work. Design Build Entity shall promptly report to the CHy's Representative apparent discrepancies or defects which render the other design, construction or operations unsuitable to receive the Work. Unless otherwise directed by the City's Representative, Design Build Entity shall not proceed with the portion of the Work affected until apparent discrepancies or defects have been corrected. Failure of Design Build Entity to so report within a reasonable time after discovering such discrepancies or defects shall constitute an acknowledgment that the other construction or operations by the City or Separate Contractors is suitable to receive the Work, except as to defects not then reasonably discoverable. 6.3 CITY'S RIGHT TO CLEAN UP 6.3.1 If a dispute arises between Design Build Entity and Separate Contractors as to the responsibility under their respective contracts for maintaining the Project site and surrounding areas free from waste materials and rubbish, the City may clean up and allocate the cost between those firms it deems to be responsible. ARTICLE 7 CHANGES IN THE WORK 7.1 CHANGES 7 .1.1 The City may, from time to time, order or authorize additions, deletions, and other changes in the Work by Change Order or Field Order wHhout invalidating the Contract and without notice to sureties. Absence of such notice shall not relieve such sureties of any of their obligations to the City. ""-" 7 .1.2 Design Build Entity may request a Change Order under the procedures specified in Article 4.2 of the General Conditions. c 7 .1.3 A Field Order may be issued by the City, does not require the agreement of Design BuHd Entity, and shall be valid with or without the signature of Design Build Entity. 7.1.4 Design Build Entity shall proceed promptly with any changes in the Work, unless otherwise provided in the relevant Change Order or Field Order. 7.2 CHANGES DEFINITIONS 7.2.1 A Change Order is a Contract Document (as shown in the Standard Forms) which has been signed by both the City and Design Build Entity, and states their agreement, as applicable, to any of the following: .1 A change in the Work . . 2 The amount of an adjustment of the Contract Sum . . 3 The amount of an adjustment of the Contract Time . . 4 A modifiCation to any other Contract term or condition. 7.2.2 A Unilateral Change Order may also be issued by the City, wHhout Design Build Entity's signature. where the City determines that a change in the Work requires an adjustment of the Contract Sum or Contract Time as the City believes to be properly due Design Build Entity, even though no agreement has been reached between the City and Design Build Entity with regard to such change in the Work. 7.2.3 A Field Order (as shown in the Standard Forms) is a Contract Document issued by the City that orders the Design Build Entity to perform Work. A Field Order may, but need not. constitute a change in the Work and may, but need not, entitle Design Build Entity to an adjustment of the Contract Sum or Contract Time. 7.3 CHANGE ORDER PROCEDURES 2-15-12 Page 33of58 General Conditions ,,.... \...- C 11 Y Of. Alga Norte Community Park SolarPV Contract No. 38372 CARLSBAD 7.3.1 Design Build Entity shall provide a Change Order Request and Cost Proposal pursuant to Article 4.2 of the General Conditions and this Article 7 .3. Adjustments of the Contract Sum resulting from Extra Work and Deductive Work shall be determined using one of the methods described in this Article 7.3. Adjustments of the Contract Time shall be subject to the provisions in Article 8 of the General Conditions. Design Build Ent~y·s obligation to provide Cost Proposals shall be subject to the following: .1 The obligation of Design Build Entity to provide Cost Proposals is not Extra Work, and shall not entitle the Design Build Entity to an adjustment of the Contract Sum or Contract Time . . 2 The failure of Design Build Enttty to timely provide a Cost Proposal pursuant to Article 4.2 of the General Cond~ions and this Article 7.3.1 is a material breach of the Contract. Design Build Ent~ shall be responsible for any delay in implementing a change for which Design Build Entity failed to timely provide a Cost Proposal consistent w~h the requirements of Article 4.2 of the General Condijions and this Article 7.3.1. 7.3.2 The term "Cost of Extra Work" as used in this Article 7.3 shall mean actual costs incurred or to be incurred by Design Build Entity and each Subcontractor regardless of tier involved. to the extent not otherwise disallowed under Article 7.3.3, and shall be limited to the following (to the extent the Design Build Entity demonstrates that the costs are both reasonable and actually incurred, if such costs have been incurred): 2-15-12 .1 .2 .3 .4 .5 Straight-time wages or salaries for employees employed at the Project s~e. or at fabrication sites off the Project site, incurred as a result of performance of the Extra Work. Fringe Benefits and Payroll Taxes for employees employed at the Project s~e. or at fabrication s~es off the Project site, incurred as a result of performance of the Extra Work. Except: Bonuses, cell phone units and portable computers, entertainment, etc. Overtime wages or salaries, specifically authorized in writing by the City's Representative, for employees employed at the Project s~e. or at fabrication sites off the Project site, incurred as a resutt of performance of the Extra Work. Fringe Benefrts and Payroll Taxes for overtime Work specifically authorized in writing by the C~'s Representative, for employees employed at the Project s~e. or at fabrication sites off the Project site, incurred as a result of performance of the Extra Work. Costs of materials and consumable items which are furnished and incorporated into the Extra Work, as approved by the c~·s Representative. Such costs shall be charged at the lowest price available to the Design Build Entity but in no event shall such costs exceed compet~ive costs obtainable from other Subcontractors. suppliers, manufacturers, and distributors in the area of the Project s~e. All discounts, rebates, and refunds and all returns from sale of surplus materials and consumable items shall accrue to the City and Design Build Enttty shall make provisions so that they may be obtained . . 6 Sales taxes on the costs of materials and consumable items which are incorporated into and used in the performance of the Extra Work pursuant to Article 7.3.2.5 above . . 7 Rental charges for necessary machinery and equipment. whether owned or hired, as authorized in wrtting by the City's Represerrtative, exclusive of hand tools, used directly in the performance of the Extra Work. Such rerrtal charges shall not exceed the current Equipmerrt Rental Rates published by the California Departmerrt of Transportation for the area in which the work is performed. Such rerrtal rates are found at http://www.dot.ca.gov/hq/construc/equipmrrt.html . Design Build Entity shall attach a copy of said schedule to the Cost Proposal. The charges for any machinery and equipment shall cease when the use thereof is no longer necessary for the Extra Work . . 8 Additional costs of royalties and permits due to the performance of the Extra Work . . 9 Cost for revisions in the Construction Documents, when such revisions are inconsistent with approvals or instructions previously given by the City. Revisions made necessary by adjustments in the c~·s program or project budget such costs to be computed at the hourly rates specified in the Design Professional Rate Schedule in the Contract Documents. Page 34 of 58 General Conditions c c ~ ·(~! CITY Of Alga Norte Community Park SolarPV Contract No. 38372 ~CARLSBAD .10 The cost for Insurance and Bonds shall be actual and mirror overall contract terms .1 through .9 above. The City and Design Build Entity may agree upon rates to be charged for any of the items listed in this Article 7.3.2. Such agreed upon rates shall be subject to audit pursuant to Article 15.7 of the General Conditions. Design Build Entity shall promptly refund to the City any amounts (including associated mark-ups) in excess of the actual costs of such items. 7.3.3 Cost of Extra Work shall not include any of the following: .1 Superintendent(s).2 Assistant Superintendent(s) .3 Project Engineer(s) .4 Project Manager(s) .5 Scheduler(s) .6 Estimator(s) . 7 Small tools (Replacement value does not exceed $300) .8 OffiCe expenses including staff. materials and supplies . . 9 On-site or off-site trailer and storage rental and expenses . . 1 0 Site fencing . . 11 Utilities including gas. electric. sewer. water. telephone. facsimile. copier equipment . . 12 Data processing personnel and equipment. .13 Federal. state, or local business income and franchise taxes. .14 Overhead and Profit. .15 Costs and expenses of any kind or item not specifically and expressly included in Article 7.3.2 above . . 16 Costs in Article 7.3.2.9 in excess of the hourly rates included in the Design Professional Rate Schedule. 7.3.4 The term "Design Build Entity Fee" shall mean the full amount of compensation. both direct and indirect (including without limitation all overhead and profrt). to be paid to Design Build Entity for its own Work and the Work of all Subcontractors, for all costs and expenses not included in the Cost of Extra Work, whether or not such costs and expenses are specifiCally referred to in Article 7.3.3 above. The Design Build Entity Fee shall not be compounded. The Design Build Entity Fee shall be computed as follows when the change impacts the Construction Work, or for the portion of the change that is related to Construction Work: .1 Ten percent (10%) of the cost of that portion of the Extra Work to be performed by the Design Build Entity with its own forces . . 2 Ten percent (10%) of the cost of that portion of the Work to be performed by a Subcontractor with its own forces, plus 5% for the Design Build Entity. Total combined Design Build Entity and Subcontractor fee shall not exceed 15% . . 3 Ten percent (10%) of the cost of that portion of the Work to be performed by a sub-Subcontractor with its own forces. or any lower tier of Subcontractor. plus 5% for the Subcontractor, plus 5% for the Design BuDd Entity. Total combined Design Build Entity, Subcontractor and all sub-Subcontractor fees shall not exceed 20% . . 4 Notwithstanding the foregoing, the Design Build Entity Fee for additional Design Work under 7.3.2.9 of the General Conditions shall be 3% of the cost of such additional Design Work performed by a Design Professional. The cost of such additional Design Work shall be computed using the hourly rates in the Standard Forms. The fee for the Design Professional Subcontractors shall be the overhead/profit rate specified in the Design Professional Rate Schedule. 7.3.5 Compensation for Extra Work shall be computed on the basis of one or more of the following: 2-15-12 Page 35 of 58 General Conditions c c 11 y 01' CARLSBAD Alga Norte Community Park SolarPV Contract No. 38372 . ~· ' . .1 Where the Work involved is covered by Unit Prices contained in the Contract Documents, by application of the Unit Prices to the quantities ofthe items involved . . 2 Where the Work involved is not covered in the RFP or by Unit Prices contained in the Contract Documents. by application of the Unit Prices in 2012 RS Means Cost Data multiplied by the quantity to be adjusted multiplied by the appropriate adjustment factor . . 3 Where the Work involved requires revisions to the Construction Documents when such revisions are inconsistent with approvals or instructions previously given by the City, including revisions made necessary by adjustments in the City's program or project budget, by application of the hourly rates reflected in the Design Professional Rate Schedule . . 4 Where Articles 7.3.5.1, 7.3.5.2 and 7.3.5.3 above are not applicable, a mutually agreed upon lump sum supported by a Cost Proposal pursuant to Article 7.3.1 of the General Condttions . . 5 If the City and Design Build Entity cannot agree upon a lump sum • by Cost of Extra Work plus Design Build Enttty Fee applicable to such Extra Work. 7.3.6 As a condition to Design Build Entity's right to an adjustment of the Contract Sum, pursuant to Article 7.3.5.5 above, Design Build Entity must keep daily detailed and accurate records itemizing each element of cost and shall provide substantiating records and documentation, including time cards and invoices. Such records and documentation shall be submitted to and approved by the Ctty's Representative on a daily basis. 7 .3. 7 For Work to be deleted by Change Order, the reduction of the Contract Sum shall be computed on the basis of one or more of the following: .1 Unit Prices stated in the Contract Documents . . 2 Unit Prices agreed upon by the Ctty and Design Build Entity . . 3 Where Unit Prices are not applicable, a lump sum agreed upon by the Ctty and Design Build Entity, based upon the actual costs which would have been incurred in performing the deleted portions of the Work as calculated in accordance with Articles 7.3.2 and 7.3.3 above and supported by a Cost Proposal pursuant to Article 7.3.1 above. 7.3.8 If any one Change involves both Extra Work and Deleted Work in the same portion of the Work, a Design Build Enttty Fee will not be allowed if the deductive cost exceeds the additive cost. If the additive cost exceeds the deductive cost, a Design Build Enttty Fee will be allowed only on the difference between the two amounts. 7.3.9 The Contract Sum will be adjusted for a delay if, and only if. Design Build Entity demonstrates that all of the following four conditions are met: 2-15-12 .1 Condition Number One: The delay results in an extension of the Contract Time pursuant to Article 8.4.1 of the General Conditions . . 2 Condition Number Two: The delay is caused solely by one, or more of the following: .1 An error or omission in the Contract Documents caused by the Ctty and not as a result of Design Build Entity's failure to conform to criteria documents, performance standards, Construction Documents, or Contract Documents; or .2 The City's decision to change the scope of the Work, where such decision is not the result of any default or misconduct of the Design Build EntRy; or .3 The Ctty's decision to suspend the Work, where such decision is not the result of any default or misconduct of the Design Build Entity; or .4 The failure of the Ctty (including the City acting through its consultants, Design Professionals, Separate Contractors or the City's Representative) to perform any Contract obligation where the failure to so perform is not the result of any default or misconduct of the Design Build Entity. Page 36 of 58 General Conditions c c ~ (~: CITY 0~ Alga Norte Community Park SolarPV Contract No. 38372 ~CARLSBAD .5 A materially differing s~e condition pursuant to Article 3.24 of the General Conditions . . 3 Condition Number Three: The delay is not concurrent with a delay that is caused by an event other than those listed in Article 7.3.9.2 above . . 4 Condition Number Four: The delay is not caused, in whole or in part, by an event which occurs during the performance of completing the construction drawings. 7.3.10 For each day of delay that meets all four conditions prescribed in Article 7.3.9 above, the Contract Sum will be adjusted by the daily rate included in the Agreement and specifically identified as the rate to be paid to Design Build Entity for Compensable Delays as agreed upon for the applicable Phase. Pursuant to Article 9. 7.4 of the General Conditions, said daily rate shall not apply to delays occurring after Substantial Completion. 7 .3.11 Except as provided in Articles 7 and 8, Design Build Entity shall have no claim for damage or compensation for any delay, interruption, hindrance, or disruption. 7.3.12 If for any reason one or more of the conditions prescribed in Article 7.3.9 above is held legally unenforceable, the remaining conditions must be met as a condition to obtaining an adjustment of the Contract Time under Article 7.3.1 0 above. 7.4 FIELD ORDERS 7.4.1 Field Orders issued by the City's Representative shall be subject to the following: .1 A Field Order may state that it does or does not constitute a change in the Work . . 2 lfthe Field Order states that it does not constitute a change in the Work and the Design Build Entity asserts that the Field Order constitutes a change in the Work, in order to obtain an adjustment of the Contract Sum or Contract Time for the Work encompassed by the Field Order, Design Build Entity must follow all procedures set forth in Article 4 of the General Conditions, starting with the requirement of submitting a timely Change Order Request within 7 days of Design Build Entity's receipt of the Field Order; failure to strictly follow those procedures is a bar to any Claim for an adjustment of the Contract Sum or Contract Time arising from performance ofthe Work described in the Field Order . . 3 If the Field Order states that it does constitute a change in the Work, the Work described in the Field Order shall be considered Extra Work and the Design Build Entity shall be entitled to an adjustment of the Contract Sum and Contract Time, calculated under and subject to Design Build Entity's compliance with the procedures for verifying and substantiating costs and delays in Articles 7 and 8 of the General Conditions . . 4 In addition, if the Field Order states that it does constitute a change in the Work, the Field Order may or may not contain the City's estimate of adjustment of Contract Sum and/or Contract Time. If the Field Order contains an estimate of adjustment of Contract Sum or Contract Time, the Field Order is subject to the following: .1 The Design Build Entity shall not exceed the City's estimate of adjustment to Contract Sum or Contract Time without written authorization by the City's Representative . . 2 If the Design Build Entity asserts that the change in the Work encompassed by the Field Order may entitle Design Build Entity to an adjustment of Contract Sum or Contract Time in excess of the City's estimate, in order not to be bound by the City's estimate Design Build Entity must follow all procedures set forth in Article 4 of the General Conditions, starting with the requirement of submitting a timely Change Order Request within 7 days of Design Build Entity's receipt of the Field Order; failure to strictly follow those procedures is a bar to any Claim for an adjustment of the Contract Sum or Contract Time, in excess of the City's estimate. arising from performance of the Work described in the Field Order. 7.4.2 Upon receipt of a Field Order, Design Build Entity shall promptly proceed to perform the Work as ordered in the Field Order notwithstanding any disagreement by the Design Build Entity concerning whether the Work is extra. 7.5 VARIATION IN QUANTITY OF UNIT PRICE WORK 2-15-12 Page 37 of 58 General Conditions C I TV Of. CARLSBAD Alga Norte Community Park SolarPV Contract No. 38372 7.5.1 The City has the right to increase or decrease the quantity of any Un~ priCe item for which an estimated quant~y is stated in the Bid Form. 7.6 WAIVER 7.6.1 A waiver of. or failure by. the City or City's Representative to enforce any requirement in this Article 7. including, without limitation. the requirements in Articles 7.3.6. 7.3.8. 7.3.9, 7.3.10. 7.3.11. or 7.3.12 in connection wtth any adjustment of the Contract Sum. will not const~te a waiver of, and will not preclude the City. or City's Representative. from enforcing such requirements in connection with any other adjustments of the Contract Sum. 7.6.2 The Design Build Entity agrees and understands that no oral approval. either express or implied, of any adjustment of the Contract Sum by the City or its agents shall be binding upon the City unless and until such approval is ratified by execution of a wrulen change order. ARTICLES CONTRACT TIME 8.1 COMMENCEMENT OF THE WORK 8.1.1 The date of commencement of the Phase of the Work shall be set forth in the applicable Notice To Proceed. The date of commencement of the Work shall not be postponed by the failure of Design Build Entity. Subcontractors, or of persons or ftrms for whom Design Build Entity is responsible, to act. 8.2 PROGRESS AND COMPLETION 8.2.1 By signing the Agreement .1 Design Build Entity represents to the City that the Contract Time is reasonable for performing the Work and that Design Build Entity is able to perform the Work within the Contract Time . . 2 Design Build Entity agrees that the Ctty is purchasing the right to have the Design Build Entity present on the Project site for the full duration of the Contract Time applicable to the Construction Phase, even if Design Build Entity could finish the Contract in less than the Contract Time. 8.2.2 Design Build Entity shall not, except by agreement or instruction of the City in wrtting, commence operations on the Project site or elsewhere prior to the effective date of insurance required by Article 11 of the General Conditions to be furnished by Design Build Entity. The dates of commencement and Final Completion of the Work shall not be changed by the effective date of such insurance. 8.2.3 Design Build Entity shall proceed expeditiously with adequate forces and shall achieve Final Completion of the Work within the Contract Time. If the City's Representative determines and notifies Design Build Entity that Design Build Entity's progress is such that Design Build Entity will not achieve Final Completion of the Work within the Contract Time, Design Build Entity shall immediately and at no additional cost to the City, take all measures necessary, including working such overtime, additional shifts, Sundays. or holidays as may be required to ensure that Design Build Entity will achieve Final completion of the Work within the Contract Time. Upon receipt of such notice from the City's Representative, Design Build Ent~y shall immediately notify the City's Representative of all measures to be taken to ensure Final Completion of the Work within the Contract Time. Design Build Entity shall reimburse the City for any extra costs or expenses {including the reasonable value of any services provided by the City's employees) incurred by the City as the result of such measures. 8.3 DELAY 8.3.1 Except and only to the extent provided otherwise in Articles 7 and 8 of the General Conditions, by signing the Agreement, Design Build Entity agrees: .1 To bear the risk of delays to the Work; and .2 That Design Build Entity's Proposal for the Contract was made with full knowledge of this risk. 2-15-12 Page 38 of 58 General Conditions c C 11 Y Of. CARLSBAD Alga Norte Community Park SolarPV Contract No. 38372 8.3.2 In agreeing to bear the risk of delays to the Work. Design Build Entity understands that. except and only to the extent provided otherwise in Articles 7 and 8 of the General Conditions, the occurrence of events that delay the Work shall not excuse Design Build Enttty from tts obligation to achieve Final Completion of the Work w~hin the Contract Time, and shall not entitle the Design Build Entity to an adjustment of the Contract Sum. 8.4 ADJUSTMENT OF THE CONTRACT TIME FOR DELAY -LD's $500.00 8.4.1 Subject to Article 8.4.2 below, the Contract Time will be extended for each day of delay for which Design Build Entity demonstrates that all of the following four conditions have been met; a time extension will not be granted for any day of delay for which Design Build Entity fails to demonstrate compliance with the four condttions: 2-15-12 . 1 Condition Number One: The delay is critical. A delay is critical if and only to the extent ~ delays a work activity that cannot be delayed without delaying Final Completion of the Work to a date that is beyond the Contract Time. The Baseline Contract shall be the basis for determining the critical path activities . . 2 Condition Number Two: Within 7 days of the dale the Design Build Entity discovers or reasonably should discover an act, error, omission or unforeseen condition or event causing the delay is likely to have an impact on the critical path of the Project, (even if the Design Build Ent~ has not yet been delayed when the Design Build Entity discovers or reasonably should discover the critical path impact of the act, error, omission or unforeseen cond~ion giving rise to the delay) the Design Build Ent~ submits a timely and complete Change Order Request that meets the requirements of Article 4.2 of the General Conditions . . 3 Condi!jon Number Three: The delay is not caused by: .1 A concealed, unforeseen or unknown condition or event except for a materially differing site condition pursuant to Article 3.24 of the General Conditions; or .2 The financial inability, misconduct or default of the Design BuHd Entity, a Subcontractor or supplier; or .3 The unavailabil~ of materials or parts; or .4 An error or omission in the Contract Documents caused by Design Build Ent~ or Design Build Entity's Design Consultants . .4 Condition Number Four: The delay is caused by: .1 Fire; or .2 Strikes, boycotts, or like obstructive actions by labor organizations; or .3 Acts of God (As used herein, "Acts of God" shall include only earthquakes in excess of a magnitude of 3.5 on the Richter Scale and tidal waves); or .4 A materially differing site condition pursuant to Article 3.24 of the General Conditions; or .5 An error or omission in the Contract Documents caused by the City; or .6 The City's decision to change the scope of the Work. where such decision is not the result of any default or misconduct of the Design Build Ent~; or . 7 The C~y's decision to suspend the Work, where such decision is not the result of any default or misconduct of the Design Build Entity; or .8 The failure of the C~ (including the C~y acting through ~s consultants, Design Professionals, Separate Contractors or the c~·s Representative) to perform any Contract obligation unless such failure is due to Design Build Ent~y·s default or misconduct. .9 "Adverse weather" but only for such days of adverse weather, or on-site cond~ions caused by adverse weather, that are in excess of the number of days specified in the Supplementary Cond~ions. In order for a day to be considered a day of adverse weather for the purpose of determining whether Design Build Page 39 of 58 General Conditions c ~ ;~ { C 11 Y OJ. Alga Norte Community Park SolarPV Contract No. 38372 ~CARLSBAD Entity is entitled to an adjustment in Contract Time. both of the following conditions must be met: .1 The day must be a day in which. as a result of adverse weather. less than one half day of critical path work is performed by Design Build Entity; and .2 The day must be identified in the Contract Schedule as a scheduled work day. 8.4.2 If and only if a delay meets all four cond~ions prescribed in Article 8.4.1 above. then a time extension will be granted for each day that Final Completion of the Work is delayed beyond the Contract Time. subject to the following: .1 When two or more delays (each of which meet all four conditions prescribed in Article 8.4.1 above) occur concurrently on the same day, and each such concurrent delay by itself w~hout consideration of the other delays would be critical. then all such concurrent delays shall be considered critical. For the purpose of determining whether and to what extent the Contract Time should be adjusted pursuant to this Article 8.4.2, such concurrent critical delays shall be treated as a single delay for each such day . . 2 Design Build Ent~y shall be entitled to a time extension for a day of delay that meets all four requirements of Article 8.4.1 above if the delay is concurrent with a delay that does not meel all four conditions of Article 8.4. 1 above. 8.4.3 If for any reason one or more of the four conditions prescribed in Article 8.4.1 above is held legally unenforceable. then all remaining conditions must be met as a cond~ion to obtaining an extension of the Contract Time under Article 8.4.2 above. 8.5 COMPENSATION FOR DELAY 8.5.1 To the maximum extent allowed by law. any adjustment of the Contract Sum as the result of delays shall be lim~ed to the amounts specified in Article 7 of the General Conditions. Such adjustment shall, to the maximum extent allowed by law, constitute payment in full for all delay related costs (including costs for disruption. interruption and hindrance. general conditions. on and off-s~e overhead and profit) of Design Build Entity, its Suppliers and Subcontractors of all tiers and all persons and entities working under or claiming through Design Build Ent~y in connection with the Project. 8.5.2 By signing the Agreement. the parties agree that the City is buying the right to do any or all of the following, which are reasonable and within the contemplation of the parties: .1 To order changes in the Work. regardless of the extent and number of changes, including w~hout limitation: .1 Changes to correct errors or omissions caused by the City, if any, in the Contract Documents . . 2 Changes resulting from the City's decision to change the scope of the Work subsequent to execution of the Contract . . 3 Changes due to unforeseen cond~ions . . 2 To suspend the Work or any part thereof . . 3 To delay the Work, including w~hout limitation, delays resulting from the fa~ure of the Cfty or the City's Representative to timely perform any Contract obligation and delays for the City's convenience. 8.6 WAIVER 8.6.1 A waiver of. or failure by, the C~y or C~y's Representative to enforce any requirement in this Article 8, including ~hout limttation the requirements in Article 8.4 above, in connection ~h any or all past delays shall not constitute a waiver of, and shall not preclude the City or City's Representative from enforcing, such requirements in connection w~h any present or future delays. 8.6.2 Design Build Entity agrees and understands that no oral approval, either express or implied, of any lime extension by the City or its agents shall be binding upon the City unless and until such approval is ratified by execution of a written Change Order. 2-15-12 Page40 of 58 General Conditions C 11 Y OF CARLSBAD ARTICLE 9 PAYMENTS AND COMPLETION 9.1 COST BREAKDOWN Alga Norte Community Park SolarPV Contract No. 38372 9.1.1 W~hin 10 days after receipt of the Construction Notice to Proceed for Phase 3, Design Build Entity shall submit to the City's Representative a Cost Breakdown of the Contract Sum in the form contained in the Standard Forms. The Cost Breakdown shall itemize as separate line ~ems the cost of each work activity and all associated costs. including but not lim~ed to warranties. as-buill documents, overhead expenses, and the total allowance for profit. Insurance and bonds shall each be listed as separate line ~ems. The total of all line ~ems shall equal the Contract Sum. The Cost Breakdown, when approved by the %'s Representative, shall become the basis for determining the cost of Work performed for Design Build Entity's Applications for Payment. 9.2 PROGRESS PAYMENT 9.2.1 The City agrees to pay monthly to Design Build Ent~y. subject to Article 9.4.3 of the General Conditions, an amount equal to 95% of the sum of the following: .1 .2 !""· . 3 '-' .4 Cost of the Construction Work in permanent place as of the date of the Design Build Entity's Application For Payment. Cost of materials not yet incorporated in the Construction Work, subject to Article 9.3.5 of the General Conditions . Less amounts previously paid. During the Design Work, the City shall pay Design Build Entity monthly a uniform amount prorated, based on the Contract Time and Contract Sum associated ~h the Construction Documents Phase. Under this Article 9.2.1, C~y may, but is not required to. pay Design Build Ent~ more frequently than monthly. 9.2.2 After Substantial Completion and subject to Article 9.4.3 of the General Conditions, the City will make any of the remaining progress payments in full. 9.3 APPLICATION FOR PAYMENT 9.3.1 On or before the 5th day of the month or such other date as is established by the Contract Documents, Design Build Entity shall submit to the City's Representative an itemized Application For Payment, for the cost of the Work in permanent place. as approved by the c~·s Representative, which has been completed in accordance with the Contract Documents, less amounts previously paid. The Application For Payment shall be prepared as follows: .1 Use the form contained in the Standard Forms . . 2 Itemize in accordance w~h the Cost Breakdown as applicable . . 3 Include such data substantiating Design Build Entity's right to payment as the C~y's Representative may reasonably require, such as invoices, certified payrolls, daily time and material records, and, if securnies are depos~ed in lieu of retention pursuant to Article 9.5 of the General Cond~ions, a certification of the market value of all such secur~ies as of a date not earlier than 5 days prior to the date of the Application For Payment as applicable . .4 Itemize retention. 9.3.2 Applications For Payment shall not include requests for payment on account of (1) changes which have not been authorized by Change Orders or (2) amounts Design Build Entity does not intend to pay a Subcontractor because of a dispute or other reason. 9.3.3 If required by the City, an Application For Payment shall be accompanied by (1) a summary showing payments that will be made to Subcontractors covered by such application and conditional releases upon progress payment or final payment 2-15-12 Page 41 of 58 General Conditions ~ -'<{ CITY Of ·~CARLSBAD Alga Norte Community Park SolarPV Contract No. 38372 and (2) unconditional waivers and releases of claims and stop notices. in the form contained in the Standard Forms. from each Subcontractor listed in the preceding Application For Payment covering sums disbursed pursuant to that preceding Application For Payment. 9.3.4 Design Build Entity warrants that. upon submittal of an Application For Payment, all Work, for which Certifocates For Payment have been previously issued and payment has been received from the City, shall be free and clear of all claims, stop notices, security interests, and encumbrances in favor of Design Build Entity, Subcontractors, or other persons or firms entitled to make claims by reason of having provided labor, materials, or equipment relating to the Work. 9.3.5 At the sole discretion of the City, City's Representative may approve for inclusion in the Application For Payment the cost of materials not yet incorporated in the Construction Work but already delivered and suitably stored either at the Project site or at some other appropriate location acceptable to the City's Representative. In such case, Design Build Entity shall furnish evidence satisfactory to the City's Representative (1) of the cost of such materials; and (2) that such materials are under the exclusive control of Design Build Entity. Only materials to be incorporated in the Work will be considered for payment. Any payment shall not be construed as acceptance of such materials nor relieve Design Build Entity from sole responsibility for the care and protection of such materials; nor relieve Design Build Entity from risk of loss to such materials from any cause whatsoever; nor relieve Design Build Entity from its obligation to complete the Work in accordance with the Contract; nor act as a waiver of the right of the City to require fulfillment of all terms of the Contract. Nolhing contained Within this Article 9.3.5 shall be deemed to obligate the City to agree to payment for any non-incorporated materials or any part thereof, payment being in the sole and absolute discretion of the City. 9.4 CERTIFICATE FOR PAYMENT 9.4.1 If Design Build Entity has submitted an Application For Payment in accordance with Article 9.3 above, the City's Representative shall, not later than 5 working days after the date of receipt of the Application For Payment, issue to the City, with a copy to Design Build Entity, a Certificate For Payment for such amount as the City's Representative determines to be C properly due. 9.4.2 If any such Appl1cabon For Payment IS determ1ned not to be 1n accordance With Article 9.3 above, the C1ty will 1nform Design Build Entity as soon as practicable, but not later than 5 working days after receipt. Thereafter, Design Build Entity shall have 3 days to revise and resubmit such Application For Payment; otherwise the City's Representative may issue a Certificate For Payment in the amount that the City's Representative determines to be properly due without regard to such Application For Payment. 9.4.3 Approval of all or any part of an Application For Payment may be withheld, a Certificate For Payment may be withheld, and all or part of a previous Certifocate For Payment may be nullified and that amount withheld from a current Certificate For Payment on account of any of the following: .1 .2 . 3 .4 . 5 . 6 .7 . 8 . 9 2-15-12 Defective Work not remedied. Third-party claims against Design Build Entity or the City arising from the acts or omissions of Design Build Entity or Subcontractors. Stop notices . Failure of Design Build Entity to make timely payments due Subcontractors. (Stop Notices are withheld at 1.25% per Public Contract Code) A reasonable doubt that the Work can be completed for the balance of the Contract Sum then unpaid . Damage to the City or Separate Contractor for which Design Build Entity is responsible . Reasonable evidence that the Work will not be completed Within the Contract Time; and that the unpaid balance of the Contract Sum would not be adequate to cover the City's damages for the anticipated delay. Failure of Design Build Entity to maintain and update as-built documents . Failure of Design Build Entity to submit schedules or their updates as required by the Contract Documents . Page 42 of 58 General Conditions c c C 1 TV OF CARLSBAD Alga Norte Community Park SolarPV Contract No. 38372 .10 Failure to provide condttional or uncondttional releases from any Subcontractor or supplier, if such waiver(s) have been requested by the City's Representative . . 11 Performance of Work by Design Build Enttty wtthout properly processed Shop Drawings . . 12 Liquidated damages assessed in accordance with the Agreement. .13 Failure to provide updated Reports of Subcontractor Information and Self-Certifications. as applicable . . 14 Failure to provide a Final Distribution of Contract Dollars with final Application for Payment. .15 Any other failure of Design Build Entity to perform its obligations under the Contract Documents. 9.4.4 Subject to the withholding provisions of Article 9.4.3 of the General Conditions, the City will pay Design Build Entity the amount set forth in the Certifocate For Payment no later than 10 days after the issuance of the Certificate For Payment. 9.4.5 Netther the City nor City's Representative will have an obligation to pay or to see to the payment of money to a Subcontractor. except as may otherwise be required by law. 9.4.6 Netther a Certificate for Payment nor a progress payment made by the Ctty will constttute acceptance of Defective Work. 9.5 DEPOSIT OF SECURITIES IN LIEU OF RETENTION AND DEPOSIT OF RETENTION INTO ESCROW 9.5.1 At the request and expense of Design Build Enttty, a substitution of securities may be made for any monies retained by the Ctty under Article 9.2 to ensure performance under the Contract Documents. Secumies equivalent in value to the r.atention amount required by the Contract Documents for each Certificate For Payment shall be deposited by Design Build Entity with a state or federally chartered bank in the State of California ("Escrow Agenr), which shall hold such securities pursuant to the escrow agreement referred to in Article 9.5.3 until retention is due in accordance wtth Article 9.8. Securities shall be valued as often as conditions of the secumies market warrant. but in no case less than once per month. Design Build En!Hy shall depostt addttional securtties so that the current market value of the total of all depostted securities shall be at least equal to the total required amount of retention. 9.5. 2 Alternatively to Article 9.5.1 above, and at the request and expense of Design Build Entity, the City will deposit retention direcHy with Escrow Agent. Design Build Entity may direct the investment of such deposited retention into interest bearing accounts or securities, and such deposits or securities shall be held by Escrow Agent upon the same terms provided for securities deposited by Design Build Enttty. Design Build Entity and its surety shall bear the risk of failure of the Escrow Agent selected. 9.5.3 A prerequisite to the substitution of securities in lieu of retention or the deposit of retention into escrow shall be the execution by Design Build Entity, the Ctty, and Escrow Agent of an Escrow Agreement for Deposit of Securtties in Lieu of Retention and Depostt of Retention in the form contained in the Standard Forms. The Design Build Enttty shall submit the Selection of Retention Options and the Escrow Agreement for Deposit of Securities in Lieu of Retention and Deposit of Retention not later than the date when 50% of the Work has been completed. The terms of such escrow agreement are incorporated into the requirements of this ArtiCle 9.5. 9.6 BENEFICIAL OCCUPANCY 9.6.1 The City reserves the right, at its option and convenience, to occupy or otherwise make use of any part of the Construction Work at any time prior to Substantial Completion or Final Completion upon 10 days' notice to Design Build En!Hy. Such occupancy or use is herein referred to as "Benefocial Occupancy.· Beneficial Occupancy shall be subject to the following condttions: 2-15-12 .1 The City's Representative will make an inspection of the portion of the Project to be beneficially occupied and prepare a list of Hems to be completed or corrected prior to Final Completion. Prior to Benefocial Occupancy, the City will issue a Certificate of Beneficial Occupancy on the City's form . . 2 Beneficial Occupancy by the City shall not be construed by Design Build Entity as an acceptance by the City of that portion of the Construction Work which is to be occupied. Page 43 of 58 General Conditions r '-" CITY Of. Alga Norte Community Park SolarPV Contract No. 38372 CARLSBAD .3 Beneficial Occupancy by the City shall not const~ute a waiver of existing claims of the City or Design Build Entity against each other . . 4 Design Build Entity shall provide, in the areas beneficially occupied and on a 24 hour and 7 day week basis as required, utility services, heating, and cooling for systems which are in operable cond~ion at the time of Beneficial Occupancy. All responsibility for the operation and maintenance of equipment shall remain with Design Build Entfty while the equipment is so operated. Design Build Entity shall submit to the City an ~emized list of each piece of equipment so operated with the date operation commences. The Guarantee to Repair Periods, as defined in Article 12.2, will commence upon the occupancy date stated in the Certificate of Beneficial Occupancy except that the Guarantee to Repair Periods for that part of equipment or systems that serve portions of the Work for which the City has not taken Benefocial Occupancy or issued a Certificate of Substantial Completion shall not commence until the City has taken Benefocial Occupancy for that portion of the Work or has issued a Certificate of Substantial Completion with respect to the entire Project. .5 .6 . 7 .8 . 9 . 10 . 11 The City will pay all normal operating and maintenance costs resulting from its use of equipment in areas beneficially occupied. The City will pay all utility costs which arise out of the Beneficial Occupancy, all utility costs prior to Benefocial Occupancy shall be the Design Builder's responsibility. Design Build Entfty shall not be responsible for providing security in areas benefiCially occupied . The City will use its best efforts to prevent fts Beneficial Occupancy from interfering with the conduct of Design Build Entity's remaining Work. Design Build Entity shall not be required to repair damage caused by the City in fts Beneficial Occupancy . Except as provided in this Article 9.6, there shall be no added cost to the City due to Beneficial Occupancy . Design Build Entity shall continue to maintain all insurance required by the Contract in full force and effect . 9.7 SUBSTANTIAL COMPLETION 9.7.1 "Substantial Completion" means the stage in the progress of the Construction Work, as determined by the City's Representative, when the Construction Work is complete and in accordance with the Contract Documents except only for completion of minor items which do not impair the C~y's ability to occupy and fully utilize the Construction Work for ~s intended purpose and a Certificate of Occupancy has been issued by the C~s Representative. 9.7.2 When Design Build Entity gives notice to the City's Representative that the Construction Work is substantially complete. unless the City's Representative determines that the Construction Work is not sufficiently complete to warrant an inspection to determine Substantial Completion, the C~s Representative will inspect the Construction Work. If the C~s Representative determines that the Work is not substantially completed the C~y's Representative will prepare and give to Design Build Entfty a comprehensive list of items to be completed or corrected before establishing Substantial Completion. Design Build Entity shall proceed promptly to complete and correct items on the list. Failure to include an item on such list does not a~er the responsibility of Design Build Entity to complete all Construction Work in accordance with the Contract Documents. Upon notification that the ~ems on the list are completed or corrected, as applicable, the City's Representative will make an inspection to determine whether the Construction Work is substantially complete. Costs for additional inspection by the City's Representative shall be deducted from any monies due and payable to Design Build Entity. 9. 7.3 When the City's Representative determines that the Construction Work is substantially complete, the City's Representative will arrange for inspection by the City and other officials. as appropriate, for the purpose of issuing a Certificate of Occupancy. After a CertifiCate of Occupancy has been issued by all permitting and licensing enmies, the City's Representative will prepare a Certificate of Substantial Completion on the City's form as contained in the Standard Forms, which, when signed by the City, shall establish the date of Substantial Completion and the responsibilities of the City and Design Build Entity for security, maintenance, utilities, insurance. and damage to the Construction Work. The City's Representative will prepare and furnish to the Design Build Entity a comprehensive "punch lisf' of items to be completed or corrected prior to Final Completion. 9.7.4 Unless otherwise provided in the Certifocate of Substantial Completion, the Guarantee To Repair Period for the Work covered by the Certifocate of Substantial Completion, shall commence on the date of Substantial Completion of the 2-15-12 Page 44 of 58 General Conditions ......... c Cl T Y Of. CARLSBAD Alga Norte Community Park SolarPV Contract No. 38372 Construction Work except that Substantial Completion shall not commence the Guarantee to Repair Period for any equipment or systems that: .1 Are not operational (equipment or systems shall not be considered operational if they cannot be used the intended service; or .2 Are not accepted by the City. 9.7.5 The Guarantee to Repair Period for equipment or systems which become fully operational and accepted subsequent to Substantial Completion will begin on the date oftheir written acceptance by the City. 9.7.6 The daily rate included in the Agreement and specifically identified as the rate to be paid to Design Build Entity for Compensable Delays shall not apply to any delays occurring after the Work is substantially completed. 9.8 FINAL COMPLETION, FINAL PAYMENT, AND RELEASE OF RETENTION 9.8.1 Upon receipt of notice from Design Build Entity that the Work is ready for final inspection, the City's Representative will make such inspection. Final Completion shall be when the City's Representative determines that the Work is fully completed and in accordance with the Contract Documents, including without lim~ation, satisfaction of all "punch list" ~ems, and determines that a Certifteate of Occupancy has been issued by the City and all permitting and licensing ent~ies. The C~y will·file a Notice of Completion w~hin 10 days after Final Completion. After receipt of the final Application For Payment, if the City's Representative determines that Final Completion has occurred, the City's Representative will issue the final CertifiCate For Payment. Final Completion must occur w~h 90 days of Substantial Completion. Failure to achieve Final Completion within 90 days will change the Substantial Completion Date, causing Liquidated Damages to be assessed to the Design Build Entity for each day Final Completion is delayed. Final payment and retention shall be released to Design Build Entity, as set forth in Article 9.8.3, after: .1 Design Build Entity subm~s the final Application For Payment and all submittals required in accordance ~h Article 9. 3; .2 Design Build Entity submits all guarantees and warranties procured by Design Build Entity from Subcontractors, all operating manuals for equipment installed in the Project, as-built documents, and all other submittals required by the Contract Documents; .4 The City's Representative issues the final Certificate For Payment. At ~s sole discretion, after Final Completion, the City may waive the requirement that Design Build Entity subm~ a final Application For Payment before making final payment and/or release of retention to Design Build Ent~y. 9.8.3 Final payment shall be paid not more than 10 days after the C~y's Representative issues the final Certificate For Payment. Retention shall be released to Design Build Entity 35 days after the filing of the Notice of Completion. 2-15-12 Page 45 of 58 General Conditions - CITY OF CARLSBAD Alga Norte Community Park SolarPV Contract No. 38372 9.8.4 Acceptance of final payment by Design Build Ent~y shall constitute a waiver of all claims, except claims for retention and claims previously made in writing and identified by Design Build Entity as unsettled at the time of the final Application For Payment. Neither final payment nor any remaining retained percentage shall become due until the Design Builder submits to the City (1) an affidav~ that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and wm nol be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner, (3) a written statement that the Design Builder knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment and (5) if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, secur~y interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner. If a Subcontractor refuses to furnish a release or waiver required by the Owner, the Design Builder may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien, If such lien remains unsatisfied after payments are made, the Design Builder shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including all costs and reasonable attorneys' fees. Design Builder shall also furnish all warranties, guarantees, record documents, operating and maintenance manuals and shall have reviewed all equipment and facaity operations and maintenance with the Owner, prior to issuance of the Certificate of Final Completion. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10.1 SAFETY PRECAUTIONS AND PROGRAMS 10.1.1 Design Build Ent~ shall be solely responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the performance of the Contract. 10.2 SAFETY OF PERSONS AND PROPERTY 10.2.1 Design Build Entity shall take adequate precautions for safety of and shall provide adequate protection to prevent damage, injury, or loss to the following: .1 Employees involved in the Construction Work and other persons who may be affected thereby . . 2 The Construction Work in place and materials and equipment to be incorporated therein, whether in storage on or off the Project s~e. under care. custody, or control of Design Build Ent~ or Subcontractors . . 3 Other property at the Project site and adjoining property. 10.2.2 Design Build En~ shall erect and maintain, as required by existing conditions and performance of the Work, adequate safeguards for safety and protection, including providing adequate lighting and ventilation, posting danger signs and other warnings against hazards, promulgating safety regulations, and notifying owners and users of adjacent sites and utilities. 10.2.3 When use or storage of explosives, other hazardous materials, equipment, or unusual methods are necessary for execution of the Construction Work, Design Build Entity shall exercise the utmost care and carry on such activities only under the supervision of properly qualified personnel. 10.2.4 Design Build Ent~ shall designate a responsible member of Design Build Entity's organization at the Project s~e whose duty shall be the prevention of accidents. . 10.2.5 Design Build Entity shall not load, or perm~ any part of the Construction Work or the Project s~e to be loaded, so as to endanger the safety of persons or property. 10.3 EMERGENCIES 10.3.1 In an emergency affecting the safety or condition of persons or property, Design Build Entity shall act to prevent or minimize damage, injury, or loss. Design Build Entity shall promptly notify the c~·s Representative, which notice may be oral followed by written conformation, of the occurrence of such an emergency and Design Build Entity's action. 2-15-12 Page 46 of 58 General Conditions c ~ (' CITY Of. ·~CARLSBAD Alga Norte Community Park SolarPV Contract No. 38372 ARTICLE 11 INSURANCE AND BONDS 11.1 DESIGN BUILDER'S INSURANCE 11.1.1 Design Builder shall, obtain, pay for and maintain, or cause to be obtained, paid for and maintained, insurance acceptable to the City that covers claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Design Builder, Design Builder's agents, representatives, employees, or Subcontractors. The cost of the required insurance is included in the contract price. No work shall start until compliance w~h all insurance requirements has been met and approved by the City. Coverages and Limits. Design Builder shall maintain the types of coverages and minimum limits indicated herein. If the Design Builder maintains higher limits than the minimums shown below, the City shall be entitled to coverage for higher limits maintained by the Design Builder. All policies will remain in full force and effect throughout the term of the Project and, when there is an extended reporting period, shall remain in effect for the time stipulated. 11.1.2 The following policies and coverage shall be furnished by Design Builder: .1 COMMERCIAL FORM GENERAL LIABILITY INSURANCE: $10,000,000 per occurrence, $10,000,000 products/completed operations, and $10,000,000 general aggregate limits annually (applicable separately to the Project with endorsement CG-25-03 or equivalent) covering all operations by or on behalf of the Design Builder arising out of construction of the Project, including independent Design Builders, bodily injury, personal injury, property damage. personal and advertising liabiltty, and liabiltty assumed under an insured contract. The policy form shall be at least as broad as Insurance Services Office (ISO) form CG0001. The policy shall not include exclusions for property damage from explosion, collapse or underground hazard, or inadvertent construction defects. The products and completed operations coverage shall be maintained throughout the design-build period and shall extend for a period of not less than 10 years beginning from the time work under this Contract is completed. Insurance may be met through a combination of primary and excess coverage as long as the excess coverage is written on a "follow form" or umbrella basis. The umbrella or excess liabiiHy policy shall contain a clause stating that H takes effect (drops down) in the event the primary aggregate limns are impaired or exhausted. The Commercial General Liability policy shall be endorsed to add that the CHy, Hs officials, employees and volunteers are additional insureds wHh respect to liabiiHy arising out of or connected with work, activHies or operations performed by or on behalf of the Design Builder, including materials, parts or equipment furnished in connection with such work or operations; and including products and completed operations of the Design Builder; and premises owned, leased, hired or borrowed by the Design Builder. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees or volunteers. Coverage for such addilional insureds is not intended and does not extend liabiltty to the extent prohibHed by Insurance Code Section 11580.04. Additional insured coverage shall be provided by an endorsement(s) providing coverage at least as broad as ISO Additional Insured endorsement form CG 20 10 11 85 or both CG 20 10 10 01 and CG 20 37 10 01. The endorsement shall be submitted to the CHy. The Commercial General Liability Policy shall be endorsed to be primary insurance as respects the City, Hs offteials, employees and volunteers. Any insurance or self-insurance maintained by the City, its offiCials, employees or volunteers shall be in excess of the Design Builder's insurance and shall not contribute with tt. The endorsement shall be submitted to the City. The Commercial General Liability policy shall state that the insurance shall apply separately to each insured against whom a claim is made or a lawsuit is brought, subject only to the limits of the insurer's liability . . 2 BUSINESS AUTOMOBILE LIABILITY INSURANCE: $5,000,000 per accident for bodily injury and property damage. The policy form shall be at least as broad as Insurance Services Office Form Number CA 0001 covering Code 1 (Any Auto). The Business Automobile Liabimy policy shall contain a provision that the City, its officials, employees and volunteers are insureds with respect to liability arising out of or connected with work under this contract. The 2-15-12 Page 47 of 58 General Conditions c c Cl TV OJ. CARLSBAD Alga Norte Community Park SolarPV Contract No. 38372 2-15-12 Business Automobile poliCy shall be primary insurance as respects the Ctty, tts officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be in excess of the Design Builder's insurance and shall not contribute with it. The Business Auto policy shall state that the Design Builder's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liabiltty . . 3 WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE: As required by the State of California, with Statutory Limtts. and Employers' Liabiltty insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease. Workers' Compensation insurance offered by the State Compensation Insurance Fund is acceptable to the Ctty. The Workers' Compensation policy shall be endorsed to contain a waiver of subrogation in favor of the City for all work performed by the Design Builder, its employees, agents and subcontractors. The endorsement shall be submitted to the Ctty . . 4 PROFESSIONAL LIABILITY INSURANCE: $10,000,000 per occurrence (or claim if policy is written on a claims made basis). and in the aggregate and shall either be in the form of a practice policy or a project specifiC policy. Design Builder agrees to maintain, and shall cause to be maintained by other Design Builders and Subcontractors who are involved in design work or other professional services, professional liability insurance specifiCally designed to prolect against acts, errors or omissions of the Design Builder or other Design Builders or Subcontractors as appropriate, and "Professional Services" as designated and any such policy must specifically include services performed under this Contract. If policy is wrttten on a claims made basis, Design Builder or other contractor or Subcontractor as appropriate shall maintain this professional liability insurance with a retroactive date effective before the commencement of any design, and throughout the term of this Contract and for at least five (5) years after the date of completion and acceptance of the Project with preservation of the retroactive date. If claims made coverage is cancelled or non-renewed and not replaced, an extended discovery period and endorsement is acceptable to meet the five year requirement. .5 DESIGN BUILDERS' EQUIPMENT INSURANCE: Design Builder and all Subcontractors shall maintain insurance covering physical damage to owned, leased, rented, or borrowed equipment used or on the jobsite, including rental charges. All Design Builders' miscellaneous tools shall be covered by the individual Design Builder or Subcontractor . . 6 POLLUTION/ENVIRONMENTAL IMPAIRMENT LIABILITY: $5,000,000 per loss and annual aggregate applicable to bodily injury; property damage, including loss of use of damaged property or of property that has not been physically damaged or destroyed; dean-up costs, including first party clean-up of the City's property and third party clean-up, and bodily injury costs if project pollutants impact other properties; and defense, including costs, fees and expenses incurred in the investigation, defense, or resolution of Claims. Coverage shall include completed operations and shall apply to sudden and non-sudden pollution conditions. Coverage shall apply to construction activities and to acts, errors or omissions arising out of or in connection wtth Design Builder's scope of work under this Contract. Coverage may be arranged under a Design Builder's Pollution Liability policy, as part of a Professional Liability policy, by any combination thereof. or by other insurance, as long as pollution liability coverage is provided for both construction activtties and professional services. Coverage shall include transport and disposal of contaminants and shall include liability assumed under contract Coverage is preferred by the Ctty to be occurrence based. However, if provided on a claims-made basis, Design Builder warrants that any retroactive date appliCable to coverage under the policy precedes the effective date of this Contract. and that continuous coverage shall be maintained or an extended discovery period will be exercised for a period of fiVe (5) years beginning from the time work under this Contract is completed. The Pollution/Environmental Impairment Liability policy shall be endorsed to contain a provision that the City, tts officials, employees and volunteers are insureds or addttional insureds. The endorsement shall be submitted to the City. The Pollution/Environmental Impairment Liability poliCy shall be endorsed to be primary insurance as respects the Ctty, tts offiCials, employees and volunteers. Any insurance or self-insurance maintained by the Cily, its officials, employees or volunteers shall be in excess of the Design Builder's insurance and shall not contribute with it. The endorsement shall be submitted to the Cfty. Page 48 of 58 General Conditions c c Cll Y OF-Alga Norte Community Park SolarPV Contract No. 38372 CARLSBAD The Pollution/Envirorvnental Impairment Liability policy shall state that the Design Builder's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limtts of the insurer's liability. 11.1.3 Additional Provisions: Design Builder shall ensure that the policies of insurance required under this agreement contain, or are endorsed to contain the following provisions: 2-15-12 .1 Insurance Coverage. Insurance coverages shall not be non-renewed, suspended, voided, canceled, or reduced in coverage or limits except after ten (10) days' prior written notice has been sent to the City by certified mail pursuant to the Notice provisions of this Agreement. .2 Deductible& snd Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured retention levels must be declared to and approved by the Ctty. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the City, its officials and employees; or the Design Builder shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. The Design Builder is responsible for any deductible or retention amount . . 3 Subcontractors. Design Builder shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontraclor. Coverages for subcontractors shall be subject to all of the requirements stated herein . . 4 Acceptability of Insurers. Insurance is to be placed with insurers that are admitted carriers in California with a rating in the most recent Best's Key Rating Guide of at least A-:VII, or surplus line insurers on the State of California's List of Eligible Surplus Line Insurers (LESLI) wtth a rating in the latest Besrs Key Rating guide of at least A:X. .5 Verification Of Coverage. Design Bu~der shall furnish the City with certificates of insurance and original endorsements affecting required coverage. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on tts behalf. The certificates and endorsements are to be in forms approved by the Ctty and are to be received and approved by the City before the Contract is executed by the City. Design Builder shall furnish the City with new certificates of insurance and endorsements on each renewal of coverage or change of insurers. Proof of insurance shall be sent to the City pursuant to the Notice provisions of this Agreement or as may be directed in wrtting by ____ _ .6 Non-Recourse Provision. All insurance policies shall provide that the insurers shall have no recourse against the City or any other additional insured for payment of any premium or assessment or for any deductible or self- insured retention. 7 Indemnification and Duty to Defend. The insurance coverage provided hereunder shall support, but is not intended to limtt, Design Builder's indemnification (as defined in Article 3.29) and duty to defend obligations under this Contract or as otherwise provided by law . . 8 Enforcement. The City may take any steps necessary to assure Design Builder's compliance with tts insurance obligations and the City reserves the right to require. at any time, complete and certified copies of any or all required insurance policies and endorsements. Should any insurance policy lapse or be cancelled during the Contract period Design Builder shall. no less than thirty (30) days prior to the effective expiration or cancellation, furnish the City wtth written evidence of renewal or replacement of the policy. Failure to continuously maintain insurance coverage as herein required is a material breach of this Contract and the City may maintain this coverage and withhold or charge the expense to Design Builder or terminate the Design Builder's control of the work in accordance with this Contract. The required insurance shall be subject to the approval of the City, but any acceptance of copies of insurance policies, insurance certificates and self-insured documentation by the City shall in no way limit or relieve Design Builder of tts duties and responsibilities under this Contract to indemnify, defend and hold harmless the City, its offiCials, employees and volunteers. Insurance coverage in the minimum amounts set forth herein shall not be construed to relieve Design Builder for liabiltty in excess of such coverage, nor shall it preclude the City from taking other actions available to tt under any other provision of the Contract or law, including the withholding of funds under this Contract. Failure of the City to enforce in a timely manner any of the provisions of Section 10 shall not act as a waiver to enforcement of any of these provisions at a later time. Page 49 of 58 General Conditions I""' C I TV Of CARLSBAD 11.2 BUILDER'S RISK PROPERTY INSURANCE Alga Norte Community Park SolarPV Contract No. 38372 11.2.1 Throughout the design-build period until final completion of the Project, a Project specific Builder's Risk (Course of Construction) insurance policy, covering all design-build work other than design (including testing and commissioning) at the Project site. while in transit and at any temporary off-site location; all materials supplies, machinery. fixtures and equipment intended to become a permanent part of the Project or for permanent use in the Project or incidental to the construction; an temporary structures that are to be used in or incidental to the fabrication. erection, testing, or completion of the design-build Project to the extent the cost thereof is included in the design-build work upon which the contract price is based. while on or about the Project site awaiting or during construction. The Builder's Risk poliCy: .1 shall be written on a completed value basis in an amount not less than the full replacement value of the Project ($30,000,000); .2 shall be written on an "All Risk" (Special Perils) coverage form, including reinstatement of Lim~ after Loss and no coinsurance penalty provisions; .3 shall specifiCally cover loss or damage arising as a consequence of faulty workmanship or materials or design error; .4 shall include coverage for delay costs to a maximum amount 10,000 per day to include loss of revenue, loss of investment income, continued payment of debt service, and the costs of Project redesign if a covered loss ensues as a result of a design error. 11.2.2 The City shall provide information as reasonably requested by the Design Builder or insurance company, where necessary to complete insurance applications. The Builder's Risk insurance policy shall extend until final completion of the Project. \.,r 11.2.3 The Builders' Risk policy shall be endorsed to name the CKy as Loss Payee. The endorsement shall be submitted to the City. The Builders' Risk policy shall be endorsed to contain a waiver of subrogation in favor of the City. The endorsement shall be submitted to the City. The Builder's Risk policy shall be endorsed to be primary insurance as respects the City, its offiCials, employees and volunteers. Any insurance or self-insurance maintained by the CKy, Ks officials, employees or volunteers shall be in excess of the Design Builder's insurance and shall not contribute with ~-The endorsement shall be submitted to the C~ c 11.3 PERFORMANCE BOND AND PAYMENT BOND 11.3.1 Design Builder shall furnish bonds covering the fa~hful performance of the Contract (Performance Bond) and payment of obligations arising thereunder (Payment Bond) on the forms contained in the Standard Forms. 11.3.2 The Payment Bond and Performance Bond shall each be in the amount of the Lump Sum Cost Proposal. 11.3.3 The Payment Bond and Performance Bond shall be in effect on the date the Contract is signed by the City. 11.3.4 Design Builder shall promptly furnish such additional secur~ as may be required by the City to protect ~s interests and those interests of persons or firms supplying labor or materials to the Work. Design Builder shall furnish supplemental Payment and Performance Bonds each in the amount of the current Contract Sum at the request of the C~y. 11.3.5 Surety companies used by Design Builder shall be, on the date the Contract is signed by the CKy, listed in the latest published State of California, Department of Insurance list of "Insurers Admitted to Transact Surety Insurance in This State." 11.3.6 The premiums for the Payment Bond and Performance Bond shall be paid by Design Builder. ARTICLE 12 UNCOVERING AND CORRECTION OF CONSTRUCTION WORK 12.1 UNCOVERING OF WORK 2-15-12 Page 50 of 58 General Conditions c c CITY Of. CARLSBAD Alga Norte Community Park SolarPV Contract No. 38372 12.1.1 If a portion of the Construction Work is covered contrary to the City's Representative's request or direction. or contrary to the requirements of the Contract Documents. it must. if required in writing by the City's Representative, be uncovered for the City's Representative's observation and be replaced at Design Build Entity's expense without adjustment of the Contract Time or the Contract Sum. 12.1.2 If a portion of the Construction Work has been covered, which is not required by the Contract Documents to be observed or inspected prior to its being covered and which the City's Representative has not specifically requested to observe prior to its being covered, the City's Representative may request to see such Construction Work and it shall be uncovered and replaced by Design Build Entity. If such Construction Work is in accordance with the Contract Documents, the costs of uncovering and replacing the Construction Work shall be added to the Contract Sum by Change Order; and if the uncovering and replacing of the Construction Work extends the Contract Time, an appropriate adjustment of the Contract Time shall be made by Change Order. If such Construction Work is not in accordance with the Contract Documents, Design Build Entity shall pay such costs and shall not be entitled to an adjustment of the Contract Time or the Contract Sum. 12.2 CORRECTION OF DEFECTIVE WORK AND GUARANTEE TO REPAIR PERIOD 12.2.1 The term "Guarantee To Repair Period" means a period of 2 years, unless a longer period of time is specified, commencing as follows: .1 For any Construction Work not described as incomplete in the Certificate of Substantial Completion, on the date of Substantial Completion . . 2 For space beneficially occupied or for separate systems fully utilized prior to Substantial Completion pursuant to Article 9.6 of the General Conditions, from the first dale of such Benefocial Occupancy or actual use, as established in a Certificate of Beneficial Occupancy. .3 For all Construction Work other than .1 or .2 above. from the date of Final Completion. 12.2.2 Design Build Entity shall (1) correct Defective Work that becomes apparent during the progress of the Work or during the Guarantee To Repair Period. and (2) replace. repair, or restore to the City's satisfaction any other parts of the Work and any other real or personal property which is damaged or destroyed as a result of Defective Work or the correction of Defective Work. Design Build Entity shall promptly commence such correction. replacement, repair. or restoration upon notice from the City's Representative or the City, but in no case later than 10 days after receipt of such notice; and Design Build Entity shall diligently and continuously prosecute such correction to completion. Design Build Entity shall bear all costs of such correction, replacement. repair, or restoration, and all losses resulting from such Oefective Work, including additional testing, inspection, and compensation for the City's Representative's services and expenses. Design Build Entity shall perform corrective Work at such times that are acceptable to the City and in such a manner as to avoid, to the extent practicable, disruption to the City's activities. 12.2.3 If immediate correction of Defective Work is required for life safety or the protection of property and is performed by the City or Separate Contractors. Design Build Entity shall pay to the City all reasonable costs of correcting such Defective Work. Design Build Entity shall replace, repair, or restore to the City's satisfaction any other parts of the Construction Work and any other real or personal property which is damaged or destroyed as a result of such Defective Work or the correction of such Defective Work. 12.2.4 Design Build Entity shall remove from the Project site portions of the Construction Work and materials which are not in accordance with the Contract Documents and which are neither corrected by Design Build Entity nor accepted by the City. 12.2.5 If Design Build Entity fails to commence correction of Defective Work within 10 days after notice from the City or City's Representative or fails to diligently prosecute such correction to completion, the City may correct the Defective Work in accordance with Article 2.4 of the General Conditions; and, in addition, the City may remove the Defective Work and store salvageable materials and equipment at Design Build Entity's expense. 12.2.6 If Design Build Entity fails to pay the costs of such removal and storage as required by above Articles 12.2.4 and 12.2.5 within 10 days after written demand, the City may, without prejudice to other remedies. sell such materials at auction or at private sale, or otherwise dispose of such material. Design Build Entity shall be entitled to the proceeds of such sale, if any, in excess of the costs and damages for which Design Build Entity is liable to the City, including compensation for the City's Representative's services and expenses. If such proceeds of sale do not cover costs and damages for which Design Build Entity is liable to the City, the Contract Sum shall be reduced by such deficiency. If there are no remaining payments due 2-15-12 Page 51 of 58 General Conditions c c c C I TV OJ. CARLSBAD Alga Norte Community Park Solar PV Contract No. 38372 Design Build Entity or the remaining payments are insufficient to cover such deficiency, Design Build Entily shall promptly pay the difference to the City. 12.2.7 Design Build Entity's obligations under this Article 12 are in addition to, and not in limitation of, its warranty under Article 3.4 of the General Conditions or any other obligation of Design Build Entity under the Contract Documents. Enforcement of Design Build Entity's express warranties and guarantees to repair contained in the Contract Documents shall be in addition to and not in limitation of any other rights or remedies the Cily may have under the Contract Documents or at law or in equity for Defective Work. Nothing contained in this Article 12 shall be construed to establish a period of limitation with respect to other obligations of Design Build Entity under the Contract Documents. Establishment of the Guarantee To Repair Period relates only to the specifiC obligation of Design Build Entily to correct the Work and in no way limits either Design Build Entily's liabilily for Defective Work or the time within which proceedings may be commenced to enforce Design Build Entity's obligations under the Contract Documents. ARTICLE 13 TERMINATION OR SUSPENSION OF THE CONTRACT 13.1 TERMINATION BY DESIGN BUILDER 13.1.1 Subject to below Article 13.1.2, Design Build Entily shall have the right to terminate the Contract only upon the occurrence of one of the following: .1 Provided that the City has not commenced reasonable action to remove any order of a court within the 90 day period. the Work is stopped for 90 consecutive days, through no act or fault of Design Build Entity, any Subcontractor, or any employee or agent of Design Build Entity or any Subcontractor, due to an issuance of an order of a court or other public authority having jurisdiction or due to an act of government, such as a declaration of a national emergency making material unavailable . . 2 The City fails to perform any material obligation under the Contract Documents and fails to cure such default within 30 days, or Cily has not commenced to cure such defau~ within 30 days where such cure will require a reasonable period beyond 30 days and diligently prosecutes the same to completion. after receipt of notice from Design Build Entity stating the nature of such default(s) . . 3 Repeated suspensions by the City, other than such suspensions as are agreed to by Design Build Entity under Article 13.3 below, which constitute in the aggregate more than 20% of the Contract Time. 13.1.2 Upon the occurrence of one of the events listed in Article 13.1.1 above, Design Build Entity may, upon 10 days additional notice to the City and City's Representative, and provided that the condition giving rise to Design Build Entity's right to terminate iS continuing, terminate the Contract. 13.1.3 Upon termination by Design Build Entily, the City will pay to Design Build Entity the sum determined by Article 13.4.4 of the General Conditions. Such payment will be the sole and exclusive remedy to which Design Build Entily is entitled in the event of termination of the Contract by Design Build Entity pursuant to this Article 13.1; and Design Build Entily will be entitled to no other compensation or damages and expressly waives the same. 13.2 TERMINATION BY THE CITY FOR CAUSE 13.2.1 The City will have the right to terminate the Contract for cause at any time after the occurrence of any of the following events: .1 Design Build Entity becomes insolvent or files for relief under the bankruptcy laws of the United States . . 2 Design Build Entily makes a general assignment for the benefit of its creditors or fails to pay its debts as the same become due . . 3 A receiver is appointed to take charge of Design Build Entity's property . . 4 The commencement or completion of any Work activity on the critical path is more than 30 days behind the date set forth in the Contract Schedule for such Work activity as a result of an Unexcusable Delay. For a 2-15-12 Page 52 of 58 General Conditions c ~ '(•: CllY Of. -~CARLSBAD Alga Norte Community Park SolarPV Contract No. 38372 Contract w~h a Contract Time of less than 300 days. the 3Q-day period shall be reduced to the number of days commensurate with 10% of the Contract Time . . 5 Design Build Entity abandons the Work. 13.2.2 Upon the occurrence of any of the following events. the City will have the right to terminate the Contract for cause if Design Build Entity fails to promptly commence to cure such default and diligently prosecute such cure within 5 days after notice from the City, or within such longer period of time as is reasonably necessary to complete such cure: .1 Design Build Entity persistently or repeatedly refuses or fails to supply skilled supervisory personnel. an adequate number of properly skilled workers, proper materials, or necessary equipment to prosecute the Work in accordance with the Contract Documents . . 2 Design Build Entity fails to make prompt payment of amounts properly due Subcontractors after receiving payment from the City . . 3 Design Build Enmy disregards Applicable Code Requirements . . 4 Design Build Entity persistently or materially fails to execute the Work in accordance with the Contract Documents . . 5 Design Build Entity is in default of any other material obligation under the Contract Documents . . 6 Design Build Entity persistently or materially fails to comply with applicable safety requirements. 13.2.3 Upon any of the occurrences referred to in Ar1icles 13.2.1 and 13.2.2 above, the City may, at its election and by notice to Design Build Entity, terminate the Contract and take possession of the Project site and all materials, supplies. equipment, tools, and construction equipment and machinery thereon owned by Design Build Ent~; accept the assignment of any or all of the subcontracts; and then complete the Work by any method the C~ may deem expedient. If requested by the City, Design Build Entity shall remove any part or all of Design Build Entity's materials, supplies, equipment, tools, and construction equipment and machinery from the Project site within 7 days of such request; and if Design Build Ent~ fails to do so, the C~ may remove or store, and after go days sell, any of the same at Design Build Entity's expense. 13.2.4 If the Contract is terminated by the City as provided in this Article 13.2, Design Build Entity shall not be entitled to receive any further payment until the expiration of 35 days after Final Completion and acceptance of all Work by the C~y. 13.2.5 If the unpaid balance of the Contract Sum exceeds the cost of completing the Work, including all additional costs and expenses made necessary thereby, including costs for the City staff time, plus all losses sustained, including any liquidated damages provided under the Contract Documents. such excess shall be paid to Design Build Entity. If such costs. expenses, losses, and liquidated damages exceed the unpaid balance of the Contract Sum, Design Build Enmy shall pay such excess to the City. 13.2.6 No termination or action taken by the C~ after termination shall prejudice any other rights or remedies of the City provided by law or by the Contract Documents upon such termination; and the City may proceed against Design Build Entity to recover all losses suffered by the City. 13.3 SUSPENSION BY THE CITY FOR CONVENIENCE 13.3.1 The C~ may, at any time and from time to time, without cause, order Design Build Ent~. in writing, to suspend, delay, or interrupt the Work in whole or in part for such period of time, up to 90 days, as the C~ may determine, with such period of suspension to be computed from the date of delivery of the written order. Such order shall be specifically identified as a "Suspension Order" under this Ariicle 13.3. The Work may be stopped for such further period as the parties may agree. Upon receipt of a Suspension Order, Design Build Entity shall, at the City's expense. comply with its terms and take all reasonable steps to minimize costs allocable to the Work covered by the Suspension Order during the period of Work stoppage. Within 90 days after the issuance of the Suspension Order. or such extension to that period as is agreed upon by Design Build Entity and the City, City shall either cancel the Suspension Order or delete the Work covered by such Suspension Order by issuing a Change Order. 13.3.2 If a Suspension Order is canceled or expires, Design Build Entity shall continue with the Work. A Change Order will be issued to cover any adjustments of the Contract Sum or the Contract Time necessarily caused by such suspension. Any 2-15-12 Page 53 of 58 General Conditions c c c CITY 0 ~ CARLSBAD Alga Norte Community Park SolarPV Contract No. 38372 Claim by Design Build Entity for an adjustment of the Contract Sum or the Contract Time shall be made within 21 days after the end of the Work suspension. Design Build Entity agrees that submission of tts claim within said 21 days is an express condition precedent to its right to Arbitrate or Litigate such a claim. 13.3.3 The provisions of this Article 13.3 shall not apply if a Suspension Order is not issued by the City. A Suspension Order shall not be required to stop the Work as permitted or required under any other provision of the Contract Documents. 13.4 TERMINATION BY THE CITY FOR CONVENIENCE 13.4.1 The City may, at its option, terminate this Contract, in whole or from time to time in part. at any time by giving notice to Design Build Entity. Upon such termination, Design Build Entity agrees to waive any claims for damages, including loss of anticipated profits. on account thereof; and, as the sole right and remedy of Design Build Entity, the Ctty shall pay Design Build Entity in accordance with Article 13.4.4 below. 13.4.2 Upon receipt of notice of termination under this Article 13.4, Design Build Entity shall. unless the notice directs otherwise. do the following: .1 Immediately discontinue the Work to the extent specified in the notiCe . . 2 Place no further orders or subcontracts for materials. equipment, serviCes. or faciltties, except as may be necessary for completion of such portion of the Work as is not discontinued . . 3 Promptly cancel, on the most favorable terms reasonably possible, all subcontracts to the extent they relate to the performance of the discontinued portion of the Work . .4 Thereafter. do only such Work as may be necessary to preserve and protect Work already in progress and to protecl materials, plants, and equipment on the Project stte or in transit thereto. 13.4.3 Upon such termination, the obligations of the Contract shall continue as to portions of the Work already performed and, subject to Design Build Entity's obligations under Article 13.4.2 above. as to bona fide obligations assumed by Design Build Entity prior to the date of termination. 13.4.4 Upon such termination, the City shall pay to Design Build Entity the sum of the following: .1 The amount of the Contract Sum allocable to the portion of the Work proper1y performed by Design Build Enttty as of the date of termination. less sums previously paid to Design Build Enttty . . 2 incorporation in the Work . . 3 Plus any proven losses with respect to materials and equipment direcUy resuHing from such termination . . 4 Plus reasonable demobilization costs . . 5 Plus reasonable costs of preparing a statement of the aforesaid costs. expenses, and losses in conneclion with such termination. 13.4.5 The above payment shall be the sole and exclusive remedy to which Design Build Entity is entitled in the event of termination of the Contract by the City pursuant to this Article 13.4; and Design Build Entity will be entitled to no other compensation or damages and expressly waives same. ARTICLE 14 STATUTORY AND OTHER REQUIREMENTS 14.1 NONDISCRIMINATION 14.1.1 For purposes of this Article 14.1, the term Subcontractor shall not include suppliers, manufacturers, or distributors. 2-15-12 Page 54 of 58 General Conditions c c ( 11 Y Of Alga Norte Community Park So/arPV Contract No. 38372 CARLSBAD 14.1.2 Design Build Entity shall comply and shall ensure that all Subcontractors comply with Sections 12900 through 12996 of the State of California Government Code. 14.1.3 Design Build Entity agrees as follows during the performance of the Work: 2-15-12 .1 Design Build Entity shall provide equal treatment to, and shall not willfully discriminate against or allow harassment of any employee or applicant for employment on the basis of: race; color; religion; sex; age; ancestry; national origin; sexual orientation; physical or mental disability; veteran's status; medical condition (as defined in Section 12926 of the State of California Government Code and including cancer-related medical conditions and or genetic characteristics); genetic information (as defined in the Genetic Information Nondiscrimination Act of 2008 and including family medical history); marital status; gender identity, pregnancy, or citizenship (within the limits imposed by law or the C~y·s policy) or service in the uniformed services (as defined by the Uniformed Services Employment and Reemployment Rights Act of 1g94). Design BuHd Entfty will also take affirmative action to ensure that any such employee or applicant for employment is not discriminated against on any of the bases identified above. Such equal treatment shall apply, but not be limited to the following: employment; upgrade; demotion or transfer; recruitment or recruftment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Design Build Entity also agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. The Design Build Entfty will, in all solicitations or advertisements for employees placed by or on behalf of the Design Build Entity, state that qualified applicants will receive consideration for employment without regard to: race; color; religion; sex; age; ancestry; national origin; sexual orientation; physical or mental disability; veteran's status; medical condition (as defined in Section 12926 of the State of California Government Code and including cancer-related medical conditions and or genetic characteristics); genetic information (as defined in the Genetic Information Nondiscrimination Act of 2008 and including famHy medical history); marital status; gender identity, pregnancy, or citizenship (within the limits imposed by law or the Cfty's policy) or service in the uniformed services (as defined by the Uniformed Services Employment and Reemployment Rights Act of 1994). For purposes of this provision: ( 1) "Pregnancy" includes pregnancy, childbirth, and medical conditions related to pregnancy and childbirth; and (2) "Service in the uniformed services" includes membership, application for membership, performance of service, application for service, or obligation for service in the uniformed services . . 2 Design Build Entfty and all Subcontractors wm permft access to their records of employment. employment advertisements, application forms, and other pertinent data and records by the City or any appropriate agency of the State of California designated by the City for the purposes of investigation to ascertain compliance with this Article 14.1. The outcome of the investigation may result in the following: .1 A finding of willful violation of the provisions of this Contract or of the Fair Employment Practices Act may be regarded by the City as (1) a basis for determining that Design Build Entfty is not a "responsible bidder" as to future contracts for which such Design BuHd Entity may submit bids, or (2) a basis for refusing to accept or consider the bids of Design Build Entity for future contracts . . 2 The City may deem a finding of willful violation of the Fair Employment Practices Act to have occurred upon receipt of written notice from the Fair Employment Practices Commission that it has (1) investigated and determined that Design Build Entity has violated the Fair Employment Practices Act, and (2) issued an order under the State of California Government Code Section 12970 or obtained an injunction under Government Code Section 12973 . . 3 Upon receipt of such written notice from the Fair Employment Practices Commission, City may notify Design Build Entity that, unless ft demonstrates to the satisfaction of City wfthin a stated period that the violation has been corrected, Design Build Entfty's Proposals on future projects will not be considered . . 4 Design Build Entity agrees that, should the City determine that Design Build Entity has not complied wfth this Article 14.1, Design Build Entfty shall forfeit to the City, as a penalty. for each day or portion thereof, for each person who was denied employment as a result of such norHXJmpliance Such penalty amounts may be recovered from Design Build Ent~y; and the C~y may deduct any such penalty amounts from the Contract Sum . . 5 Nothing contained in this Article 14.1 shall be construed in any manner so as to prevent the City from pursuing any other remedies that may be available at law. Page 55 of 58 General Conditions c Cl TY Of. CARLSBAD Alga Norte Community Park So/arPV Contract No. 38372 .6 Design Build Entity shall meet the following standards for compliance and provide the C~y with satisfactory evidence of such compliance upon the City's request, which shall be evaluated in each case by the City: .1 Design Build Entity shall notify ~s Superintendent and other supervisory personnel of the nondiscrimination requirements of the Contract Documents and their responsibiiHies thereto . . 2 Design Build Entity shall notify all sources of employee referrals (including unions, employment agencies, and the State of California Department of Employment) of the nondiscrimination requirements of the Contract Documents by sending to such sources and by posting the Notice of Equal Employment Opportunity (EEO) . . 3 Design Build Entity or its representative shall, through all unions with whom H may have agreements, develop agreements that (1) define responsibiltties for nondiscrimination in hiring, referrals, upgrading, and training and (2) implement an afformative nondiscrimination program, in terms of the unions' specific areas of skill and geography, such that qualified minortty women, non- minority women, and minortty men shall be available and given an equal opportunity for employment. .4 Design Build Entity shall notify the City of opposHion to the nondiscrimination requirements of the Contract Documents by individuals, firms, or organizations during the term of the Contract. . 7 During the performance of this contract, the recipient, Design Builder and tts subcontractors shall not deny the contract's benefits to any person on the basis of religion, color, ethnic group identification, sex, age, physical or mental disability. nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religion, color, national ortgin, ancestry, physical handicap, mental disabiltty, medical condHion. sexual orientation, marital status. age (over 40) or sex. Design Builder shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. Labor Code Section 1735 requires as follows: The Design Builder shall not discriminate in the employment of persons upon public works on any basis listed in subdivision (a) of Section 12g40 of the Government Code, as those bases are defined in Sections 12g25 and 12926.1 of the Goverrvnent Code, except as otherwise provided in Section 12940 of the Government Code. Every contractor for public works who violates this section is subject to all the penalties imposed for a violation of this chapter. A violation of any of the Fair Employment Practices requirements of this Contract or of the California Fair Employment Practices Act shall be regarded by the awarding authortty as a basis for determining the Design Builder to be not a "responsible "bidder"' as to future contracts for which such Design Builder may submtt bids, for revoking the Design Builder's pre-qualification rating, if any, and for refusing to establish, re-establish or renew a pre-qualifiCation rating for the Design Builder and any other contractual remedies and rights that may be available to the City to enforce compliance or penalize Design Builder for non-compliance. The Design Builder agrees, that should the awarding authority determine that the Design Builder has not complied with the Fair Employment Practices section of this Contract, then pursuant to Labor Code Sections 1735 and 1775, the Design Builder shall, as a penalty to the Awarding Authortty forfeit, for each calendar day, or por1ion thereof, for each person who was denied employment as a result of such non~mpliance, the penalties provided in the Labor Code for violation of prevailing wage rates. Such monies may be recovered from the Design Builder. The awarding authority may deduct any such damages from any monies due the Design Builder .8 Design Build Entity shall include the provisions of the foregoing Articles 14.1.3.2.1 through 14.1.3.2. 7 in all subcontracts with Subcontractors, so that such provisions will be binding upon each such Subcontractor. 14.2 NOT USED 2-15-12 Page 56 of 58 General Conditions Cl T Y Of. CARLSBAD 14.3 NOT USED 14.4 NOT USED 14.5 CONSTRUCTION WORK-DAY Alga Norte Community Park SolarPV Contract No. 38372 14.5.1 Design BuHd EntKy shall not permit any worker to labor more than 8 hours during any 1 day or more than 40 hours during any 1 calendar week, except as permitted by law and in such cases only upon such condKions as are provided by law. Design Build Entity shall forfeit to the City, as a penalty, $25 for each worker employed in the execution of this Contract by Design Build Entity, or any Subcontractor, for each day during which such worker is required or permitted to work more than 8 hours in any 1 day and 40 hours in any 1 calendar week in violation of the terms of this Article 14.5 or in violation of the provisions of any law of the State of California. Such forferure amounts may be deducted from the Contract Sum. Design Build EntKy and each Subcontractor shall keep, or cause to be kept, an accurate record showing the actual hours worked each day and each calendar week by each worker employed on the Project. which record shall be kept open at all reasonable hours to the inspection of the City, its offiCers and agents, and to the inspection of the appropriate enforcement agency of the State of California ARTICLE 15 MISCELLANEOUS PROVISIONS 15.1 GOVERNING LAW 15.1.1 This Contract shall be governed by the laws of the State of California. 15.2 SUCCESSORS AND ASSIGNS 15.2.1 The City and Design Build Entity respectively bind themselves and their successors, permitted assigns, and legal representatives to the other party and to the successors, permitted assigns, and legal representatives of such other party in respect to covenants, agreements, and obligations contained in the Contract Documents. Neither party to the Contract shall assign the Contract, in whole or in part, without prior written consent of the olher party. Notwithstanding any such assignment, each of the original contracting parties shall remain legally responsible for all of its obligations under the Contract. 15.3 RIGHTS AND REMEDIES 15.3.1 All City's rights and remedies under the Contract Documents will be cumulative and in addition to, and not in limitation of, all other rights and remedies of the City under the Contract Documents or otherwise available at law or in equity. 15.3.2 No action or failure to act by the CKy or City's Representative will constitute a waiver of a right afforded them under the Contract, nor will such action or failure to act constitute approval of or acquiescence in a condition or breach thereunder, except as may be specifiCally agreed in writing. No waiver by the City or City's Representative of any condition, breach or default will constKute a waiver of any other condition, breach or default; nor will any such waiver construte a continuing waiver. 15.3.3 No provision contained in the Contract Documents shall create or give to third parties any claim or right of action against the City, City's Representative, or Design Build Entity. 15.4 SURVIVAL 15.4.1 The provisions of the Contract which by their nature survive termination of the Contract or Final Completion. including all warranties. indemnities, payment obligations, and the City's right to audit Design Build Entity's books and records, shall remain in full force and effect after Final Completion or any termination of the Contract. 15.5 COMPLETE AGREEMENT 15.5.1 The Contract Documents constitute the full and complete understanding of the parties and supersede any previous agreements or understandings, oral or written, with respect to the subject matter hereof. The Contract may be modifoed only by a written instrument signed by both parties or as provided in Article 7 of the General Conditions. 2-15-12 Page 57 of 58 General Conditions ·...._...,. Cl TY OJ. CARLSBAD ~' ' ' 15.6 SEVERABILITY OF PROVISIONS Alga Norte Community Park So/arPV Contract No. 38372 15.6.1 If any one or more of the provisions contained in the Contract Documents should be invalid, Hlegal, or unenforceable in any respect, the validity, legality, and enforceabUity of the remaining provisions contained herein shall not in any way be affected or impaired thereby. 15.7 THE CITY'S RIGHT TO AUDIT 15. 7.1 The City and entities and agencies designated by the City will have access to and the right to audit and the right to copy at City's cost all of Design Build Entity's books, records, contracts, correspondence, instructions, drawings, receipts, vouchers, purchase orders, and memoranda relating to the Work. Design Build Entity shall preserve all such records and other items during the performance of the Contract and for a period of at least 3 years after Final Completion. 15.8 NOTICES 15.8.1 Except as otherwise provided, all notices, requests, demands, and other communications to be given under the Contract Documents shall be in writing and shall be transmitted by one of the following methods: . 1 Personally delivered . . 2 Sent by facsimile where receipt is confirmed . . 3 Sent by courier where receipt is confirmed . . 4 Sent by registered or certified maD, postage prepaid, return receipt requested. 15.8.2 Such notices and other communications in above Article 15.8.1 shall be deemed given and received upon actual receipt in the case of all except registered or certified mail; and in the case of registered or certified mail, on the date shown on the return receipt or the date delivery during normal business hours was attempted. Such notices and communications shall be given at the respective street addresses set forth in the Agreement. Such street addresses may be changed by notice given in accordance with this Article 15.8. 15.9 TIME OF THE ESSENCE 15.9.1 Time limits stated in the Contract Documents are of the essence of the Contract. 15.10 MUTUAL DUTY TO MITIGATE 15.10.1 The City and Design Build Entity shall use all reasonable and economically practicable efforts to mitigate delays and damages to the Project and to one another with respect to the Project, regardless of the cause of such delay or damage. 15.11 DESIGN BUILDER'S AWARENESS AND COMPLIANCE WITH ADA ACT OF 1990 AND RELATED STANDARDS 15.11.1 The Design Buildefs execution of the signature portion ofthe proposal shall constitute that the Design Builder is aware of the requirements of the Americans with Disabilities Act of 1990 (42 USC§§ 12101) and related accessibility standards and has complied with and will comply with these requirements, including, but not limited to verifying compliance of their contractors, consultants. agents and employees and constructing the project consistent with current accessibility statutes and regulations 15.11.2 The Design Builder shall be responsible to verify with the City that that all finished sidewalk, ramp, entry access grades, and travel paths strictly meet ADA requirements using a 2-foot long electronic "smart level" or other device acceptable to City. General "construction tolerances" are unacceptable. The above requirements shall supersede grades shown on plans. If these requirements cannot be met with the existing grades or other physical or practical limitations, Design Builder shall immediately notify City for direction before work takes place. Design Builder shall be responsible for the costs of any corrective work due to Design Builder's failure to meet these requirements. 15.11.3 The City of Carlsbad does not discriminate on the basis of handicapped status in the admission or access to, or treatment of, or employment in its programs or activities 2-15-12 Page 58 of 58 General Conditions ............. i~ CITY OF ~CARLSBAD CAt!fORNJA PRICING PROPOSAL FORM FOR ALGA NORTE COMMUNITY PARK PROJECT NO. 38372 & 39251 THE CITY OF CARLSBAD CARLSBAD, CALIFORNIA DATE PROPOSAL TO: THE CITY OF CARLSBAD Kevin Davis 1635 Faraday Carlsbad, CA 92008 (760} 4602-2466 PROPOSAL FROM: (Name of Firm Submitting Proposal) (Address) (City, State, Zip Code) (Telephone & Fax Number) (Date Submitted} Alga Norte Community Park Solar PV Project Project No. 38372 & 39251 Note: All portions of this Pricing Proposal Form must be completed and must include the signed Declaration on the last page of this form before the Proposal is submitted. Failure to execute the Declaration will result in the Proposal being rejected as nonresponsive. Date Page 1 of 5 Pricing Proposal Form \~, <..<~ CITY Of ~CARLSBAD 1.0 PROPOSER'S REPRESENTATIONS Alga Norte Community Park Solar PV Project Project No. 38372 & 39251 Proposer, represents that a) it has the appropriate active Contractor's license required by the State of California; b) it has carefully read and examined the Proposal Documents for the proposed Work on this Project; c) it has examined the site of the proposed Work and all information available to Prequalified Proposers; d) it has become familiar with all the conditions related to the proposed Work, including the availability of labor, materials, and equipment; e) that all information and submittals provided as part of the prequalification process are accurate and correct. Proposer hereby offers to furnish all labor, materials, equipment, tools, transportation, and services necessary to complete the proposed Work on this Project in accordance with the Contract Documents for the sums quoted. Proposer further agrees that it will not withdraw its Proposal within 45 days after the Proposal Deadline, and that, if it is selected as the apparent "best value" responsive and responsible Proposer, that it will, within 10 days after receipt of notice of selection, sign and deliver to City the Agreement in triplicate and furnish to City all items required by the Proposal Documents. If awarded the Contract, Proposer agrees to complete the proposed Work within the number of days specified in the Agreement. 2.0 ADDENDA Proposer acknowledges that it is Proposer's responsibility to ascertain whether any Addenda have been issued and if so, to obtain copies of such Addenda from City's facility at the appropriate address stated on Page 1 of this Price Proposal Form. Proposer therefore agrees to be bound by all Addenda that have been issued for this Proposal. 3.0 The Total Project Cost shall include all costs to complete the Work and shall include all allowances and any involuntary changes that impacts the Total Project Cost. The Total Project Cost shall NOT include any voluntary Project Enhancements/Innovations/Energy Efficiency Voluntary Alternatives submitted in the Proposal or any Alternatives defined herein. 4.0 PRICING PROPOSAL PRICING PROPOSAL TOTAL PROJECT COST = $XX,:XXX,:XXX $[0,1 I I l,l I I I* (Place figures in appropriate boxes.) Date Page 2 of 5 Pricing Proposal Form «~ CITY OF ~CARLSBAD CAlltORNlA Alga Norte Community Park Solar PV Project Project No. 38372 & 39251 5.0 DAILY RATE OF COMPENSATION FOR COMPENSABLE DELAYS-Phase 3 Proposer shall determine and provide in the space below, the daily rate of compensation for any compensable delay caused by City at any time during the performance of the Work: (Place Daily Rate in appropriate boxes.) City will perform the extension of the daily rate times the multiplier. The daily rate shown above will be the total amount of Proposer entitlement for each day of compensable delay. The number of days of compensable delay shown as a "multiplier" above is not intended as an estimate of the number of days of compensable delay anticipated by the City. The City will pay the daily rate of compensation only for the actual number of days of compensable delay, as defined in the General Conditions; the actual number of days of compensable delay may be greater or lesser than the "multiplier" shown above. 6.0 ALTERNATIVES Provide all design, engineering, coordination, labor, materials, equipment, accessories, and Design Build Entity and subcontractor overhead, mark-up, and profit required for the following Alternates. Indicate by marking only one of the three boxes {"Add", "Deduct", or "No Change") and state the amount by placing figures in the corresponding boxes. Check the "No Change" box when there is no change in the Pricing Proposal. Failure to quote an amount or check "No Change" or the insertion of any words that qualify the Price Proposal will result in the Proposal being rejected as nonresponsive. No extension of time will be granted if the Alternate is accepted. Alternate No. 1 -$ D I I I I I I I I QAdd ' ' Q Deduct Substitute natural grass baseball (Place figures in appropriate boxes.) Q No Change fields with Synthetic Turf, as defined in the, City Provided Information, City reserves the right to accept this alternate Design Change Narrative. concurrent with the Notice to Proceed for Phase 1 . Date Page 3 of 5 Pricing Proposal Form <<~ CITY OF ~CARLSBAD (AilfORN!A. 7.0 PROPOSER INFORMATION TYPE OF ORGANIZATION: Alga Norte Community Park Solar PV Project Project No. 38372 & 39251 (Corporation, Partnership, Individual, Joint Venture, etc.) IF A CORPORATION. THE CORPORATION IS ORGANIZED UNDER THE LAWS OF: THE STATE OF ______________________ __ (State) NAME OF PRESIDENT OF THE CORPORATION: (Insert Name) NAME OF SECRETARY OF THE CORPORATION: (Insert Name) IF A PARTNERSHIP. NAMES AND TITLES OF PERSONS SIGNING THE BID ON BEHALF OF PROPOSER AND ALL GENERAL PARTNERS: PERSONS SIGNING THE BID ON BEHALF OF PROPOSER: (Insert Name and Title) GENERAL PARTNERS: (Insert Names) (Insert Names-continued) CALIFORNIA CONTRACTORS LICENSE(S): (Name of Licensee) (Classification) (License Number) (Expiration Date) (For Joint Venture, list Joint Venture's license and licenses for all Joint Venture partners.) Date Page 4 of 5 Pricing Proposal Form ~~ CITY OF ~CARLSBAD CAlifORNIA 8.0 REQUIRED COMPLETED ATTACHMENTS Alga Norte Community Park Solar PV Project Project No. 38372 & 39251 The following documents are submitted with and made a condition of this Proposal: 1. Proposal security in the form of ----------------- (Bid Bond or Certified Check) 9.0 DECLARATION I,---------------(Printed name), hereby declare that I am the --------------(Title) of _______________ _ (Name of Proposer) submitting this Price Proposal Form; that I am duly authorized to execute this Price Proposal Form on behalf of Proposer; and that all information set forth in this Price Proposal Form and all attachments hereto are, to the best of my knowledge, true, accurate, and complete as of its submission date. I declare, under penalty of perjury, that the foregoing is true and correct and that this declaration was subscribed at: (Location and city), County of ___________ , State of ___________ , on _______ (Date). (Signature) Date Page 5 of 5 Pricing Proposal Form CITY Of CARLSBAD BID SECURITY FORM (Check to Accompany Bid) (NOTE: The following form shall be used if check accompanies bid.) Alga Norte Community Park Solar PV Project Project No. 38372 & 39251 Accompanying this proposal is a *Certified *Cashiers check payable to the order of CITY OF CARLSBAD, in the sum of _______________________ _ _____________________ dollars($ , this amount being ten percent (1 0%) of the total amount of the bid. The proceeds of this check shall become the property of the City provided this proposal shall be accepted by the City through action of its legally constituted contracting authorities and the undersigned shall fail to execute a contract and furnish the required Performance, Warranty and Payment Bonds and proof of insurance coverage within the stipulated time; otherwise, the check shall be returned to the undersigned. The proceeds of this check shall also become the property of the City if the undersigned shall withdraw his or her bid within the period of fifteen (15) days after the date set for the opening thereof, unless otherwise required by law, and notwithstanding the award of the contract to another bidder. BIDDER *Delete the inapplicable word. (NOTE: If the Bidder desires to use a bond instead of check, the Bid Bond form on the following pages shall be executed- -the sum of this bond shall be not less than ten percent (10%) of the total amount of the bid.) ~~ ,,.... CITY Of ·.~CARLSBAD Alga Norte Community Park Solar PV Project Project No. 38372 & 39251 BIDDER'S BOND TO ACCOMPANY PROPOSAL KNOW ALL PERSONS BY THESE PRESENTS: That we, , as Principal, and , as Surety are held and firmly bound unto the City of Carlsbad, California, in an amount as follows: (must be at least ten percent (10%) of the bid amount) for which payment, well and truly made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above-bounden Principal for: ALGA NORTE COMMUNITY PARK SOLAR PV PROJECT CONTRACT NO. ___ _ in the City of Carlsbad, is accepted by the City Council, and if the Principal shall duly enter into and execute a Contract including required bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, being duly notified of said award, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect, and the amount specified herein shall be forfeited to the said City. In the event Principal executed this bond as an individual, it is agreed that the death of Principal shall .,.., · not exonerate the Surety from its obligations under this bond. Executed by PRINCIPAL this ____ day of _________ , 20 __ PRINCIPAL: (name of Principal) By: --------------------(sign here) (print name here) (Title and Organization of Signatory) By: ---------------------------(sign here) (print name here) (title and organization of signatory) Executed by SURETY this _____ day of ,20 __ SURETY: (name of Surety) (address of Surety) (telephone number of Surety) By: ---------------------(signature of Attorney-in-Fact) (printed name of Attorney-in-Fact) -\_(~ CITY OF ~CARLSBAD (Attach corporate resolution showing current power of attorney.) Alga Norte Community Park Project No. 38372 & 39251 (Proper notarial acknowledgment of execution by PRINCIPAL and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney By: ______________________________________ ___ Deputy City Attorney Date Page 3 of 3 Request for Proposal ( ~ -l~ ~ CITY OF CARLSBAD '.... ·\ i_ ~ "1 /\ f < ( , Alga Norte Community Park SolarPV Contract No. 38372 VOLUNTARY AND INVOLUNTARY CHANGES/ENHANCEMENTS FORM {To be used with TAB 3 Technical Proposal response) ITEM IMPACT OR EFFECT NUMBER ITEM DESCRIPTION DESCRIPTIVE DETAILS ON PROJECT DESIGN ORCOST(1) (1) Voluntary changes that increase the Project Cost WILL NOT be added to the total cost to determine "Best Value" 2-15-12 Technical Proposal Design Changes Substitutions -Not Voluntary Form () I ,(~ CITY OF ~CARLSBAD .: i\ ;_ '<"' .\, NOT VOLUNTARY DESIGN CHANGES/SUBSTITUTIONS FORM (To be used with TAB 4 Technical Proposal response) ITEM ITEM DESCRIPTION DESCRIPTIVE DETAILS NUMBER .. () Alga Norte Community Park Solar PV Contract No. 38372 IMPACT OR EFFECT ON PROJECT DESIGN O~_COST (1) (1) Not Voluntary changes that increase the project cost WILL BE added to the project cost to determine "Best Value" 2-15-12 Technical Proposal Design Changes Substitutions -Not Voluntary Form From: Date: CITY OF CARLSBAD Alga Norte Community Park Solar PV Project Request for Technical and Pricing Proposals Project No. 39251 Addendum No. 1 Patrick McGarry, Civic Projects Manager Phone: (760) 434-2949 Email: Patrick.mcgarry@carlsbadca.gov October 23, 2013 Proposal Due Date: November 21, 2013; 2:00pm REVISIONS TO DOCUMENTS: The following clarifications and additions shall be made a part of the Request for Proposals for the Alga Norte Community Park Solar PV Project: 1. For all references to the requirements for an A AND B GC License, this is changed to an A OR B license. 2. The Document titled "02 Appendix A Rating Eval Proced" has been replaced with the Document titled "02 Appendix A Rating Eval Proced rev1 ". The changes to this document include: a. a revision to the header to reflect the correct project number. b. a change to the EMR history from 10 years to 5 c. a revision to the NPV score from 100 points to 300 points 3. Clarification to Document 01 Technical and Pricing Proposal; The existing SWPPP will likely be terminated prior to construction of the solar array. This project will not require a separate SWPP Permit, however, Best Management Practices will be required to ensure no sediment of construction debris is allowed to enter the storm sewer. 4. The Document titled "07 Exhibit C Evaluation Score Sheet" has been replaced with the Document titled "07 Exhibit C Evaluation Score Sheet rev 1. The changes to this document include: a. a deletion of a subjective score value of 6 for Staff rating b. changed the requirement for an A and B license to A or B license 5. The proposer should include the excel files for Documents 06 and 07 in the electronic submission. Do not convert the file to a PDF. 6. The Warranty score will not be based solely on the duration. The terms and conditions of the Warranty will also be evaluated and scored. The firm with the best duration and terms will receive the highest score. 7. The solar array may be mono-crystalline or multi-crystalline. 8. Inverters can be placed inside the solar array structure, at the ends of the solar array (protected by a fence) or located in an adjacent room to the main switchgear (approximately End 1 0' of wall space, 12' high). The adjacent room space is located on the opposite wall, conduit connections will be required. You must tell us how you will locate and shroud the inverters. 9. A site visit is available to any bidder on Thursday Oct 24th at 8am or Friday, Oct. 25th at 8am. Please make arrangements with Patrick McGarry to attend. This is not mandatory. 10. A sign in sheet for the Mandatory Conference will be uploaded to the City's website. 2 of2 -. ....._, From: Date: CITY OF CARLSBAD Alga Norte Community Park Solar PV Project Request for Technical and Pricing Proposals Project No. 39251 Addendum No. 2 Patrick McGarry, Civic Projects Manager Phone: (760) 434-2949 Email: Patrick.mcgarry@carlsbadca.gov November 5, 2013 Proposal Due Date: November 21, 2013; 2:00pm REVISIONS TO DOCUMENTS: The following clarifications and additions shall be made a part of the Request for Proposals for the Alga Norte Community Park Solar PV Project: 1. License requirements for the Solar PV supplier is changed from "C-46 and C-1 0" to "C-1 0 and may also include a C-46" license. 2. The Key Subcontractor information for the Solar PV and Shade Structures are intended for the manufacturer of these items, and can also include the installer. Clarify your response to identify if the Key Subcontractor is the manufacturer and installer, or just the manufacturer. The License of the installer will be required. If this work is self-performed by the Design/Builder, you are still required to populate the requested information. 3. Exhibit C-Evaluation Score Sheet, Key Staff Matrix section; the Principal in Charge is intended to be the person representing the Design/Build Entity, not any Key Subcontractor. 4. The EMR rating for the last 5 years is intended to be the EMR rating of the Design/Build Entity, not for any of the Key Subcontractors. 5. The time to complete the design and construction ofthe project is 6 months. The draft Design/Build Contract will be changed to reflect this, prior to execution. 6. Our team has developed an alternate design for this project. Should alternates and/or design enhancements be submitted within one proposal or should design build teams submit one base proposal and a separate proposal for the alternate? ANSWER: You are invited to submit mandatory or voluntary alternatives in your proposal. You must respond to the RFP as provided. A voluntary alternative as you propose would be considered, but not scored. Costs for mandatory alternatives must be included in your bid; costs for voluntary alternatives must not be included in your bid. 7. The modules we may be proposing produce more energy than what is modeled using the CSI EPBB calculator. Is it acceptable to submit both the EPBB results as well as results from an alternate industry-accepted simulation model that accurately demonstrates the specific characteristics of the module? c ANSWER: You must use the energy produced using the EPBB calculator in your spreadsheet and RFP response, this calculator allows for PBI option for larger sized arrays, and is acceptable. You may also submit a voluntary alternative using other calculators. 8. Clarification to SCADA system integration is as follows: a. The existing electrical service to panels that serve the AL TOU meter have Web- Mon™ (www.emon.com) Class 2000 web-enabled monitoring devices that measure and log electrical consumption. The information is uploaded to a website where the City can access our real time consumption and our additive consumption. The City requires that the Solar PV production be tracked in a similar fashion and will communicate with our the Web-Mon system. b. An ALLOWANCE of$15,000 will be required to be included in your proposal for the hardware, software, and programming for this to be accomplished. Reference the Design/Build Contract for the terms and conditions for Allowances. 9. Appendix C Tech-Pricing Proposal Submittal Requirements refers to a Pricing Proposal Spreadsheet. We did not use a Pricing Proposal Spreadsheet for this project. Your submission does not require this document. 10. Exhibit G, Pricing Proposal Form, includes a reference to Alternate #1. This project does not have any City defined Alternates. 11. The Polygon shade structure used in the park and referenced in the RFP as a standard includes a finish on the steel structure that is defined as follows: POLI-5000® The Most Durable Frame Finish Available Poli-5000 is a completely in-house process, performed and overseen by Porter corp. Steps include: • Eight -direction shot blasting of steel to near white condition • Wash and iron phosphate treatment •Special epoxy primer powder coat base •Super Durable TGIC powder top coat • Baking and curing • Inspection and packaging Why Poli-5000? •Superior performance results over traditional powder coat •Reduced overall cost and a better finish than field painting over factory applied red oxide pnmers •No VOC's with Poli-5000 •More environmentally friendly than liquid paint, ecoat primer, and zinc rich primer systems •Reliable in-house inspection of all parts •Upgrade from 'standard' to Super Durable TGIC provides superior color and gloss retention as well as corrosion resistance •No need for clear top coats (that make touch-up blotchy) when using Super Durable TGIC • Large offering of 24 standard smooth colors and 10 textured colors 2 of2