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International Computing Systems Inc; 2014-12-19; PWS15-38PEM
CITY OF CARLSBAD San Diego County Califomia CONTRACT DOCUMENTS, GENERAL PROVISIONS, SUPPLEMENTAL PROVISIONS, AND TECHNICAL SPECIFICATIONS FOR TAMARACK-FRAZEE BEACH RESTROOM MAINTENANCE CONTRACT NO. 45091 BID NO. PWS15-38PEM 3. Revised 1/30/13 Contract No. 45091 Page 1 of 155 Pages TABLE OF CONTENTS Item Paqe Notice Inviting Bids 1 Contractor's Proposal 12 Bid Security Forni 19 Bidder's Bond to Accompany Proposal 20 Guide for Completing the "Designation Of Subcontractors" Form 22 Designation of Subcontractor and Amount of Subcontractor's Bid Items 24 Bidder's Statement of Technical Ability and Experience 25 Bidder's Certificate of Insurance for General Liability, Employers' Liability, Automotive Liability and Workers' Compensation 26 Bidder's Statement Re Debarment 27 Bidder's Disclosure of Discipline Record 28 Noncollusion Declaration to Be Executed by Bidder and Submitted with Bid 30 Contract Public Works 31 Labor and Materials Bond 37 Faithful Perfomnance/Warranty Bond 39 Optional Escrow Agreement for Surety Deposits in Lieu of Retention 41 GENERAL PROVISIONS Section 1 Terms, Definitions Abbreviations and Symbols 1-1 Temns 44 1 -2 Definitions 45 1-3 Abbreviations 50 1 -4 Units of Measure 53 1- 5 Symbols 54 Section 2 Scope and Control of The Work 2- 1 Award and Execution of Contract 55 2-2 Assignment 55 2-3 Subcontracts 55 2-4 Contract Bonds 56 .3. Revised 1/30/13 Gontract No. 45091 Page 2 of 155 Pages 2-5 2-6 2-7 2-8 2-9 2-10 2- 11 Section 3 3- 1 3-2 3-3 3-4 3- 5 Section 4 4- 1 4- 2 Section 5 5- 1 5-2 5-3 5-4 5-5 5- 6 Section 6 6- 1 6-2 6-3 6-4 6-5 6-6 6-7 6-8 6-9 6- 10 Section 7 7- 1 7-2 7-3 7-4 7-5 7-6 7-7 7-8 7-9 -10 -11 -12 -13 7- 7- 7- 7- 7-14 Plans and Specifications 58 Work to be Done 61 Subsurface Data 61 Right-of-Way 61 Surveying 62 Authority of Board and Engineer 66 Inspection 66 Changes in Work Changes Requested by the Contractor 67 Changes Initiated by the Agency 67 Extra Work 68 Changed Conditions 71 Disputed Work 72 Control of Materials Materials and Workmanship 76 Materials Transportation, Handling and Storage 80 Utilities Location 81 Protection 81 Removal 82 Relocation 82 Delays 83 Cooperation 83 Prosecution, Progress and Acceptance of the Work Construction Schedule and Commencement of Work 84 Prosecution of Work 88 Suspension of Work 89 Default by Contractor 90 Termination of Contract 90 Delays and Extensions of Time 91 Time of Completion 92 Completion, Acceptance, and Warranty 93 Liquidated Damages 94 Use of Improvement During Construction 94 Responsibilities of the Contractor Contractor's Equipment and Facilities 95 Labor 95 Liability Insurance 95 Workers' Compensation Insurance 95 Permits 96 The Contractor's Representative 96 Cooperation and Collateral Work 96 Project Site Maintenance 97 Protection and Restoration of Existing Improvements 99 Public Convenience and Safety 99 Patent Fees or Royalties 105 Advertising 106 Laws to be Obsen/ed 106 Antitrust Claims 106 .3. V Revised 1/30/13 Contract No. 45091 Page 3 of 155 Pages Section 9 Measurement and Payment 9-1 Measurement of Quantities for Unit Price Work 107 9-2 Lump Sum Work 107 9-3 Payment 107 9-4 Bid Items 111 SUPPLEMENTAL PROVISIONS TO PART 2, 3 AND 6 OF THE SSPWC Part 2 Construction Materials Section 200 Rock Materials 200-1 Rock Products 112 200- 2 Untreated Base Materials 113 Section 201 Concrete, Mortar and Related Materials 201- 1 PortlandCementConcrete 114 201 -3 Expansion Joint Filler and Joint Sealants 116 Section 207 Pipes 207-2 Reinforced Concrete Pipe 116 207-9 Iron Pipe and Fittings 116 207-25 Underground Utility Marking Tape 117 Section 210 Paint and Protective Coatings 210-1 Paint 118 Section 213 Engineering Fabrics 213-2 Geotextiles 118 213-3 Erosion Control Specialties 119 Section 215 Fencing 215-1 Environmental Fencing 119 PARTS Construction Methods Section 300 Earthwork 300-1 Clearing and Grubbing 120 300-2 Unclassified Excavation 120 300-3 Structure Excavation and Backfill 122 300-4 Unclassified Fill 122 300-5 Borrow Excavation 123 300-9 Geotextiles for Erosion Control and Water Pollution Control 123 300- 13 Storm Water Pollution Prevention Plan 124 Section 301 Treated Soil, Subgrade Preparation and Placement of Base Materials 301- 1 Subgrade Preparation 127 Section 303 Concrete and Masonry Construction. 303-1 Concrete Structures 127 303-5 Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersections, Access Ramps, And Driveways 127 .3. Revised 1/30/13 Contract No. 45091 Page 4 of 155 Pages V.,, Section 304 Metal Fabrication and Construction 304-3 Chain Link Fence 128 Section 306 Underground Conduit Construction 306-1 Open Trench Operations 128 306-5 Abandonment of Conduits and Structures 128 Section 310 Painting 310-5 Painting Various Surfaces 129 Section 313 Temporary Traffic Control Devices 313-1 Temporary Traffic Pavement Markers 129 313-2 Temporary Traffic Signing 129 313-3 Temporary Railing (Type K) and Crash Cushions 129 .3. V Revised 1/30/13 Contract No. 45091 Page 5 of 155 Pages TECHNICAL SPECIFICATIONS Division 1 General Requirements 130 Division 2 Demolition (REFERENCE DRAWINGS) Division 3 Concrete 142 Division 4 Masonry 145 Division 5 Metals 147 Division 6 Wood, Plastics, and Composites 147 Division 7 Thermal and Moisture Protection 147 Division 9 Finishes 147 Division 10 Specialties 151 Division 15 Thermal and Moisture Protection 155 Division 16 Electrical (NOT IN CONTRACT) 155 .3. Revised 1/30/13 Contract No. 45091 Page 6 of 155 Pages CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS UNTIL 2:00 PM ON NOVEMBER 12,2014, the City shall accept sealed bids, clearly marked as such, at the Faraday Center, 1635 FaradayAvenue, Carlsbad, CA 92008-7314, Attn: Purchasing Officer, by mail, delivery service or by deposit in the Bid Box located in the first floor lobby, at which time they will be opened and read, for perfomning the work as follows: Tamarack Beach bathroom renovation: a complete renovation ofthe interior and exterior of the existing bathroom facility. TAMARACK-FRAZEE BEACH BLUFF RESTROOM MAINTENANCE CONTRACT NO. 45091 BID NO. PWS15-38PEM INSTRUCTIONS TO BIDDERS AND BID REQUIREMENTS This bid and the terms of the Contract Documents and General Provisions constitute an irrevocable offer that shall remain valid and in full force for a period of 90 days and such additional time as may be mutually agreed upon by the City of Carlsbad and the Bidder. No bid will be received unless it is made on a proposal form fumished by the Purchasing Department. Each bid must be accompanied by security in a form and amount required by law. The bidder's security of the second and third next lowest responsive bidders may be withheld until the Contract has been fully executed. The security submitted by all other unsuccessful bidders shall be retumed to them, or deemed void, within ten (10) days after the Contract is awarded. Pursuant to the provisions of law (Public Contract Code section 10263), appropriate securities may be substituted for any obligation required by this notice or for any monies withheld by the City to ensure performance under this Con- tract. Section 10263 of the Public Contract Code requires monies or securities to be deposited with the City or a state or federally chartered bank in California as the escrow agent. The escrow agent shall maintain insurance to cover negligent acts and omissions of the agent in connection with the handling of retentions under this section in an amount not less than $100,000 per contract. The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidding when a contractor or subcontractor has been deban-ed by the City of Carlsbad or another jurisdiction in the State of California as an irresponsible bidder. The work shall be performed in strict conformity with the plans, provisions, and specifications as ap- proved by the City Council of the City of Carlsbad on file with the Engineering Department. The spec- ifications for the work include City of Carisbad Technical Specifications and the Standard Specifica- tions for Public Works Construction. Parts 2 & 3, current edition at time of bid opening and the sup- plements thereto as published by the "Greenbook" Committee of Public Works Standards, Inc. all hereinafter designated "SSPWC", as amended. Specification Reference is hereby made to the plans and specifications for full particulars and description of the woric. The General Provisions (Part 1) to the SSPWC do not apply. V .3. Revised 1/30/13 Contract No. 45091 Page 7 of 155 Pages The City of Carisbad encourages the participation of minority and women-owned businesses. The City of Carisbad encourages all bidders, suppliers, manufacturers, fabricators and contractors to utilize recycled and recyclable materials when available, appropriate and approved by the Engineer. BID DOCUMENTS The bid documents comprise the following documents which must be completed and property exe- cuted including notarization, where indicated. 1. Contractor's Proposal 2. Bidder's Bond 3. Noncollusion Declaration 4. Designation of Subcontractor and Amount of Subcontractor's Bid 5. Bidder's Statement of Technical Ability and Experience 6. Acknowledgement of Addendum(a) 7. Certificate of Insurance. The riders covering the City, its officials, employees and volunteers may be omitted at the time of bid submittal but shall be provided by the Bidder prior to award of this contract. 8. Bidder's Statement Re Debarment 9. Bidder's Disclosure Of Discipline Record 10. Escrow Agreement for Security Deposits - (optional, must be completed if the Bidder wishes to use the Escrow Agreement for Security) ENGINEER'S ESTIMATE: All bids will be compared on the basis of the Engineer's Estimate. The estimated quantities are ap- proximate and serve solely as a basis for the comparison of bids. The Engineer's Estimate is $120,000. TIME OF COMPLETION: The contractor shall complete the Work within the time set in the contract as defined in the General Provisions Section 6-7. SPECIALTY CONTRACTORS: ACCEPTABLE LICENSE TYPES Except as provided herein a bid submitted to the City by a Contractor who is not licensed as a con- tractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City. In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. Where federal funds are involved the contractor shall be properiy licensed at the time the contract is awarded. In all other cases the contractor shall state their license number, expiration date and classification in the proposal, under penalty of perjury. This invitation to bid does not involve federal funds. The following classifications are acceptable for this contract: B ESCROW AGREEMENT If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of the usual 5% retention from each payment, these documents must be completed and submitted with the signed contract. The escrow agreement may not be substituted at a later date. OBTAINING PLANS AND SPECIFICATIONS Sets of plans, various supplemental provisions, and Contract documents may be obtained at the Cash- ier's Counter of the Faraday Center located at 1635 Faraday Avenue, Carisbad, California 92008- 7314, for a non-refundable fee of $30.00_per set. If plans and specifications are to be mailed, the cost for postage shouid be added. Electronic Copies of the Plans and Specifications can be downloaded from the City of Carisbad web site (www.carisbadca.gov). .3. Revised 1/30/13 Contract No. 45091 Page 8 of 155 Pages INTENT OF PLANS AND SPECIFICATIONS Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings, spec- ifications or other contract documents, or finds discrepancies in or omissions from the drawings and specifications may submit to the Engineer a written request for clarification or connection. Any response will be made only by a written addendum duly issued by the Engineer a copy of which will be mailed or delivered to each person receiving a set of the contract documents. No oral response will be made to such inquiry. Prior to the award of the contract, no addition to, modification of or interpreta- tion of any provision in the contract documents will be given by any agent, employee or con- tractor of the City of Carlsbad except as hereinbefore specified. No bidder may rely on direc- tions given by any agent, employee or contractor ofthe City of Carlsbad except as hereinbefore specified. REJECTION OF BIDS The City of Carisbad reserves the right to reject any or all bids and to waive any minor in-egularity or informality in such bids. THE PAYMENT OF PREVAILING WAGES IS NOT REQUIRED The City of Carisbad is a Charter City. Carisbad Municipal Code Section 3.28.130 supersedes the provisions of the Califomia Labor Code when the public work is not a statewide concem. The City Council has determined that it is not in the best interest ofthe city to require the payment of prevailing wages for this project. Payment of prevailing wages is at contractor's discretion. PRE BID MEETING A mandatorv pre-bid meeting and tour of the project site will be held at 12:00 PM, October 21, 2014 at the Tamarack Beach Bathroom (Corner of Tamarack and Carlsbad Blvd.) UNIT PRICES AND COMPUTATION OF BIDS All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this proposal, times the unit price as submitted by the bidder, in case of a discrepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or written in with ink and must be initialed in ink by a person authorized to sign for the Contractor. ADDENDUMS Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid. .3. Revised 1/30/13 Contract No. 45091 Page 9 of 155 Pages BOND AND INSURANCE REQUIREMENTS The Contractor shall provide bonds to secure faithful perfomnance and warranty of the wori< in an amount equal to one hundred percent (100%) of the Contract price on this project. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to one hundred percent (100%) of the total amount payable by the terms of the contract. These bonds shall be kept in full force and effect during the course of this project, and shall extend in full force and effect and be retained by the City until they are released as stated in the General Provisions section of this contract. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to be accompanied by the following documents: 1) An original, or a certified copy, ofthe unrevoked appointment, power of attomey, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the City may require copies of the insurer's most recent annual statement and quarteriy statement filed with the Department of Insurance pursuant to Article 10 (commencing with section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar days of the insurer's receipt of a request to submit the statements. Insurance is to be placed with insurers that: 1) Have a rating in the most recent Best's Key Rating Guide of at least A-:VII 2) Are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner. Auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated above for all insurance companies. 2) Cover anv vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. Woricers' compensation insurance required underthis contract must be offered by a company meeting the above standards with the exception that the Best's rating condition is waived. The City does accept policies issued by the State Compensation Fund meeting the requirement for workers' compensation insurance. The Contractor shall be required to maintain insurance as specified in the Contract. Any additional cost of said insurance shall be included in the bid price. The award ofthe contract by the City Council is contingent upon the Contractor submitting the required bonds and insurance, as described in the contract, within twenty days of bid opening. Ifthe Contractor fails to comply with these requirements, the City may award the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. BUSINESS UCENSE The prime contractor and ali subcontractors are required to have and maintain a valid City of Carisbad Business License for the duration of the contract. October 21, 2014 Date ^Deputy City Clerl 3. Revised 1/30/13 Contract No. 45091 Page 10 of 155 Pages CITY OF CARLSBAD TAMARACK/FRAZEE BEACH BLUFF MAINTENANCE CONTRACT NO. 45091 CONTRACTOR City Council City of Carisbad 1200 Carisbad Village Drive Carlsbad, California 92008 ^Siffi^^S^lfesED AMD RECORDED: DA7 The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans, Specifications, General Provisions, Contract Documents, and ad- denda thereto, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work to complete Contract No. 45091 in accordance with the Plans, Specifications, General Provisions, Contract Documents, and addenda thereto and that he/she will take in full payment therefore the following unit prices for each item complete, to wit: SCHEDULE "A" BATHROOM RENOVATION Description A-1 Mobilization, at MDDiiizatior^at / (Price in Words) A-2 General Requirernepts / (Price in Words) ' A-3 Derpolition / / (Unit Price in Words) A-4 Sjriej/valk AdditioK / (Price in Words) Approximate Quantity And Unit Notto Exceed $15,000 LS LS LS Unit Price (Figures) Total Amount (Figures) .3.^^ Revised 1/30/13 Contract No. 45091 Page 11 of. 155 Pages A-5 Exterior Shower Pad as Shown on the Plans (Price in Words) A-6 Masonry Repairs (Unit Price in Words) A-7 Cajfpentry Repairs LS LS LS (Unit it Pnce in Wore ords) A-8 Roof and Skylight Replace- ment . / (Unit Price in Words) A-9 Painting i LS LS (Unit Price in Words) A-10 Epoxy Fiooring System 500 SF Appx. 4^ (Unit Price in Words) Interior P A-11 Interior Plumbing , j LS (Unit Price in Words) A-12 Metal jl Doors . J !c2 ^''f^'S*'-^ LS (Unit Price in Words) A-13 Tdlet Partitions/ (Unit Price in Words) LS / $ 6 4 ti(p^ $ $ kr, $ 0^ cn^ $ $ 9.^-^ 3. Revised 1/30/13 Contract No. 45091 Page 12 of 155 Pages Total amoijnt of bid ip words for Schedule "IKy. . , . / Total amount of bid in numbers for Schedule "A": $ The basis of award will be the sum of Schedule "A" and "B" unless bids for Schedule "B" are rejected, in which case the basis of award will be Schedule "A" only. Price(s) given above are firm for 90 days after date of bid opening. Addendum(a) No(s). has/have been received and is/are included in this pro- posal. 3. ^¥ Revised 1/30/13 Contract No. 45091 Page 13 of 155 Pages The Undersigned has carefully checked all ofthe above figures and understands that the City will not be responsible for any error or omission on the part of the Undersigned in preparing this bid. The Undersigned agrees that in case of default in executing the required Contract with necessary bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carisbad, the City may administratively authorize award of the contract to the second or third lowest bidder and the bid security of the lowest bidder may be foriieited. The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do business or act in the capacity of a contractor within the State of California, validly licensed under license nuniber <^<^>mp^ , classification <& which expires on ISl , and that this statement is true and corect and has the legal effect of an J nuniber it 7 affidavit A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City § 7028.15(e). In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with Califomia law. However, at the time the contract is awarded, the contractor shall be properly licensed. The Undersigned bidder hereby represents as follows: 1. That no Council member, officer agent, or employee of the City of Carisbad is personally inter- ested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no repre- sentation, oral or in writing, ofthe City Council, its officers, agents, or employees has inducted him/her to enter into this Contract, excepting only those contained in this form of Contract and the papers made a part hereof by its terms; and 2. That this bid is made without connection with any person, fimn, or corporation making a bid for the same woric, and is in all respects fair and without collusion or fraud. Accompanying this proposal is IScKfP (Cash, Certified Check, eon^or Cashier's Check) for ten percent (10%) of the amount bid. - /~ The Undersigned is aware of the provisions of section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and agrees to comply with such provisions before com- mencing the performance of the work of this Contract and continue to comply until the contract is complete. S.^'*^ Revised 1/30/13 Contract No. 45091 Page 14 of 155 Pages ;^heck A License - License Detail - Contractors State License Board Page 1 ofI Contractor's License Detail for License # 987805 DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations. CSLB complaint disclosure is restricted by law (B&P 7124.6) If this entity is subject to public complaint disclosure, a linl< for complaint disclosure will appear below. Click on the link or button to obtain complaint and/or legal action infbnnatlon. Per B&P 7071.17 , only constaiction related civil judgments reported to the CSLB are disclosed. Arbitrations are not listed unless the contractor fails to comply with the terms of the artitnation. Due to workload, there may be relevant information that has not yet been entered onto the Board's license database. Business Information INTERNATIONAL COMPUTING SYSTEMS INCORPORATED 524 W COMMONWEALTH AVE FULLERTON, CA 92832 Business Phone Number:(213) 228-3411 Entity Corporation Issue Date 10/21/2013 Expire Date 10/31/2015 License Status [This license is current and active. All information below should be reviewed. Additionai Status The license may be suspended at a future date ifthe qualifying person is not replaced by 12/03/2014. Classifications IB - GENERAL BUILDING CONTRACTOR Bonding Information Contractor's Bond this license filed a Contractor's Bond with AMERICAN CONTRACTORS INDEMNITY COMPANY. Bond Number 100233401 Bond Amount: $12,500 Effective Date: 10/15/2013 Bond of Qualifying Individual he Responsible Managing Officer (RMO) KIM JOO WOON certified that he/she owns 10 percent or more ofthe voting stock/equity if the corporation. A bond of qualifying individual is not required. Effective Date: 10/22/2014 Workers' Compensation This license is exempt from having workers compensation insurance; they certified that they have no employees at this time. Effective Date: 10/11/2013 Expire Date: None Other ittps://www2.cslb.ca.gov/onlineservices/checklicenseII/LicenseDetail.aspx?LicNum=987805 11/14/201^ IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: (1) Name under which business is conducted (2) Signature (given and surname) of proprietor (3) Place of Business (Street and Number) City and State (4) Zip Code Telephone No. (5) E-Mail IF A PARTNERSHIP. SIGN HERE: (1) Name under which business is conducted. (2) Signature (given and sumame and character of partner) (Note: Signature must be made by a general partner) (3) Place of Business (Street and Number) City and State. (4) Zip Code Telephone No. (5) E-Mail V Revised 1/30/13 Contract No. 45091 Page 15 of 155 Pages IF A CORPORATION. SIGN HERE: (1) Name under which business is conducted iT'^S . (A^C^ (2), fure) (Title) Impress Corporate Seal here (3) Incorporated under the laws of the State of cA (4) Place of Business vd . Ccnr)mcni\sva4iMi fiip^ (Street and Number) City and State f^i/A^Ji^trA / rA c[<TJh^^ (5) Zip Code cA Telephone No. ^/»^-z^^ (6) E-Mail g^gjt^j . >^Tm@ jc^cor^uSLtm^ , /. t'imi<»^ Ic^cvrnMi^ NOTARIAL ACKNOWLEDGIWENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED S.^'N^ Revised 1/30/13 Contract No. 45091 Page 16 of 155 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIViL CODE §1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of CPrrAi)C\Q^ ) On Date personally appeared before me, 1 ^^M. H h^^J^^f ,)OoWruPzAjd/iC Here Insert Name and Title bf4ab Officer Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person^ whose namefi^ is/acp subscribed to the within instrument and acknowledged to me that he/3he/they executed the same in his/hiec^their authorized capacity(ie^^nd that by his/hei/U istf signature(4jon the instrument the person(^ or the entity upon behalf of which the personfs).acted, executed the instrument. mm* I * ^ * »^ 35591 L TODO F. JACK Commission # 1985591 Notary Public - California 1 Orange Gounty g My Comm. Expires Jul 20, 20161 ^ w m 9 m m 9 m m w * w 9 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 Signature pfrJotary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document > p. Title or Type of Document: 62> ^\-^yW-r\<^M'I Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Corporate Officer — Title(s): • Parfnec- • Limited • General • lndividuar^"'~~--..^,QAttorney in Fact • Trustee •Gtrstfdian or Conservator • Other: Signer Is Representing: Signer's Name: j£ate Officer — Title(s): • Partner^^^^^-S4Jmited • General • Individual L^Vmgrney in Fact • Trustee • Guar^fai=MaiLConsen/ator • Other: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 List below names of president, vice president, secretary and assistant secretary, if a corporation; if a partnership, list names of all general partners, and managing partners: 3 V Revised 1/30/13 Contract No. 45091 Page 17 of 155 Pages BID SECURITY FORM (Check to Accompany Bid) TAMARACK-FRAZEE BEACH BLUFF RESTROOM MAINTENANCE CONTRACT NO. 45091 (NOTE: The following form shall be used if check accompanies bid.) Accompanying this proposal is a *Certified *Cashiers check payable to the order of CITY OF CARLSBAD, in the sum of dollars ($ ), this amount being ten percent (10%) of the total amount of the bid. The proceeds of this check shall become the property ofthe 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, Wan-anty and Payment Bonds and proof of insurance coverage within the stipulated time; othenwise, 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 othenwise re- quired by iaw, and notwithstanding the award of the contract to another bidder. BIDDER ^Delete ttie Inapplicable word. (NOTE: If the Bidder desires to use a bond instead of check, the Bid Bond form on the foliowing pages shall be executed-the sum of this bond shall be not less than ten percent (10%) of the total amount of the bid.) .3.^*^ Revised 1/30/13 Contract No. 45091 Page 18 of 155 Pages BIDDER'S BOND TO ACCOMPANY PROPOSAL TAMARACK-FRAZEE BEACH BLUFF RESTROOM MAINTENANCE CONTRACT NO. 45091 KNOW ALL PERSONS BY THESE PRESENTS: International Computing That we, Svstems Inc. as Principal, and Allegheny Companv Casualty as Surety are held and firmly bound unto the City of Carisbad, California, in an amount as follows: (must be at least ten percent (10%) of the bid amount) $15.000.00***** for which payment, well and truiy 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 ifthe proposal ofthe above- bounden Principal for: TAMARACI^RAZEE BEACH BLUFF MAINTENANCE CONTRACT NO. 45091 in the City of Carisbad, is accepted by the City Council, and ifthe 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 Carisbad, being duly notified of said award, then this obligation shall become null and void; othenwise, it shall be and remain in full force and effect, and the amount specified herein shall be forfeited to the said City. .3.^^ Revised 1/30/13 Contract No. 45091 Page 19 of 155 Pages In the event Principal executed this bond as an individual, it is agreed that the death of Principal shall not exonerate the Surety from its obligations underthis bond. Executed by PRINCIPAL this 13th dav of. PRINCIPAL: International Computing Systems Inc. (name of Principal) (print name here) (Title and Organization of Signatory) By: (sign here) (print name here) (title and organization of signatory) November _, 20 14 Executed by SURETY this. of November 13th _, 20 14 . day SURETY: Allegheny Casualty Company (name of Surety) 18201 Von Karman Avenue, #970 Irvine. CA 92612 (address of Surety) 949-748-8735 (telephone number of Surety) By:. _ (sigriature of Attpfney-in-Fact) Andrew Sysyn, Attorney-in-Fact (printed name of Attorney-in-Fact) (Attach corporate resolution showing current power of attorney.) (Proper notarial acknowledgment of execution by PRINCIPAL and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant sec- retary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: CELIAA. BREWER City Attorney By:. ctant nitu Attnrnpu 'I Assistant City Attorney .3.^^ Revised 1/30/13 Contract No. 45091 Page 20 of 155 Pages CALiFORNiA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate Is attached, and not the truthfulness, accuracy, or validity of that document. State of California Countvof Oraf\'^Q-' ) before me. On Date personally appeared Hare Insert Name and Title of ttiejOfficer Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person^ whose name(s^ is/ate subscribed to the within instrument and acknowledged to me that he/She/they executed the same in his/hee^jngC^uthorized capacity(te^, and that by his/her/therr signaturel^n the instrument the personfs), or the entity upon behalf of which the person]^^ acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. TODD F. JACK Commission # 1985591 Notary Public - California Orange Counfy 2 My Comm. Expires Jul 20, 20161 WITNESS my hand and official seal. Signature Place Notaiy Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. uescription or Attacned Document Air-, I Title or Type of Document: ^\rV)gr^.^ Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: • Corpbfaje Officer - Title(s): • Partner -^^HJJmited • General • Individual i3-Attorney in Fact • Trustee • Guar9tafkQr Conservator • Other: Signer Is Representing: Signer's Name: ^rporate Officer — Title(s): • Partnet - DUmited • General • IndividuaT^^^^ • Attorney in Fact • Trustee ^S..Guardian or Conservator • Other: Signer Is Representing ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 CALiFORNiA ALL-PURPOSE ACKNOWLEDGiMENT CIVIL CODE § 1189 State of California County of Orange On 11/13/14 Date } before me, R. Mendoza. Notary Public Here Insert Name and Titte of the Officer personally appeared Andrew Sysyn Name(s) of Signer(s) R. MENOOZA Commission # 2047276 Notary Public • Califomia i -i-TiMf r - Orange Couniy ^ M»Comm.6ipiresWovt4.2017t who proved to me on the basis of satisfactory evidence to be the person(a5 whose name(J5) is/WL subscribed to the within instrument and acknowledged to me that he-jetoigaiKX executed the same in his^bBOaJoSk authorized capacityOBB), and that by hiSjgjSCfflbSlr signature(S) on the instrument the personfe), or the entity upon behaif of which the personfe) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand an Place Notary Seal Above Signature: '^gnafure o7 Notary fpfblic OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Signer(s) Other Than Named Above: Document Date: Capacity(ies) Claimed by Signer(s) Signer's Name: • Corporate Officer — Title(s): • Partner — • Limited • General • Individual B Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer's Name: • Corporate Officer — Title(s): • Partner — • Limited • General • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: Signer Is Representing: © 2013 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Tel (973) 624 7200 ROWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COIVIPANY ALLEGHENY CASUALTY COIVIPANY ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY , a corporation organized and existing under the laws of the State of New Jersey, and ALLEGHENY CASUALTY COMPANY a corporation organized and existing under the laws of the State of Pennsylvania, having their principal office In the City of Newark, New Jersey, do hereby constitute and appoint _ ___ . _ ._ _.. ANDREW SYSYN. RAYLENE MENDOZA Costa Mesa, CA. their true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be aitowed, required or permitted by law, statute rule, rrau^atro^ and the execufion of such instrument(s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENYCASUALTYCOMPANY, as fully and amply, toall intents and purposes,as if the same had been duly executed and acknowledged by their regularly elected officers attheir principal offices. This Power of Attomey is executed, and may be revoked, pursuant to and by authority of the By-Laws of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY and is granted under and by authonly of the fonowing resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meefing duly held on the 20th day of July, 20^0 and by the Board of Directors of ALLEGHENY CASUALTY COMPANY at a meeting duly held on the 15th day of August, 2000: "RESOLVED that (1) the President, Vice President, Executive Vice President or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys-in-Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on tpehalt of the Corooration and affix tiie Corporation's seal ttiereto, bonds, undertakings, recognizances, conti-acts of indemnity and ptiier wntten obligations in the nature thereof or related tiiereto; and (2) any such Officers of ttie Corporation may appoint and revoke tiie appointments pfjoint-contro custodians, agents for acceptance of process, and Attomeys-in-fact with authority to execute waivers and consents on behalf of ttie Corporation; and (3) the signature ot any such Officer of ttie Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for ttie execution of any bond undertaking, recognizance, contiact of indemnity orother written obligation in ttie nature thereof or related ttiereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by tiie Corporation as ttie original signature of such officer and ttie original seal of the Corporation to be valid and binding upon ttie Corporation with the same force and effect as tiiough manually affixed." IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and attested these presents on this 12th day of March, 2012. STATE OF NEW JERSEY County of Essex ROBERT W: MINSTER Executive Vice Presideiit/Chief Operating Officer (international Fidelity Insurance Company) and President (Allegheny Casualty Company) On Uiis 12tti day of March 2012, before me came ttie individual who executed ttie preceding instrument, to me personally known, and, being by meduly sworn, said he is the therein described and auttiorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY; that the seals affixed to said insti'ument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. IN TESTIMONY WHEREOF, 1 have hereunto set my hand aflixed my Official Seal, ^,4«.n<»ij„, at the City of Newark, New Jersey tiie day and year first above written. y\yOl s T \."\ ,m^*-mi ':./\-.,t A NOTARY PUBLIC OF NEW JERSEY My Commission Expires April 16, 2019 CERTIFICATION I the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have compared the foregoing copy of ttie Power of Attorney and affidavit, and tiie copy of ttie Sections of the By-Laws of said Companies as set forth in said Power of Attorney, witti ttie originals on file in Uie home office of said companies, and that the same are correct transcripts thereof, and of the whole of tiie said original's, and ttiat the said Power of Attorney has not been revoked and is now in full force and effect. N TESTIMONY WHEREOF, I have hereunto set my hand ttiis 13th day of November, 2014 MiWIA BfRANCO, Assistant Secret?fry Company Profile Page 1 of 1 CALIFORNIA DEPARTP^ENT OF INSURANCE Company Profile Company Search Company Information Old Company Names Agent for Service Reference Information NAIC Group Ust Unes of Business Workers' Compensation Complaint and Request for Action/Appeals Contact Information Financial Statements PDF's Annual Statements Quarterly Statements Company Complaint Company Performance & Comparison Data Company Enforcement Action Composite Complaints Studies Additional Info Find A Company Representative In Your Area View Financial Disclaimer COMPANY PROFILE Company Information ALLEGHENY CASUALTY COMPANY ONE NEWARK CENTER, 20TH FLOOR NEWARK, NJ 07102 Old Company Names ALLEGHENY MUTUAL CASUALTY COMPANY Agent For Service DOROTHY O'CONNOR-MANSON 2999 OAK ROAD SUITE 820 WALNUT CREEK CA 94597 Reference Information Effective Date 05/07/1998 NAIC #: 13285 California Company ID #: 3759-8 Date Authorized In California: 04/06/1995 License Status: UNLIMITED-NORMAL Company Type: Property & Casualty State of Domicile: PENNSYLVANIA back to top NAIC Group List NAIC Group #: 4705 AIA Holdings Inc Grp Lines Of Business The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. SURETY baclc to top © 2008 California Department of Insurance https://interactive. web.insurancexa.gov/companyprojBle/companyprofile?event=company... 11 /14/2014 GUIDE FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTORS" FORM REFERENCES Prior to preparation of tlie following "Subcontractor Disclosure Form" Bidders are urged to review the definitions in section 1-2 of the General Provisions to this Contract, especially, "Bid", "Bidder", "Contract", "Contractor", "Contract Price", "Contract Unit Price", "Engineer", "Own Or- ganization", "Subcontractor", and "Work". Bidders are further urged to review sections 2-3 SUBCONTRACTS of the General Provisions. CAUTIONS This forni will be used by the Agency to determine the percentage of work that the Bidder proposes to perfomn. Bidders are cautioned that failure to provide complete and con-ect information may result in rejection of the bid as non-responsive. Any bid that proposes performance of more than 50 percent of the work by subcontractors or othenwise to be performed by forces other than the Bid- der's own organization will be rejected as non-responsive. Specialty items of work that may be so designated by the Engineer on the "Contractor's Proposal" are not included in computing the percent- age of work proposed to be performed by the Bidder. INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every subcontractor whom the Bidder proposes to perform work or labor or render service in or about the work or improvement, and every subcontractor licensed as a contractor by the State of California whom the Bidder proposes to specially fabricate and install any portion of the work or improvement according to detailed drawings contained in the plans and specifications in excess of one-half of one percent (0.5%) of the Bidder's total bid or, in the case of bids or offers for the construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000) whichever is greater. Said name(s) and location(s) ofbusiness of subcontractor(s) shall be set forth and included as an integral part ofthe bid offer. The Designation of Subcontractors fomn must be submitted as a part ofthe Bidder's sealed bid. Failure to provide complete and correct infomiation mav result in reiection of the bid as non-responsive. Suppliers of materials from sources outside the limits of work are not subcontractors. The value of materials and transport of materials from sources outside the limits of work, as shown on the plans, shall be assigned to the Contractor or the Subcontractor as the case may be, that the Bidder proposes as installer of said materials. The value of material incorporated in any Subcontractor-installed bid item that is supplied by the Bidder shall be included as a part of the work that the Bidder proposes to be perfonned by the Subcontractor installing said item. When a Subcontractor has a Carlsbad business license, the number must be entered on the proper fomn. If the Subcontractor does not have a valid business license, enter "NONE" in the appropriate space. When the Bidder proposes using a Subcontractor to construct or install less than 100 percent of a bid item, the Bidder shall attach an explanation sheet to the Designation of Subcontractor fomn. The ex- planation sheet shall clearly apprise the City of the specific facts that show the Bidder proposes to perfomn no less than fifty percent (50%) of the work with its own forces. Determination of the subcontract amounts for purposes of award of the contract shall be determined by the City Council in confornnance with the provisions of the contract documents and the various supplemental provisions. The decision of the City Council shall be final. 0 .3. Revised 1/30/13 Contract No. 45091 Page 21 of 155 Pages Contractor is prohibited from perfonning any work on this project with a subcontractor who is ineligible to perform work on a public works project pursuant to Latior Code Sections 1771.1 or 1777.7. Bidders shall make any additional copies of the disclosure forms as may be necessary to provide the required infonnation. The page number and total number of additional form pages shall be entered in the location provided on each type of fomn so duplicated. Revised 1/30/13 Contract No. 45091 Page 22 of 155 Pages DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS (To Accompany Proposal) TAMARACK-FRAZEE BEACH BLUFF RESTROOM MAINTENANCE CONTRACT NO. 45091 The Bidcier certifies that it has used the sub-bid ofthe following listed subcontractors in preparing this bid for the Work and that the listed subcontractors will be used to perform the portions of the Work as designated in this list in accordance with applicable provisions ofthe specifications and section 4100 et seq. of the Public Contract Code, "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of one-half of one percent (0.5%) of the Bidder's total bid, or in the case of bids or offers for construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000), whichever is greater, and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. SUBCONTRACTOR'S BID HEI IAS Portion of Work Subcontractor Name and Location of Business Subcontractor's License No. and Classification Amount of Work by Sub- contractor in Dollars* 1 d /— —* f 1 V./ / qot) (((^/ 7 ^ ' r / T—t f a, Page j of / pages of this Subcontractor Designation form Pursuant to section 4104 (a)(2)(A) Caiifomia Public Contract Code, receipt of the information preceded by an asterisi< may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice Inviting Bids." 3.^^ Revised 1/30/13 Contract No. 45091 Page 23 of 155 Pages BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) TAMARACK-FRAZEE BEACH BLUFF RESTROOM MAINTENANCE CONTRACT NO. 45091 The Bidder is required to state what work of a similar character to that included in the proposed Con- tract he/she has successfully performed and give references, with telephone numbers, which will en- able the City to judge his/her responsibility, experience and skill. An attachment can be used. Date Con- tract Com- pleted Name and Address of the Employer Name and Phone No. of Person to Con- \..^':r.:..-&fit:':-^:^^ Type of Work Amount of Con- tract 1 >4r'^ l*r^ / 1 J LdaJe^</< ) ^\t^,s^ 1/2^ If ^ L:\\ifi /{fAji4jhi V« w m-j^ —/ ^y... .3.^^ Revised 1/30/13 Contract No. 45091 Page 24 of 155 Pages BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABIUTY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION (To Accompany Proposal) TAMARACK-FRAZEE BEACH BLUFF RESTROOM MAINTENANCE CONTRACT NO. 45091 As a required part of the Bidder's proposal the Bidder must attach either of the foilowing to this page. 1) Certificates of insurance showing conformance with the requirements herein for each of: • Comprehensive General Liability • Automobile Liability • Workers Compensation • Employer's Liability 2) Statement with an insurance carrier's notarized signature stating that the canier can, and upon payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for Comprehensive General Liability, Automobile Liability, Workers Compensation and Employer's Liability in conformance with the requirements herein and Certificates of insurance to the Agency showing conformance with the requirements herein. All certificates of insurance and statements of willingness to issue insurance for auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated in The Notice Inviting Bids and the General Provisions for this project for each insurance company that the Contractor proposes. 2) Cover anv vehicle used in the perfomnance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. Revised 1/30/13 Contract No. 45091 Page 25 of 155 Pages ACORCf CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDfmY) 12/11/2014 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 terins and conditions ofthe policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the PRODUCER BOGART & BROflNELL OF MD.INC. 7529 Standish Place, Suite 320 Rockville MD 20855 NAM™'^^ RichellG Dixon PRODUCER BOGART & BROflNELL OF MD.INC. 7529 Standish Place, Suite 320 Rockville MD 20855 ffl8''.!,P.«. (301)444-4500 WC.Nol:<3<'l>"<-'51° PRODUCER BOGART & BROflNELL OF MD.INC. 7529 Standish Place, Suite 320 Rockville MD 20855 |'[J{^^ss.Richelle@bogartandbrownell. com PRODUCER BOGART & BROflNELL OF MD.INC. 7529 Standish Place, Suite 320 Rockville MD 20855 INSURER(S) AFFORDING COVERAGE NAIC# PRODUCER BOGART & BROflNELL OF MD.INC. 7529 Standish Place, Suite 320 Rockville MD 20855 INSURER A :Hartf ord Casualty Insurance Co 29424 INSURED INTERNATIONAL COMPUTING SYSTEM 4013 WILLIAMSBURG COURT FAIRFAX VA 22032 INSURER B: INSURED INTERNATIONAL COMPUTING SYSTEM 4013 WILLIAMSBURG COURT FAIRFAX VA 22032 INSURERC: INSURED INTERNATIONAL COMPUTING SYSTEM 4013 WILLIAMSBURG COURT FAIRFAX VA 22032 INSURER D: INSURED INTERNATIONAL COMPUTING SYSTEM 4013 WILLIAMSBURG COURT FAIRFAX VA 22032 INSURERE: INSURED INTERNATIONAL COMPUTING SYSTEM 4013 WILLIAMSBURG COURT FAIRFAX VA 22032 INSURER F: COVERAGES CERTIFICATE NUMBER:2014-2015 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAIDCLAIMS. INSR LTR TYPE OF INSURANCE POUCY NUMBER GENERAL LIABIUTY COMMERCIAL GENERAL LIABILITY CLAIMS-MADE [xJ OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: PRO- JESS-POLICY X LOC X 42SBABV8876 11/25/2014 POUCY EFF (MM/DDfYYYYl 11/25/2015 POUCY EXP (MM/DDfmYI UMITS EACH OCCURRENCE DAMAGE TO RENtED PREMISES (Ea occunrence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG COMBINED SINGLE LIMIT (Ea accidentt 2,000,000 300,000 10,000 2,000,000 4,000,000 4,000,000 AUTOMOBILE LIABILITY 2.000,000 ANY AUTO ALL OWNED AUTOS HIRED AUTOS BODILY INJURY (Per person) SCHEDULED AUTOS NONOWNED AUTOS 42SBABV8876 11/25/2013 11/25/2014 BODiLY INJURY (Per accident) PROPERTY DAMAGE (Per accident) UMBRELLA LIAB EXCESS LIAB DED OCCUR CLAiMS-MADE EACH OCCURRENCE AGGREGATE RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' UABIUTY y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFiCER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRiPTiON OF OPERATIONS beiow WC STATU- TQRY LIMITS OTH-_ER E.L. EACH ACCIDENT E.L DISEASE - EA EMPLOYEE $ E.L DISEASE - POLiCY LIMIT $ BUSINESS PERSONAL PROP. BUILDING COVERAGE 42SBABV8876 42SBABV8876 11/25/2014 11/25/2014 11/25/2015 11/25/2015 $250 Ded / Repl Cost included $174,100 $447,200 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101, Additional Remarks Schedule, It more space Is required) The City of Carlsbad, it's officials, employees and volunteers are named as additional insured here under as respects liability arising out of activities performed by or on behalf of the Named Insured. Coverage under this policy shall be primary insurance as respects the City, its officials, employees and volunteers. This policy will not be materially changed nor the amount of coverage by the City Clerk of the City of Carlsbad, California. CERTIFICATE HOLDER CANCELLATION City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE John Seguin/KGG © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) INS02S (901 nasi ni Tho 4r:nRn nama anH lr>nn arA ronictoroH markc nf APORn POLICY NUMBER: 42SBABV8876 COMMERCIAL GENERAL LIABILITY CG 2010 (Ed. 07/04) THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Person(s) or Organization(s): The City of Carlsbad, it's officials, employees and volunteers are named as additional insured here under as respects liability arising out of activities performed by or on behalf ofthe Named Insured. Coverage underthis policy shall be primary insurance as respects the City, its officials, employees and volunteers. This policy will not be materially changed nor the amount of coverage by the City Clerk of the City of Carlsbad, California. Location of Covered Operations: (If no entry appears above, information required to complete this endorsement will be shown in the declarations as applicable to this endorsement). A. Section II - Who is an insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal or advertising injury" caused in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; In the performance of your ongoing operations for the additional insured(s) at the locations(s) designated above. B. With respect to the insurance afforded to these additional insured(s), the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 © ISO Properties, Inc. 2004 Policy Number: 42SBABV8876 Commercial General Liability CG20370704 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organizations(s): Location And Description Of Completed Operations The City of Carlsbad, it's officials, employees and volunteers are named as additional insured here under as respects liability arising out of activities performed by or on behalf of the Named Insured. Coverage under this policy shall be primary insurance as respects the City, its officials, employees and volunteers. This policy will not be materially changed nor the amount of coverage by the City Clerk of the City of Carlsbad, California. 1 Information required to complete this Schedule, if not shown above, wi 1 be shown in the Declarations. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown is the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". CG 20 37 07 04 ISO Properties, Inc., 2004 ACORD^ CERTIFICATE OF LIABILITY INSURANCE DATE (HM/DD/YY) 12/11/2014 PRODUCER D.S.Yang Insurance Agency 3333 S.Brea Canyon Rd #205 Diamond Bar, CA 91765 714-476-6448,909-274-7172(O),909-274-7235(fax) THIS CERTIRCATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIRCATE HOLDER. THIS CERTIRCATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PRODUCER D.S.Yang Insurance Agency 3333 S.Brea Canyon Rd #205 Diamond Bar, CA 91765 714-476-6448,909-274-7172(O),909-274-7235(fax) INSURERS AFFORDINQ COVERAGE INSURED International Computing Systems Inc. 524 W. Commonwealth Ave #M Fullerton, CA 92832 1 INSURER A INSURED International Computing Systems Inc. 524 W. Commonwealth Ave #M Fullerton, CA 92832 1 INSURER B Granite State Insurance Companv INSURED International Computing Systems Inc. 524 W. Commonwealth Ave #M Fullerton, CA 92832 1 INSURER C United Financial Casualty Company INSURED International Computing Systems Inc. 524 W. Commonwealth Ave #M Fullerton, CA 92832 1 INSURER D INSURED International Computing Systems Inc. 524 W. Commonwealth Ave #M Fullerton, CA 92832 1 INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDmONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LIB. TYPEOF INSURANCE POLICY NUMBER POUCY EFFECTIVE PATEIMIWPP/YYl POLICY EXPIRATION DATEIMIMJD/YYl GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE n OCCUR EACH CCCURRENCE FIRE DAMAGE (Any one fire) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE GEN'L AGGREGATE LIMIT APPLIES PER: ~n POLICY \ I .^Igf I I LOC PRODUCTS - COMP/OP AQQ AUTOMOBILE LIABILITY ANYAUTO ALL OWNED AUTOS SCHEDULED ALn'OS HIRED AUTOS NON-OWNED AUTOS 034046770 12/09/2014 12/09/2015 COMBINED SINQLE LIMIT (Ea accident) 1,000,000 BODILY INJURY (Per person) BODILY INJURY (Per acctdent) PROPERTY DAMAGE (Per accident) GARAGE LIABILITY ANYAUTO AUTO ONLY - EA ACCIDENT OTHER THAN ALTTO ONLY: EXCESS UABILrTY_ OCCUR ; EACH OCCURRENCE CLAIMS MADE DEDUCTIBLE RETENTION WORKERS COMPENSATION AND EMPLOYERS' LIABILITY 65257641 01/28/2014 01/28/2015 WCSTATU-I TORY LIMITS TOfH- IER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT J 1,000,000 $ 1,000,000 $ 1,000,000 DESCRIPTION OF OPERATIONSn.OCATIONSWEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS The City of Carlsbad, its officials, employees and volunteers are named as additioani insured hereunder as respects liability arising out of acivities performed by or on behalf ofthe named insured. Coverage underthis policy shall be primary insurance as respects the City, its officials, emplyees and volunteers, this policy will not be canceled materially changed nor the amount of coverage reduced until thiry days after receipt of written notice of cancellation of reduction in coverage by the City Cleric of the Carlsbad, California. CERTIRCATE HOLDER ADDITIONAL INSURED; INSURER LETTER: CANCELLATION City of Carlsbad 1635 Faraday Ave. Carlsbad, CA 92008 SHOULD ANY OFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO HAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR UABIUTY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZEO REPRESENTATIVE ACORD 25-S (7/97) @ ACORD CORPORATION 1988 PROGRESSIVE' Additional Insured Endorsement Name of Person or Organization The City of Carlsbaci 1635 Faraday Ave Carlsbad, CA 92008 The person or organization named above is an insured with respectto such liability coverage as is afforded by the policy but this insurance applies to said insured only as a person liable forthe conduct of another insured and then only to the extent of that liability. We also agree with you that insurance provided by this endorsement will be primary for any power unit specifically described on the Declarations Page. Limit of Liability Bodily Injury N/A each person/ N/A each accident Property Damage N/A each accident Combined Liability $1,000,000 each accident All Other terms, limits and provisions ofthis policy remain unchanged. This endorsement applies to Policy Number: 034046770 Issued to (Name of Insured): International Computing Systems, INC. Effective date of endorsement: 12/09/2014 Policy expiration date: 12/09/2015 Form 1198 (01/04) PROGRESSIVE Policy number: 034046770 Underwritten by: United Financial Casualty Co. 12/09/2014 Certificate of Insurance Certificate Holder Insured Agent Additional Insured INTERNATIONAL COIMPUTING D S YANG INSURANCE CITY OF CARLSBAD SYSTEMS, INC. 3333 S BREA CANYON #205 1635 FARADAY AVE 524 W COIMIMONWEALTH AVE IVI DIAMOND BAR, CA 91765 CARLSBAD, CA 92008 FULLERTON, CA 92832 This document certifies that insurance policies identified below have been issued by the designated insurer to the insured named above for the period(s) indicated. This certificate is issued for information purposes only. It confers no rights upon the certificate holder and does not change, alter, modify, or extend the coverages afforded by the policies listed below. The coverages afforded by the policies listed below are subject to all the terms, exclusions, limitations, endorsements, and conditions of these policies. Policy Effective Date: Policy Expiration Date: 12/09/2014 12/09/2015 Insurance coverage(s1 Limits , BODILY INJURYAND PROPERTY DAMAGE $1,000,000 COMBINED SINGLE LIMIT /WY AUTO BODILY INJURY AND PROPERTY DAMAGE $1,000,000 COMBINED SINGLE LIMIT Description of LocatlonA/ehlcles/Speclal items Scheduled autos only 2011 TOYOTA RAV4 2T3ZF4DV8BW071058 Certificate number 34314PTA677 The City of Carlsbad, ifs officials, employees and volunteers are named Additional Insureds with respect to auto liability. The City of Carlsbad is a primary and non-contributory additional insured regardless of whelher Holder is a named insured of any other policy. We will endeavor to provide 30 days notice of cancellation to the certificate holder, but failure to do so shall impose no obligation or liability of any kind upon the insurer, its agents or representatives. Please be advised that additional insureds and lienholders will be notified in the event of a mid-term cancellation. Form COI-AI ''^m»^' BIDDER'S STATEMENT RE DEBARMENT (To Accompany Proposal) TAMARACK-FRAZEE BEACH BLUFF RESTROOM MAINTENANCE CONTRACT NO. 45091 1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California? 1^ yes no 2) If yes, what was/were the name(s) of the agency(ies) and what was/were the period(s) of debar- ment(s)? Attach additional copies of this page to accommodate more than two debarments. party debarred party debarred agency agency period of debarment period of debarment BY CONTRACTOR: (name of Contractor) ^ ^ —^ >ign here) (print name/title) Page l_ of / pages of this Re Debarment form 3. Revised 1/30/13 Contract No. 45091 Page 26 of 155 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) TAMARACK-FRAZEE BEACH BLUFF RESTROOM MAINTENANCE CONTRACT NO. 45091 Contractors are required by law to be licensed and regulated by the Contractors' State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions conceming a contractor may be refen-ed to the Registrar, Contractors' State License board, P.O. Box 26000, Sacramento, California 95826. 1) Have you ever had your contractor's license suspended or revoked by the Califomia Contractors' State license Board two or more times within an eight year period? yes no 2) Has the suspension or revocation of your contractor's license ever been stayed? yes no 3) Have any subcontractors that you propose to perform any portion of the Work ever had their con- tractor's license suspended or revoked by the Califomia Contractors' State license Board two or more times within an eight year period? 1/ yes no 4) Has the suspension or revocation of the license of any subcontractor's that you propose to perform any portion ofthe Work evepbeen stayed? yes no 5) If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the party disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of the violation and the disciplinary action taken therefore. (If needed attach additional sheets to provide full disclosure.) W Page \ of 1/^ pages of this Disclosure of Discipline forni /5 •3. ^¥ Revised 1/30/13 Contract No. 45091 Page 27 of 155 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accomipany Proposal) TAMARACK-FRAZEE BEACH BLUFF RESTROOM MAINTENANCE CONTRACT NO. 45091 6) If the answer to either of 2. or 4. above is yes fully identify, in each and every case, the party who's discipline was stayed, the date ofthe violation that the disciplinary action pertains to, describe the nature of the violation and the condition (if any) upon which the disciplinary action was stayed. (If needed attach additional sheets to provide fuli disclosure.) BY CONTRACTOR: (name of Contractor) By: here) (print name/title) <J Page 2^ of 2^ pages of this Disclosure of Discipline fonn 3. Revised 1/30/13 Contract No. 45091 Page 28 of 155 Pages NONCOLLUSION DECLAF^TION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 TAMARACK-FRAZEE BEACH BLUFF RESTROOM MAINTENANCE CONTRACT NO. 45091 The undersigned declares: I am \hf-^^rr£ch^ of JV<^. IA^C^ . the party making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overtiead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged infor- mation or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder. I declare under penalty of perjury under the laws of the State of Califomia that the foregoing is true and correct and that this declaration is executed on mv U , IH^ 20 f ^ at •f\AUij^'\^ rcitvl CJ\ Fstatel. T Revised 1/30/13 Contract No. 45091 Page 29 of 155 Pages Citv of Carlsbad Public Works - Contract Administration November 12,2014 ADDENDUM NO. 2 RE: TAMARACK-FRAZEE BEACH BLUFF MAINTENANCE; BID NO. PWS15-38PEM Please include this addendum in the Notice to Bidders/Request for Bids you have for the above project. This page—receipt acknowledged—must be included in your bid when your bid is submitted. (EVIN L. DAVIS Sr. Contract Administrator I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 2 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4677 • FAX (760) 602-8562 ^ CITY OFCARLSBAD TAMARACK-FRAZEE BEACH RESTROOM MAINTENANCE Request for Proposals Project No. 45091 Addendum No. 2 From: Jesse Zunke, Public Works Supervisor Phone: (760)434-2992 Email: Jesse.zunke@carlsbadca.gov Date: November 12, 2014 RFI RESPONSE Sheet A-l floor plan shows the electrical panel being moved to the side ofthe building. Page 155 ofthe specifications says electrical N.l.C. The bid form doesn't have a iine item for electrical. Based on this we are assuming that electrical is being done by others? Please clarify. ELECTRICAL IS NOT IN CONTRACT Bid item A-4 Sidewalk addition; Does this include the triangular shaped walk and also the curved section near the drinking fountain? YES Bid item A-5 Exterior Shower pad; We assume this is the entire new showering area from the south end to the first curved line on the north end. YES Is there a raised curb/wall between the shower pad and drinking fountain and adjacent area? Please reference Sheet P3 Detail 3 The only exposed aggregate finish would be the drinking fountain and the small area adjacent to that, not the upper showering area. Please clarify. Thf! shower pad .should have a medium to heavy broom finish. There is a dashed line just inside the perimeter of all the new flat work. What does this dashed line represent? Water line for Showers and Drinking Fountain Specification section 06 00 00; What is the species of wood that should be used for bidding. It's not practical to guess without examining a cut sample. Should we assume Douglas fir for bidding? Yes The bid form doesn't have a line item for plumbing work or toilet partitions, we assume these would be entered in bid item A-2 Generai Requirements. Is this correct? See updated bid forrn Page 132 of the specifications, item C says "see altached [oglstics plan". There is no attached plan in the specs. Please provide ptan. See attached 5rte Plan Page 130 of the specs, I.4.A. says that the adjacent area is a pmtected habitat. \s this referring to the sloped area belween the walk and the be^ch. Should this be a 1:0 nsi deration for SWPPP. Yes Based on the description of word, the projecf appears to qualify as "Iter 1 Construction" for lhe SWPPP. Can vou please verify if Tier 1 wiil be acceptable for this Job? Contractor should maintsln necessary BMPs on-site to protect affected slorm draJns, and any openings to lhe slope. Page l^b Qfthe specifications, item 2.LA.I calls forS-feet high fencing, B-feet hi^ temporary fence is not common and is much more expensive, would a slandard height temporary fence be acceptable YES Sheet T-l indicates that the existing 4" sewer pipe is cement asbestos. Will we be required to have an abatemenl company remove the section ofpipe forthe new connection? The City is aniicipatinu to nol haufj lo connect to the sewer at that Jocanon. The showers will drain inlo the llfCSiaiion. Page 135 of the speciftcations, item 300-13-1,2, Describes a document for contractor's use called "appendix &". Appendix b is not in the spec bookn please provide for review. Ses attached .i^ile |)ljn New gate detail 3/Al, is the black semi gloss painl suppose to be a powder coat or regular paint? Reference Sheet Al Detail i The skylight si^e \s not called out on the plans. Should we assume a 4848 based on the scale and the schedule on sheet A2? Yes At the site visit today my plumbing contractor said he doesn't think the push button flush valve will work for the urinals because they require a pluming chase tor the actual valve tobe mounted. The urinals are on an outside wall and below grade. Please advise. The JJrmals provided will be top supply, with a Sloan Mushometer. Sheet A2H roof plan notes catlsforCopper gravity vents, however none are shown on the plan, and there is no other information for them, Piease advise. Replace Existing Vents in Coniunclion with the new plumbing installation. Vent Tops shall be copper. Today at the site visit the fencing was discussed excepl for the added sidewalk. Will the triangular section of new sidewalk require fencing? Concrete protection is the responsibility of the contractor. CITY OF CARLSBAD TAMARACK/FRAZEE BEACH BLUFF MAINTENANCE CONTRACT NO. 45091 CONTRACTOR'S PROPOSAL City Council City of Carlsbad 1200 Carisbad Village Drive Carlsbad, Caiifornia 92008 The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans, Specifications, General Provisions, Contract Documents, and ad- denda thereto, and hereby proposes to furnish ail labor, materiais, equipment, transportation, and services required to do aii the work to compiete Contract No. 45091 in accordance with the Pians, Specifications, General Provisions. Contract Documents, and addenda thereto and that he/she wiii take in full payment therefore the foilowing unit prices for each item complete, to wit: SCHEDULE "A" BATHROOM RENOVATION A-1 Description Mobilization at (Price in Words) A-2 General Requirements (Price in Words) A-3 Demoiition (Unit Price in Words) A-4 Sidewalk Addition (Price in Words) Approximate Quantity And Unit Notto Exceed $15,000 LS LS LS Unit Price (Figures) Totai Amount (Figures) $_ V Revised 1/30/13 Contract No. 45091 Page 11 of 155 Pages A-5 Exterior Shower Pad as Shown on the Plans (Price in Words) A-6 Masonry Repairs (Unit Price in Words) A-7 Carpentry Repairs (Unit Price in Words) A-8 Roof and Skylight Replace- ment LS $ LS $ LS $ LS $ (Unit Price in Words) A-9 Painting (Unit Price in Words) A-10 Epoxy Fiooring System (Unit Price in Words) A-11 Interior Plumbing (Unit Price in Words) A-12 Metai Doors (Unit Price in Words) A-13 Toiiet Partitions (Unit Price in Words) LS $ 500 SF $_ Appx. LS $ LS $ LS $ $_ $_ $_ .3.V Revised 1/30/13 Contract No. 45091 Page 12 of 155 Pages Total amount of bid in words for Schedule "A": Totai amount of bid in numbers for Schedule "A": $ The basis of award wili be the sum of Schedule "A" and "B" uniess bids for Schedule "B" are rejected, in which case the basis of award wiii be Schedule "A" only. Price(s) given above are firm for 90 days after date of bid opening. Addendum(a) No(s). has/have been received and is/are included in this pro- posal. .3. Revised 1/30/13 Contract No. 45091 Page 13 of 155 Pages JS a. <u O E o p ra ca OS E I- c 3 ?'t^i I' 5; '•^^ it*' 3 Ci i SJ ^ , II N I 21 M^' ••—f ••J—-^'•i- "i ••"•\" 1 1- Citv of Carlsbad Public Works - Contract Administration October 29,2014 ADDENDUM NO. 1 RE: TAMARACK-FRAZEE BEACH BLUFF RESTROOM MAINTENANCE Please include this addendum In the Notice to Bklders/Request for BkJs you have for the above project. **********IMPORTANT NOTE**-******* The bid due and opening date has lieen changed to November 14, 2014. The mandatory pre4>id meeting has also been changed. See attached. This page—receipt acknowledged—must be Included In your bki when your bkl Is submitted. Sr. Contract Administrator I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1 1635 Faraday Avenue - Carlsbad, CA 92008-7314 • (760) 602-4677 . FAX (760) 602-8562 ® CITY OF CARLSBAD TAMARACK-FRAZEE BEACH RESTROOM MAINTENANCE Request for Proposals Project No. 45091 Addendum No. 1 Fronn: Jesse Zunke, Public Works Supervisor Phone: (760)434-2992 Email: Jesse.zunke@carisbadca.gov Date: October 29, 2014 *** MANDATORY PRE-BID MEETING*** DATE CHANGE: November 10, 2014 at 10:00 AlVI ***BID DATE CHANGE*** Until 2:00 PM on November 14, 2014, the City shall accept sealed bids, clearly marked as such, at the Faraday Center, 1635 Faraday Avenue, Carlsbad, CA 92008-7314, Attn: Purchasing Officer, by mail, delivery service or by deposit in the Bid Box located in the first floor lobby, at which time they will be opened and read, for performing the work as follows: Tamarack Beach Bathroom Renovation: A complete renovation ofthe interior and exterior ofthe existing bathroom facility. CONTRACT PUBLIC WORKS This agreement is made this _ f^-^ day of .Deeeyrv^gy^ , 20J^t, by and between the City of Carlsbad, Caiifornia, a municipai corporation, (hereinafter called "City"), and ICS, INCORPORATED whose principai piace of business is 524 West Commonwealth Avenue, Fullerton CA 92832, (hereinafter calied "Contractor"). City and Contractor agree as follows: 1. Description of Worl<. Contractor shall perfomi all woh< specified in the Contract documents for: TAMARACK-FRAZEE BEACH BLUFF RESTROOM MAINTENANCE CONTRACT NO. 45091 (hereinafter called "project") 2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents. 3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids, Contractor's Proposal, Bidder's Bond, Noncollusion Declaration, Designation of Subcontractors, Tech- nical Ability and Experience, Bidder's Statement Re Debarment, Escrow Agreement, Release Form, the Pians and Specifications, the General Provisions, addendum(s) to said Plans and Specifications and General Provisions, and all proper amendments and changes made thereto in accordance with this Contract orthe Plans and Specifications, and all bonds forthe project; ali ofwhich are incorporated herein by this reference. Contractor, her/his subcontractors, and materials suppiiers shall provide and instali the work as indi- cated, specified, and implied by the Contract Documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the Contractor's expense to fulfill the intent of said documents. In all instances through the life of the Contract, the City will be the interpreter of the intent of the Contract Documents, and the City's decision relative to said intent will be final and binding. Failure of the Contractor to apprise subcontractors and materials suppliers of this condition of the Contract will not relieve responsibility of compliance. 4. Payment. For all compensation for Contractor's performance of work under this Contract, City shall make payment to the Contractor per section 9-3 PAYMENT of the General Provisions section of this contract. The Engineer will close the estimate of work compieted for progress payments on the last working day of each month. The City shall withhold retention as required by Public Contract Code Section 9203. .3. Revised 1/30/13 Contract No. 45091 Page 30 of 155 Pages 5. Independent Investigation. Contractor has made an independent investigation of the jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the work, and is aware of those conditions. The Contract price includes payment for all work that may be done by Contractor, whether anticipated or not, in order to overcome underground conditions. Any infor- mation that may have been furnished to Contractor by City about underground conditions or other job conditions is for Contractor's convenience only, and City does not warrant that the conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground conditions and has not relied on information furnished by City. 6. l-lazardous Waste or Other Unusual Conditions. If the contract involves digging trenches or other excavations that extend deeper than four feet below the surface Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (A) Hazardous Waste. Material that Contractor believes may be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class lli disposal site in accordance with provisions of existing law. (B) Differing Conditions. Subsurface or latent physical conditions at the site differing from those indicated. (C) Unknown Physical Conditions. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract. City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in contractor's costs of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in this contract. In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the contractor's cost of, or time re- quired for, perfonnance of any part of the work, contractor shall not be excused from any scheduled compietion date provided for by the contract, but shall proceed with all work to be perfonned under the contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. 7. immigration Reform and Control Act. Contractor certifies it is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligibility for em- ployment of ali agents, employees, subcontractors, and consuitants that are included in this Contract. 8. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connec- tion with the perfonnance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those relating to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. .3. Revised 1 /30/13 Contract No. 45091 Page 31 of 155 Pages Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by the Con- tractor, whether intentional or othenwise, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. 9. Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the perfonnance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. Said insurance shall meet the City's policy for insurance as stated in City Council Policy # 70. (A) Coverages And Limits Contractor shall maintain the types of coverages and minimum limits indicted herein: a. Commercial General Liability Insurance: $1,000,000 combined single limit per occurrence for bodily injury and property damage. If the policy has an aggregate limit, a separate aggregate in the amounts specified shall be established for the risks for which the City or its agents, officers or employ- ees are additional insured. b. Business Automobile Liability Insurance: $1,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduied. c. Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits as required by the Labor Code of the State of Califomia. Workers' compensation offered by the State Compensation Insurance Fund is acceptable to the City. (B) Additional Provisions: Contractor shall ensure that the policies of insurance required under this agreement with the exception of Workers' Compensation and Business Automobile Liability Insur- ance contain, or are endorsed to contain, the following provisions. a. The City, its officials, employees and volunteers are to be covered as additionai insured as re- spects: liabiiity arising out of activities performed by or on behalf of the Contractor; products and com- pleted operations of the contractor; premises owned, leased, hired or borrowed by the contractor. The coverage shall contain no speciai limitations on the scope of protection afforded to the City, its officials, employees or volunteers. All additionai insured endorsements must be evidenced using separate doc- uments attached to the certificate of insurance; one for each company affording generai liabiiity, and employers' liabiiity coverage. b. The Contractor's insurance coverage shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, em- ployees or volunteers shall be in excess of the contractor's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees or volunteers. d. Coverage shall state that the contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (C) Notice Of Cancellation. Each insurance policy required by this agreement shall be endorsed to .3.^^ Revised 1/30/13 Contract No. 45091 Page 32 of 155 Pages state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage or limits except after ten (10) days' prior written notice has been sent to the City by certified mail, return receipt requested. (D) Deductibles And Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured reten- tion levels must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. (E) Waiver Of Subrogation. All policies of insurance required under this agreement shall contain a waiver of all rights of subrogation the insurer may have or may acquire against the City or any of its officials or employees. (F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Coverages for subcontractors shall be subject to ail of the requirements stated herein. (G) Acceptability Of Insurers. Insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:VII. Insurers must also be authorized to transact the business of in- surance by the State of California Insurance Commissioner as admitted carriers as evidenced by a listing in the official publication of the Department of Insurance of the State of California and/or under the standards specified by City Council Policy # 70. (H) Verification Of Coverage. Contractor shall furnish the City with certificates of insurance and original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance poiicy 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 fonns approved by the City and are to be received and approved by the City before the Contract is executed by the City. (I) Cost Of Insurance. The Cost of all insurance required under this agreement shall be included in the Contractor's bid. 10. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolved in ac- cordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with section 20104) which are incorporated by reference. A copy of Article 1.5 is in- cluded in Section 3 of the General Provisions. The contractor shall initially submit all claims over $375,000 to the City using the informal dispute resolution process described in Public Contract Code subsections 20104.2(a), (c), (d). Notwithstanding the provisions of this section of the contract, ail claims shall comply with the Government Tort Claim Act (section 900 et seq., of the California Gov- ernment Code) for any claim or cause of action for money or damages prior to filing any lawsuit for breach of this agreement. (A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. (B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution. (C) Government Code. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. .3. Revised 1 /30/13 Contract No. 45091 Page 33 of 155 Pages init (D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. (E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented from further bidding on public contracts for a period of up to five years. (F) Carlsbad Municipal Code. The provisions of Carisbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. (G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by an- other jurisdiction is grounds for the City of Carisbad to disqualify the Contractor or subcontractor from participating in future contract bidding. (H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. 1 have read and understand all provisions of Section 10 above, '"'t 11. Security. Securities in the fomri of cash, cashier's check, or certified check may be substituted for any monies withheld by the City to secure perfonnance of this contract for any obligation estab- lished by this contract. Any other security that is mutually agreed to by the Contractor and the City may be substituted for monies withheld to ensure performance under this Contract. 12. Unfair Business Practices. In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to ali causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowiedgment by the parties. 13. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and in- cluded herein, and if, through mistake or othenwise, any such provision is not inserted, or is not cor- rectly inserted, then upon application of either party, the Contract shall forthwith be physically amended to make such insertion or correction. .3.V Revised 1 /30/13 Contract No. 45091 Page 34 of 155 Pages ^ttmiK-' (D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. (E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented from further bidding on public contracts for a period of up to five years. (F) Carlsbad Municipal Code. The provisions of Carisbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. (G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by an- other jurisdiction is grounds for the City of Carisbad to disqualify the Contractor or subcontractor from participating in future contract bidding. (H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County California. 1 have read and understand all provisions of Section 10 above. . init ] , init 11. Security. Securities in the fomn of cash, cashier's check, or certified check may be substituted for any monies withheld by the City to secure perfonnance of this contract for any obligation estab- lished by this contract. Any other security that is mutually agreed to by the Contractor and the City may be substituted for monies withheld to ensure performance under this Contract. 12. Unfair Business Practices. In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to ail causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, sen/ices, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the parties. 13. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and in- cluded herein, and if, through mistake or othenwise, any such provision is not inserted, or is not cor- rectly inserted, then upon application of either party, the Contract shall forthwith be physically amended to make such insertion or correction. 3. ^"f^ Revised 1 /30/13 Contract No. 45091 Page 34 of 155 Pages 14. Additional Provisions. Any additional provisions of this agreement are set forth in the "Gen- eral Provisions" or "Supplemental Provisions" attached hereto and made a part hereof. NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED OF CARLSBAD a municipal corporation of (CORPORATE SEAL) CONTRACTOR: U^-^rn^.-^'.^'x <— 1 SV'S^'^i^ ^l^® state of California (name of Contractor) ]j By: v::^-''^ — B^ (snjn here) ' (print name and titl^)' ATTEST: BARBARA ENGLESON, Citfe^lerk {^rint name and ti^le^ J President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under the corporate seal empowering that officer to bind the corporation. APPROVED AS TO FORM: CELIAA. BREWER City Attorney By: Assistant City Attorney * Sped mi^ f<^'^^ ^^"'^^ ^ Ckciyy- Cl-Vj : '^Csii-^(^.£ |\)0U(j- NOTARY •'. s PUBLIC \ '. REG. #7546417 : : MY COMMISSION ; <r l EXPIRES •• 5.: 12/.31/17 ^ .3. ••'^ Revised 1/30/13 Contract No. 45091 Page 35 of 155 Pages CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT ih-^ State of Califomia County of <3<^y\ T^\e^4^r^ I (Here insert narr^e^d title ofthe oiBcer)' ^\ personally appeared V^<arbV^ X^nnlC^|/^ , who proved to me on the basis of satisfactory evidence to be the person('s) whose name(»^ is/ape-subscribed to the within instrument and acknowledged to me that he/she/tbey executed the same in-bis/her/Aeir authorized capacity(ie9"), and that by bis/her/thetr'signature(-s) on the instrument the personfs), 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 Califomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ofNotary Public (Notary Seal) MORGEN FRY | Commission # 1918442 | Notary Public - California i San Diego County g My Comm. Expires Dec 24.20141 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) led document continued) (Title or description of attached doCument continued) Number of Pages Document Date_ (Additional infonnation) CAPACITY CLAIMED BY THE SIGNER • Individual (s) • Corporate Officer (Title) • Partner(s) • Attomey-in-Fact • Trustee(s) • Other INSTRUCTIONS FOR COMPLETING THIS FORM Any ackncmledgment completed in Califomia must contain verbiage exactly as appears above in the notary section or a separate ackno-wledgment form must be properly completed and attached to that document The only exception is if a document is to be recorded outside of Califomia. In such instances, any altemative ackno-wledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in Califomia (i.e. certifying the authorized capacity of the signer). Please check the document carefuUy for proper notarial -wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her 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. he/she/theyr is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature 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 2008 Version CAPA vl2.10.07 800-873-9865 www.NotaryClasses.com *ISSUED IN TRIPLICATE* LABOR AND MATERIALS BOND Bond No. 0660180 WHEREAS, the City Council of the City of Carlsbaci, State of California, by Resoiution No. . adopted , has awarded to Intemational Ccmputina Syst:CTi.q Tno. (hereinafter designated as the "Principal"), a Contract for: TAMARACK-FRAZEE BEACH BLUFF RESTROOM MAINTENANCE CONTRACT NO. 45091 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 perfor- mance 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. Intemational Computing Systens Inc. , as Principal, (hereinafter designated as the "Contractor"), and Allegheny Casiaalty Cornpany as Surety, are held firmly bound unto the City of Carlsbad in the sum of Ninety-three Thousand Four Htjndred & 00/100 Dollars ($93.400.00 ). said sum being an amount equal to: One hundred percent (100%) ofthe 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 ifthe 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 In- surance 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 ofthe contractor and subcontractors pursuant to section 13020 ofthe Unem- ployment 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 ofany ofthe 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 additi on 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 .3.^^ Revised 1/30/13 Contract No. 45091 Page 36 of 155 Pages not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this /O Executed by SURETY this day of Pe<^^i*^h^er' , 20/^. of December Sth day 20 14 CONTRACTOR: SURETY: S-n '^€i^fui\>i'^J^ (?c?tt^p<yt^i'fi^ ^y''T'fi^Af Allegheny Casualty Comapany (name of Contractor) ^ ' ^ (name of Surety) \ UyicA--Sa:^ 1^ CT'U s^"'^ A ^ (print-flame here) <J (title and organization of_signatory) By: (print \\ nawi o hciro\ •—^ he here) "(title and organizalljon of signatory) Surety) 18201 Von Karman Ave. #970 Irvine. CA 92612 (address of Surety) 970-748-8735 (telephone number of Surety) Andrew Sysyn, 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 resoiution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORIVI: CELIA A. BREWER City Attorney By: ictant P.itxA Attnrnov/ » Assistant City Attorney .3. Revised 1/30/13 Contract No. 45091 Page 37 of 155 Pages CORPORTE ACKNOWLEDGMENT COMMENWEALTH / STATE OF VIRGINIA COUNTYOF FAIRFAX On this, the / 0 day of D/^rr^^he, , r>iDl^ before me, the undersigned officer, Personally appeared f)Cimiie,l Ur^c^ ^^looo Ckuno^ <^ P^nntj /^.i^un»^ Who acknowledged himself / herself to be the piUQsi/jpr.'^ S. ^g£.rg:lgiruN^ • Of i c\[€r(\(P^^o^cl t rnio\pu(io •^,^1^'^ a corporation and that he/she as such 0F<^O7T2- <: being authorized to do so, executed the foregoing Instrument for the purpose therein contained by signing the name of the corporation by himself herself as Ppie^ t c/(°ot ^g^rgfcn^ • In witness whereof, I hereunto set my hand and official seal. ^Of^\ ^ Ui * M/-VTADV ^ i / Notary Public ^/ NOTARY •.. -9. c ^ : PUBLIC • : REG. #354044 • ^\ = i MY COMMISSION : 5 Si •. FXPIRES ', ^ •. EXPIRES .. >^ 02/28/17 .-• CALiFORNiA ALL-PURPOSE ACKNOWLEDGMENT CIViL CODE §1189 State of California County of Orange On 12/5/14 Dafe personally appeared } before me, R. Mendoza, Notary Public Here Insert Name and Title of the Officer Andrew Sysyn Name(s) of Signer(s) R. MENDOZA Commission # 2047276 Notary Public - California Orange County ^Comm. Expires Nov 14,2017 Place Notary Seat Above who proved to me on the basis of satisfactory evidence to be the person(S^ whose name(SJ) \s/E^ subscribed to the within instrument and acknowledged to me that he^efcKSjjSEJi: executed the same in hisllffiOtdaM authorized capacity (iBB), and that by hiaftXSCffldXiJf signature(S) on the instrument the person(!5), or the entity upon behalf of which the personfe) 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 ai Signature: 'nature of Notary Public OPTIONAL Though this section is optional, compteting this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Signer(s) Other Than Named Above Document Date: Capacity(ies) Claimed by Signer(s) Signer's Name: • Corporate Officer — Title(s): • Partner — • Limited • General • Individual E Attorney in Fact n Trustee • Guardian or Conservator • Other: Signer's Name: • Corporate Officer — Title(s): • Partner — • Limited • General • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: Signer Is Representing: © 2013 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Te. (.73)624-7200 POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY ALLEGHENY CASUALTY COIVIPANY ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY , a corporation organized and existing under the laws of the State of New Jersey, and ALLEGHENY CASUALTY COMPANY a corporation organized and existing under the laws of the State of Pennsylvania, having their principai office in the City of Newark, New Jersey, do hereby constitute and appoint ANDREW SYSYN. RAYLENE MENDOZA Costa Mesa, CA. their true and lawful attorney(s)-in-faGt to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be aHowed, required or permitted by law, statute, rule rMulatlon, contract^ o^^^ and the execufion of such instrument(s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY, as fully and amply, to all intents and purposes^ as if the same had been duly executed and acknowledgedby their regularly elected officers at their principal offices. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By-Laws of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY and is granted under and by authorily of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 20th day of July, 2010 and by the Board of Directors of ALLEGHENY CASUALTY COMPANY at a meeting duly held on the 15th day of August, 2000: "RESOLVED, that (1) the President, Vice President, Executive Vice President or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys-in-Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalt of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointmente of jointrcontrol custodians, agents for acceptance of process, and Attorneys-in-fact with authority to execute waivers and consente on behalf of the Corporation; and (3) the signature of any such Ofncer of the Corporafion and the Corporafion's seal may be affixed by facsimile to any power of attorney or cerfificafion given for ttie execution of any bond undertaking, recognizance, contract of indemnity or ottier written obligafion in ttie nature ttiereof or related thereto, sucn signature and seals when so used whettier heretofore or hereafter, being hereby adopted by ttie Corporafion as ttie original signature of such ofticer and Uie onginal seal of the Corporafion, to be valid and binding upon ttie Corporation with the same force and effect as though manually affixed." IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and attested ttiese presente on this 12th day of March, 2012. STATE OF NEW JERSEY County of Essex ROBERT W. MINSTER Execufive Vice President/Chief Operating Officer (International Fidelity Insurance Company) and President (Allegheny Casualty Company) On this 12th day of March 2012, before me came the individual who executed the preceding instrument, to me personally known, and, being by meduly swom, said he is ttie ttierein described and authorized ofRcer of INTERNATIONAL FIDELITY INSURANCE COMPANYand ALLEGHENY CASUALTY COMPANY; that the seals affixed to said insttument are ttie Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of ttie Boards of Directors of said Companies. IN TESTIMONY WHEREOF, 1 have hereunto set my hand affixed my Official Seal, iu>Hui„ at Hie City of Newark, New Jersey ttie day and year first above written. A NOTARY PUBLIC OF NEW JERSEY My Gommission Expires April 16, 2019 CERTIFICATION I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have compared ttie foregoing copy of ttie Powerof Attorney and affidavit, and ttie copy of Uie Sectbns of the By-Laws of said Companies as set forth in said Power of Attorney, witti the originals on file in ttie home office of said companies, and ttiat the same are correct transcripte ttiereof, and of the whole of ttie said originals, and that ttie said Power of Attorney has not been revoked and is now in full force and effect. ^ TESTIMONY WHEREOF, I have hereunto set my hand this Sth day of December j 2014 MARIA BRANCO, Assistant Secretary *ISSUED IN TRIPLICATE* FAITHFUL PERFORMANCE/WARRANTY BOND Bond No, 0660180 WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. , adopted , has awarded to Intiemational Camputing Systems Inc. ^ ( hereinafter designated as the "Principal"), a Contract for: TAMARACK-FRAZEE BEACH BLUFF RESTROOM MAINTENANCE CONTRACT NO. 45091 in the City ofCarlsbad, 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, Intemational Coriputing Systems .Inc. as Princ ipai, (hereinafter designated as the "Contractor"), and Allegheny Casioalty Ccarpany '_ , as Surety, are held and firmly bound unto the City of Carlsbad, in the sum of Ninety-t±ree Thousand Four Hundred & 00/100 Dollars ($93,400.00 y said sum being equal to one hundred percent (100%) ofthe estimated amount ofthe 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 ifthe 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 agreem ents in the Contract and any alter- ation 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 Carisbad, its officers, employees and agents, as therein stipulated, then this obligation shall become null and void; othenwise it shall remain in full force and effect. As a part ofthe 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, in- curred by the City in successfully enforcing such obligation, ail 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 additi on to the terms of the contract or to the work or to the specifications. .3. Revised 1/30/13 Contract No. 45091 Page 38 of 155 Pages In the event that Contractor is an individual, it Is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this /O day of CONTRACTOR: Executed by SURETY this Sth day of December , 20 14 (name of Conl!ractQ£)j / ' SURETY: Allegheny Casualty Company (name of Surety) 18201 Von Karman Ave. #970 Irvine, CA 92612 (address of Surety) (sign here) j ^ ^ 9/u- (print name hei=e) (telephone number of Surety) 970-748-873S \j\\\e and Organization of Signatory) (signsfture of Atfoj/ey-in-Fact) (sign (pdnt I ' ' name here) (Title and Organization of signatory) 1^ Andrew Sysyn. 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 sec- retary under corporate seai empowering that officer to bind the corporation.) APPROVED AS TO FORI\^: CELIAA. BREWER City Attorney By: Assistant City Attorney ,3. Revised 1/30/13 Contract No. 45091 Page 39 of 155 Pages CORPORTE ACKNOWLEDGMENT COMMENWEALTH / STATE OF VIRGINIA COUNTYOF FAIRFAX On this, the / 0 day of Dr-r^,^he, , before me , the undersigned officer, Personally appeared iSc)mij<s.l Ur^ -^looo (^Uuo'-^ ^ c^Cnf^^ C-^'^'^t) Who acknowledged himself / herself to be the p'nigsi/Jpn+ -S. ^£.Crc\c,r^—• Of T~n|-ern^'pnQ t dmpu-fin .^,^<.Vfr^'Jv.c a corporation and that he/she as such (OR^riTTRc; being authorized to do so, executed the foregoing Instrument for the purpose therein contained by signing the name of the corporation by himself / herself as pT) EC i cfr°r^ ^ c:^(y.o--l-cr'c^ • In witness whereof, I hereunto set my hand and official seal * ••• NOTARY ••, PUBLIC •. s r : REG. #354044 : <s = : MY COMINISSION .. = : = Q • EXPIRES / f £ Vb,'----.. ^/ ''<f^LTH ^,»>*»' ""ll.llllUt"' Notary Public CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE §1189 State of California County of Orange On 12/5/14 Dafe personally appeared } before me, R. Mendoza, Notary Public Here Insert Name and Titte of the Officer Andrew Sysyn Name(s) of Signer(s) R. MENDOZA r Commission # 2047276 Z Notary Public - California i Orange County g MvComm. Expires Nov 14, 2017^ Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(g) whose name(8) \s/SM. subscribed to the within instrument and acknowledged to me that he/jetoiaSssx executed the same in hisTJJBDtdaKk authorized capacityOBB), and that by higgxBCfflCiSgJr signature^) on the instrument the person(g), or the entity upon behalf of which the person^) acted, executed the instrument. I certify under PENALTY OF PERJURY under the iaws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and Signature: ynature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Docunnent Title or Type of Document: Number of Pages: Signer(s) Other Than Named Above: Document Date: Capacity(ies) Claimed by Signer(s) Signer's Name: • Corporate Officer — Title(s): • Partner — • Limited • General • Individual E Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer's Name: • Corporate Officer — Title(s): , • Partner — • Limited • General • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: Signer Is Representing: © 2013 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 ,..-7--— —7^''—r:^-!"^ Te.(973)624 7200 RQWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY ALLEGHENY CASUALTY COMPANY ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDEUTY INSURANCE COMPANY , a corporation organized and existing under ttie laws of the State of New Jersey, and ALLEGHENY CASUALTY COMPANY a corporation organized and existing under the laws of the State ot Pennsylvania, having their prinGipaj_offce injhe_City ofj^te __. .__ _ ANDREW SYSYN. RAYLENE MENDOZA Gosta Mesa, OA. their true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, con racts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by Jaw, statute njle rMu^atro^ and the execufion of such in5tnjment{s) in pursuance of these presents, shall be as binding upon the said INTERNATipNAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASU/\LTY COMP/VNY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorney is executed, and may be revoked, pursuant to and by autiTortty of the By-Laws of INTERNATIONAL FWEI^^TY COMPANY and ALLEGHENY CASUALTY COMPANY and is granted under and by authonty of the fonowing resolution adopted by the Board of Directors of INTS^NAT^^^^ INSURANCE COMPANY at a meeting duly held on the 20th day of July, 20f0 and by the Board of Directors of ALLEGHENY CASUALTY COMPANY at a meeting duly held on the 15th day of August, 2000: "RESOLVED that (1) the President, Vice President, Executive Vice President or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of Attomeys-in-Fact or agents with power and authotity as defined or limited in their respective powers of atiorney, and to execute on tjehalt of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other wntten obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke tlie appointments of joint-control custodians, agents for acceptance of process, and Attorneys-in-fact with authority to execute waivers and consents on behalf of the Coipprajon; and (3) me signature ot any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certificabon given for the execution of any bond undertaking, recognizance, contract of indemnity orother written obligation in the nature thereof or related thereto, such signature and seals wben so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the onginal seal ot tne Gorporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed. IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and attested these presents on 'this 12th day of March, 2012. STATE OF NEW JERSEY County of Essex ROBERT W. MINSTER Executive Vice President/Chief Operating Officer (Intemational Fidelity Insurance Company) and President (Allegheny Casualty Company) On this 12th day of March 2012, before me came the individual who executed the preceding instrument, to me personally known, and, being by meduly:; sworn, said he is the therein described and authorized offtoer of INTERNATIONAL FIDELITY INSURANCE COMPMIYand ALLEGHENY CASUALTY: COMi^ANY; that the seats affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. IN TESTIMONY WHEREOF, ) have hereunto set my hand affixed my Official Seaf, at the City of Newark, New Jersey the day and year first above written. A NOTARY PUBLIC OF NEW JERSEY My Commission Expires April 16,2019 CERTIFICATION 1, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have; compared the foregoing copy of ttie Power of Attorney and affidavit, and the copy of the Sections of the By-Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the whote Of the said originals, and ttiat the said Power of Attorney has not been revoked and is now in full force and eflect. N TESTIMONY WHEREOF, I have hereunto set my hand this Sth day of December, 2014 MARiA BRANCO, Assistant Secretary OPTIONAL ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between the City of Carlsbad whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called "City" and _whose address is hereinafter called "Contractor" and whose address is hereinafter called "Escrow Agent." For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as follows: 1. Pursuant to sections 22300 and 10263 of the Public Contract Code of the State of California, the Contractor has the option to deposit securities with the Escrow Agent as a substitute for retention earnings required to be withheld by the City pursuant to the Construction Contract entered into be- tween the City and Contractor for TAMARACK-FRAZEE BEACH BLUFF RESTROOM MAINTENANCE CONTRACT NO. 45091 ^ in the amount of dated (hereinafter referred to as the "Contract"). Alternatively, on written request of the Contractor, the City shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the City within 10 days of the deposit. The Escrow Agent shall maintain insurance to cover negligent acts and omissions ofthe Escrow Agent in connection with the handling of retentions under these sections in an amount not less than $100,000 per contract. The market value of the securities at the time of the substitution shall be a least equal to the cash amount then required to be withheld as retention under the terms of the contract between the City and Contractor. Securities shall be held in the name of the City and shall designate the Con- tractor as the beneficial owner. 2. The City shall make progress payments to the Contractor for such funds which othenwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. 3. When the City makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until such time as the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions ofthis agreement and the rights and responsibilities ofthe parties shall be equally applicable and binding when the City pays the Escrow Agent directly. 4. The Contractor shall be responsible for paying all fees for the expenses incurred by the Escrow Agent in administering the Escrow Account and all expenses ofthe City. These expenses and payment terms shall be determined by the City, Contractor and Escrow Agent. 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal Sipr by Contractor at any time and from time to time without notice to the City. .3. Revised 1/30/13 Contract No. 45091 Page 40 of 155 Pages 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from City to the Escrow Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor. 7. The City shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days' written notice to the Escrow Agent from the City of the default, the Escrow Agent shall immediately convert the securities to cash and shall disthbute the cash as instructed by the City. 8. Upon receipt of written notification from the City certifying that the Contract is final and complete and that the Contractor has complied with all requirements and procedures applicable to the Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. 9. The Escrow Agent shall rely on the written notifications from the City and the Contractor pursuant to sections (1) to (8), inclusive, of this agreement and the City and Contractor shall hold Escrow Agent harmless from Escrow Agent's release, conversion and disbursement of the securities and interest as set forth above. 10. The names of the persons who are authorized to give written notices or to receive written notice on behalf ofthe City and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: For City: Title Name FINANCE DIRECTOR Signature For Contractor: For Escrow Agent: Address 1635 Faradav Avenue, Carlsbad, CA 92008 Title Name Signature. Address t^U^^ L^s^^^^^'^'*-^ fc^tCe^p-v Title Name Signature Address At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. .3.^^ Revised 1/30/13 Contract No. 45091 Page 41 of 155 Pages IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. For City; Title MAYOR Name Signature Address 1200 Carlsbad Village Drive, Carlsbad. CA 92008 For Contractor: For Escrow Agent: Title ^hiz^jjkl Name t<^'- Signature Address J^^.f o. (y> Title Name Signature. Address .3.^^ Revised 1/30/13 Contract No. 45091 Page 42 of 155 Pages GENERAL PROVISIONS FOR TAMARACK/FRAZEE BEACH BLUFF RESTROOM MAINTENANCE CONTRACT NO. 45091 CITYOFCARLSBAD BIDDERS ARE ADVISED THAT THIS SECTION REPLACES PART 1, QENERAL PROVISIONS, OF THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION SECTION 1 - TERMS, DEFINITIONS, ABBREVIATIONS, AND SYMBOLS 1-1 TERMS - Unless otherwise stated, the words directed, required, permitted, ordered, in- structed, designated, considered necessary, prescribed, approved, acceptable, satisfactory, or words of like meaning, refer to actions, expressions, and prerogatives of the Engineer. 1-1.1 Reference to Drawings. Where words "shown", "indicated", "detailed", "noted", "sched- uled", or words of similar import are used, it shall be understood that reference is made to the plans accompanying these provisions, unless stated otherwise. 1 -1.2 Directions. Where words "directed", "designated", "selected", or words of similar import are used, it shall be understood that the direction, designation or selection ofthe Engineer is in- tended, unless stated otherwise. The word "required" and words bf similar import shall be un- derstood to mean "as required to properly complete the work as required and as approved by the Engineer," unless stated othenvise. 1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "equivalent", and such words of similar import are used, it shall be understood such words are followed by the ex- pression "in the opinion of the Engineer", unless otherwise stated. Where the words "ap- proved", "approval", "acceptance", or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Engineer is intended. 1-1.4 Perfomi. The word "perfomi" shall be understood to mean that the Contractor, at its ex- pense, shall perfonn all operations, labor, tools and equipment, and further, including the fur- nishing and installing of materials that are indicated, specified or required to mean that the Con- tractor, at its expense, shall furnish and install the work, complete in place and ready to use, in- cluding fumishing of necessary labor, materials, tools, equipment, and transportation. Revised 8/10/10 Contract No.4509 Page 43 of 155 1-2 Definitions. The following words, or groups of words, shall be exclusively defined by the definitions assigned to them herein. Addendum - Written or graphic instrument issued prior to the opening of Bids which clarifies, corrects, or changes the bidding or Contract Documents. The term Addendum shall include bul- letins and all other types of written notices issued to potential bidders prior to opening of Bids. Agency - The City of Carlsbad, California. Agreement - See Contract. Assessment Act Contract - A Contract financed by special assessments authorized under a State Act or procedural ordinance of a City or County. Base - A layer of specified material of planned thickness placed immediately below the pave- ment or surfacing. Bid - The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices for the Work. Bidder - Any individual, firm, partnership, corporation, or combination thereof, submitting a Bid for the Work, acting directly or through a duly authorized representative. Board - The officer or body constituting the awarding authority of the Agency, which is the City Council for the City of Carlsbad or the Board of Directors of Carlsbad IVIunicipal Water District. Bond - Bid, perfonnance, and payment bond or other instrument of security. City Council - the City Council of the City of Carlsbad. City IVIanager - the City Manager of the City of Carlsbad or his/her approved representative. Cash Contract - A Contract financed by means other than special assessments. Change Order - A written order to the Contractor signed by the Agency directing an addition, deletion, or revision in the Work, or an adjustment in the Contract Price or the Contract time is- sued after the effective date of the Contract. A Change Order may or may not also be signed by the Contractor. Code - The terms Govemment Code, Labor Code, etc., refer to codes of the State of California. Construction Manager - the Project Inspector's immediate supervisor and first level of appeal for informal dispute resolution. Contract - The written agreement between the Agency and the Contractor covering the Work. .3 Revised 8/10/10 Contract No.4509 Page 44 of 155 Contract Documents - Including but not limited to; the Contract, any Addendum (which pertain to the contract documents). Notice Inviting Bids, Instructions to Bidders; Bid (including docu- mentation accompanying the Bid and any post-bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Contract, the Bonds, the General Provisions, per- mits from other agencies, the Technical Specifications, the Supplemental Provisions, the Plans, Standard Plans, Standard Specifications, Reference Specifications, and all Modifications issued after the execution of the Contract. Contractor - The individual, partnership, corporation, joint venture, or other legal entity having a Contract with the Agency to perform the Work. In the case of work being done under pennit issued by the Agency, the permittee shall be constructed to be the Contractor. The term "prime contractor" shall mean Contractor. Contract Price - The total amount of money for which the Contract is awarded. Contract Unit Price - The amount stated in the Bid for a single unit of an item of work. County Sealer - The Sealer of Weights and Measures of the county in which the Contract is let. Days - Days shall mean consecutive calendar's days unless othenwise specified. Deputy City Engineer, Construction Management & Inspection - The Construction Man- ager's immediate supervisor and second level of appeal for informal dispute resolution. Dispute Board - Persons designated by the City Manager of the City of Carlsbad or Executive Manager of the Carlsbad Municipal Water District, to hear and advise the City Manager on claims submitted by the Contractor. The City Manager for the City of Carlsbad or the Executive Manager for the Carlsbad Municipal Water District is the last appeal level for informal dispute resolution. Electrolier - Street light assembly complete, including foundation, standard, luminaire arm, lu- minaire, etc. Engineer - The City Engineer of the City of Carlsbad or his/her approved representative. The Engineer is the third level of appeal for informal dispute resolution. Geotextile - Synthetic fiber used in civil engineering applications, sen/ing the primary functions of separation and filtration. House Connection Sewer - A sewer, within a public street or right-of-way, proposed to con- nect any parcel, lot, or part of a lot with a mainline sewer. House Sewer - A sewer, wholly within private property, proposed to connect any building to a house connection sewer. Luminaire - The lamp housing including the optical and socket assemblies (and ballast if so specified). Luminaire Arm - The structural member, bracket, or mast amri, which, mounted on the stand- ard, supports the luminaire. Revised 8/10/10 Contract No.4509 p^gg 45 Qf 155 Minor Bid Item - A single contract item constituting less than 10 percent (10%) of the original Contract Price bid. Modification - Includes Change Orders and Supplemental Agreements. A Modification may only be used after the effective date of the Contract. Notice of Award - The written notice by the Agency to the successful Bidder stating that upon compliance by it with the required conditions, the Agency will execute the Contract. Notice to Proceed - A written notice given by the Agency to the Contractor fixing the date on which the Contract time will start. Own Organization - When used in Section 2-3.1 - Employees of the Contractor who are hired, directed, supervised and paid by the Contractor to accomplish the completion of the Work. Fur- ther, such employees have their employment taxes. State disability insurance payments. State and Federal income taxes paid and administered, as applicable, by the Contractor. When used in Section 2-3.1 "own organization" means construction equipment that the Contractor owns or leases and uses to accomplish the Work. Equipment that is owner operated or leased equip- ment with an operator is not part of the Contractor's Own Organization and will not be included for the purpose of compliance with Section 2-3.1. Person - Any individual, firm, association, partnership, corporation, trust, joint venture, or other legal entity. Plans - The drawings, profiles, cross sections, working drawings, and supplemental drawings, or reproductions thereof, approved by the Engineer, which show the location, character, dimen- sions, or details of the Work. Private Contract - Work subject to Agency inspection, control, and approval, involving private funds, not administered by the Agency. Project Inspector - The Engineer's designated representative for inspection, contract admin- istration and first level for informal dispute resolution. Proposal - See Bid. Reference Specifications - Those bulletins, standards, rules, methods of analysis or test, codes, and specifications of other agencies, engineering societies, or industrial associations re- ferred to in the Contract Documents. These refer to the latest edition, including amendments in effect and published at the time of advertising the project or issuing the permit, unless specifi- cally referred to by edition, volume, or date. Roadway - The portion of a street resen/ed for vehicular use. Service Connection - Sen/ice connections are all or any portion of the conduit, cable, or duct, including meter, between a utility distribution line and an individual consumer. Sewer - Any conduit intended for the reception and transfer of sewage and fluid industrial waste. Specifications - General Provisions, Standard Specifications, Technical Specifications, Refer- ence Specifications, Supplemental Provisions, and specifications in Supplemental Agreements between the Contractor and the Board. .3 Revised 8/10/10 Contract No.4509 Page 46 of 155 Standard - The shaft or pole used to support street lighting luminaire, traffic signal heads, mast arms, etc. Standard Plans - Details of standard structures, devices, or instructions referred to on the Plans or in Specifications by title or number. Standard Specifications - The Standard Specifications for Public Works Construction (SSPWC), the "Greenbook". State - State of California. Storm Drain - Any conduit and appurtenances intended for the reception and transfer of storm water. Street - Any road, highway, parkway, freeway, alley, walk, or way. Subbase - A layer of specified material of planned thickness between a base and the sub- grade. Subcontractor - An individual, fimn, or corporation having a direct contract with the Contractor or with any other Subcontractor for the performance of a part of the Work. Subgrade - For roadways, that portion of the roadbed on which pavement, surfacing, base, subbase, or a layer of other material is placed. For structures, the soil prepared to support a structure. Supervision - Supen/ision, where used to indicate supervision by the Engineer, shall mean the performance of obligations, and the exercise of rights, specifically imposed upon and granted to the Agency in becoming a party to the Contract. Except as specifically stated herein, supen/i- sion by the Agency shall not mean active and direct superintendence of details of the Work. Supplemental Agreement - A written amendment of the Contract Documents signed by both parties. Supplemental Provisions - Additions and revisions to the Standard Specifications setting forth conditions and requirements peculiar to the work. Surety - Any individual, firm, or corporation, bound with and for the Contractor for the accepta- ble performance, execution, and completion of the Work, and for the satisfaction of all obliga- tions incurred. Tonne - Also referred to as "metric ton". Represents a unit of measure in the International Sys- tem of Units equal to 1,000 kilograms. Utility - Tracks, overhead or underground wires, pipeline, conduits, ducts, or structures, sew- ers, or storm drains owned, operated, or maintained in or across a public right of way or private easement. Work - That which is proposed to be constructed or done under the Contract or permit, includ- ing the furnishing of all labor, materials, equipment, and services. Revised 8/10/10 Contract No.4509 pg^gg 47 of 155 Revised 8/10/10 Contract No.4509 p^gg 43 of 155 1-3 ABBREVIATIONS 1-3.1 General. The abbreviation herein, together with others in general use, are applicable to these Standard Specifications and to project Plans or other Contract Documents. All abbreviations and symbols used on Plans for structural steel construction shall conform to those given by the "Manual of Steel Construction" published by the American Institute of Steel Construction, Inc. 1-3.2 Common Usage Abbreviation Word or Words ABAN Abandon ABAND Abandoned ABS Acrylonitrile - butadiene - styrene AC Asphalt Concrete ACP Asbestos cement pipe ACWS Asptialt concrete wearing surface ALT Alternate ARTS Apartment and Apartments AMER STD American Standard AWG American Wire Gage (nonferrous wire) BC Beginning of curve BCR Beginning of curb retum BDRY Boundary BF Bottom of footing BLDG Building and Buildings BM Bench mark BVC Beginning of vertical curve B/w BackofwaU C/C Center to center CAB Crushed aggregate base CAL/OSHA California Occupational Safety and Health Administration CalTrans Califomia Department of Transportation CAP Corrugated aluminum pipe CB Catch Basin Ch'. Curb CBP Catch Basin Connection Pipe CBR California Bearing Ratio CCR California Code of Regulations CCTV Closed Circuit TV CES Carlsbad Engineering Standards CF Curb face CF Cubic foot C&G Curb and gutter CFR Code of Federal Regulations CFS Cubic Feet per Second CIP Cast iron pipe CIPP Cast-in place pipe CL Clearance, center line CLF Chain link fence CMB Crushed miscelianeous base CMC Cement mortar-coated CML Cement mortar-lined CMWD Carlsbad Municipal Water District CO Cleanout (Sewer) COL Column COMM Commercial CONC Concrete CONN Connection CONST Construct, Construction COORD Coordinate CSP Corrugated steel pipe CSD Carlsbad Standard Drawings CTB Cement treated base CV Check valve CY Cubic yard D Load of pipe dB Decibels DBL Double DF Douglas fir DIA Diameter DIP Ductile iron pipe DL Dead load DR Dimension Ratio DT I^rain Tile DWG Drawing DWY Driveway DWY APPR Driveway approach E Eiectric EA Each EC End of curve ECR End of curb retum EF Each face EG Edge of gutter EGL Energy grade line El Elevation ELC Electrolier lighting conduit ELT Extra long ton ENGR Engineer, Engineering EP Edge of pavement ESMT Easement ETB Emulsion-treated base EVC End of vertical curb EWA Encina Wastewater Authority EXC Excavation EXP JT Expansion joint EXST Existing F Fahrenheit F&C Frame and cover F&l Furnish and install Revised 8/10/10 Contract No.4509 Page 49 of 155 FAB Fabricate FAS Flashing arrow sign FD Floordrain FDN Foundation FED SPEC Federal Specification FG Finished grade FH Fire hydrant FL Flow line FS Finished surface FT-LB Foot-pound FTG Footing FW Face of wall G Gas GA Gauge GAL Gallon and Gallons GALV Galvanized GAR Garage and Garages GIP Galvanized iron pipe GL Ground line or grade line GM Gas meter GNV Ground Not Visible GP Guy pole GPM gallons per minute GR Grade GRTG Grating GSP Galvanized steel pipe H High or height HB Hose bib HC House connection HDWL Headwall HGL Hydraulic grade line HORIZ Horizontal HP Horsepower HPG High pressure gas HPS High pressure sodium (Light) HYDR Hydraulic IE Invert Elevation ID Inside diameter INCL Including INSP Inspection INV Invert IP Iron pipe JC Junction chamber JCT Junction JS Junction stmcture JT Joint L Length LAB Laboratory LAT Lateral LB Pound LD Local depression LF Linear foot LH Lamp hole LL Live load LOL Layout line LONG Longitudinal LP Lamp post LPS Low pressure sodium (Light) LS Lump sum LTS Lime treated soil LWD Leucadia Wastewater District MAINT Maintenance MAX Maximum MCR Middle of curb return MEAS Measure MH Manhole, maintenance hole MIL SPEC Military specification MISC Miscellaneous MOD Modified, modify MON Monument MSL ..Mean Sea Level (Reg. Standard Drawing M-12) MTBM Microtunneling Boring Machine MULT Multiple MUTCD Manual on Uniform Traffic Control Devices MVL Mercury vapor light NCTD North County Transit District NRCP Nonreinforced concrete pipe OBS Obsolete OC On center OD Outside diameter OE Outer edge OHE Overtiead Electric OMWD Olivenhain Municipal Water District OPP Opposite ORIG Original PB Pull box PC Point of curvature PCC Portland cement concrete or point of compound curvature PCVC Point of compound vertical cun/e PE Polyethylene PI Point of intersection PL Property line PMB Processed miscellaneous base POC Point on curve POT Point on tangent PP Power pole PRC Point of reverse cun/e PRVC Point of reverse vertical curve PSI Pounds per square inch PT Point of tangency PVC Polyvinyl chloride PVMT Pavement PVT R/W Private right-of-way Q Rate of flow in cubic feet per second QUAD Quadrangle, Quadrant R Radius R&O Rock and oil R/W Right-of-way RA Recycling agent RAC Recycled asphalt concrete RAP Reclaimed asphalt pavement RBAC Rubberized asphalt concrete RC Reinforced concrete RCB Reinforced concrete box RCE Registered civil engineer RCP Reinforced concrete pipe RCV Remote control valve REF Reference REINF Reinforced or reinforcement RES Resen/oir RGE Registered geotechnical engineer ROW RIght-of-Way RR Railroad RSE Registered structural engineer RTE Registered traffic engineer Revised 8/10/10 Contract No.4509 Page 50 of 155 S Sewer or Slope, as applicable SCCP Steel cylinder concrete pipe SD Storm drain SDNR San Dlego Northern Railway SDR Standard thermoplastic pipe dimension ratio (ratio of pipe O.D. to minimum wall thickness) SDRSD San Diego Regional Standard Drawings SE Sand Equivalent SEC Section SF Square foot SFM Sewer Force Main Sl International System of Units (Metric) SPEC Specifications SPPWC Standard Plans for Public Works Construction SSPWC Standard Specifications for Public Works Construction ST HWY State highway STA Station STD Standard STR Straight STRGR Straight grade STRUC Structural/Structure SW Sidewalk SWD Sidewalk drain SY Square yard T Telephone TAN Tangent TC Topof curb TEL Telephone TF Top of footing TOPO Topography TR Tract TRANS Transition TS Traffic signal or transition structure TSC Traffic signal conduit TSS Traffic signal standard TW Top of wall TYP Typical UE Underground Electric USA Underground Sen/ice Alert VAR Varies, Variable VB Valve box VC Vertical curve VCP Vitrified clay pipe VERT Vertical VOL Volume VWD Vallecitos Water District W Water, Wider or Width, as applicable WATCH Work Area Traffic Control Handbook Wl Wrought iron WM Water meter WPJ Weakened plane joint XCONN Cross connection XSEC Cross section 1-3.3 Institutions. Abbreviation Word or Words AASHTO American Association of State Highway and Transportation Officials AISC American Institute of Steel Construction ANSI American National Standards Institute API American Petroleum Institute AREA American Railway Engineering Association ASTM American Society for Testing and Materials AWPA American Wood Presen/ers Association AWS American Welding Society AWWA American Water Works Association FHWA Federal Highway Administration GRI Geosynthetic Research Institute NEMA National Electrical Manufacturers Association NOAA National Oceanic and Atmospheric Administration (Dept. of Commerce) UL Undenwriters' Laboratories Inc. USGS United States Geological Survey Revised 8/10/10 Contract No.4509 Page 51 of 155 1-4 UNITS OF MEASURE. 1-4.1 General. U.S. Standard Measures, also called U.S. Customary System, are the principal measurement system in these specifications. However, certain material specifications and test requirements contained herein use SI units specifically and conversions to U.S. Standard Measures may or may not have been included in these circumstances. When U.S. Standard Measures are not included in parenthesis, then the SI units shall control. S.l. units and U.S. Standard Measures in parenthesis may or may not be exactly equivalent. Reference is also made to ASTM E 380 for definitions of various units of the SI system and a more extensive set of conversion factors. 1-4.2 Units of Measure and Their Abbreviations. U.S. Customarv Unit (Equal To) SI Unit fAbbreviatioriiT (Abbreviations) 1 mil (=0.001 in) 25.4 micrometer (jim) 1 inch (in) 25.4 millimeter (mm) 1 inch (in) 2.54 centimeter (cm) 1 foot (ft) 0.3048 meter (m) 1 yard (yd) 0.9144 meter (m) 1 mile (mi) 1 -6093 kilometer (km) 1 square foot (ft^) 0.0929 square meter fm^) 1 square yard (yd^) 0.8361 square meter (m^) 1 cubic foot (ft^) 0.0283 cubic meter (m^) 1 cubic yard (yd^) 0.7646 cubic meter (m^) 1 acre 0.4047 hectare (ha) 1 U.S. gallon (gal) 3.7854 Liter (L) 1 fluid ounce (ll. oz.) 29.5735 millileter (mL) 1 pound mass (Ib) (avoirdupois) 0.4536 kilogram (kg) J 1 ounce mass (oz) 0.02835 kilogram (kg) 1 Ton (=2000 Ib avoirdupois) 0.9072 Tonne (= 907 kg) 1 Poise 0.1 pascal second (Pa s) 1 centistoke (cs) 1 square millimeters per second (mm^/s) 1 pound force (Ibf) 4.4482 Newton (N) 1 pounds per square inch (psi) 6.8948 Kilopascal (kPa) 1 pound force per foot (Ibf/ft) 1.4594 Newton per meter (N/m) 1 foot-pound force (ft-lbf) 1.3558 Joules (J) 1 foot-pound force per second ([ft-lbf]/s) 1.3558 Watt (W) 1 part per million (ppm) 1 milligram/liter (mg/L) Temperature Units and Abbreviations Degree Fahrenheit (°F): Degree Celsius (°C): °F = (1.8 X °C) + 32 °C = (°F - 32)/1.8 1 Ampere (A) 1 Volt (V) 1 Candela (cd) 1 Lumen (Im) 1 second (s) SI Units (abbreviation) Commonly Used in Both Systems Revised 8/10/10 Contract No.4509 Page 52 of 155 Common IVietric Prefixes kilo (k) centi (c)... milli (m)... micro (^). nano (n)., pico (p).. 103 10-2 10-3 10-6 10-9 10-12 1-5 SYMBOLS A Z / o PL CL SL Delta, the central angle or angle between tangents Angle Percent Feet or minutes Inches or seconds Number 3er or (between words) Degree Property line Centertine Survey line or station line Revised 8/10/10 Contract No.4509 Page 53 of 155 SECTION 2 - SCOPE AND CONTROL OF WORK 2-1 AWARD AND EXECUTION OF CONTRACT. Award and execution of Contract will be as provided for in the Specifications, Instruction to Bidders, or Notice Inviting Bids. 2-2 ASSIGNMENT. No Contract or portion thereof may be assigned without consent of the Board, except that the Contractor may assign money due or which will accrue to it under the Contract. If given written notice, such assignment will be recognized by the Board to the extent permitted by law. Any assignment of money shall be subject to all proper withholdings in favor of the Agency and to all deductions provided for in the Contract. All money withheld, whether as- signed or not, shall be subject to being used by the Agency for completion of the Work, should the Contractor be in default. 2-3 SUBCONTRACTS. 2-3.1 General. Each Bidder shall comply with the Chapter of the Public Contract Code includ- ing Sections 4100 through 4113. The following excerpts or summaries of some of the require- ments of this Chapter are included below for infonnation: The Bidder shall set forth in the Bid, as provided in 4104: "(a) The name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvements, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabri- cates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of 1 percent of the prime contractor's total bid, or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the prime contractor's total bid or ten thousand dollars ($10,000), whichever is greater." "(b) The portion of the work which will be done by each such subcontractor under this act. The prime contractor shall list only one subcontractor for each such portion as is defined by the prime contractor in his bid." If tfie Contractor falls to specify a Subcontractor, or specifies more than one Subcontractor for the same portion of the work to be perfomied under the Contract (in excess of one-half of 1 percent of the Contractor's total Bid), the Contractor shall be qualified to perfomn that portion itself, and shall perform that portion itself, except as otherwise provided in the Code. As provided in Section 4107, no Contractor whose Bid is accepted shall substitute any person as Subcontractor in place of the Subcontractor listed in the original Bid, except for causes and by procedures established in Section 4107.5. This section provides procedures to correct a cler- ical error in the listing of a Subcontractor. Revised 8/10/10 Contract No.4509 Page 54 of 155 Section 4110 provides that a Contractor violating any of the provisions of the Chapter violates the Contract and the Board may exercise the option either to cancel the Contract or assess the Contractor a penalty in an amount of not more than 10 percent of the subcontract involved, after a public hearing. Should the Contractor fail to adhere to the provisions requiring the Contractor to complete 50 percent of the contract price with its own organization, the Agency may at its sole discretion elect to cancel the contract or deduct an amount equal to 10 percent of the value of the work performed in excess of 50 percent of the contract price by other than the Contractor's own or- ganization. The Board shall be the sole body for detennination of a violation of these provisions. In any proceedings under this section, the prime contractor shall be entitled to a public hearing before the Board and shall be notified ten (10) days in advance of the time and location of said hearing. The detennination of the City Council shall be final. 2-3.2 Additional Responsibility. The Contractor shall give personal attention to the fulfillment of the Contract and shall keep the Work under its control. The Contractor shall perform, with its own organization, Contract work amounting to at least 50 percent of the Contract Price except that any designated "Specialty Items" may be performed by subcontract, and the amount of any such "Specialty Items" so performed may be deducted from the Contract Price before computing the amount required to be perfonned by the Contrac- tor with its own organization. "Specialty Items" will be identified by the Agency in the Bid or Pro- posal. Where an entire item is subcontracted, the value of work subcontracted will be based on the Contract Unit Price. When a portion of an item is subcontracted, the value of wori< subcon- tracted will be based on the estimated percentage of the Contract Unit Price. This will be deter- mined from information submitted by the Contractor, and subject to approval by the Engineer. Before the work of any Subcontractor is started, the Contractor shall submit to the Engineer for approval a written statement showing the work to be subcontracted giving the name and busi- ness of each Subcontractor and description and value of each portion of the work to be so sub- contracted. 2-3.3 Status of Subcontractors. Subcontractors shall be considered employees of the Con- tractor, and the Contractor shall be responsible for their work. 2-4 CONTRACT BONDS. Before execution of the Contract, the Bidder shall file surety bonds with the Agency to be approved by the Board in the amounts and for the purposes noted below. Bonds issued by a surety, who is authorized to issue bonds in California, and whose bonding limitation shown in said circular is sufficient to provide bonds in the amount required by the Contract shall be deemed to be approved unless specif ically rejected by the Agency. Bonds from ail other sureties shall be accompanied by all of the documents enumerated in Code of Civil Procedure 995.660 (a). The Bidder shall pay all bond premiums, costs, and inci- dentals. Each bond shall incorporate, by reference, the Contract and be signed by both the Bidder and Surety and the signature of the authorized agent of the Surety shall be notarized. The Contractor shall provide a faithful perfomiance/warranty bond and payment bond (labor and malerials bond) for this contract. The faithful performance/warranty bond shall be in a sum not less than one hundred percent of the total amount payable by the terms of this contract. The Contractor shall provide bonds lo secure payment of laborers and materials suppliers in a sum not less than one hundred percent of the total amount payable by the terms of this contract. .3 ^*f^ Revised 8/10/10 Contract No.4509 Pagg 55 of 155 Both bonds shall extend in full force and effect and be retained by the Agency during this project until they are released according to the provisions of this section. The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 days after recordation of the fiotice of Completion and will remain in full force and effect for the one year warranty period and until all warranty repairs are completed to the satisfaction of the Engineer. The bonds to secure payment of laborers and materials suppliers shall be re- leased six months plus 30 days after recordation of the Notice of Completion if all claims have been paid. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the following documents: 1) An original, or a certified copy, of the un-revoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commis- sioner. If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of the insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the execution of the bond. The financial statement shall be made by an officer's certificate as defined in Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may be verified by the oath of the principal officer or manager residing within the United States. Should any bond become insufficient, the Contractor shall renew the bond within 10 days after receiving notice from the Agency. Should any Surety at any time be unsatisfactory to the Board, notice will be given the Contractor to that effect. No further payments shall be deemed due or will be made under the contract until a new Surety shall qualify and be accepted by the Board. Changes in the Work or extensions of time, made pursuant to the Contract, shall in no way re- lease the Contractor or Surety from its obligations. Notice of such changes or extensions shall be waived by the Surety. Revised 8/10/10 Contract No.4509 Page 56 of 155 2-5 PLANS AND SPECIFICATIONS. 2-5.1 General. The Contractor shall keep at the Work site a copy of the Plans and Specifica- tions, to which the Engineer shall have access at all times. The specifications for the work include the General Provisions, project technical specifications, Carisbad Engineering Standards (CES), Standard Specifications for Public Works Construction, (SSPWC), Part 2 & 3, and the latest supplements thereto, current edition at the time of bid opening as published by the "Greenbook" Committee of Public Works Standards, lnc.,| herein- after designated "SSPWC", as amended. The construction plans consist of one (1) set. The set is designated as City of Carisbad Draw- ing Set, Tamarack Restroom Remodel/Outdoor Shower Addition and consists of six (6) sheets. The standard drawings used for this project are the latest edition of the San Diego Area Re- gional Standard Drawings, hereinafter designated SDRSD, as issued by the San Diego County Department of Public Works, together with the most recent editions of the City of Carisbad Engi- neering Standards and Carisbad Standard Drawings, as issued by the City of Carisbad and the Carlsbad Municipal Water District, hereinafter designated as CES and CSD, respectively. Cop- ies of some of the pertinent standard drawings are enclosed as an appendix to these General Provisions. The Plans, Specificalions, and olher Conlract Documents shall govern the Worl<. The Conlract Documents are intended to be complementary and cooperative. Anything specified in the Specifications and not shown on the Plans, or shown on the Plans and not specified in the Specifications, shall be as though shown on or specified in bolh. The Plans shall be supplemented by such working drawings and shop drawings as are neces- sary to adequately control the Work. The Contractor shall ascertain the existence of any conditions affecting the cost of the Work through a reasonable examination of the Work site prior to submitting the Bid. Existing improvements visible at the Wori< site, for which no specific disposition is made on the Plans, but which interfere with the completion of the Work, shall be removed and disposed of by the Contractor. The Contractor shall, upon discovering any error or omission in the Plans or Specifications, im- mediately call it to the attention of the Engineer. 2-5.2 Precedence of Contract Documents. If there is a conflict between Contract Documents, the document highest in precedence shall control. The precedence shall be the most recent edition of the following documents listed in order of highest to lowest precedence: 1) Change orders, whichever occurs last. 2) Contract addenda, whichever occurs last. 3) Contract 4) Carlsbad General Provisions, Technical Specifications, and Supplemental Provisions. 5) Plans. 6) Standards plans. a) City of Carlsbad Standard Drawings. b) Carisbad Municipal Water District Standard Drawings. .3 Revised 8/10/10 Contract No.4509 Pagg 57 gf 155 c) City of Carlsbad modifications to the San Diego Area Regional Standard Drawings. d) San Diego Area Regional Standard Drawings. e) Traffic Signal Design Guidelines and Standards. f) State of California Department of Transportation Standard Plans. g) State of California Department of Transportation Standard Specifications. h) California Manual on Uniform Traffic Control Devices (CA MUTCD). 7) Standard Specifications for Public Works Construction, as amended. 8) Reference Specifications. 9) Manufacturer's Installation Recommendations Detail drawings shall take precedence over general drawings. Change Orders, Supplemental Agreements and approved revisions to Plans and Specifications will take precedence over items 2) through 9) above. Detailed plans and plan views shall have precedence over general plans. 2-5.3 Submittals. 2-5.3.1 General. Submittals shall be provided, at the Contractor's expense, as required in 2-5.3.2, 2-5.3.3 and 2-5.3.4, when required by the Plans or Special Provisions, or when re- quested by the Engineer. Materials shall neither be furnished nor fabricated, nor shall any work for which submittals are required by performed, before the required submittals have been reviewed and accepted by the Engineer. Neither review nor acceptance of submittals by the Engineer shall relieve the Con- tractor from responsibility for errors, omissions, or deviations from the Contract Documents, un- less such deviations were specifically called to the attention of the Engineer in the letter of trans- mittal. The Contractor shall be responsible for the correctness of the submittals. The Contractor shall allow a minimum of 20 working days for review of submittals unless other- wise specified in the Special Provisions. Each submittal shall be accompanied by a letter of transmittal. Each submittal shall be consecutively numbered. Resubmittals shall be labeled with the number of the original submittal followed by an ascending alphabetical designation (e.g. The label '4-C' would indicate the third instance that the fourth submittal had been given to the Engineer). Each sheet of each submittal shall be consecutively numbered. Each set of shop drawings and submittals shall be accompanied by a letter of transmittal on the Contractor's letterhead. The Letter of Transmittal shall contain the following: 1) Project title and Agency contract number. 2) Number of complete sets. 3) Contractor's certification statement. 4) Specification section number(s) pertaining to material submitted for review. 5) Submittal number (Submittal numbers shall be consecutive including subsequent submittals for the same materials.) 6) Description of the contents of the submittal. 7) Identification of deviations from the contract documents. Revised 8/10/10 Contract No.4509 p^gg 53 Q| .| 55 When submitted lot the Engineer's review, Shop Drawings shall bear the Contractor's certifica- tion that the Contractor has reviewed, checked, and approved lhe Shop Drawings and Ihat they are in conformance with the requkements of the Contract Documents. The Contractor shall subscribe to and shall place the foilowing cerlification on ail submittals: "I hereby certify that the (aquipment, material) shown and marked in This submittal is that pro- posed to be incorporated into this Project, is in compliance with the Contract {Documents, can be installed in the allocated spaces, and is submitted for approval." By: Title: Date: Company f^ame: o 2-5.3.2 Working Drawmgs. Working drawings are drawings showing details not shown on the Plans which are required to be designed by the Contractor. Working drawings ^all be of a size and scale to clearly show all necessary details. Six copies and one reproducible shall be submitted. If no revisions are required, three of the copies will be returned to the Conlractor it revisions are required, the Engineer wili return one copy along wrth the reproducible ior resubmission. Upon acceptance, the Engineer will retum two of the copies to the Contractor and retain the remaining copies and the reproducible. Working drawings are required in the fotlowing sections; TABLE 2-5.3.2 (A) ttem Section Num-Tltre ber 1 7-1 OAI Safety Orders Trench Shonng 2 207-2.5 Joints Reinforced Concreta Pipe 3 207-8.4 Joints Vitrified Clay Ptpe 4 207-10.2.1 Gensral Fabricated Steel Pipe 5 300-3.2 Cofferdams Structure Excavation & Backfill 6 303-1.6.1 General Falseworic 7 303-1.7.1 General Placing Reintorcement S 303-ai General Prestressed Concrete Construction 9 304-1 1.1 Shop Dranvings Structural Steel to 304-1.1.2 Falsework Plans Structural Steel 11 304-2.1 General Metal Hand Railings 12 306-2.1 Genera 1 Jacking Operations 13 306-3.1 General Tunneling Operations 14 306-3.4 Tunnel Supports Tunneling Operalions 15 306-6 Remodeling Exisling Sewer Facili- t'lac Polyethylene Liner Installation 16 306-3 Lie^ Microtunneling Microtunneling Operations 17 307-4.3 Controller Cabinet Wirinq Diaqrams Traffic Sionai Constructfon Working drawings listed above as Items 5,6, 8, 9, 10, 12, 13, 14 and 16 shall be prepared by a Civil or Structural Engineer registered by the State of California. .3 Revised S/IO/IO Contract No 4509 Page 59 ot 155 2-5.3.3 Shop Drawings. Shop drawings are drawings showing details of manufactured or as- sembled products proposed to be incorporated Into the Work. Shop drawings required shall be as specified In the Special Provisions. 2-5.3.4 Supporting Information. Supporting Information is information required by the Specifi- cations for the purposes of administration of the Contract, analysis for verification of conform- ance with the Specifications, the operation and maintenance of a manufactured product or sys- tem to be constructed as part of the Work, and other Information as may be required by the En- gineer. Six copies of the supporting Information shall be submitted to the Engineer prior to the start of the Work unless othenwise specified In the Special Provisions or directed by the Engi- neer. Supporting Information for systems shall be bound together and Include all manufactured Items for the system. If resubmittal Is not required, three copies will be returned to the Contrac- tor. Supporting Information shall consist of the following and is required unless othenwise speci- fied In the Special Provisions: 1) List of Subcontractors per 2-3.2. 2) List of Materials per 4-1.4. 3) Certifications per 4-1.5. 4) Construction Sctiedule per 6-1. 5) Confined Space Entry Program per 7-10.4.4. 6) Concrete mix designs per 201-1.1. 7) Asptialt concrete mix designs per 203-6.1. ... j . 8) Data including, but not limited to, catalog stieets, manufacturer's broctiures, tectinical bulletins, specifications, diagrams, product samples, and otfier infonnation necessary to describe a system, product or item. Ttiis information is required for irngation systems, street lighting systems, and traffic signals, and may also be required for any product, manufactured item, or system. 2-5.4RECORD DRAWINGS. The Contractor shall provide and keep up-to-date a complete "as built" record set of blue-line prints, which shall be corrected In red daily and show every change from the original drawings and specifications and the exact "as-built" locations, sizes and kinds of equipment, underground piping, valves, and all other work not visible at surface grade. Prints for this purpose may be obtained from the Agency at cost. This set of drawings shall be kept on the job and shall be used only as a record set and shall be delivered to the Engineer within ten (10) days of completion of the work. Payment for perfonning the work required by Section 2-5.4 shall be included in the various bid items and no additional payment will be made therefore. 2-6 WORK TO BE DONE. The Contractor shall perform all work necessary to complete the Contract In a satisfactory manner. Unless othenwise provided, the Contractor shall furnish all materials, equipment, tools, labor, and incidentals necessary to complete the Work. 2-7SUBSURFACE DATA. All soil and test hole data, water table elevations, and soil analyses shown on the drawings or included in the Specifications apply only at the location of the test holes and to the depths indicated. Soil test reports for test holes which have been drilled are available for inspection at the office of the Engineer. Any additional subsurface exploration shall be done by Bidders or the Contractor at their own expense. The indicated elevation of the water table is that which existed on the date when test hole data was determined. It is the Contractor's responsibility to detemiine and allow for the elevation of groundwater at the date of project construction. A difference in elevation between groundwater shown in soil boring logs and groundwater actually encountered during construction will not be considered as a basis for extra work. 2-8 RIGHT-OF-WAY. Rights-of-way, easements, or rights-of-entry for the Work will be provided by the Agency. Unless othenwise provided, the Contractor shall make arrangements, pay for, and assume all responsibility for acquiring, using, and disposing of additional work areas and facilities temporarily required. The Contractor shall indemnify and hold the Agency harmless from all claims for damages caused by such actions. 2-9 SURVEYING. ,0 Revised 8/10/10 Contract No.4509 p^gg QQ Qf 155 2-9.1 Permanent Survey Markers. The Contractor shall not cover or disturb permanent sur- vey monuments or benchmarks without the consent of the Engineer. Where the Engineer con- curs. In writing, with the Contractor that protecting an existing monument in place is impractical, the Contractor shall employ a licensed land sun/eyor or a registered civil engineer authorized to practice land sun/eying within the State of Califomia, hereinafter Sun/eyor, to establish the loca- tion of the monument before it is disturbed. The Contractor shall have the monument replaced by the Sun/eyor no later than thirty (30) days after construction at the site of the replacement Is completed. The Sun/eyor shall file corner record(s) as required by §§ 8772 and 8773, et seq. of the California Business and Professions Code. When a change is made in the finished elevation of the pavement of any roadway In which a permanent sun/ey monument is located, the Contractor shall adjust the monument frame and cover to the new grade within 7 days of paving unless the Engineer shall approve othenwise. Monument frames and covers shall be protected during street sealing or painting projects or be cleaned to the satisfaction of the Engineer. 2-9.2 Survey Service. The Contractor shall hire and pay for the sen/ices of a Sun/eyor, here- inafter Sun/eyor to perform all work necessary for establishing control, construction staking, rec- ords research and all other surveying work necessary to construct the work, provide sun/eying sen/Ices as required herein and provide sun/eying, drafting and other professional sen/ices re- quired to satisfy the requirements of the Land Sun/eyors Act. Sun/eyor shall be resident on the site during all sun/eying operations and shall personally supen/ise and certify the sun/eying work. 2-9.2.1 Submittal of Surveying Data, All sun/eying data submittals shall confonn to the re- quirements of Section 2-5.3.3, "Submittals", herein. The Contractor shall submit grade sheets to the Engineer before commencing work in the area affected by the grade sheets. The Contractor shall submit field notes for all sun/eying required herein to the Engineer within ten days of per- fonning the sun/ey. All sun/eying field notes, grade sheets and sun/ey calculations shall be sub- mitted in bound fonn on 215mm by 280 mm (8V2" by 11") paper. The field notes, calculations and supporting data shall be clear and complete. Supporting data shall include all maps, affida- vits, plats, field notes from earlier sun/eys and all other evidence used by the Sun/eyor to deter- mine the location of the monuments set. The field notes and calculations will be labeled with name of the Sun/eyor, the party chief, the field crewmembers and the author of the field notes or calculations. They shall be annotated with the date of obsen/ation or calculation, be numbered with consecutive page numbers and shall be readable without resort to any electronic aid, com- puter program or documentation for any computer program. The field notes shall be prepared in conformance with the CALTRANS "Sun/eys Manual". The Contractor shall have a Record of Sun/ey prepared by the Sun/eyor and file it in conformance with §§ 8700 - 8805 of the State of Califomia Business and Professions Code when the Sun/eyor performs any sun/eying that such map is required under §§ 8762 of the State of California Business and Professions Code and whenever the Sun/eyor shall establish, set or construct any permanent sun/ey monument. SDRS drawing M-10 type monuments, bolts, spikes, leaded tacks and nails (when set in con- crete), iron pipes, reinforcing steel and all monuments and marks that are at, or accessory to, property corners and street centerlines are permanent sun/ey monuments. The Record of Sur- vey shall show all monuments set, control monuments used, the basis of bearings and all other data needed to determine the procedure of sun/ey and the degree of accuracy attained by the field sun/eying Including the unadjusted ratio of closure. The unadjusted ratio of closure shall not exceed 1 part in 40,000. The record of sun/ey shall show the location and justification of lo- cation of all permanent monuments set and their relation to the street right-of-way. Record(s) of Sun/ey(s) shall be submitted for the Engineer's review and approval before submittal to the County Sun/eyor and before submittal to the County Recorder. 2-9.2.2 Survey Requirements, Stakes shall be set at offsets approved by the Engineer at no .3^^ Revised 8/10/10 Contract No.4509 Pagg Q-\ gf 155 greater inten/als than specified in TABLE 2-9.2.2(A) as measured along the project stationing. Stakes shall be set to show the location and grade of future curbs adjacent to traffic signal loca- tions where the curb is not being built as a part of this contract. Staking and marking shall be completed by the Sun/eyor and Inspected and approved by the Engineer before the start of con- struction in the area marked. Centerline monument shall have the disk stamped with the date the monument was set and the registration number of the Sun/eyor. Habitat mitigation sites and other areas to be presen/ed that are shown on the plans shall be staked and flagged prior to the start of any other activities within the limits of the work. When curb and gutter does not exist and is not being Installed as a part of the project the location of adjacent facilities being constructed as a part of the contract the Contractor shall place stakes defining the horizontal and vertical lo- cation of such adjacent utility vaults, poles or other facilities that are being installed as parts of, or adjunct to, the project either by the Contractor and/or those noted on the plans as to be In- stalled by others. TABLE 2-9.2.2(A) Survey Requirements for Construction Staking Feature Staked Stake De- scription © Centerline or Parallel to Centerline Spac- ing®, (S> Lateral Spac- ing (3), ® Setting Tolerance (Within) Street Centerline SDRS M-10 Monument <1000', street Intersections, Begin and end of curves, only when stiown on ttie plans on street cen- terline 0.02' Horizontal, also see Section 2-9.2.1 herein Clearing Latti in soil, painted line on PCC & AC surfaces lath - Intervisible, < 50' on tangents & < 25' on curves. Painted line - continuous at clearing line 1' Horizontal Slope RP + Marker Stake Intervisible and < 50' Grade Breaks &<25' O.r Vertical & Horizon- tal Fence RP + Marker Stake <, 200' on tangents, < 50' on cun/es when R> 1000' & 25' on curves when R< 1000' N/A (constant off- set) 0.1' Horizontal Rougti Grade Cuts or Fills > 10 m (33") RP + Marker Stake <50' N/A 0.1' Vertical & Horizon- tal Final Grade (in- cludes top of ; Basement soil, subbase and base] RP + Marker Stake, Blue- top In grading area <. 50' on tangents & curves when R> 1000' & < 25' on cun/es when R < 1000' <22' 3/8" Horizontal & V4" Vertical Asptialt Pavement Finisti Course RP, paint on previous course < 25' or as per the intersection grid points shown on ttie plan whichever provides the denser information edge of pave- ment, paving pass width, crown line & qrade breaks %" Horizontal & Vn" Vertical Drainage Struc- tures, Pipes & sim- ilar Facilities®, ® RP + Marker Stake intervisible & <. 25', beginning and end, BC & EC of facilities, Grade breaks, Alignment breaks, Junctions, Inlets & similar facilities, Risers & similar facilities (except plumbing), Skewed cut-off lines as appropriate Va" Horizontal & V4" Vertical Curb RP + Marker Stake < 25', BC & EC, at V^A, V2A & '*A on curb re- turns & at beginning & end (constant off- set) Va" Horizontal & V4" Vertical Traffic Signal ® Vertical locations shall be based on the ulti- mate elevation of curb and sidewalk Signal Poles & Controller ® RP + Marker Stake at each pole & controller location as appropriate Vs" Horizontal & V4" Vertical '•'*m0^ Revised 8/10/10 Contract No.4509 Page 62 of 155 Feature Staked Junction Box ® Stake De- scription ® RP + Marker Stake Centerline or Parallel to Centerline Spac- ing®, (S) at each junction box location Lateral Spac- ing (3), ® as appropriate Setting Tolerance (Within) 3/8" Horizontal & V4" Vertical Conduit ® RP + Mari<er Stake < 50' on tangents & curves when R> 1000' & < 25' on curves when R < 1000' or where grades 0.30% as appropriate Va" Horizontal & when depth cannot be meas- ured from existing pavement V4" Vertical Minor Structure ® RP + Marker Stake + Line Stake for catch basins: at centeriine of box, ends of box & wings & at each end of the local de- pression ® as appropriate VB" Horizontal & V/ Vertical (when vertical data needed) Abutment Fill RP + Marker Stake + Line Stake < 50' & along end slopes & conic transitions as appropriate 0.1'Vertical & Horizon- tal Wall ® RP + Marker Stake + Line Point +Guard Stake < 50' and at beginning & end of: each wall, BC & EC, layout line angle points, changes In footing dimensions &/or elevation & wall heiqht as appropriate V4" Horizontal & V4" Vertical Maior Structure <D Footings, Bents, Abutments & Wingwalls RP + Marker Stake + Line Point +Guard Stake 10' to 33' as required by the Engineer, BC & EC, transition points & at beginning & end. Elevation points on footings at bottom of col- umns as appropriate Va" Horizontal & V4" Vertical Superstructures RP 10' to 33' sufficient to use string lines, BC & EC, transition points & at beginning & end. Elevation points on footings at bottom of col- umns as appropriate Va" Horizontal & V4" Vertical Miscellaneous ® Contour Grading ® RP + Marker Stake <50' along contour line 0.1'Verticals Horizon- tal Utilities ®, ® RP + Marker Stake < 50' on tangents & cun/es when R> 1000' & <. 25' on cun/es when R < 1000' or where qrade < 0.30% as appropriate Va" Horizontal & V4" Vertical Channels, Dikes & Ditches ® RP + Marker Stake intervisible & < 100', BC & EC of facilities, Grade breaks. Alignment breaks, Junctions, Inlets & similar facilities as appropriate 0.1' Horizontal & V4" Vertical Signs ® RP + Marker Stake + Line Point +Guard Stake At sign location Line point 0.1' Vertical & Horizon- tal Subsurface Drains ® RP + Marker Stake inten/isible & 5 50', BC & EC of facilities, Grade breaks. Alignment breaks, Junctions, Inlets & similar facilities, Risers & similar facili- ties as appropriate 0.1'Horizontal &V4" Vertical Overside Drains ® RP + Marker Stake longitudinal location At beginning & end 0.1' Horizontal & VA" Vertical Markers ® RP + Marker Stake for asphalt street surfacing < 50' on tangents & cun/es when Rs 1000' & < 25' on cun/es when R < 1000'. At maricer loca- tion(s) V4" Horizontal Railings & Barri- ers ® RP + Marker Stake At beginning & end and < 50' on tangents & curves when R > 1000' & < 25' on cun/es when R< 1000' at railing & bar- rier location(s) Va" Horizontal & Verti- cal AC Dikes ® RP + Marker Stake At beginning & end as appropriate 0.1' Horizontal & Verti- cal Box Culverts 10' to 33' as required by the Engineer, BC & EC, transition points & at beginning & end. Elevation points on footings & at invert as appropriate Va" Horizontal & V4" Vertical Pavement Mark- ers® RP 200' on tangents, 50' on cun/es when R > 1000' & 25' on curves when R < 1000'. For PCC surfaced streets lane cold joints will suffice at pavement marker loca- tion(s) V4" Horizontal .3^^^ Revised 8/1 0/10 Contract No.4509 Page 63 of 155 ® Staking for feature may be omitted when adjacent marker stakes reference the offset and elevation of those fea- tures and the accuracy requirements of the RP meet the requirements for the feature ® Reference points shall be sufficiently durable and set securely enough to sun/ive with accuracy intact throughout the Installation & Inspection of the features or adjacent facilities for which they provide control. RP means reference point for the purposes of this table ® Perpendicular to centeriine. ® Some features are not necessarily parallel to centeriine but are referenced thereto ® Multi-plane surfaced features shall be staked so as to provide line & grade Information for each plane of the fea- ture ® > means greater than, or equal to, the number following the symbol. < means less than, or equal to, the number following the symbol. ® The cut datum for storm drainage & sanitary sewer pipes & similar structures shall be their Invert. The cut datum for all other utilities shall be the top of their pipe or conduit. All guard stakes, line stakes and lath shall be flagged. Unless othenwise approved by the Engi- neer flagging, paint and marking cards shall be the color specified In TABLE 2-9.2.2(B) TABLE 2-9.2.2(B) Type of Stake Description Color* Horizontal Control Coordinated control points, control lines, control reference points, centeriine, aliqnments, etc. White/Red Vertical Control Bench mari<s White/Or- ange Clearing Limits of clearinq Yellow/Black Grading Slope, intermediate slope, abutment fill, rough grade, contour grading, final qrade, etc. Yellow Structure Bridges, sound and retaining walls, box culverts, etc. White Drainage, Sewer, Curb Pipe culverts, junction boxes, drop inlets, headwalls, sewer lines, storni drains, slope protection, curbs, gutters, etc. Blue Rlqht-of-Wav Fences, Bl W lines, easements, property monuments, etc. White/Yellow Miscellaneous Siqns, railings, barriers, lighting, etc. Orange * Flagging and mari<lng cards, if used. 2-9.2.3 Payment for Survey, Payment for work performed to satisfy the requirements of Sec- tions 2-9.1 through 2-9.2.2 shall be Included in the actual bid items requiring the sun/ey work and no additional payment will be made. Extension of unit prices for extra work shall Include full compensation for attendant sun/ey work and no additional payment will be made. Payment for the replacement of disturbed monuments and the filing of records of sun/ey and/or corner rec- ords, including filing fees, shall be incidental to the work necessitating the disturbance of said monuments and no additional payment will be made. 2-9.3 Private Engineers. Surveying by private engineers on the Work shall conform to the quality and practice required by the Engineer. 2-9.4 Line and Grade. All work shall conform to the lines, elevations, and grades shown on the Plans. Three consecutive points set on the same slope shall be used together so that any variation from a straight grade can be detected. Any such variation shall be reported to the Engineer. In the absence of such report, the Contractor shall be responsible for any error in the grade of the finished work. Revised 8/10/10 Contract No.4509 Page 64 of 155 Grades for underground conduits will be set at the surface of the ground. The Contractor shall transfer them to the bottom of the trench. 2-10 AUTHORITY OF BOARD AND ENGINEER. The Board has the final authority In all mat- ters affecting the Work. Within the scope of the Contract, the Engineer has the authority to en- force compliance with the Plans and Specifications. The Contractor shall promptly comply with instructions from the Engineer or an authorized representative. The decision of the Engineer is final and binding on all questions relating to: quantities; accept- ability of material, equipment, or work; execution, progress or sequence of work; and interpreta- tion of the Plans, Specifications, or other drawings. This shall be precedent to any payment un- der the Contract, unless othenwise ordered by the Board. 2-10.1 Availability of Records, The Contractor shall, at no charge to the Agency, provide cop- ies of all records In the Contractor's or subcontractor's possession pertaining to the work that the Engineer may request. 2-10.2 Audit And Inspection, Contractor agrees to maintain and/or make available, to the En- gineer, within San Diego County, accurate books and accounting records relative to all its activi- ties and to contractually require all subcontractors to this Contract to do the same. The Engi- neer shall have the right to monitor, assess, and evaluate Contractor's and its subcontractors performance pursuant to this Agreement, said monitoring, assessments, and evaluations to in- clude, but not be limited to, audits. Inspection of premises, reports, contracts, subcontracts and inten/iews of Contractor's staff and the staff of all subcontractors to this contract. At any time during normal business hours and as often as the Engineer may deem necessary, upon reason- able advance notice. Contractor shall make available to the Engineer for examination, all of its, and all subcontractors to this contract, records with respect to all matters covered by this Con- tract and will permit the Engineer to audit, examine, copy and make excerpts or transcripts from such data and records, and to make audits of all invoices, materials, payrolls, records of person- nel, and other data relating to all matters covered by this Contract. However, any such activities shall be carried out in a manner so as to not unreasonably Interfere with Contractor's ongoing business operations. Contractor and all subcontractors to this contract shall maintain such data and records for as long as may be required by applicable laws and regulations. 2-11 INSPECTION. The Work is subject to inspection and approval by the Engineer. The Contractor shall notify the Engineer before noon of the working day before inspection is re- quired. Work shall be done only in the presence of the Engineer, unless othenwise authorized. Any work done without proper inspection will be subject to rejection. The Engineer and any au- thorized representatives shall at all times have access to the Work during its construction at shops and yards as well as the project site. The Contractor shall provide every reasonable facil- ity for ascertaining that the materials and workmanship are In accordance with these specifica- tions. Inspection of the Work shall not relieve the Contractor of the obligation to fulfill all condi- tions of the Contract. Revised 8/10/10 Contract No.4509 p^gg 65 of 155 SECTION 3 - CHANGES IN WORK 3-1 CHANGES REQUESTED BY THE CONTRACTOR. 3-1.1 General. Changes in the Plans and Specifications, requested in writing by the Contrac- tor, which do not materially affect the Work and which are not detrimental to the Work or to the interests of the Agency, may be granted by the Engineer. Nothing herein shall be construed as granting a right to the Contractor to demand acceptance of such changes. 3-1.2 Payment for Changes Requested by the Contractor. If such changes are granted, they shall be made at a reduction in cost or no additional cost to the Agency. 3-2 CHANGES INITIATED BY THE AGENCY. 3-2.1 General. The Agency may change the Plans, Specifications, character of the work, or quantity of work provided the total arithmetic dollar value of all such changes, both additive and deductive, does not exceed 25 percent of the Contract Price. Should it become necessary to ex- ceed this limitation, the change shall be by written Supplemental Agreement between the Con- tractor and Agency, unless both parties agree to proceed with the change by Change Order. Change Orders shall be in writing and state the dollar value of the change or established method of payment, any adjustment In contract time of completion, and when negotiated prices are involved, shall provide for the Contractor's signature indicating acceptance. 3-2.2 Payment. 3-2.2.1 Contract Unit Prices. If a change Is ordered in an item of work covered by a Contract Unit Price, and such change does not involve substantial change in character of the work from that shown on the Plans or specified in the Specifications, then an adjustment in payment will be made. This adjustment will be based upon the increase or decrease in quantity and the Contract Unit Price. If the actual quantity of an item of work covered by a Contract Unit Price and constructed in con- fonnance with the Plans and Specifications varies from the Bid quantity by 50 percent or less, payment will be made at the Contract Unit Price. If the actual quantity of said item of work varies from the Bid quantity by more than 50 percent, payment will be made per Section 3-2.2.2 or 3- 2.2.3 as appropriate. If a change is ordered in an item of work covered by a Contract Unit Price, and such change does involve a substantial change in the character of the work from that shown on the Plans or specified In the Specifications, an adjustment in payment will be made per Section 3-2.4. 3-2.2.2 increases of More Than 50 Percent. Should the actual quantity of an item of work cov- ered by a Contract Unit Price and constructed in conformance with the Plans and Specifications, exceed the Bid quantity by more than 50 percent, payment for the quantity in excess of 150 per- cent of the Bid quantity will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Section 3-3. The Extra Work per Section 3-3, basis of payment, shall Revised 8/10/10 Contract No.4509 Page 66 of 155 not include fixed costs. Fixed costs shall be deemed to have been recovered by the Contractor through payment for 150 percent of the Bid quantity at the Contract Unit Price. 3-2.2.3 Decreases of More Than 50 Percent. Should the actual quantity of an item of work covered by a Contract Unit Price, and constructed in confonnance with the Plans and Specifica- tions, be less than 50 percent of the Bid quantity, an adjustment in payment will not be made unless so requested in writing by the Contractor. If the Contractor so requests, payment will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Con- tractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Section 3-3; however. In no case will payment be less than would be made for the actual quantity at the Contract Unit Price nor more than would be made for 50 percent of the Bid quantity at the Con- tract Unit Price. 3-2.3 Stipulated Unit Prices. Stipulated Unit Prices are unit prices established by the Agency in the Contract Documents as distinguished from Contract Unit Prices submitted by the Contrac- tor. Stipulated Unit Prices may be used for the adjustment of Contract changes when so speci- fied in the Special Provisions. 3-2.4 Agreed Prices. Agreed Prices are prices for new or unforeseen work, or adjustments in Contract Unit Prices per Section 3-2.2, established by mutual agreement between the Contrac- tor and the Agency. If mutual agreement can not be reached, the Engineer may direct the Con- tractor to proceed on the basis of Extra Work in accordance per Section 3-3, except as other- wise specified in Sections 3-2.2.2 and 3-2.2.3. 3.2.4.1 Schedule of Values. Prior to construction. Contractor shall provide a schedule of values for all lump sum bid Items that shall be used for the purpose of progress payments. The prices shall be valid for the purpose of change orders to the project. 3.2.5 Eliminated Items. Should any Bid item be eliminated In its entirety, payment will be made to the Contractor for Its actual costs Incurred in connection with the eliminated item prior to noti- fication in writing from the Engineer so stating its elimination. If material confonning to the Plans and Specifications is ordered by the Contractor for use in the eliminated item prior to the date of notification of elimination by the Engineer, and If the order for that material can not be canceled, payment will be made to the Contractor for the actual cost of the material. In this case, the ma- terial shall become the property of the Agency. Payment will be made to the Contractor for its actual costs for any further handling. If the material Is returnable, the material shall be returned and payment will be made to the Contractor for the actual cost of charges made by the supplier for returning the material and for handling by the Contractor. Actual costs, as used herein, shall be computed on the basis of Extra Work per Section 3-3. 3-3 EXTRA WORK. 3-3.1 General. New or unforeseen work will be classified as "extra work" when the Engineer determines that It is not covered by Contract Unit Prices or stipulated unit prices. 3-3.2 Payment. 3-3.2.1 General. When the price for the extra work cannot be agreed upon, the Agency will pay for the extra work based on the accumulation of costs as provided herein. Revised 8/10/10 Contract No.4509 pggg gy gf •\ 55 3-3.2.2 Basis for Establishing Costs. (a) Labor. The costs of labor will be the actual cost for wages of workers performing the extra work at the time the extra work is done, plus employer payments of payroll taxes, workers com- pensation insurance, liability insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs, resulting from Federal, State, or local laws, as well as assess- ments or benefits required by lawful collective bargaining agreements. The use of a labor classification which would Increase the extra work cost will not be permitted unless the Contractor establishes the necessity for such additional costs. Labor costs for equip- ment operators and helpers shall be reported only when such costs are not included in the in- voice for equipment rental. The labor cost for foremen shall be proportioned to all of their as- signed work and only that applicable to extra work will be paid. Nondirect labor costs. Including superintendence, shall be considered part of the markup of Section 3-3.2.3 (a). (b) Materials. The cost of materials reported shall be at invoice or lowest current price at which such materials are locally available and delivered to the job site in the quantities involved, plus sales tax, freight, and delivery. The Agency resen/es the right to approve materials and sources of supply, or to supply materi- als to the Contractor if necessary for the progress of the Work. No markup shall be applied to any material provided by the Agency. (c) Tool and Equipment Rental. No payment will be made for the use of tools which have a replacement value of $200 or less. Regardless of ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs shall be the edition of the, "Labor Surcharge and Equipment Rental Rates" published by CALTRANS, current at the time of the actual use of the tool or equipment. The right-of-way delay factors therein shall be used as multipliers of the rental rates for deter- mining the value of costs for delay to the Contractor and subcontractors, if any. The labor sur- charge rates published therein are not a part of this contract. The rental rates paid shall include the cost of fuel, oil, lubrication, supplies, small tools, neces- sary attachments, repairs and maintenance of any kind, depreciation, storage, insurance, and all Incidentals. Necessary loading and transportation costs for equipment used on the extra work shall be included. If equipment is used intermittently and, when not in use, could be returned to its rental source at less expense to the Agency than holding it at the Work site, it shall be returned, unless the Con- tractor elects to keep It at the Work site, at no expense to the Agency. All equipment shall be acceptable to the Engineer, in good working condition, and suitable for the purpose for which it is to be used. Manufacturer's ratings and approved modifications shall be used to classify equipment and it shall be powered by a unit of at least the minimum rating recommended by the manufacturer. .3^^^ Revised 8/10/10 Contract No.4509 Page 68 Of 155 The reported rental time for equipment already at the Work site shall be the duration of Its use on the extra work. This time begins when equipment is first put into actual operation on the extra work, plus the time required to move It from its previous site and back, or to a closer site. (d) Other Items. The Agency may authorize other items which may be required on the extra work, including labor, sen/ices, material, and equipment. These items must be different in their nature from those required for the Work, and be of a type not ordinarily available from the Con- tractor or Subcontractors. Invoices covering all such items in detail shall be submitted with the request for payment. (e) Invoices. Vendors' invoices for material, equipment rental and other expenditures shall be submitted with the request for payment. If the request for payment is not substantiated by in- voices or other documentation, the Agency may establish the cost of the item involved at the lowest price which was current at the time of the report. 3-3.2.3 Markup. (a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overtiead and profits: 1) Labor 20 2) Materials 15 3) Equipment Rental 15 4) Other Items and Expenditures .. 15 To the sum of the costs and markups provided for In this section, 1 percent shall be added as compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is perfonned by a Sub- contractor, the markup established In Section 3-3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted por- tion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the sub- contracted portion of the extra work may be added by the Contractor. 3-3.3 Daily Reports by Contractor. When the price for the extra work cannot be agreed upon, the Contractor shall submit a daily report to the Engineer on forms approved by the Agency. Included are applicable delivery tickets, listing all labor, materials, and equipment in- volved for that day, and other sen/ices and expenditures when authorized. Payment for extra work will not be made until such time that the Contractor submits completed daily reports and all supporting documents to the Engineer. Failure to submit the daily report by the close of the next working day may waive any rights for that day. An attempt shall be made to reconcile the report daily, and it shall be signed by the Engineer and the Contractor. In the event of disagreement, pertinent notes shall be entered by each party to explain points which cannot be resolved imme- diately. Each party shall retain a signed copy of the report. Reports by Subcontractors or others shall be submitted through the Contractor. .3 ^"f^ Revised 8/10/10 Contract No.4509 p^gg gg gf 155 The report shall: 1. Show names of workers, classifications, and hours worked. 2. Describe and list quantities of materials used. 3. Show type of equipment, size, identification number, and hours of operation, including loading and transportation, if applicable. 4. Describe other sen/ices and expenditures in such detail as the Agency may require. 3-4 CHANGED CONDITIONS. The Contractor shall promptly notify the Engineer of the fol- lowing Work site conditions (hereinafter called changed conditions), in writing, upon their discov- ery and before they are disturbed: 1. Subsurface or latent physical conditions differing materially from those represented in the Contract; 2. Unknown physical conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in work of the character being per- fomned; and 3. Material differing from that represented in the Contract which the Contractor believes may be hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law. The Engineer will promptly investigate conditions which appear to be changed conditions. If the Engineer detennines that conditions are changed conditions and they will materially affect perfor- mance time, the Contractor, upon submitting a written request, will be granted an extension of time subject to the provisions of 6-6. If the Engineer determines that the conditions do not justify an adjustment in compensation, the Contractor will be notified in writing. This notice will also advise the Contractor of its obligation to notify the Engineer in writing if the Contractor disagrees. The Contractor's failure to give notice of changed conditions promptly upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the Engineer, Including failure or refusal to issue a change order, or for the happening of any event, thing, occurrence, or other cause, unless the Contractor shall have first given the Engineer due written notice of potential claim as hereinafter specified. Compliance with this section shall not be required as a prerequisite to notice provisions In Section 6-7.3 Contract Time Accounting, nor to any claim that is based on differences in measurement or er- rors of computation as to contract quantities. The written notice of potential claim for changed conditions shall be submitted by the Contractor to the Engineer upon their discovery and prior to the time that the Contractor perfonns the work giving rise to the potential claim. The Contrac- tor's failure to give written notice of potential claim for changed conditions to the agency upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection Revised 8/10/10 Contract No.4509 p^gg -JQ gf .| 55 therewith. The Contractor shall provide the City with a written document containing a description of the particular circumstances giving rise to the potential claim, the reasons for which the Contractor believes additional compensation may be due and nature of any and ail costs involved within 20 working days of the date of service of the written notice of potential claim for changed condi- tions. Verbal notifications are disallowed. The potential claim shall include the following certification relative to the California False Claims Act, Government Code Sections 12650-12655. "The undersigned certifies that the above statements are made in full cognizance of the Califor- nia False Claims Act, Government Code Sections 12650-12655. The undersigned further un- derstands and agrees that this potential claim, unless resolved, must be restated as a claim in response to the City's proposed final estimate in order for it to be further considered." By: Title: Date: Company Name: The Contractor's estimate of costs may be updated when actual costs are known. The Contrac- tor shall submit substantiation of its actual costs to the Engineer within 20 working days after the affected work is completed. Failure to do so shall be sufficient cause for denial of any claim subsequently filed on the basis of said notice of potential claim. It Is the intention of this section that differences between the parties arising under and by virtue of the contract be brought to the attention of the Engineer at the eariiest possible time in order that such matters be settled, if possible, or other appropriate action promptly taken. 3-5 DISPUTED WORK. The Contractor shall give the agency written notice of potential claim prior to commencing any disputed work. Failure to give said notice shall constitute a waiver of all claims in connection therewith. If the contractor and the agency are unable to reach agreement on disputed work, the Agency may direct the contractor to proceed with the work. Prior to proceeding with dispute resolution pursuant to Public Contract Code provisions speci- fied hereinafter, the contractor shall attempt to resolve all disputes infomrially through the follow- ing dispute resolution chain of command: 1. Project Inspector 2. Construction Manager 3. Deputy City Engineer, Construction Management & Inspection 4. City Engineer 5. City Manager .3 ^H' Revised 8/10/10 Contract No.4509 Page 71 of 155 The Contractor shall submit a complete report within 20 working days after completion of the disputed work stating Its position on the claim, the contractual basis for the claim, along with all documentation supporting the costs and all other evidentiary materials. At each level of claim or appeal of claim the City will, within 10 working days of receipt of said claim or appeal of claim, review the Contractor's report and respond with a position, request additional information or re- quest that the Contractor meet and present its report. When additional information or a meeting is requested the City will provide its position within 10 working days of receipt of said additional information or Contractor's presentation of its report. The Contractor may appeal each level's position up to the City Manager after which the Contractor may proceed under the provisions of the Public Contract Code. The authority within the dispute resolution chain of command is limited to recommending a reso- lution to a claim to the City Manager. Actual approval of the claim is subject to the change order provisions in the contract. All claims by the contractor for $375,000 or less shall be resolved in accordance with the proce- dures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Section 20104) which Is set forth below: ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS 20104. (a)(1) This article applies to all public works claims of three hundred seventy-five thou- sand dollars ($375,000) or less which arise between a contractor and a local agency. (2) This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2. (b) (1) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, ex- cept that "public work" does not include any work or improvement contracted for by the state or the Regents of the University of California. (2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public work and payment of which is not othenwise expressly provided for or the claimant is not othenwise entitled to, or (C) an amount the payment of which is disputed by the local agency. (c) The provisions of this article or a summary thereof shall be set forth in the plans or specifica- tions for any work which may give rise to a claim under this article. (d) This article applies only to contracts entered Into on or after January 1,1991. 20104.2. For any claim subject to this article, the following requirements apply: (a) The claim shall be In writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is in- tended to extend the time limit or supersede notice requirements othenwise provided by contract for the filing of claims. (b) (1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or re- lating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. .3 Revised 8/10/10 Contract No.4509 Pagg 72 gf -j 55 (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, which- ever is greater. (c) (1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional Information or requested documentation, whichever is greater. (d) If the claimant disputes the local agency's written response, or the local agency fails to re- spond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency's response or within 15 days of the local agency's failure to respond within the time prescribed, respectively, and demand an Informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Govemment Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdi- vision (a) until the time that claim Is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. (f) This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (com- mencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. 20104.4. The following procedures are established for all civil actions filed to resolve claims subject to this article: (a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both par- ties of a disinterested third person as mediator, shall be commenced within 30 days of the sub- mittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator. (b) (1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Proce- dure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure) shall apply to any proceeding brought under the subdivision consistent with the rules pertaining to judicial arbitration. Revised 8/10/10 Contract No.4509 p^gg 73 gf 155 (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators ap- pointed for purposes of this article shall be experienced in construction law, and, upon stipula- tion of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, de- termines a different division. In no event shall these fees or expenses be paid by state or county funds. (3) In addition to Chapter 2.5 (commencing with Section 1141.10) Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall. In addition to payment of costs and fees under that chapter, pay the attomey's fees of the other party arising out of the trial de novo. (c) The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process. 20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undis- puted except as othenwise provided In the contract. (b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law. Although not to be construed as proceeding under extra work provisions, the Contractor shall keep and furnish records of disputed work In accordance with Section 3-3. Revised 8/10/10 Contract No.4509 Page 74 Of 155 SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP. 4-1.1. General. All materials, parts, and equipment furnished by the Contractor in the Work shall be new, high grade, and free from defects. Quality of work shall be in accordance with the gener- ally accepted standards. Material and work quality shall be subject to the Engineer's approval. Materials and work quality not conforming to the requirements of the Specifications shall be con- sidered defective and will be subject to rejection. Defective work or material, whether in place or not, shall be removed immediately from the site by the Contractor, at its expense, when so di- rected by the Engineer. If the Contractor falls to replace any defective or damaged work or material after reasonable no- tice, the Engineer may cause such work or materials to be replaced. The replacement expense will be deducted from the amount to be paid to the Contractor. Used or secondhand materials, parts, and equipment may be used only if permitted by the Spec- ifications. 4-1.2 Protection of Work and Materials. The Contractor shall provide and maintain storage facilities and employ such measures as will presen/e the specified quality and fitness of materials to be used in the Work. Stored materials shall be reasonably accessible for inspection. The Con- tractor shall also adequately protect new and existing work and all items of equipment for the duration of the Contract. The Contractor shall not, without the Agency's consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be neces- sary for the completion of the Contract. 4-1.3 Inspection Requirements. 4-1.3.1 General. Unless othenwise specified, inspection is required at the source for such typical materials and fabricated items as bituminous paving mixtures, structural concrete, metal fabrica- tion, metal casting, welding, concrete pipe manufacture, protective coating application, and similar shop or plant operations. Steel pipe in sizes less than 18 inches and vitrified clay and cast iron pipe in all sizes are accepta- ble upon certification as to compliance with the Specifications, subject to sampling and testing by the Agency. Standard items of equipment such as electric motors, conveyors, elevators, plumbing fixtures, etc., are subject to inspection at the job site only. Special items of equipment such as designed electrical panel boards, large pumps, sewage plant equipment, etc., are subject to in- spection at the source, nonnally only for performance testing. The Specifications may require inspection at the source for other Items not typical of those listed In this section. The Contractor shall provide the Engineer free and safe access to any and all parts of work at any time. Such free and safe access shall include means of safe access and egress, ventilation, lighting, shoring, dewatering and all elements pertaining to the safety of persons as contained in the State of California, California Code of Regulations, Title 8, Industrial Relations, Chapter 4, .3 Revised 8/10/10 Contract No.4509 pggg 75 gf 155 Division of Industrial Safety, Subchapter 4, Construction Safety Orders and such other safety regulations as may apply. Contractor shall furnish Engineer with such information as may be necessary to keep the Engineer fully informed regarding progress and manner of work and char- acter of materials. Inspection or testing of the whole or any portion of the work or materials incor- porated in the work shall not relieve Contractor from any obligation to fulfill this Contract. 4-1.3.2 Inspection of Materials Not Locally Produced. When the Contractor intends to pur- chase materials, fabricated products, or equipment from sources located more than 50 miles out- side the geographical limits of the Agency, an inspector or accredited testing laboratory (approved by the Engineer), shall be engaged by the Contractor at its expense, to inspect the materials, equipment or process. This approval shall be obtained before producing any material or equip- ment. The inspector or representative of the testing laboratory shall judge the materials by the requirements of the Plans and Specifications. The Contractor shall fonward reports required by the Engineer. No material or equipment shall be shipped nor shall any processing, fabrication or treatment of such materials be done without proper inspection by the approved agent. Approval by said agent shall not relieve the Contractor of responsibility for complying with the Contract requirements. 4-1.3.3 inspection by the Agency. The Agency will provide all inspection and testing laboratory sen/ices within 50 miles of the geographical limits of the Agency. For private contracts, all costs of inspection at the source, including salaries and mileage costs, shall be paid by the permittee. 4-1.4 Test of Material. Before incorporation in the Work, the Contractor shall submit samples of materials, as the Engineer may require, at no cost to the Agency. The Contractor, at its ex- pense, shall deliver the materials for testing to the place and at the time designated by the Engi- neer. Unless othenwise provided, all initial testing will be performed under the direction of the Engineer, and at no expense to the Contractor. If the Contractor is to provide and pay for testing, it will be stated in the Specifications. For private contracts, the testing expense shall be borne by the permittee. The Contractor shall notify the Engineer in writing, at least 15 days in advance, of its intention to use materials for which tests are specified, to allow sufficient time to perform the tests. The notice shall name the proposed supplier and source of material. If the notice of intent to use is sent before the materials are available for testing or inspection, or is sent so far in advance that the materials on hand at the time will not last but will be replaced by a new lot prior to use on the Work, it will be the Contractor's responsibility to renotify the Engineer when samples which are representative may be obtained. Except as specified in these Provisions, the Agency will bear the cost of testing of locally pro- duced materials and/or on-site workmanship where the results of such tests meet or exceed the requirements indicated in the Standard Specifications, Technical Specification, and any Supple- mental Provisions. The cost of ali other tests shall be borne by the Contractor. At the option of the Engineer, the source of supply of each of the materials shall be approved by the Engineer before the delivery is started. All materials proposed for use may be inspected or tested at any time during their preparation and use. If, afier incorporating such materials into the Work, it is found that sources of supply that have been approved do not furnish a uniform product, or if the product from any source proves unacceptable at any time, the Contractor shall Page 76 of 155 Revised 8/10/10 Contract No.4509 furnish approved material from other approved sources. If any product proves unacceptable af- ter improper storage, handling or for any other reason it shall be rejected, not Incorporated into the work and shall be removed from the project site all at the Contractor's expense. Compaction tests may be made by the Engineer and all costs for tests that meet or exceed the requirements of the specifications shall be borne by the Agency. Said tests may be made at any place along the work as deemed necessary by the Engineer. The costs of any retests made necessary by noncompliance with the specifications shall be borne by the Contractor. 4-1.5 Certification. The Engineer may waive materials testing requirements of the Specifica- tions and accept the manufacturer's written certification that the materials to be supplied meet those requirements. Material test data may be required as part of the certification. 4-1.6 Trade Names or Equals. The Contractor may supply any of the materials specified or offer an equivalent. The Engineer shall determine whether the material offered Is equivalent to that specified. Adequate time shall be allowed for the Engineer to make this determination. Whenever any particular material, process, or equipment is indicated by patent, proprietary or brand name, or by name of manufacturer, such wording is used for the purpose of facilitating its description and shall be deemed to be followed by the words or equal. A listing of materials is not intended to be comprehensive, or in order of preference. The Contractor may offer any mate- rial, process, or equipment considered to be equivalent to that indicated. The substantiation of offers shall be submitted as provided in the contract documents. The Contractor shall, at its expense, furnish data concerning items offered by it as equivalent to those specified. The Contractor shall have the material tested as required by the Engineer to determine that the quality, strength, physical, chemical, or other characteristics, including durabil- ity, finish, efficiency, dimensions, service, and suitability are such that the item will fulfill its in- tended function. Test methods shall be subject to the approval of the Engineer. Test results shall be reported promptly to the Engineer, who will evaluate the results and determine if the substitute item is equivalent. The Engineer's findings shall be final. Installation and use of a substitute item shall not be made until approved by the Engineer. If a substitute offered by the Contractor is not found to be equal to the specified material, the Contractor shall furnish and install the specified material. The specified Contract completion time shall not be affected by any circumstance developing from the provisions of this section. The Contractor is responsible for the satisfactory performance of substituted items. If, in the sole opinion of the Engineer, the substitution is detennined to be unsatisfactory In performance, ap- pearance, durability, compatibility with associated items, availability of repair parts and suitability of application the Contractor shall remove the substituted item and replace it with the originally specified item at no cost to the Agency. 4-1.7 Weighing and Metering Equipment. All scales and metering equipment used for propor- tioning materials shall be inspected for accuracy and certified within the past 12 months by the .3 ^"f^ Revised 8/10/10 Contract No.4509 p^gg 77 gf 155 State of California Bureau of Weights and Measures, by the County Director or Sealer of Weights and Measures, or by a scale mechanic registered with or licensed by the County. The accuracy of the work of a scale service agency, except as stated herein, shall meet the standards of the California Business and Professions Code and the California Code of Regula- tions pertaining to weighing devices. A certificate of compliance shall be presented, prior to oper- ation, to the Engineer for approval and shall be renewed whenever required by the Engineer at no cost to the Agency. All scales shall be arranged so they may be read easily from the operator's platform or area. They shall indicate the true net weight without the application of any factor. The figures of the scales shall be clearly legible. Scales shall be accurate to within 1 percent when tested with the plant shut down. Weighing equipment shall be so insulated against vibration or moving of other oper- ating equipment In the plant area that the error in weighing with the entire plant running will not exceed 2 percent for any setting nor 1.5 percent for any batch. 4-1.8 Calibration of Testing Equipment. Testing equipment, such as, but not limited to pres- sure gages, metering devices, hydraulic systems, force (load) measuring instruments, and strain- measuring devices shall be calibrated by a testing agency acceptable to the Engineer at inten/als not to exceed 12 months and following repairs, modification, or relocation of the equipment. Cal- ibration certificates shall be provided when requested by the Engineer. 4-1.9 Construction Materials Dispute Resolution (Soils, Rock Materials, Concrete, Mortar and Related Materials, Masonry Materials, Bituminous Materials, Rock Products, and Modified Asphalts). In the interest of safety and public value, whenever credible evidence arises to contradict the test values of materials, the Agency and the Contractor will initiate an immediate and cooperative investigation. Test values of materials are results of the materials' tests, as defined by these Specifications or by the special provisions, required to accept the Work. Credible evidence is process obsen/ations or test values gathered using industry ac- cepted practices. A contradiction exists whenever test values or process obsen/ations of the same or similar materials are diverse enough such that the work acceptance or perfonnance be- comes suspect. The investigation shall allow access to all test results, procedures, and facilities relevant to the disputed work and consider all available information and, when necessary, gather new and additional information in an attempt to determine the validity, the cause, and if necessary, the remedy to the contradiction. If the cooperative investigation reaches any resolu- tion mechanism acceptable to both the Agency and the Contractor, the contradiction shall be considered resolved and the cooperative investigation concluded. Whenever the cooperative investigation is unable to reach resolution, the investigation may then either conclude without resolution or continue by written notification of one party to the other requesting the implementa- tion of a resolution process by committee. The continuance of the investigation shall be contin- gent upon recipient's agreement and acknowledged in writing within 3 calendar days after re- ceiving a request. Without acknowledgement, the investigation shall conclude without resolu- tion. The committee shall consist of three State of California Registered Civil Engineers. Within 7 calendar days after the written request notification, the Agency and the Contractor will each select one engineer. Within 14 calendar days of the written request notification, the two selected engineers will select a third engineer. The goal in selection of the third member is to comple- ment the professional experience of the first two engineers. Should the two engineers fail to se- lect the third engineer, the Agency and the Contractor shall each propose 2 engineers to be the third member within 21 calendar days after the written request notification. The first two engi- neers previously selected shall then select one of the four proposed engineers in a blind draw. .3 Revised 8/10/10 Contract No.4509 p^gg 73 gf 155 The committee shall be a continuance of the cooperative investigation and will re-consider all available information and if necessary gather new and additional information to determine the validity, the cause, and if necessary, the remedy to the contradiction. The committee will focus upon the performance adequacy of the material(s) using standard engineering principles and practices and to ensure public value, the committee may provide engineering recommendations as necessary. Unless othenwise agreed, the committee will have 30 calendar days from its for- mation to complete their review and submit their findings. The final resolution of the committee shall be by majority opinion, in writing, stamped and signed. Should the final resolution not be unanimous, the dissenter may attach a written, stamped, and signed minority opinion. Once started, the resolution process by committee shall continue to full conclusion unless: 1. Within 7 days of the formation of the committee, the Agency and the Contractor reach an acceptable resolution mechanism; or 2. Within 14 days of the formation of the committee, the initiating party withdraws its written notification and agrees to bear all investigative related costs thus far incurred; or 3. At any point by the mutual agreement of the Agency and the Contractor. Unless other- wise agreed, the Contractor shall bear and maintain a record for all the investigative costs until resolution. Should the Investigation discover assignable causes for the contra- diction, the assignable party, the Agency or the Contractor, shall bear all costs associ- ated with the investigation. Should assignable causes for the contradiction extended to both parties, the investigation will assign costs cooperatively with each party or when necessary, equally. Should the investigation substantiate a contradiction without assign- able cause, the investigation will assign costs cooperatively with each party or when necessary, equally. Should the investigation be unable to substantiate a contradiction, the initiator of the investigation shall bear all Investigative costs. All claim notification re- quirements of the contract pertaining to the contradiction shall be suspended until the investigation is concluded. 4-2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE. The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm the quantity and quality received, prepare storage area(s), store, handle, protect, move, relocate, remove and dispose excess of all materials used to accomplish the Work. Materials shall be delivered to the site of the work only during working hours, as defined in Section 6-7.2, and shall be accompanied by bills of lading that shall cleariy state for each delivery: the name of the Con- tractor as consignee, the project name and number, address of delivery and name of consignor and a description of the material(s) shipped. Prior to storage of any materials which have been shipped to or by the Contractor to any location within the Agency's boundaries the Contractor shall provide the Engineer a copy of lease agreements for each property where such materials are stored. The lease agreement shall clearly state the term of the lease, the description of ma- terials allowed to be stored and shall provide for the removal of the materials and restoration of the storage site within the time allowed for the Work. All such storage shall confonn to all laws and ordinances that may pertain to the materials stored and to preparation of the storage site and the location of the site on which the materials are stored. Loss, damage or deterioration of all stored materials shall be the Contractor's responsibility. Conformance to the requirements of this section, both within and outside the limits of work are a part of the Work. The Engineer shall have the right to verify the suitability of materials and their proper storage at any time during the Work. .3 Revised 8/10/10 Contract No.4509 Page 79 of 155 SECTION 5 - UTILITIES 5-1 LOCATION. The Agency and affected utility companies have, by a search of known rec- ords, endeavored to locate and indicate on the Plans, all utilities which exist within the limits of the work. However, the accuracy and/or completeness of the nature, size and/or location of utili- ties indicated on the Plans is not guaranteed. Where underground main distribution conduits such as water, gas, sewer, electric power, tele- phone, or cable television are shown on the Plans, the Contractor shall assume that every prop- erty parcel will be served by a service connection for each type of utility. As provided in Section 4216 of the California Government Code, at least 2 working days prior to commencing any excavation, the Contractor shall contact the regional notification center (Under- ground Sen/ice Alert of Southern California) and obtain an inquiry identification number. The California Department of Transportation is not required by Section 4216 to become a member of the regional notification center. The Contractor shall contact it for location of its subsurface installations. The Contractor shall determine the location and depth of all utilities, including service connections, which have been marked by the respective owners and which may affect or be affected by its operations. If no pay item is provided in the Contract for this work, full compensation for such work shall be considered as included in the prices bid for other items of work. 5-2 PROTECTION. The Contractor shall not interrupt the sen/ice function or disturb the sup- port of any utility without authority from the owner or order from the Agency. All valves, switches, vaults, and meters shall be maintained readily accessible for emergency shutoff. Where protection is required to ensure support of utilities located as shown on the Plans or in accordance with Section 5-1, the Contractor shall, unless othenwise provided, furnish and place the necessary protection at its expense. Upon learning of the existence and location of any utility omitted from or shown incorrectly on the Plans, the Contractor shall immediately notify the Engineer in writing. When authorized by the Engineer, support or protection of the utility will be paid for as provided in Section 3-2.2.3 or 3-3. The Contractor shall immediately notify the Engineer and the utility owner if any utility is disturbed or damaged. The Contractor shall bear the costs of repair or replacement of any utility damaged if located as noted in Section 5-1. When placing concrete around or contiguous to any non-metallic utility installation, the Contractor shall at its expense: 1. Furnish and install a 2 inch cushion of expansion joint material or other similar resilient material; or 2. Provide a sleeve or other opening which will result in a 2 inch minimum-clear annular space between the concrete and the utility; or Provide other acceptable means to prevent embedment in or bonding to the concrete. Revised 8/10/10 Contract No.4509 Page 80 Of 155 Where concrete is used for backfill or for structures which would result in embedment, or partial embedment, of a metallic utility installation; or where the coating, bedding or other cathodic pro- tection system is exposed or damaged by the Contractor's operations, the Contractor shall notify the Engineer and arrange to secure the advice of the affected utility owner regarding the proce- dures required to maintain or restore the integrity of the system. 5-3 REMOVAL. Unless othenwise specified, the Contractor shall remove all interfering por- tions of utilities shown on the Plans or indicated in the Bid documents as "abandoned" or 'lo be abandoned in place". Before starting removal operations, the Contractor shall ascertain from the Agency whether the abandonment Is complete, and the costs involved in the removal and disposal shall be included in the Bid for the items of work necessitating such removals. 5-4 RELOCATION. When feasible, the owners responsible for utilities within the area af- fected by the Work will complete their necessary installations, relocations, repairs, or replace- ments before commencement of work by the Contractor. When the Plans or Specifications indi- cate that a utility installation is to be relocated, altered, or constructed by others, the Agency will conduct all negotiations with the owners and work will be done at no cost to the Contractor, ex- cept for manhole frame and cover sets to be brought to grade as provided in the Standard Specifications for Public Works Construction, Section 301-1.6, 2009 Edition. Utilities which are relocated in order to avoid interference shall be protected in their position and the cost of such protection shall be included in the Bid for the items of work necessitating such relocation. After award of the Contract, portions of utilities which are found to interfere with the Work will be relocated, altered or reconstructed by the owners, or the Engineer may order changes in the Work to avoid interference. Such changes will be paid for in accordance with Section 3-2. When the Plans or Specifications provide for the Contractor to alter, relocate, or reconstruct a utility, all costs for such work shall be included in the Bid for the items of woric necessitating such work. Temporary or permanent relocation or alteration of utilities requested by the Contractor for its convenience shall be its responsibility and it shall make all arrangements and bear all costs. The utility owner will relocate sen/ice connections as necessary within the limits of the Work or within temporary construction or slope easements. When directed by the Engineer, the Contractor shall arrange for the relocation of service connections as necessary between the meter and prop- erty line, or between a meter and the limits of temporary construction or slope easements. The relocation of such service connections will be paid for in accordance with provisions of Section 3- 3. Payment will include the restoration of all existing improvements which may be affected thereby. The Contractor may agree with the owner of any utility to disconnect and reconnect in- terfering service connections. The Agency will not be involved in any such agreement. In conformance with Section 5-6 the Contractor shall coordinate the work with utility agencies and companies. Prior to the installation of any and all utility structures within the limits of work by any utility agency or company, or its contractor, the Contractor shall place all curb or curb and gutter that is a part of the work and adjacent to the location where such utility structures are shown on the plans and are noted as being located, relocated or are othenwise shown as installed by others. In order to minimize delays to the Contractor caused by the failure of other parties to relocate utilities that interfere with the construction, the Contractor, upon the Engineer's approval, may be permitted to temporarily omit the portion of work affected by the utility. If such temporary omission is approved by the Engineer the Contractor shall place survey or other physical control markers sufficient to locate the curb or curb and gutter to the satisfaction of the utility agency or company. Revised 8/10/10 Contract No.4509 Page 81 Of 155 Such temporary omission shall be forthe Contractor's convenience and no additional compensa- tion will be allowed therefore or for additional work, materials or delay associated with the tempo- rary omission. The portion thus omitted shall be constructed by the Contractor immediately fol- lowing the relocation of the utility involved unless othenwise directed by the Engineer. 5-5 DELAYS. The Contractor shall notify the Engineer of its construction schedule insofar as it affects the protection, removal, or relocation of utilities. Said notification shall be included as a part of the construction schedule required in Section 6-1. The Contractor shall notify the Engineer in writing of any subsequent changes in the construction schedule which will affect the time avail- able for protection, removal, or relocation of utilities. The Contractor will not be entitled to damages or additional payment for delays attributable to utility relocations or alterations if correctly located, noted, and completed in accordance with Sec- tion 5-1. The Contractor may be given an extension of time for unforeseen delays attributable to unrea- sonably protracted interference by utilities in performing work correctly shown on the Plans. The Agency will assume responsibility for the timely removal, relocation, or protection of existing main or trunkline utility facilities within the area affected by the Work if such utilities are not iden- tified in the Contract Documents. The Contractor will not be assessed liquidated damages for any delay caused by failure of Agency to provide for the timely removal, relocation, or protection of such existing facilities. If the Contractor sustains loss due to delays attributable to interferences, relocations, or altera- tions not covered by Section 5-1, which could not have been avoided by the judicious handling of forces, equipment, or plant, there shall be paid to the Contractor such amount as the Engineer may find to be fair and reasonable compensation for such part of the Contractor's actual loss as '^j was unavoidable and the Contractor may be granted an extension of time. ^i***' 5-6 COOPERATION. When necessary, the Contractor shall so conduct its operations as to permit access to the Work site and provide time for utility work to be accomplished during the progress of the Work. Revised 8/10/10 Contract No.4509 Page 82 of 155 SECTION 6 - PROSECUTION, PROGRESS, w AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Except as other- wise provided herein and unless othenwise prohibited by permits from other agencies as may be required by law the Contractor shall begin work within 10 calendar days after receipt of the "Notice to Proceed". 6-1.1 Pre-Construction Meeting. After, or upon, notification of contract award, the Engineer will set the time and location for the Preconstruction Meeting. Attendance of the Contractor's management personnel responsible for the management, administration, and execution of the project is mandatory for the meeting to be convened. Failure of the Contractor to have the Con- tractor's responsible project personnel attend the Preconstruction Meeting will be grounds for default by Contractor per Section 6-4. No separate payment will be made for the Contractor's attendance at the meeting. The notice to proceed will only be issued on or after the completion of the preconstruction meeting. 6-1.1.1 Baseline Construction Schedule Submittal. The Contractor shall submit the Baseline Construction Schedule per the submittal requirements of Section 2-5.3. The submittal of the Baseline Construction Schedule shall include each item and element of Sections 6-1.2 through 6-1.2.9 and shall be on hard (paper) copy and electronic media conforming to Section 6-1.3.3 Electronic Media. 6-1.2 Preparation and Review of the Baseline Construction Schedule. The Contractor shall prepare the Baseline Construction Schedule as a Critical Path Method (CPM) Schedule in the precedence diagram method (activity-on-node) fonnat. The Baseline Construction Schedule shall depict a workable plan showing the sequence, duration, and interdependence of all activi- ties required to represent the complete performance of all project work as well as periods where work is precluded. The Baseline Construction Schedule shall begin with the projected date of issuance of the notice to proceed and conclude with the date of final completion per the contract duration. The Baseline Construction Schedule shall include detail of all project phasing, staging, and sequencing, including all milestones necessary to define beginning and ending of each phase or stage. 6-1.2.1 Time-Scaled Network Diagram. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a complete time-scaled network diagram showing all of the activities, logic relationships, and milestones comprising the schedule. 6-1.2.2 Tabular Listing. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a tabular listing of all of the activities, showing for each ac- tivity the identification number, the description, the duration, the eariy start, the early finish, the late start, the late finish, the total float, and all predecessor and successor activities for the activ- ity described. 6-1.2.3 Bar Chart. As a part of the Baseline Construction Schedule the Contractor shall pre- pare and submit to the Engineer a chart showing individual tasks and their durations arranged with the tasks on the vertical axis and duration on the horizontal axis. The bar chart shall use differing texture patterns or distinctive line types to show the critical path. Revised 8/10/10 Contract No.4509 p^gg 33 gf ^ 55 6-1.2.4 Schedule Software. The Contractor shall use commercially available software equal to the Windows 2000 compatible "Suretrak" program by Primavera or "Projecf program by Mi- crosoft Corporation to prepare the Baseline Construction Schedule and all updates thereto. The Contractor shall submit to the Agency a CD-ROM data disk with all network information con- tained thereon, in a format readable by a Microsoft Windows 2000 system. The Agency will use a "Suretrak", "Project" or equal software program for review of the Contractor's schedule. Should the Contractor elect to use a scheduling program other than the "Suretrak" program by Primavera or "Projecf program by Microsoft Corporation the Contractor shall provide the Engi- neer three copies of the substituted program that are fully licensed to the Agency and 32 class hours of on-site training by the program publisher for up to eight Agency staff members. The classes shall be presented on Mondays through Thursdays, inclusive, between the hours of 8:00 a.m. and 5:00 p.m. The on-site training shall be held at 1635 FaradayAvenue, Carisbad, California. The dates and times of the on-site training shall be submitted to the Engineer for ap- proval five working days before the start of the on-site training. The on-site training shall be completed prior to the submittal of the first Baseline Construction Schedule. 6-1.2.5 Schedule Activities. Except for submittal activities, activity durations shall not be shorter than 1 working day nor longer than 15 working days, unless specifically and individually allowed by the Engineer. The Baseline Construction Schedule shall include between 100 and 500 activities, including submittals, interfaces between utility companies and other agencies, project milestones and equipment and material deliveries. The number of activities will be suffi- cient. In the judgment of the Engineer, to communicate the Contractor's plan for project execu- tion, to accurately describe the project work, and to allow monitoring and evaluation of progress and of time impacts. Each activity's description shall accurately define the work planned for the activity and each activity shall have recognizable beginning and end points. 6-1.2.6 Float. Float or slack time within the schedule is available without charge or compensa- tion to whatever party or contingency first exhausts it. 6-1.2.7 Restraints to Activities. Any submittals, utility Interfaces, or any furnishing of Agency supplied materials, equipment, or sen/ices, which may impact any activity's construction shall be shown as a restraint to those activities. Time periods to accommodate the review and correction of submittals shall be included in the schedule. 6-1.2.8 Late Completion. A Baseline Construction Schedule showing a project duration longer than the specified contract duration will not be acceptable and will be grounds for detennination of default by Contractor, per Section 6-4. Revised 8/10/10 Contract No.4509 Page 84 of 155 6-1.2.9 Early Completion. The Baseline Construction Schedule will show the Contractor's plan to support and maintain the project for the entire contractual time span of the project. Should the Contractor propose a project duration shorter than contract duration, a complete Baseline Construction Schedule must be submitted, reflecting the shorter duration, in complete accordance with all schedule requirements of Section 6-1. The Engineer may choose to accept the Contractor's proposal of a project duration shorter than the duration specified; provided the Agency is satisfied the shortened Baseline Construction Schedule is reasonable and the Agency and all other entities, public and private, which interface with the project are able to support the provisions of the shortened Baseline Construction Schedule. The Agency's acceptance of a shortened duration project will be confirmed through the execution of a contract change order revising the project duration and Implementing all contractual requirements including liquidated damages in accordance with the revised duration. 6-1.2.10 Engineer's Review. The Construction Schedule is subject to the review of the Engi- neer. The Engineer's determination that the Baseline Construction Schedule proposed by the Contractor complies with the requirements of these supplemental provisions shall be a condition precedent to issuance of the Notice to Proceed by the Engineer. If the Engineer determines that the Construction Schedule does not meet the requirements of these specifications the Contrac- tor shall correct the Construction Schedule to meet these specifications and resubmit it to the Engineer. Failure of the Contractor to obtain the Engineer's determination that the initial Con- struction Schedule proposed by the Contractor complies with the requirements of these supple- mental provisions within thirty (30) working days after the date of the preconstruction meeting shall be grounds for tennination of the contract per Section 6-4. Days used by the Engineer to review the initial Construction Schedule will not be included in the 30 working days. The Engineer will review and return to the Contractor, with any comments, the Baseline Con- struction Schedule within 15 working days of submittal. The Baseline Construction Schedule will be returned marked as per Sections 6-1.2.10.1 through 6-1.2.10.3. 6-1.2.10.1 "Accepted." The Contractor may proceed with the project work upon issuance of the Notice to Proceed, and will receive payment for the schedule in accordance with Section 6-1.8.1. 6-1.2.10.2 "Accepted with Comments." The Contractor may proceed with the project work upon issuance of the Notice to Proceed. The Contractor must resubmit the schedule incorporat- ing the comments prior to receipt of payment per Section 6-1.8.1. 6-1.2.10.3 "Not Accepted." The Contractor must resubmit the schedule incorporating the cor- rections and changes of the comments prior to receipt of payment per Section 6-1.8.1. The No- tice to Proceed will not be issued by the Engineer if the changes of the comments are not sub- mitted as required hereinbefore and marked "Accepted" or "Accepted with Comments" by the Engineer. The Contractor, at the sole option of the Engineer, may be considered as having de- faulted the contract under the provisions of Section 6-4 DEFAULT BY CONTRACTOR if the changes of the comments are not submitted as required hereinbefore and marked "Accepted" by the Engineer. .3 ^f' Revised 8/10/10 Contract No.4509 Page 85 of 155 6-1.3 Preparation of Schedule Updates and Revisions. The Contractor shall meet with the Engineer during the last week of each month to agree upon each activity's schedule status and shall submit monthly updates of the Baseline Construction Schedule confirming the agreements no later than the fifth working day of the following month. The monthly update will be submitted on hard (paper) copy and electronic media conforming to Section 6-1.3.3 Electronic Media per the submittal requirements of Section 2-5.3 and will include each item and element of Sections 6-1.2 through 6-1.2.9 and 6-1.3.1 through 6-1.3.7. 6-1.3.1 Actual Activity Dates. The actual dates each activity was started and/or completed dur- ing the month. After first reporting an actual date, the Contractor shall not change that actual date in later updates without specific notification to the Engineer with the update. 6-1.3.2 Activity Percent Complete. For each activity undenway at the end of the month, the Contractor shall report the percentage determined by the Engineer as complete for the activity. 6-1.3.3 Electronic Media. The schedule data disk shall be a CD-ROM, labeled with the project name and number, the Contractor's name and the date of preparation of the schedule data disk. The schedule data disk shall be readable by the software specified in Section 6-1.2.4 "Sched- ule Software" and shall be free of file locking, encryption or any other protocol that would im- pede full access of all data stored on it. 6-1.3.4 List of Changes. A list of all changes made to the activities or to the interconnecting logic, with an explanation for each change. 6-1.3.5 Change Orders. Each monthly update will Include the addition of the network revisions reflecting the change orders approved in the previous month. The network revisions will be as agreed upon during the review and acceptance of the Contractor's change orders. 6-1.3.6 Bar Chart. Each monthly update will include a chart showing individual tasks and their durations arranged with the tasks on the vertical axis and duration on the horizontal axis. The bar chart shall use differing texture patterns or distinctive line types to show the critical path. 6-1.4 Engineer's Review of Updated Construction Schedule. The Engineer will review and return the Updated Construction Schedule to the Contractor, with any comments, within 5 work- ing days of submittal. The Updated Construction Schedule will be retumed marked as per Sec- tions 6-1.4.1 through 6-1.4.3. Any Updated Construction Schedule marked "Accepted with Comments" or "Not Accepted" by the Engineer will be returned to the Contractor for correction. Upon resubmittal the Engineer will review and return the resubmitted Updated Construction Schedule to the Contractor, with any comments, within 5 working days. Failure of the Contrac- tor to submit a monthly updated construction schedule will Invoke the same consequences as the Engineer returning a monthly updated construction schedule marked "Not Accepted". 6-1.4.1 "Accepted." The Contractor may proceed with the project work, and will receive pay- ment for the schedule in accordance with Section 6-1.8.2. 6-1.4.2 "Accepted with Comments." The Contractor may proceed with the project work. The Contractor must resubmit the Updated Construction Schedule to the Engineer incorporating the corrections and changes noted in the Engineer's comments prior to receipt of payment per Section 6-1.8.2. Revised 8/10/10 Contract No.4509 Page 86 of 155 6-1.4.3 "Not Accepted." The Contractor must resubmit the Updated Construction Schedule to the Engineer incorporating the corrections and changes noted in the Engineer's comments prior to receipt of payment per Section 6-1.8.2. The Contractor, at the sole option of the Engineer, may be considered as having defaulted the contract under the provisions of Section 6-4 DEFAULT BY CONTRACTOR if the changes of the comments are not submitted and marked "Accepted" by the Engineer before the last day of the month in which the Updated Construction Schedule is due. If the Contractor fails to submit the corrected Updated Construction Schedule as required herein the Contractor may elect to proceed with the project at its own risk. Should the Contractor elect not to proceed with the project, any resulting delay, impact, or disruption to the project will be the Contractor's responsibility. 6-1.5 Late Completion or Milestone Dates. Should the Schedule Update indicate a comple- tion or contractually required milestone date later than the properiy adjusted contract or mile- stone duration, the Agency may withhold Liquidated Damages for the number of days late. Should a subsequent "Accepted" Schedule Update remove all or a portion of the delay, all or the allocated portion of the previously held Liquidated Damages shall be released In the monthly payment to the Contractor immediately following the "Accepted" schedule. 6-1.6 Interim Revisions. Should the actual or projected progress of the work become substan- tially different from that depicted in the Project Schedule, independently of and prior to the next monthly update, the Contractor will submit a revised Baseline Construction Schedule, with a list and explanation of each change made to the schedule. The Revised Construction Schedule will be submitted per the submittal requirements of Section 2-5.3 and per the schedule review and acceptance requirements of Section 6-1, including but not limited to the acceptance and pay- ment provisions. As used in this section "substantially differenf means a time variance greater than 5 percent of the number of days of duration for the project. 6-1.7 Final Schedule Update. The Contractor shall prepare and submit a final schedule update when one hundred percent of the construction work is completed. The Contractor's Final Sched- ule Update must accurately represent the actual dates for all activities. The final schedule update shall be prepared and reviewed per Sections 6-1.3 Preparation of Schedule Updates and Revi- sions and 6-1. 4 Engineer's Review of Updated Construction Schedule. Acceptance of the final schedule update is required for completion of the project and release of any and all funds retained per Section 9-3.2. 6-1.8 Measurement and Payment of Construction Schedule. The Contractor's preparation, revision and maintenance of the Construction Schedule are incidental to the work and no sepa- rate payment will be made therefore. 6-2 PROSECUTION OF WORK. To minimize public inconvenience and possible hazard and to restore street and other work areas to their original condition and state of usefulness as soon as practicable, the Contractor shall diligently prosecute the Work to completion. If the Engineer determines that the Contractor is failing to prosecute the Work to the proper extent, the Contractor shall, upon orders from the Engineer, immediately take steps to remedy the situation. All costs of prosecuting the Work as described herein shall be included in the Contractor's Bid. Should the Contractor fail to take the necessary steps to fully accomplish said purposes, after orders of the Engineer, the Engineer may suspend the work in whole or part, until the Contractor takes said steps. Revised 8/10/10 Contract No.4509 p^gg 37 gf 155 As soon as possible under the provisions of the Specifications, the Contractor shall backfill all excavations and restore to usefulness all improvements existing prior to the start of the Work. If Work is suspended through no fault of the Agency, all expenses and losses incurred by the Contractor during such suspensions shall be borne by the Contractor. If the Contractor fails to properly provide for public safety, traffic, and protection of the Work during periods of suspension, the Agency may elect to do so, and deduct the cost thereof from monies due the Contractor. Such actions will not relieve the Contractor from liability. 6-2.1 Order of Work. The work to be done shall consist of furnishing all labor, equipment and materials, and performing all operations necessary to complete the Project Work as shown on the Project Plans and as specified in the Specifications. The work includes exterior concrete flatwork improvements, maintenance, and sewer repairs for the leased blockhouse, which is owned by the State of California Parks Department. Some phases or portions of phases may overiap each other and/or occur during the same time period. 6-2.2.5 Weekend Work. Weekend work shall be perfonned by the Contractor to reconstruct the areas within the Project Boundary per the Site Plan. The Contractor may conduct removal work during hours of darkness. Installation of materials shall be performed only during the hours of work specified in Section 6-7 of these supplemental provisions. 6-2.3 Project Meetings. The Engineer will establish the time and location of weekly Project Meetings. The Contractor's Representative shall attend each Project Meeting. The Project Rep- resentative shall be the individual detennined under Section 7-6, 'The Contractor's Representa- tive". No separate payment for attendance of the Contractor, the Contractor's Representative or any other employee or subcontractor or subcontractor's employee at these meetings will be made. 6-3 SUSPENSION OF WORK. 6-3.1 General. The Wori< may be suspended in whole or in part when determined by the Engi- neer that the suspension is necessary in the interest of the Agency. The Contractor shall comply immediately with any written order of the Engineer. Such suspension shall be without liability to the Contractor on the part of the Agency except as othenwise specified in Section 6-6.3. 6-3.2 Archaeological and Paleontological Discoveries. If discovery is made of items of ar- chaeological or paleontological interest, the Contractor shall immediately cease excavation in the area of discovery and shall not continue until ordered by the Engineer. When resumed, excavation operations within the area of discovery shall be as directed by the Engineer. Discoveries which may be encountered may include, but not be limited to, dwelling sites, stone implements or other artifacts, animal bones, human bones, and fossils. The Contractor shall be entitled to an extension of time and compensation in accordance with the provisions of Section 6-6. 6-4 DEFAULT BY CONTRACTOR. If the Contractor fails to begin delivery of material and equipment, to commence the Work within the time specified, to maintain the rate of delivery of material, to execute the Work in the manner and at such locations as specified, or fails to maintain the Work schedule which will insure the Agency's interest, or, if the Contractor is not carrying out .3 Revised 8/10/10 Contract No.4509 p^gg 33 gf 155 \mi*^' the intent of the Contract, the Agency may serve written notice upon the Contractor and the Surety on its Faithful Performance Bond demanding satisfactory compliance with the Contract. The Contract may be canceled by the Board without liability for damage, when in the Board's opinion the Contractor is not complying in good faith, has become insolvent, or has assigned or subcontracted any part of the Work without the Board's consent. In the event of such cancellation, the Contractor will be paid the actual amount due based on Contract Unit Prices or lump sums bid and the quantity of the Work completed at the time of cancellation, less damages caused to the Agency by acts of the Contractor. The Contractor, in having tendered a Bid, shall be deemed to have waived any and all claims for damages because of cancellation of Contract for any such reason. If the Agency declares the Contract canceled for any of the above reasons, written notice to that effect shall be served upon the Surety. The Surety shall, within five (5) days, assume control and perfonn the Work as successor to the Contractor. If the Surety assumes any part of the Work, it shall take the Contractor's place in all respects for that part, and shall be paid by the Agency for all work performed by It in accordance with the Contract. If the Surety assumes the entire Contract, all money due the Contractor at the time of its default shall be payable to the Surety as the Work progresses, subject to the temns of the Contract. If the Surety does not assume control and perform the Work within 5 days after receiving notice of cancellation, or fails to continue to comply, the Agency may exclude the Surety from the prem- ises. The Agency may then take possession of all material and equipment and complete the Work by Agency forces, by letting the unfinished Work to another Contractor, or by a combination of such methods. In any event, the cost of completing the Work shall be charged against the Con- tractor and its Surety and may be deducted from any money due or becoming due from the Agency. If the sums due under the Contract are insufficient for completion, the Contractor or Surety shall pay to the Agency within 5 days after the completion, all costs in excess of the sums due. The provisions of this section shall be in addition to all other rights and remedies available to the Agency under law. 6-5 TERMINATION OF CONTRACT. The Board may terminate the Contract at its own dis- cretion or when conditions encountered during the Work make it impossible or impracticable to proceed, or when the Agency is prevented from proceeding with the Contract by act of God, by law, or by official action of a public authority. .3 ^•f' Revised 8/10/10 Contract No.4509 p^gg 39 gf -j 55 6-6 DELAYS AND EXTENSIONS OF TIME. 6-6.1 General. If delays are caused by unforeseen events beyond the control of the Contractor, such delays will entitle the Contractor to an extension of time as provided herein, but the Contrac- tor will not be entitled to damages or additional payment due to such delays, except as provided in 6-6.3. Such unforeseen events may include: war, government regulations, labor disputes, strikes, fires, floods, adverse weather or elements necessitating cessation of work, inability to obtain materials, labor or equipment, required extra work, or other specific events as may be further described in the Specifications. No extension of time will be granted for a delay caused by the Contractor's inability to obtain materials unless the Contractor furnishes to the Engineer documentary proof, the proof must be provided in a timely manner in accordance with the sequence of the Contractor's operations and the approved construction schedule. If delays beyond the Contractor's control are caused by events otherthan those mentioned above, the Engineer may deem an extension of time to be in the best interests of the Agency. The Con- tractor will not be entitled to damages or additional payment due to such delays, except as pro- vided in Section 6-6.3. If delays beyond the Contractor's control are caused solely by action or inaction by the Agency, such delays will entitle the Contractor to an extension of time as provided in Section 6-6.2. 6-6.2 Extensions of Time. Extensions of time, when granted, will be based upon the effect of delays to the Work. They will not be granted for noncontrolling delays to minor portions of the Work unless it can be shown that such delays did or will delay the progress of the Wori<. 6-6.3 Payment for Delays to Contractor. The Contractor will be compensated for damages incurred due to delays for which the Agency is responsible. Such actual costs will be determined by the Engineer. The Agency will not be liable for damages which the Contractor could have avoided by any reasonable means, such as judicious handling of forces, equipment, or plant. The determination of what damages the Contractor could have avoided will be made by the Engineer. 6-6.4 Written Notice and Report. The Contractor shall provide written notice to the Engineer within two hours of the beginning of any period that the Contractor has placed any workers or equipment on standby for any reason that the Contractor has detennined to be caused by the Agency or by any organization that the Agency may othenwise be obligated by. The Contractor shall provide continuing daily written notice to the Engineer, each working day, throughout the duration of such period of delay. The initial and continuing written notices shall include the clas- sification of each workman and supervisor and the make and model of each piece of equipment placed on standby, the cumulative duration of the standby, the Contractor's opinion of the cause of the delay and a cogent explanation of why the Contractor could not avoid the delay by rea- sonable means. Should the Contractor fail to provide the notice(s) required by this section the Contractor agrees that no delay has occurred and that it will not submit any claim(s) therefore. .3 Revised 8/10/10 Contract No.4509 Page 90 Of 155 6-7 TIME OF COMPLETION. 6-7.1 General. The Contractor shall complete the Work within the time set forth in the Contract. The Contractor shall complete each portion of the Work within such time as set forth in the Con- tract for such portion. The time of completion of the Contract shall be expressed in calendar days. The Contractor shall diligently prosecute the work to completion within 45_working days after the starting date specified in the Notice to Proceed. 6-7.2 Working Day. A working day is any day within the period between the start of the Contract time as defined in Section 6-1 and the date provided for completion, or upon field acceptance by the Engineer for all work provided for in the Contract, whichever occurs first, other than: 1. Saturday, 2. Sunday, 3. any day designated as a holiday by the Agency, 4. any other day designated as a holiday in a Master Labor Agreement entered into by the Contractor or on behalf of the Contractor as an eligible member of a contractor associa- tion, 5. any day the Contractor is prevented from working at the beginning of the workday for cause as defined in Section 6-6.1, 6. any day the Contractor is prevented from working during the first 5 hours with at least 60 percent of the nonnal work force for cause as defined in Section 6-6.1. Unless otherwise approved in writing by the Engineer, the hours of work shall be between the hours of 7:00 a.m. and 4:00 p.m. on Mondays through Sundays, excluding Agency holidays. The Contractor shall obtain the written approval of the Engineer if the Contractor desires to work outside said hours or at any time during weekends and/or holidays. This written pennission must be obtained at least 48 hours prior to such work The Engineer may approve work outside the hours and/or days stated herein when, in his/her sole opinion, such work conducted by the Contractor is beneficial to the best interests of the Agency. The Contractor shall pay the inspec- tion costs of such work. No work involving excavation, concrete demolishing, trenching, and concrete placement and/or finishing shall be perfonned by the contractor between Monday thru Sunday 6:00AM and 6:00PM. The Contractor shall incorporate the dates, areas and types of wori< prohibited in this section in the Construction Schedule required by Section 6.1. No additional payment, adjust- ment of bid prices or adjustment of contract time of completion will be allowed as a conse- quence of the prohibition of work being performed within the dates, areas and/or types of work prohibited in this section. Contractor is hereby advised that the Engineer will require after hours and weekend throughout the project to accomplish any work involving excavation, concrete demolishing, trenching, and concrete placement and/or finishing work for (a) the replacement of any plumbing work and (b) other ancillary areas as required to complete the work in an expeditious manner. The remaining work schedules for above work referenced in (b) will be at the Engineer's option. .3 Revised 8/10/10 Contract No.4509 Page 91 of 155 6-7.3 Contract Time Accounting. The Engineer will make a daily determination of each work- ing day to be charged against the Contract time. These determinations will be discussed and the Contractor will be furnished a periodic statement showing allowable number of working days of Contract time, as adjusted, at the beginning of the reporting period. The statement will also indi- cate the number of working days charged during the reporting period and the number of working days of Contract time remaining. If the Contractor does not agree with the statement, it shall file a written protest within 15 days after receipt, setting forth the facts of the protest. Othenwise, the statement will be deemed to have been accepted. 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY. The Work will be inspected by the Engineer for acceptance upon receipt of the Contractor's written assertion that the Work has been completed. The Engineer will not accept the Work or any portion of the Work before all of the Work is com- pleted and all outstanding deficiencies that may exist are corrected by the Contractor and the Engineer is satisfied that all the materials and workmanship, and all other features of the Work, meet the requirements of all of the specifications for the Work. Use, temporary, interim or perma- nent, of all, or portions of, the Work does not constitute acceptance of the Work. If, in the Engi- neer's judgment, the Work has been completed and is ready for acceptance the Engineer will so certify to the Board. Upon such certification by the Engineer the Board may accept the completed Work. Upon the Board's acceptance of the Work the Engineer will cause a "Notice of Completion" to be filed in the office of the San Diego County Recorder. The date of recordation shall be the date of completion of the Work. All work shall be warranted for one (1) year after recordation of the "Notice of Completion" and any faulty work or materials discovered during the warranty period shall be repaired or replaced by the Contractor, at its expense. Twenty-five percent of the faithful performance bond shall be retained as a warranty bond for the one year warranty period. The Contractor shall replace or repair any such defective work in a manner satisfactory to the Engineer, after notice to do so from the Engineer, and within the time specified in the notice. If the Contractor fails to make such replacement or repairs within the time specified in the notice, the Agency may perfonn this work and the Contractor's sureties shall be liable for the cost thereof. Revised 8/10/10 Contract No.4509 Page 92 of 155 6-9 LIQUIDATED DAMAGES. Failure of the Contractor to complete the Work within the time allowed will result in damages being sustained by the Agency. For each consecutive calendar day in excess of the time specified for completion of Work, as adjusted in accordance with Section 6- 6, the Contractor shall pay the Agency, or have withheld monies due it, the sum of five hundred Dollars ($500.00). Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due the Contractor if such delay occurs. Execution of the Contract shall constitute agreement by the Agency and Contractor that five hun- dred dollars ($500.00) per day is the minimum value of costs and actual damages caused by the Contractor to complete the Work within the allotted time. Any progress payments made after the specified completion date shall not constitute a waiver of this paragraph or of any damages. 6-10 USE OF IMPROVEMENT DURING CONSTRUCTION. The Agency resen/es the right to take over and utilize all or part of any completed facility or appurtenance. The Contractor will be notified in writing in advance of such action. Such action by the Agency will relieve the Contractor of responsibility for injury or damage to said completed portions of the improvement resulting from use by public traffic or from the action of the elements or from any other cause, except Contractor operations or negligence. The Contractor will not be required to reclean such portions of the im- provement before field acceptance, except for cleanup made necessary by its operations. Nothing in this section shall be construed as relieving the Contractor from full responsibility for correcting defective work or materials. In the event the Agency exercises its right to place into sen/ice and utilize all or part of any com- pleted facility or appurtenance, the Agency will assume the responsibility and liability for injury to persons or property resulting from the utilization of the facility or appurtenance so placed into sen/ice, except for any such Injury to persons or property caused by any willful or negligent act or omission by the Contractor, Subcontractor, their officers, employees, or agents. Revised 8/10/10 Contract No.4509 p^gg 93 gf •] 55 SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-1 CONTRACTOR'S EQUIPMENT AND FACILITIES. The Contractor shall furnish and maintain in good condition all equipment and facilities as required for the proper execution and inspection of the Work. Such equipment and facilities shall meet all requirements of applicable ordinances and laws. 7-2 LABOR. 7-2.1 General. Only competent workers shall be employed on the Work. Any person employed who is found to be incompetent, intemperate, troublesome, disorderly, or othenwise objectionable, or who fails or refuses to perform work properly and acceptably, shall be immediately removed from the Work by the Contractor and not be reemployed on the Work. 7-2.2 Laws. The Contractor, its agents, and employees shall be bound by and comply with ap- plicable provisions of the Labor Code and Federal, State, and local laws related to labor. The Contractor shall strictly adhere to the provisions of the Labor Code regarding minimum wages; the 8-hour day and 40-hour week; overtime; Saturday, Sunday, and holiday work; and nondiscrimination because of race, color, national origin, sex, or religion. The Contractor shall forfeit to the Agency the penalties prescribed in the Labor Code for violations. 7-3 LIABILITY INSURANCE. Insurance shall be required as specified in section 10 of the Public Works Contract. The cost of this insurance shall be included in the Contractor's Bid. 7-4 WORKERS' COMPENSATION INSURANCE. Before execution of the Contract by the Board, the Contractor shall file with the Engineer the following signed certification: "1 am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' com- pensation or to undertake self-insurance in accordance with the provi- sions of that code, and I will comply with such provisions before com- mencing the performance of the work of this contract." The Contractor shall also comply with Section 3800 of the Labor Code by securing, paying for, and maintaining in full force and effect for the duration of the contract, complete Workers' Com- pensation Insurance, and shall furnish a Certificate of Insurance to the Engineer before execution of the Contract. The Agency, its officers, or employees, will not be responsible for any claims in law or equity occasioned by failure of the Contractor to comply with this paragraph. All compensation insurance policies shall bear an endorsement or shall have attached a rider whereby it is provided that, In the event of expiration or proposed cancellation of such policies for any reason whatsoever, the Agency shall be notified by registered mail not less than 30 days before expiration or cancellation Is effective. All insurance is to be placed with insurers that are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of .3^^^ Revised 8/10/10 Contract No.4509 Page 94 of 155 •v.,.. the State of California. Policies issued by the State Compensation Fund meet the requirement for workers' compensation insurance. 7-5 PERMITS. Except as specified herein the Contractor will obtain, at no cost to the Contrac- tor all City of Carlsbad encroachment, right-of-way, grading and building permits necessary to perform work for this contract on Agency property, streets, or other rights-of-way. Contractor shall not begin work until all permits incidental to the work are obtained. The Contractor shall obtain and pay for all permits for the disposal of all materials removed from the project. The cost of said permit(s) shall be included in the price bid for the appropriate bid item and no additional compen- sation will be allowed therefore. The Contractor shall obtain and pay for all costs incurred for permits necessitated by its operations such as, but not limited to, those pennits required for night work, overioad, blasting, and demolition. For private contracts, the Contractor shall obtain all per- mits incidental to the Wori< or made necessary by its operations, and pay all costs incurred by the permit requirements. The Contractor shall pay all business taxes or license fees that are required for the work. 7-6 THE CONTRACTOR'S REPRESENTATIVE. Before starting work, the Contractor shall designate in writing a representative who shall have complete authority to act for it. An altemative representative may be designated as well. The representative or alternate shall be present at the Work site whenever work is in progress or whenever actions of the elements necessitate its pres- ence to take measures necessary to protect the Work, persons, or property. Any order or com- munication given to this representative shall be deemed delivered to the Contractor. A joint ven- ture shall designate only one representative and alternate. In the absence of the Contractor or its representative, instructions or directions may be given by the Engineer to the superintendent or person in charge of the specific work to which the order applies. Such order shall be complied with promptly and referred to the Contractor or its representative. In order to communicate with the Agency, the Contractor's representative, superintendent, or per- son in charge of specific work shall be able to speak, read, and write the English language. 7-7 COOPERATION AND COLLATERAL WORK. The Contractor shall be responsible for ascertaining the nature and extent of any simultaneous, collateral, and essential work by others. The Agency, its workers and contractors and others, shall have the right to operate within or adjacent to the Work site during the performance of such work. The Agency, the Contractor, and each of such workers, contractors and others, shall coordinate their operations and cooperate to minimize interference. The Contractor shall include in its Bid all costs involved as a result of coordinating its work with others, the Contractor will not be entitled to additional compensation from the Agency for dam- ages resulting from such simultaneous, collateral, and essential work. If necessary to avoid or minimize such damage or delay, the Contractor shall redeploy its work force to other parts of the Work. Should the Contractor be delayed by the Agency, and such delay could not have been reasonably foreseen or prevented by the Contractor, the Engineer will determine the extent of the delay, the effect on the project, and any extension of time. .3 Revised 8/10/10 Contract No.4509 Page 95 of 155 7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility compa- nies during the relocation or construction of their lines. The Contractor may be granted a time extension if, in the opinion of the Engineer, a delay is caused by the utility company. No addi- tional compensation will be made to the Contractor for any such delay. 7-8 PROJECT SITE MAINTENANCE. 7-8.1 Cleanup and Dust Control. Throughout all phases of construction, including suspension of work, and until the final acceptance, the Contractor shall keep the site clean and free from rubbish and debris. The Contractor shall also abate dust nuisance by cleaning, sweeping and sprinkling with water, or other means as necessary. The use of water resulting in mud on public streets will not be permitted as a substitute for sweeping or other methods. When required by the Plans or Specifications, the Contractor shall furnish and operate a self- loading motor sweeper with spray nozzles at least once each working day for the purpose of keeping paved areas acceptably clean wherever construction, including restoration, is Incom- plete. Materials and equipment shall be removed from the site as soon as they are no longer necessary. Before the final inspection, the site shall be cleared of equipment, unused materials, and rubbish so as to present a satisfactory clean and neat appearance. All cleanup costs shall be included in the Contractor's Bid. Care shall be taken to prevent spillage on haul routes. Any such spillage shall be removed imme- diately and the area cleaned. .-m^ Excess excavation material from catch basins or similar structures shall be removed from the site immediately. Sufficient material may remain for use as backfill if permitted by the Specifications. Forms and form lumber shall be removed from the site as soon as practicable after stripping. Failure of the Contractor to comply with the Engineer's cleanup orders may result in an order to suspend work until the condition is corrected. No additional compensation will be allowed as a result of such suspension. Cleanup and dust control required herein shall also be executed on weekends and other non-working days when needed to preserve the health safety or welfare of the public. The Con- tractor 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 dis- cretion, are necessary to presen/e the health, safety and welfare of the public. Cleanup and dust control shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. 7-8.2 Air Pollution Control. The Contractor shall not discharge smoke, dust, or any other air contaminants into the atmosphere in such quantity as will violate the regulations of any legally constituted authority. 7-8.3 Vermin Control. At the time of acceptance, structures entirely constructed under the Con- tract shall be free of rodents, insects, vermin, and pests. Necessary extermination work shall be arranged and paid for by the Contractor as part of the Work within the Contract time, and shall be performed by a licensed exterminator in accordance with requirements of governing authorities. Revised 8/10/10 Contract No.4509 Page 96 of 155 The Contractor shall be liable for injury to persons or property and responsible for the elimination of offensive odors resulting from extermination operations. 7-8.4 Sanitation. The Contractor shall provide and maintain enclosed toilets for the use of em- ployees 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 Contractor disrupt existing sewer facilities, sew- age shall be conveyed in closed conduits and disposed of in a sanitary sewer system. Sewage shall not be permitted to flow in trenches or be covered by backfill. 7-8.5 Temporary Light, Power, and Water. The Contractor shall furnish, install, maintain, and remove all temporary light, power, and water at its own expense. These include piping, wiring, lamps, and other equipment necessary for the Work. The Contractor shall not draw water from any fire hydrant (except to extinguish a fire), without obtaining permission from the water agency concerned. The Contractor shall obtain a construction meter for water used for the construction, plant establishment, maintenance, cleanup, testing and all other work requiring water related to this contract. The Contractor shall contact the appropriate water agency for requirements. The Contractor shall pay all costs of temporary light, power and water including hookup, service, meter and any, and all, other charges, deposits and/or fees therefore. Said costs shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. 7-8.6 Water Pollution Control. The Contractor shall exercise every reasonable precaution to protect channels, storm drains, and bodies of water from pollution. It shall conduct and schedule operations so as to minimize or avoid muddying and silting of said channels, drains, and waters. Water pollution control work shall consist of constructing those facilities which may be required to provide prevention, control, and abatement of water pollution. The Contractor shall comply with the California State Water Resources Control Board (SWRCB) Order Number 99-08-DWQ, National Pollutant Discharge Elimination System (NPDES) General Permit Number CAS000002, Waste Discharge Requirements (WDR's) for Discharges of Storm- water Runoff associated with Construction Activity (General Pennit) and subsequent adopted modifications and with all requirements of the Storm Water Pollution Prevention and Monitoring Plans for this project in accordance with these regulations. The Notice of Intent (NOI) shall not be filed for the project. 7-8.7 Drainage Control. The Contractor shall maintain drainage within and through the work areas. Earth dams will not be permitted in paved areas. Temporary dams of sandbags, asphaltic concrete, or other acceptable material will be permitted when necessary. Such dams shall be removed from the site as soon as their use is no longer necessary. 7-8.8 Noise Control. All internal combustion engines used in the construction shall be equipped with mufflers in good repair when in use on the project with special attention to the City Noise Control Ordinance, Carisbad Municipal Code Chapter 8.48. 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS. The Contractor shall be responsible for the protection of public and private property adjacent to the Work and shall exercise due caution to avoid damage to such property. Revised 8/10/10 Contract No.4509 Page 97 of 155 The Contractor shall repair or replace all existing improvements within the right-of-way which are not designated for removal (e.g., curbs, sidewalks, driveways, fences, walls, signs, utility installa- tions, pavement, structures, etc.) which are damaged or removed as a result of its operations. When a portion of a sprinkler system within the right-of-way must be removed, the remaining lines shall be capped. Repairs and replacements shall be at least equal to existing improvements and shall match them in finish and dimension. Maintenance of street and traffic signal systems that are damaged, temporarily removed or relo- cated shall be done in conformance with 307-1.5. Trees, lawns, and shrubbery that are not to be removed shall be protected from damage or injury. If damaged or removed due to Contractor's operations, they shall be restored or replaced in as nearly the original condition and location as is reasonably possible. Lawns shall be reseeded and covered with suitable mulch. The Contractor shall give reasonable notice to occupants or owners of adjacent property to permit them to salvage or relocate plants, trees, fences, sprinklers, and other improvements, within the right-of-way which are designated for removal and would be destroyed because of the Work. All costs to the Contractor for protecting, removing, and restoring existing improvements shall be included in the Bid. 7-10 PUBLIC CONVENIENCE AND SAFETY. 7-10.1 Traffic and Access. The Contractor's operations shall cause no unnecessary inconven- ience. The access rights of the public shall be considered at all times. Unless othenwise author- J ized, traffic shall be permitted to pass through the Wori<, or an approved detour shall be provided. ^ Safe and adequate pedestrian and vehicular access shall be provided and maintained to: fire hydrants; commercial and industrial establishments; churches, schools and parking lots; sen/ice stations and motels; hospitals; police and fire stations; and establishments of similar nature. Ac- cess to these facilities shall be continuous and unobstructed unless othenwise approved by the Engineer. Safe and adequate pedestrian zones and public transportation stops, as well as pedestrian cross- ings of the Work at inten/als not exceeding 90 m (300 feet), shall be maintained unless othenwise approved by the Engineer. Vehicular access to residential driveways shall be maintained to the property line except when necessary construction precludes such access for reasonable periods of time. If backfill has been completed to the extent that safe access may be provided, and the street is opened to local traffic, the Contractor shall immediately clear the street and driveways and provide and maintain access. The Contractor shall cooperate with the various parties involved In the delivery of mail and the collection and removal of trash and garbage to maintain existing schedules for these services. Grading operations, roadway excavation and fill construction shall be conducted by the Contractor in a manner to provide a reasonably satisfactory surface for traffic. When rough grading is com- pleted, the roadbed surface shall be brought to a smooth, even condition satisfactory for traffic. Revised 8/10/10 Contract No.4509 p^gg 93 gf 155 Unless othenwise authorized, work shall be performed in only one-half the roadway at one time. One half shall be kept open and unobstructed until the opposite side is ready for use. If one-half a street only is being improved, the other half shall be conditioned and maintained as a detour. The Contractor shall schedule the work so as to prevent damage by all traffic, including but not limited to mail delivery. The Contractor shall not schedule work so as to conflict with trash pickup. The trash hauling schedule can be obtained by calling the City's contracted waste dis- posal company. Coast Waste Management at 929-9417. During overiay operations, the Contractors schedule for overiay application shall be designated to provide residents and business owners whose streets are to be overlaid sufficient paved parking within an 800 foot distance from their homes or businesses. Seventy-two hours prior to the start of any construction in the public right-of-way that affects ve- hicular traffic and/or parking or pedestrian routes, the Contractor shall give written notification of the impending disruption. For a full street closure, all residences and/or businesses on the af- fected street or alley shall be notified. For partial street closures, or curb, sidewalk and drive- way repairs, the residences and/or businesses directly affected by the work shall be notified. The notification shall be hand delivered and shall state the date and time the work will begin and its anticipated duration. The notification shall list two telephone numbers that may be called to obtain additional information. One number shall be the Contractor's permanent office or field office and the other number shall be a 24-hour number answered by someone who is knowl- edgeable about the project. At least one of the phone numbers shall be in the (760) area code. An answering machine shall not be connected to either number. The notification shall also give a brief description of the work and simple instructions to the home or business owner on what they need to do to facilitate the construction. The Contractor shall submit the contents of the notification to the Engineer for approval. Notices shall not be distributed until approved by the Engineer. For residences, the notification shall be pre-cut in a manner that enables it to be affixed to a doorknob without adhesives. It shall be a minimum size of 3-1/2 inches by 8-1/2 inches and shall be brightly colored with contrasting printing. The material shall be equivalent in strength and durability to 65 Ib. card stock. The printing on the notice shall be no smaller than 12 point. An example of such notice is provided in Appendix "A". In addition to the notifications, the contractor shall post no parking signs 72 hours in advance of the work being performed. The no parking signs shall state the date and time of parking re- striction for a duration not to exceed the time necessary to complete the work at that location. Failure of the contractor to meet the posted date requires re-posting the no parking signs 72 hours in advance of the rescheduled work. If the work is delayed or rescheduled the no parking signs shall be removed and re-posted 72 hours in advance of the rescheduled work. The preparation, materials, printing and distribution of the notifications shall be included in the contract price bid for traffic control and the Contractor will not be entitled to any additional com- pensation for printing and distributing these notices. The contractor shall replace all street markings and striping damaged by construction activities. The Contractor shall include in Its Bid all costs for the above requirements. Revised 8/10/10 Contract No.4509 Page 99 of 155 7-10.2 Storage of Equipment and Materials in Public Streets. Construction materials shall not be stored in streets, roads, or highways for more than 5 days after unloading. All materials or equipment not installed or used in construction within 5 days after unloading shall be stored else- where by the Contractor at its expense unless authorized additional storage time. Construction equipment shall not be stored at the Work site before its actual use on the Work nor for more than 5 days after it is no longer needed. Time necessary for repair or assembly of equip- ment may be authorized by the Engineer. Excavated material, except that which is to be used as backfill in the adjacent trench, shall not be stored in public streets unless othenwise permitted. After placing backfill, all excess material shall be removed immediately from the site. 7-10.3 Street Closures, Detours, Barricades. The Contractor shall comply with all applicable State, County, and City requirements for closure of streets. The Contractor shall provide barriers, guards, lights, signs, temporary bridges, flagpersons, and watchpersons. The Contractor shall be responsible for compliance with additional public safety requirements which may arise. The Con- tractor shall furnish and install signs and warning devices and promptly remove them upon com- pletion of the Work. After obtaining the Engineers approval and at least 5 working days before closing, detouring, partially closing or reopening any street, alley or other public thoroughfare the Contractor shall notify the following: 1) The Engineer (760)602-2720 2) Carlsbad Fire Department Dispatch (760) 931 -2197 3) Carlsbad Police Department Dispatch (760)931-2197 4) Carisbad Traffic Signals Maintenance (extension 2937) (760) 438-2980 5) Carisbad Traffic Signals Operations (760) 602-2752 6) North County Transit District (760)967-2828 7) Waste Management (760)929-9400 The Contractor shall comply with their requirements. The Contractor shall obtain the Engineer's written approval prior to deviating from the requirements of 2) through, and including, 7) above. The Contractor shall obtain the written approval no less than five working days prior to placing any traffic control that affects bus stops. The Contractor shall secure approval, in advance, from authorities concemed 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 Califomia 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 Unifonn Traffic Control Devices (FHWA MUTCD 2003 Revision 1, as amended for use in California) and these provisions. If any component in the traffic control system is damaged, displaced, or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair said component to its original condition or replace said component and shall restore the component to its original location. In the event that the Contractor fails to in- stall and/or maintain barricades or such other traffic signs, markings, delineation or devices as may be required herein, the Engineer may, at his/her sole option, install the traffic signs, mark- ings, delineation or devices and charge the Contractor twenty dollars ($25.00) per day per traffic Revised 8/10/10 Contract No.4509 p^gg 1 QO Of 155 sign or device, or the actual cost of providing such traffic control facility, whichever is the greater. 7-10.3.1 Construction Area Sign&and Control Devices. All construction traffic signs and con- trol devices shall be maintained throughout the duration of work in good order and according to the approved traffic control plan. All construction area signs shall conform to the provisions of Section 206-7.2 et seq. All temporary reflective pavement markers shall confonn to the provi- sions of Section 214-5.1 .et seq. All temporary reflective channelizers shall conform to the provi- sions of Section 214-5.2 et seq. All paint for temporary traffic striping, pavement marking, and curb marking shall conform to the provisions of Section 210-1.6 et seq. except that all temporary paint shall be rapid dry water borne conforming to Section 210-1.6 for materials and Section 310-5 et seq. For workmanship. Warning and advisory signs, lights and devices installed or placed to provide traffic control, direction and/or warning shall be furnished, installed and main- tained by the Contractor. Warning and advisory signs, lights and devices shall be promptly re- moved by the Contractor when no longer required. Waming and advisory signs that remain in place overnight shall be stationary mounted signs. Stationary signs that warn of non-existent conditions shall be removed from the traveled way and from the view of motorists in the traveled way or shielded from the view of the traveling public during such periods that their message does not pertain to existing conditions. Care shall be used in performing excavation for signs in order to protect underground facilities. All excavation required to install stationary construction area signs shall be performed by hand methods without the use of power equipment. Waming and advisory signs that are used only during working hours may be portable signs. Portable signs shall be removed from the traveled way and shielded from the view of the traveling public during non-working hours. During the hours of darkness, as defined in Division 1, Section 280, of the California Vehicle Code, portable signs shall be illuminated or, at the option of the Con- tractor, shall be in confonnance with the provisions in Section 206-7.2 et seq. If illuminated traf- fic cones rather than post-type delineators are used during the hours of darkness, they shall be affixed or covered with reflective cone sleeves as specified in CALTRANS "Standard Specifica- tions", except the sleeves shall be 7" long. Personal vehicles of the Contractor's employees shall not be parked within the traveled way, including any Section closed to public traffic. When- ever the Contractor's vehicles or equipment are parked on the shoulder within 6' of a traffic lane, the shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taper in advance of the parked vehicles or equipment and along the edge of the pavement at not less than 25' inten/als to a point not less than 25' past the last vehicle or piece of equipment. A minimum of nine (9) cones or portable delineators shall be used for the taper. A W20-1 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted, as required herein, on a signpost or telescoping flag tree with flags. The signpost or flag tree shall be placed where di- rected by the Engineer. 7-10.3.4 Traffic Control for Permanent and Temporary Traffic Striping. During traffic stripe operations, traffic shall be controlled with lane closures, as provided for under "Traffic Control System for Lane Closure" of these Supplemental Provisions or by use of an alternative traffic control plan proposed by the Contractor and approved by the Engineer. The Contractor shall not start traffic striping operations using an altemative plan until the Contractor has submitted its plan to the Engineer and has received the Engineer's written approval of said plan. 7-10.3.5 Temporary Pavement Delineation. Temporary pavement delineation shall be fur- nished, placed, maintained and removed in accordance with the minimum standards specified in the California Manual on Uniform Traffic Control Devices (FHWA MUTCD 2003 Revision 1, as amended for use in California published by CALTRANS. Whenever the work causes oblitera- tion of pavement delineation, temporary or permanent pavement delineation shall be in place prior to opening the traveled way to public traffic. Lane line or centeriine pavement delineation shall be provided at all times for traveled ways open to public traffic. All work necessary, includ- ing any required lines or marks, to establish the alignment of temporary pavement delineation Revised 8/10/10 Contract No.4509 Page 101 of 155 shall be performed by the Contractor. When temporary pavement delineation is removed, all lines and marks used to establish the alignment of the temporary pavement delineation shall be removed by grinding. Surfaces to receive temporary pavement delineation shall be dry and free of dirt and loose ma- terial. Temporary pavement delineation shall not be applied over existing pavement delineation or other temporary pavement delineation. Temporary pavement delineation shall be maintained until superseded or replaced with permanent pavement delineation. Temporary pavement delineation shall be removed when, as determined by the Engineer, the temporary pavement delineation conflicts with the permanent pavement delineation or with a new traffic pattern for the area and is no longer required for the direction of public traffic. When temporary pavement delineation is required to be removed, all lines and marks used to establish the alignment of the temporary pavement delineation shall be removed. 7-10.3.6 Preparation of New, or Modifications and Additions to Existing, Traffic Control Plan Sheets. If no traffic control plans (TCP) or Traffic Control Staging plans (TCP) are included in the project plans, or if the Contractor elects to modify TCP included in the project plans, the Contractor shall have such new or modified TCP prepared and submitted as a part of the Work for any and all construction activities that are located within the traveled way. The Contractor shall have TCP prepared and submitted as a part of the Work for any construction activities that are a part of this project that are not included in the project plans. The Contractor must submit the TCP for the Engineer's review in conformance with the requirements of Section 2-5.3, et seq. and obtain the Engineer's approval of the TCP prior to implementing them. The minimum 20-day review period specified in Section 2-5.3.1 for shop drawings and submittals shall pertain to each submittal of TCP, new, modified or added to, for the Engineer's review. New or revised TCP submittals shall include all TCP needed for the entire duration of the Work. Each phase of the TCP shall be shown in sufficient scale and detail to show the lane widths, transition lengths, cun/e radii, stationing of features affecting the traffic control plan and the methodology proposed to transition to the subsequent TCP phase. When the vertical alignment of the traveled surface differs from the finished pavement elevation vertical curves must also be shown. The level of detail, fonnat, and graphics shall be of quality and size no less than those on "Standard Specifi- cations Reference Traffic Control Plan" Drawing number 368-5. Such modifications, supple- ments and/or new design of TCP shall meet the requirements of the Engineer and the California Manual on Uniform Traffic Control Devices (FHWA MUTCD 2012 Revision 1, as amended for use in California) as published by CALTRANS. Such modification, addition, supplement, and/or new design of TCP shall be prepared by a registered professional engineer appropriately regis- tered in the State of California. The Engineer shall be the sole judge of the suitability and qual- ity of any such modifications, supplements, and/or new designs to TCP. The Engineer may ap- prove any such modifications, supplements, and/or new designs to the TCP when, in the Engi- neer's sole opinion, such modifications, supplements, and/or new designs to the TCP prepared by the registered professional engineer retained by the Contractor will be beneficial to the best interests of the Agency. Such modification, addition, supplement, and/or new design shall not be implemented and no work shall be commenced that is contingent on such approval until the changed TCP are approved by the Engineer. The preparation of such modification, addition, supplement, and/or new designs of TCP shall not presuppose their approval or obligate the Agency in any fashion. Submittal and review requirements for such modifications, supplements, and/or new designs to TCP shall conform to the requirements of Section 2-5.3 Shop Drawings and Submittals. 7-10.3.7 Payment .3 Revised 8/10/10 Contract No.4509 Page 102 of 155 The Contractor shall prepare and implement traffic control plans and shall furnish all labor and materials to perform, install, maintain, replace and remove all traffic control as incidentals to the work with which they are associated and no other compensation will be allowed therefore. 7-10.4 Safety. 7-10.4.1 Safety Orders. The Contractor shall have at the Work site, copies or suitable extracts of: Construction Safety Orders, Tunnel Safety Orders and General Industry Safety Orders issued by the State Division of Industrial Safety. The Contractor shall comply with provisions of these and all other applicable laws, ordinances, and regulations. Before excavating any trench 5 feet or more in depth, the Contractor shall submit a detailed plan to the Agency showing the design of shoring, bracing, sloping, or other provisions to be made for the workers' protection from the hazard of caving ground during the excavation of such trench. If the plan varies from the shoring system standards, the plan shall be prepared by a registered Civil Engineer. No excavation shall start until the Engineer has accepted the plan and the Con- tractor has obtained a permit from the State Division of Industrial Safety. A copy of the pennit shall be submitted to the Engineer. Payment for performing all work necessary to provide safety measures shall be included in the prices bid for other items of work except where separate bid items for excavation safety are pro- vided, or required by law. 7-10.4.2 Use of Explosives. Explosives may be used only when authorized In writing by the Engineer, or as othenwise stated in the Specifications. Explosives shall be handled, used, and stored in accordance with all applicable regulations. The Engineer's approval of the use of explosives shall not relieve the Contractor from liability for claims caused by blasting operations. 7-10.4.3 Special Hazardous Substances and Processes. Materials that contain hazardous substances or mixtures may be required on the Work. A Material Safety Data Sheet as described in Section 5194 of the California Code of Regulations shall be requested by the Contractor from the manufacturer of any hazardous products used. Material usage shall be accomplished with strict adherence to California Division of Industrial Safety requirements and all manufacturer warnings and application instructions listed on the Ma- terial Safety Data Sheet and on the product container label. The Contractor shall notify the Engineer if a specified product cannot be used under safe condi- tions. 7-10.4.4 Confined Spaces. (a) Confined Space Entry Program. The Contractor shall be responsible for implementing, admin- istering and maintaining a confined space entry program (CSEP) in accordance with Sections 5156, 5157 and 5158, Title 8, CCR. Revised 8/10/10 Contract No.4509 Page 103 of 155 Prior to starting the Work, the Contractor shall prepare and submit its comprehensive CSEP to the Engineer. The CSEP shall address all potential physical and environmental hazards and con- tain procedures for safe entry into confined spaces, including, but not limited to the following: 1. Training of personnel 2. Purging and cleaning the space of materials and residue 3. Potential isolation and control of energy and material inflow 4. Controlled access to the space 5. Atmospheric testing of the space 6. Ventilation of the space 7. Special hazards consideration 8. Personal protective equipment 9. Rescue plan provisions The Contractor's submittal shall include the names of its personnel, including subcontractor per- sonnel, assigned to the project who will have CSEP responsibilities, their CSEP training, and their specific assignment and responsibility in carrying out the CSEP. (b) Permit-Required Confined Spaces. Entry into permit-required confined spaces as defined in Section 5157, Title 8, CCR may be required as a part of the Work. All manholes, tanks, vaults, pipelines, excavations, or other enclosed or partially enclosed spaces shall be considered permit- required confined spaces until the pre-entry procedures demonstrate othenwise. The Contractor shall implement a permit space program prior to performing any work in a pennit-required con- fined space. A copy of the permit shall be available at all times for review by Contractor and Agency personnel at the Work site. (c) Payment. Payment for implementing, administering, and providing all equipment and person- nel to perform the CSEP shall be included in the bid items for which the CSEP is required. 7-10.4.5 Safety and Protection of Workers and Public. The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the work is being performed. The Contrac- tor shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and public, and shall use danger signs waming against hazards created by such features of construction as protruding nails, hoists, well holes, and falling materials. 7-11 PATENT FEES OR ROYALTIES. The Contractor shall absorb in its Bid the patent fees or royalties on any patented article or process furnished or used in the Work. The Contractor shall indemnify and hold the Agency hannless from any legal action that may be brought for infringe- ment of patents. 7-12 ADVERTISING. The names, addresses and specialties of Contractors, Subcontractors, architects, or engineers may be displayed on removable signs. The size and location shall be subject to the Engineer's approval. Commercial advertising matter shall not be attached to or painted on the surfaces of buildings, fences, canopies, or barricades. .3 Revised 8/10/10 Contract No.4509 Pagg 104 of 155 7-13 LAWS TO BE OBSERVED. The Contractor shall keep fully informed of State and Na- tional laws and County and Municipal ordinances and regulations which in any manner affect those employed in the Work or the materials used in the Work or in any way affect the conduct of the Work. The Contractor shall at all times obsen/e and comply with such laws, ordinances, and regulations. Municipal ordinances that affect this work include Chapter 11.06. Excavation and Grading. If this notice specifies locations or possible materials, such as borrow pits or gravel beds, for use in the proposed construction project which would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the conditions established pursuant to Section 1601 et seq. of the Fish and Game Code shall become conditions of the contract. 7-14 ANTITRUST CLAIMS. Section 7103.5 of the Public Contract Code provides: "In entering into a public works contract or a subcontract to supply goods, sen/ices, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec 15) or Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from pur- chases of goods, services, or materials pursuant to the public works contract or subcontract. The assignment shall be made and become effective at the time the awarding body tenders final pay- ment to the contractor, without further acknowledgment of the parties." SECTION 9 - MEASUREMENT AND PAYMENT 9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK. 9-1.1 General. Unless othenwise specified, quantities of work shall be determined from meas- urements or dimensions in horizontal planes. However, linear quantities of pipe, piling, fencing and timber shall be considered as being the true length measured along longitudinal axis. .3 ^•f' Revised 8/10/10 Contract No.4509 Page 105 of 155 Unless othenwise provided in Specifications, volumetric quantities shall be the product of the mean area of vertical or horizontal sections and the inten/ening horizontal or vertical dimension. The planimeter shall be considered an instrument of precision adapted to measurement of all areas. 9-1.2 Methods of Measurement. Materials and items of work which are to be paid for on basis of measurement shall be measured in accordance with methods stipulated in the particular sec- tions involved. 9-1.3 Certified Weights. When payment is to be made on the basis of weight, the weighing shall be done on certified platfonn scales or, when approved by the Engineer, on a completely automated weighing and recording system. The Contractor shall furnish the Engineer with dupli- cate licensed weighmaster's certificates showing actual net weights. The Agency will accept the certificates as evidence of weights delivered. 9-1.4 Units of Measurement. The system of measure for this contract shall be the U.S. Standard Measures. 9-2 LUMP SUM WORK. Items for which quantities are indicated "Lump Sum", "L.S.", or "Job", shall be paid for at the price indicated in the Bid. Such payment shall be full compensation for the items of work and all work appurtenant thereto. When required by the Specifications or requested by the Engineer, the Contractor shall submit to the Engineer within 15 days after award of Contract, a detailed schedule in triplicate, to be used only as a basis for determining progress payments on a lump sum contract or designated lump sum bid item. This schedule shall equal the lump sum bid and shall be in such form and sufficiently detailed as to satisfy the Engineer that it correctly represents a reasonable apportionment of the lump sum. 9-3 PAYMENT 9-3.1 General. The quantities listed in the Bid schedule will not govern final payment. Payment to the Contractor will be made only for actual quantities of Contract items constructed in accord- ance with the Plans and Specifications. Upon completion of construction, if the actual quantities show either an increase or decrease from the quantities given in the Bid schedule, the Contract Unit Prices will prevail subject to the provisions of Section 3-2.2.1. The unit and lump sum prices to be paid shall be full compensation for the items of work and all appurtenant work, including furnishing all materials, labor, equipment, tools, and incidentals. Payment will not be made for materials wasted or disposed of in a manner not called for under the Contract. This includes rejected material not unloaded from vehicles, material rejected after it has been placed, and material placed outside of the Plan lines. No compensation will be allowed for disposing of rejected or excess material. Payment for work performed or materials furnished under an Assessment Act Contract will be made as provided in particular proceedings or legislative act under which such contract was awarded. Revised 8/10/10 Contract No.4509 Page 106 of 155 Whenever any portion of the Work is performed by the Agency at the Contractor's request, the cost thereof shall be charged against the Contractor, and may be deducted from any amount due or becoming due from the Agency. Whenever immediate action is required to prevent injury, death, or property damage, and precau- tions which are the Contractor's responsibility have not been taken and are not reasonably ex- pected to be taken, the Agency may, after reasonable attempt to notify the Contractor, cause such precautions to be taken and shall charge the cost thereof against the Contractor, or may deduct such cost from any amount due or becoming due from the Agency. Agency action or inaction under such circumstances shall not be construed as relieving the Contractor or its Surety from liability. Payment shall not relieve the Contractor from its obligations under the Contract; nor shall such payment be construed to be acceptance of any of the Work. Payment shall not be construed as the transfer of ownership of any equipment or materials to the Agency. Responsibility of owner- ship shall remain with the Contractor who shall be obligated to store any fully or partially com- pleted work or structure for which payment has been made; or replace any materials or equipment required to be provided under the Contract which may be damaged, lost, stolen or othenwise degraded in any way prior to acceptance of the Work, except as provided in Section 6-10. Guarantee periods shall not be affected by any payment but shall commence on the date of re- cordation of the "Notice of Completion." If, within the time fixed by law, a properly executed notice to stop payment is filed with the Agency, due to the Contractor's failure to pay for labor or materials used in the Work, all money due for such labor or materials will be withheld from payment to the Contractor in accordance with appli- cable laws. At the expiration of 35 days from the date of acceptance of the Work by the Board, or as pre- scribed by law, the amount deducted from the final estimate and retained by the Agency will be paid to the Contractor except such amounts as are required by law to be withheld by properiy executed and filed notices to stop payment, or as may be authorized by the Contract to be further retained. 9-3.2 Partial and Final Payment. The Engineer will, after award of Contract, establish a closure date forthe purpose of making monthly progress payments. The Contractor may request in writing that such monthly closure date be changed. The Engineer may approve such request when it is compatible with the Agency's payment procedure. Each month, the Engineer will make an approximate measurement of the work performed to the closure date as basis for making monthly progress payments. The estimated value will be based on contract unit prices, completed change order work and as provided for in Section 9-2 of these General Provisions. Progress payments shall be made no later than thirty (30) calendar days after the closure date. Five (5) working days following the closure date, the Engineer shall com- plete the detailed progress pay estimate and submit it to the Contractor for the Contractor's infor- mation. Should the Contractor assert that additional payment is due, the Contractor shall within ten (10) days of receipt of the progress estimate, submit a supplemental payment request to the Engineer with adequate justification supporting the amount of supplemental payment request. Upon receipt of the supplemental payment request, the Engineer shall, as soon as practicable after receipt, determine whether the supplemental payment request is a proper payment request. If the Engineer determines that the supplemental payment request is not proper, then the request Revised 8/10/10 Contract No.4509 p^gg 107 of 155 shall be returned to the Contractor as soon as practicable, but not later than seven (7) days after receipt. The returned request shall be accompanied by a document setting forth in writing the reasons why the supplemental payment request was not proper. In conformance with Public Contract Code Section 20104.50, the City shall make payments within thirty (30) days after receipt of an undisputed and properiy submitted supplemental payment request from the Contractor. If payment of the undisputed supplemental payment request is not made within thirty (30) days after receipt by the Engineer, then the City shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure. From each progress estimate, 10 percent will be deducted and retained by the Agency, and the remainder less the amount of all previous payments will be paid. After 50 percent of the Work has been completed and If progress on the Work is satisfactory, the deduction to be made from re- maining progress estimates and from the final estimate may be limited to $500 or 10 percent of the first half of total Contract amount, whichever is greater. No progress payment made to the Contractor or its sureties will constitute a waiver of the liqui- dated damages under 6-9. As provided in Section 22300 of the California Public Contract Code, the Contractor may substi- tute securities for any monies withheld by the Agency to ensure performance under the Contract. After final inspection, the Engineer will make a Final Payment Estimate and process a corre- sponding payment. This estimate will be in writing and shall be for the total amount owed the Contractor as determined by the Engineer and shall be itemized by the contract bid item and change order item with quantities and payment amounts and shall show all deductions made or to be made for prior payments and amounts to be deducted under provisions of the contract. All prior estimates and progress payments shall be subject to correction in the Final Payment Estimate. The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make written statement disputing any bid item or change order item quantity or payment amount. The Contractor shall provide all documentation at the time of submitting the statement support- ing its position. Should the Contractor fail to submit the statement and supporting documenta- tion within the time specified, the Contractor acknowledges that full and final payment has been made for all contract bid items and change order items. If the Contractor submits a written statement with documentation in the aforementioned time, the Engineer will review the disputed item within 30 calendar days and make any appropriate adjustments on the Final Payment. Remaining disputed quantities or amounts not approved by the Engineer will be subject to resolution as specified in Section 3-5, Disputed Work. The written statement filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said disputed items. The Engineer will consider the merits of the Contractor's claims. It will be the responsibility of the Contractor to fumish within a rea- sonable time such further information and details as may be required by the Engineer to deter- mine the facts or contentions involved in its claims. Failure to submit such information and de- tails will be sufficient cause for denying payment for the disputed items. 9-3.2.1 Payment for Claims. Except for those final payment items disputed in the written state- ment required in Section 9-3.2 all claims of any dollar amount shall be submitted in a written .3 Revised 8/10/10 Contract No.4509 Page 108 of 155 statement by the Contractor no later than the date of receipt of the final payment estimate. Those final payment items disputed in the written statement required in Section 9-3.2 shall be submitted no later than 30 days after receipt of the Final Payment estimate. No claim will be considered that was not included in this written statement, nor will any claim be allowed for which written notice or protest is required under any provision of this contract including Sections 3-4 Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has com- plied with notice or protest requirements. The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said claims. The Engineer will consider and detennine the Contractor's claims and it will be the responsibility of the Contractor to furnish within a reasonable time such further infonnation and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such infonnation and details will be suffi- cient cause for denying the claims. Payment for claims shall be processed within 30 calendar days of their resolution for those claims approved by the Engineer. The Contractor shall proceed with informal dispute resolution under Section 3-5, Disputed Work, for those claims remaining in dispute. 9-3.3 Delivered Materials. When provided for in the Specifications, and subject to the limitation and conditions therein, the cost of materials and equipment delivered but not incorporated into the Work will be included in the progress estimate. 9-3.3.1 Delivered Materials. The cost of materials and equipment delivered but not incorporated into the work will not be included in the progress estimate. 9-3.4 Mobilization. When a bid item is included in the Proposal form for mobilization and subject to the conditions and limitations in the Specifications, the costs of work in advance of construction operations and not directly attributable to any specific bid item will be Included in the progress estimate. When no such bid item is provided, payment for such costs will be considered to be included in the other items of work. 9-3.4.1 Mobilization and Preparatory Work. The Contract lump-sum price paid for mobilization shall not exceed fifteen thousand dollars($15,000.00) and includes full compensation for fumish- ing all insurance, bonds, licenses, labor, materials, utilities, tools, equipment and incidentals, and for doing all the work involved in mobilization and preparatory work and operations, includ- ing, but not limited to, those necessary for the movement of personnel, equipment, supplies, and incidental to preparing to conduct work on and off the project site and other offsite facilities necessary for work on the project; for all other facilities, sureties, work and operations which must be performed or costs incurred prior to beginning work on various contract items on or off the project site, excepting those specifically paid for under separate sections of these specifica- tions. The Contractor hereby agrees that the stipulated lump sum amount is sufficient for Mobili- zation and Preparatory Work, as described In this section, and that the Contractor shall have no right to additional compensation for Mobilization and Preparatory Work. Progress payments for Mobilization and Preparatory Work will be made as follows: For the first progress payment (after the issuance of the Notice to Proceed), forty percent (40%) Revised 8/10/10 Contract No.4509 Page 109 of 155 of the amount bid for Mobilization And Preparatory Work will be allowed. For the second pro- gress payment, an additional sixty percent (60%) of the amount bid for mobilization and prepar- atory work will be allowed therefore. 9-4 BID ITEMS. Payment for each Bid Item shall be made at the quantity and type as listed in the Contractor's Proposal. All work shown or mentioned on the plans, in the Contract Docu- ments, General Provisions, or Technical Provisions/Specifications shall be considered as in- cluded in the Bid Items. Contractor must protect existing utilities, improvements, landscaping, irrigation systems, and vegetation in place. If damaged during the work. Contractor is responsi- ble to repair or replace any utilities, improvements, landscaping, irrigation systems, and vegeta- tion at his expense. 3 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 2, CONSTRUCTION MATERIALS .3 Revised 8/10/10 Contract No.4509 Page 110 Of 155 SECTION 200 - ROCK MATERIALS 200-1 ROCK PRODUCTS Add the following section: 200-1.2.2 Permeable Material. Penneable material shall consist of hard, durable, clean sand, gravel, or crushed stone, and shall be free from organic material, clay balls, or other deleterious substances. Class 1 and Class 2 permeable material shall have a Durability In- dex of not less than 40. Class 2 Penneable material shall have a Sand Equivalent value of not less than 75. Class 1 permeable material shall conform to the requirements in this sec- tion and Table 200-1.2.2(A). Class 2 permeable material shall conform to the requirements in this section and Table 200-1.2.2(B). When permeable material is required and the class or kind is not specified. Class 1 penneable material shall be used. The altemative gradings within Class 1 permeable material are identified by types. Unless othenwise shown on the plans the Contractor will be pennitted to furnish and place any one of the types provided for this class. The percentage composition by mass of permeable material in place shall con- form to the gradings in Tables 200-1.2.2(A) and 200-1.2.2(B). TABLE 200-1.2.2(A) CLASS 1 PERMEABLE MATERIAL Sieve Sizes Percen Type A [age Passing Type B 50-mm (2") — 100 37.5-mm dVa") — 95-100 19-mm (%") 100 50-100 12.5-mm (Va") 95-100 — 9.5-mm (%") 70-100 15-55 4.75-mm (No. 4) 0-55 0-25 2.36-mm (No. 8) 0-10 0-5 75-um (no. 200) 0-3 0-3 TABLE 200-1.2.2(B) CLASS 2 PERMEABLE MATERIAL Sieve Sizes Percentage Passing 25-mm (1") 100 19-mm {%") 90-100 9.5-mm (^/s") 40-100 4.75-mm (No. 4) 25-40 2.36-mm (No. 8) 18-33 600-um (No. 30) 5-15 300-um (No. 50) 0-7 75-um (no. 200) 0-3 200-2 UNTREATED BASE MATERIALS 200-2.1 General. Aggregate base shall be Class 2 Aggregate Base per Caltrans Standard Specification, July 1999, Section 26: Aggregate Bases, Subsection 26-1.02A Class 2 Aggre- gate Base and as specified herein. 200-2.7 Class 2 Aggregate Base. Aggregate for Class 2 aggregate base shall be free from organic matter and other deleterious substances, and shall be of such nature that it can be Revised 8/10/10 Contract No.4509 Page 111 of 155 compacted readily under watering and rolling to form a firm, stable base. Aggregate may in- clude material processed from reclaimed asphalt concrete, portland cement concrete, lean concrete base, cement treated base or a combination of any of these materials. Aggregate shall conform to the grading and quality requirements shown in the following ta- bles. At the option of the Contractor, the grading for either the 11/2-Inch maximum or 3/4 inch maximum shall be used, except that once a grading is selected it shall not be changed without the Engineer's written approval. AGGREGATE GRADING REQUIREMENTS Percentage Passing 11/2" Maximum 3/4" Maximum Operating Operating Sieve Sizes Range Range 2" 100 — 11/2" 90-100 — 1" — 100 3/4" 50-85 90-100 No.4 25-45 35-60 No. 30 10-25 10-30 No. 200 2-9 2-9 QUALITY REQUIREMENTS Operating Tests Range Resistance (R-value) 78 Min. Sand Equivalent 25 Min. Durability Index 35 Min. The aggregate shall not be treated with lime, cement or other chemical material before the Durability Index test is performed. If the results of either or both the aggregate grading and Sand Equivalent tests do not meet the requirements specified for "Operating Range" but meet the "Contract Compliance" require- ments, placement of the aggregate base may be continued for the remainder of that day. However, another day's work may not be started until tests, or other infonnation, indicate to the satisfaction of the Engineer that the next material to be used in the work will comply with the requirements specified for "Operating Range." If the results of either or both the aggregate grading and Sand Equivalent tests do not meet the requirements specified for "Contract Compliance," the aggregate base which is repre- sented by these tests shall be removed. However, if requested by the Contractor and ap- proved by the Engineer, the aggregate base may remain in place and the Contractor shall pay to the City $2.25 per cubic yard for such aggregate base left in place. The City may deduct this amount from any moneys due, or that may become due, the Contractor under the contract. If both the aggregate grading and Sand Equivalent do not conform to the "Contract Compliance" requirements, only one adjustment shall apply. No single aggregate grading or Sand Equivalent test shall represent more than 500 cubic yards or one clay's production, whichever is smaller. SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE TABLE 201-1.1.2(A) Modify as follows: ,0 Revised 8/10/10 Contract No.4509 p^gg 112 Of 155 TABLE 201-1.1.2(A) PORTLAND CEMENT CONCRETE Type of Construction All Concrete Used Within the Right-of-Way Trench Backfill Slurry Street Light Foundations and Sun/ey Monuments Concrete Class 330-C-23 (560-C-3250) 115-E-3 (190-E-400) 330-C-23 (560-C-3250) Maximum Slump mm (Inches) (2) 200 (8") 100 (4") Traffic Signal Foundations 350-C-27 (590-C-3750) 100 (4") Concreted-Rock Erosion Protection 310-C-17 (520-C-2500P) per Table 300-11.3.1 (1) Except that concrete required to be of higher strength by Table 201-1.1.2(A) SSPWC shall be as per Table 201 -1.1.2(A) SSPWC. (2) As per Table 201 -1.1.2(A) SSPWC. (3) Portions of Table 201-1.1.2(A) of the Standard Specifications for Public Works Con- struction not shown herein as changed are not affected by this table. 201-1.2 Materials. 201-1.2.4(a) Integral Colored Concrete. Add the following: Integral color shall consist of colored admixtures developed for use in ready mixed concrete. The product shall be made of the highest quality pigments, as well as other ingredients designed to enhance the color and improve the pigment dispersion, workability and finishing performance of the concrete. Integral color pigments shall meet or exceed ASTM-C-979. The coloring method shall be designed for concrete flatwork applications (salt finished, broom finishes, rotary finishes), as well as vertical surfaces, and other types of architectural concrete. Pigment shall be a permanent coloration, unifonn throughout the concrete surface and interior, and shall be highly UV and fade resistant. Integral colored concrete shall be cured with QC Color Cure color matched to the concrete (see product information bulletin). Provide sample panel submittals of all colors to be used in the installation on identical surfaces for approval by Resident Engineer. Contractor shall pro- vide a maintenance schedule for integral colored concrete. Admixture for all integral colored concrete paving In medians and other integral colored con- crete shall be the following: Color: Reference Sheet Tl Curing: Scofield Colorcure Concrete Sealer (or approved equal). See Section 201 of these Supplemental Provisions for Concrete Curing Materials. Manufacturer: Scofield Chromix Admixtures for color-conditioned concrete, or approved equal L.M. Scofield Company 6533 Bandini Boulevard Los Angeles, CA 90040 1-800-800-9900 Revised 8/10/10 Contract No.4509 Page 113 of 155 Admixture products and procedures for installation shall be in strict accordance with the man- ufacturer's specifications and recommendations, and those published by the American Con- crete Institute (ACI) and the Portland Cement Association (PCA). 201-1.2.4 Chemical Admixtures, (e) Air-Entraining Admixtures. Substitute the following: The air content shall not deviate from the percentage specified or permitted by more than 1 - 1/2 percentage points. The air content of freshly mixed concrete will be determined by Cali- fornia Test Method No. 504. 201-1.6 Finish: Shower Pad- Heavy Broom Finish Adjacent to Shower Pad- Exposed Pebble Finish with Anti-Slip Coating per Sheet Tl Sidewalk Expansion- Salt Finish to Match Existing Sidewalks 201-1.7 Miscellaneous Concrete Finishing Products. 201-1.7.1 Water Base Penetrating Sealer for Integral Colored Concrete. (Scofield Col- orcure Concrete Sealer or approved equal) Water base penetrating sealer shall be a sealer designed for the protection of imprinted and natural concrete. Water base penetrating sealer shall be a sealer designed for the protection of imprinted, col- ored and natural concrete, and other masonry surfaces to preserve the natural appearance of the masonry without darkening or adding gloss to the surface. It shall preserve the natural slip resistance of the concrete, etc. Sealer shall repel spills and soils, minimizing staining and maintenance. Seal shall leave no visible material on the surface and shall be absorbed and locked into the pores of the masonry, repelling liquids and soils but leaving the top surface natural in appear- ance. Install per manufacturer's directions. Seal shall be compatible with the surfaces and materials which it is applied. Concrete sealer shall confonn to the following specifications: Color: Clear, non-yellowing Odor: Mild Flash Point: None (C.O.C. method) Specific Grav.: 1.03 Density: 8.6 pounds per gallon Drying Time: 30 minutes to 60 minutes Cure Time: 24 to 48 hours VOC Content: None (0 g/l) excluding water Polymer Type: Proprietary Reactive Resin System Coverages (approximate): Smooth Concrete: 300 to 400 square feet per gallon Rough Concrete: 200 to 300 square feet per gallon Note: Coverages vary depending on porosity and condition of surface and method of application. Method of: Airiess sprayer. Application Manufacturer: Scofield Chromix Admixtures for color-conditioned concrete, or approved equal L.M. Scofield Company Revised 8/10/10 Contract No.4509 Page 114 of 155 6533 Bandini Boulevard Los Angeles, CA 90040 V 1-800-800-9900 All materials shall be furnished, prepared, applied, cured, and stored according to the product manufacturer's direction. 201-1.2.4 Chemical Admixtures, (e) Air-entraining Admixtures. Substitute the following: The air content shall not deviate from the percentage specified or permitted by more than 1 -1/2 percentage points. The air content of freshly mixed concrete will be detennined by California Test Method No. 504. 201-3 EXPANSION JOINT FILLER AND JOINT SEALANTS 201-3.4 Type "A" Sealant (Two-Part Polyurethane Sealant). All finished concrete surfaces shall have a 1/2" continuous expansion joint at locations indicated on the plans and notes and shall be located either parallel to perpendicular to the curb line. When not othenwise indicated, all expansion joints located adjacent to colored concrete shall be sealant Type "A" and colored to match the color of the concrete surface. Contractor shall provide joint sealants that have been produced and installed to establish and to maintain watertight and airtight continuous seals without causing staining or deterioration of joint substrates. Contractor shall submit product data from the manufacturer of each joint sealant product re- quired, including instructions for joint preparation and joint sealer application. Contractor shall also submit samples for initial selection purposes in form of manufacturer's standard bead samples, consisting of strips of actual products showing full range of colors available, for each product exposed to view. Samples shall be submitted to Engineer. Submit complete schedule of type (and location where type is to be used) of each sealant. Contractor shall engage an experienced installer who has completed joint sealant applications similar in material, design and extent to that indicated for Project that have resulted in con- struction with a record of successful in-service perfonnance. Provide joint sealants, joint fillers, and other related materials that are compatible with one another and with joint substrates under conditions of service and application, as demonstrated by sealant manufacturer based on testing and field experience. Provide color selections made by Engineer from manufacturer's full range of standard colors for products of type indicated. Sealant color parallel to curbline shall match color of Paving Treatment Type "A" as specified in Section 201 -1.2.4(a) of these Special Provisions. Joint sealants shall be multi-component polyurethane sealant. Except as othenwise indicated, provide manufacturer's standard, non-modified, 2-or-more-part, polyurethane-based, elasto- meric sealant; complying with either ASTM-C-920-87, Type M, Grade P, Class 25, or FS TT- S 0227E Class A, non-sag. Type II. Revised 8/10/10 Contract No.4509 p^gg 115 of 155 Acceptable Products: "Sonneborn NPH"; Sonneborn Building Products Division; "Scofield Lithoseal Trafficalk 3-G", L.M. Scofield Company; or equivalent, as approved bythe Engineer. Provide sealant backings of material and type that are nonstaining; are compatible with joint substrates, sealants, primers and other joint fillers; and are approved for applications indicated by sealant manufacturer based on field experience and laboratory testing. Plastic foam joint fillers shall be preformed, compressible, resilient, nonstaining, nonwaxing, nonextruding strips of flexible plastic foam either open-cell polyurethane foam or closed-cell polyethylene foam, subjectto approval of sealant manufacturer, for cold-applied sealants only. Polystyrene foam is not acceptable. SECTION 207 - PIPE 207-2 REINFORCED CONCRETE PIPE. 207-2.5 Joints. Add the following: When watertight joints are indicated on the plans they shall be of the rubber-gasketed type meeting the requirements of ASTM Standard Specification designations C 361-95 and C 443-94. Pipe designated in the plans as "pressure pipe" or with a 100-year hydraulic grade line at or above the soffit shall be bell and groove spigot joint with "O" rings conforming to ASTM C-443 and C-361 for the limits shown on the plans. 207-9 IRON PIPE AND FITTINGS 207-9.2.2 Pipe Joints Unless othenwise shown on the Plans, all joints shall be the push-on type joint. Joints and accessories shall confonn to the requirements and dimensions specified in ANSI A21.11, AWWA Cl 11. Rubber gasket material shall conform to 208-1.2 and AWWA cm and ANSI A21.11-90. 207-9.2.3 Fittings. Add the following: Ductile iron pipe and fittings shall be manufactured in accordance with ANSI 21.50, AWWA Cl 50 and ANSI 21.51, AWWA Cl 51, and shall be of the size and thickness classes shown on the Plans. Unless othenwise specified, size 4-inches through 6-inches DIP shall be thickness Class 52, while size 8-inches and larger shall be thick- ness Class 50. 207-9.2.4 Lining and Coating. Replace with the following: Unless othenwise specified, all iron pipe and fittings shall be lined with double thickness, cement motor lining with cement confonning to ASTM C150 Type II, AWWA C104/A21.4.90 and outside coating of bituminous coating a minimum of 2 mils, thick in accordance with AWWA C151 or C100. The top of all pipe and specials shall be clearly identified by marking the top with "T.O.P." for easy identifications in the field. Plainly mark each length of pipe at the bell end to identify the proper location of the pipe item by reference to the layout schedule. Revised 8/10/10 Contract No.4509 Page 116 of 155 207-10.1.4 Protective Coatings and Linings. All steel pipe and fittings exposed within a vault or above ground shall be cement-mortar lined in accordance with AWWA C205 and C602 and painted in accordance with CMWD Approved Materials List. All steel pipe and fittings for underground sen/ice shall be cement-mortar lined, taped wrapped and cement-mortar coated in accordance with AWWA C205, C214 and C602 unless othenwise specified on the Drawings. 207-25 UNDERGROUND UTILITY MARKING TAPE. 207-25.1 Detectable Underground Utility Marking Tape: Detectable Underground Utility Marking Tape shall have a minimum 0.13 mm (0.005") overall thickness, with no less than a 35 gauge (AWG), 0.14 mm aluminum foil core. The foil must be visible from both sides. The layers shall be laminated together with the extrusion lamination process, not adhesives. No inks or printing shall extend to the edges of the tape. All printing shall be encased to avoid ink rub-off. Detectable Underground Utility Marking Tape shall confonn to the properties listed in Tables 207-25(A) and 207-25 (B). TABLE 207-25.1 (A) DETECTABLE UNDERGROUND UTILITY MARKING TAPE PROPERTIES Property Method Value Thickness ASTM D2103 0114 mm (0.0056") Tensile strength ASTM D882 4500g/cm (25 lbs/inch) (5,500 PSI) Elongation ASTM D882-88 <50 percent at break Printability ASTM D2578 >50 dynes/square centimeter Flexibility ASTM D671-81 Pliable hand Inks Manufacturing specifications Heat-set Mylex Message repeat Manufacturing specifications Every 500 mm(20") Foil Manufacturing specifications Dead soft/annealed Top layer Manufacturing specifications Virgin PET Bottom layer Manufacturing specifications Virgin LDPE Adhesives Manufacturing specifications >30 percent, solid 1.5#/R Bond strength Boilinq H2O at 100 degrees Celsius Five hours without peel Colors APWA Code See Table 207-25.1 (B) TABLE 207-25.1 (B) DET ECTABLE UNDERGROUND UTILITY MARKING TAPE COLORS Color Utility Marked Red Electric power, distribution, transmission, and municipal electric systems. Yellow Gas and oil distribution and transmission, dangerous materials, product and steam. Orange Telephone and telegraph systems, police and fire communications, and cable television. Blue Water systems. Green Sanitary and storm sewer systems, nonpotable. Brown Force mains. Purple Reclaimed water lines. 207-25.2 Materials Approvals. Detectable Underground Utility Marking Tape shall meet the requirements of each of the following agency/association publications. Revised 8/10/10 Contract No.4509 Page 117 Of 155 A. Department of Transportation, Materials Transportation Bureau, Office of Pipeline Safety. USAS code for pressure piping B31.8, paragraph 192.321(e). B. National Transportation Safety Board, Washington, DC, Special Study Prevention of Damage to Pipelines. Adopted June 7,1974. Report NTSB-PSS-73-1. C. American Petroleum Institute (API). Recommended practice for marking buried liquid petroleum pipelines - APR RP 1109. D. General Sen/ices Administration, Washington, DC, Public Buildings Service Guide Specification for Mechanical and Electrical Equipment - PBS 4-1501, Amendment 2, Page 501-14, Paragraph 18, Subparagraph 18.1, Clause 18.1.1. E. Rural Electrification Authority (REA), U.S. Department of Agriculture, Washington, DC, National Electrical Safety Code for Underground Construction for remote and immediate hazards. SECTiON 210 - PAINT AND PROTECTIVE COATINGS 210-1 PAINT. Reference Sheet Al for Painting and Floor Coatings SECTION 213 - ENGINEERING FABRICS 213-2 GEOTEXTILES. 213-2.1 General. Geotextile types shall be used forthe applications listed in Table 213-2.1(A) Table 213-2.1 (A) GEOTEXTILE APPLICATIONS Application of Geotextile Type Desig- nation Separation of Soil and Street Structural Section 90WS Separation of Soil and Subsurface Aggregate Drain 180N Reinforcement of Street Structural Section 200WS Remediation and Separation of Soil 270WS Reinforcement of Soil 270WS Drainaqe at the Interface of Soil Structures N/A Drainage at the Interface of Soil and Structures N/A Rock Slope Protection Fabric for Rock Sizes Below 225 kg (14 Ton) ISDN Rock Slope Protection Fabric for Rock Sizes Including and Above 225 kg (V* Ton) 250N Plant Protection Covering 90N Erosion Control Fence with 14 AWG -150 mm x 150 mm (6"x6") Wire and 3 m (10') Post Spacing SOWS Erosion Control Fence with 1.8 m (6') Post Spacing and No Wire Fencing 200WS 213-3 EROSION CONTROL SPECIALTIES. 213-3 Gravel bags. Gravel bags for the use of temporary erosion control shall be buriap type, filled with no less than 23kg (50 Ibs) of 19 mm {%") crushed rock and securely tied closed. Plastic bags are not acceptable. Revised 8/10/10 Contract No.4509 Page 118 of 155 SECTION 215- FENCING 215-1 ENVIRONMENTAL FENCING 215-1.1 Materials. Environmental fence shall be minimum 4' high, orange colored plastic construction fencing installed prior to performing any work. Environmental fence shall be constructed of non-toxic, non-conductive polyethylene capable of withstanding temperatures from -58F degrees to 194F degrees. Color shall be non-fading. Posts shall be 6'-6" long, shall be spaced no more than lO'-O" apart and buried portion shall be no less than 2'-6" deep. Used materials may be installed providing the used materials are good, sound, and are suitable for the purpose intended, as determined by the Engineer. Materials may be com- mercial quality providing the dimensions and sizes of the materials are equal to, or greater than, the dimensions and sizes specified herein. Posts shall be either metal or wood at the Contractor's option. Galvanizing and painting of steel items will not be required. Treating wood with wood presen/atives will not be required. Concrete footings for metal posts will not be required. .3 Revised 8/10/10 Contract No.4509 Page 119 of 155 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBUC WORKS CONSTRUCTION PART 3, CONSTRUCTION METHODS SECTION 300 - EARTHWORK 300-1 CLEARING AND GRUBBING. 300-1.1 General. During surface clearing operations, the Contractor shall not cover or bury any plant growth or other objectionable materials. If the Contractor cannot successfully sepa- rate the plant growth from the surface soil and advertently or inadvertently mixes organic or other objectionable materials with the soil, the soil so contaminated shall be removed from the site by the Contractor. All costs, if any, associated with removing the soil mixed with or- ganic or other objectionable materials and Importing soil to replace said contaminated soil shall be borne by the Contractor and no additional payment therefore shall be made to the Contractor. 300-1.3 Removal and Disposal of Materials. Also included in clearing and grubbing shall be removal and disposal of existing street poles and lights, metal guard rail, fences, asphalt concrete and aggregate base, concrete curb and gutter, concrete sidewalk, existing gate, ex- isting headwalls, rip-rap, traffic signs, and other existing features which interfere with the work. Whether or not such items are shown on the plans they shall be removed as a part of clearing and grubbing. Existing underground pipes and conduits that are shown on the plans and designated to be removed shall be removed by the Contractor as a part of clearing and grubbing. 300-1.4 Payment. Payment for clearing and grubbing shall be made at the contract lump sum price for clearing and grubbing within the project limits and at stockpile locations and no other payments will be made. Unless othenwise noted on plans, the Contractor shall remove all existing abandoned pipelines and conduits of any type, or use, and pipelines and conduits of any type, or use, that are abandoned during the course of the work and shall replace said pipelines and conduits with properly compacted soils. Payment for removal and disposal of abandoned utilities shall be included in the lump-sum bid for Clearing and Grubbing, and no additional payment will be made. 300-2 UNCLASSIFIED EXCAVATION. 300-2.1 General. Unclassified excavation shall include removal and stockpile of suitable material, recompaction, mixing, grading for mitigation work, trenching and backfilling of storm drains, sewers, other utilities, disposal of unsuitable materials not included in the bid item for clearing and grubbing, all cut and fill including removal and recompaction of unsuitable soil, salvaging clean excavated material and filling areas to the required grades and cross sec- tion. Unclassified excavation shall be utilized onsite to make all fills shown on the plans. Un- Revised 8/10/10 Contract No.4509 p^gg 120 of 155 classified excavation shall also include scarification and moisture adjustment and compac- tion of the top 300 mm (1') of the subgrade in the roadway prism in cut areas to 95 percent relative compaction, wetland mitigation grading and attendant work, export of remaining ex- cess material to a disposal site or spoil area acquired by the Contractor and pumping and disposal of storm and ground water. 300-2.2.1 General. Alluvial and colluvial removal and recompaction shall consist of excavat- ing, blending and recompacting loose soils in areas that are designated to receive fills. The existing loose soils shall be removed by the Contractor until a fimn unyielding surface is ex- posed or to a depth determined by the Engineer. If the excavated material contains 4%, or more, water than the optimum moisture content the Contractor shall blend the wet soil with soils having a lower moisture content and/or spread the excavated material in a manner that enables the material to dry to optimum moisture content. The cost of spreading and/or dry- ing shall be included in the contract unit price for removal and recompaction. The excavated material shall be placed and compacted in accordance with section 300-4 of the specifica- tions except that section 300-4.9, Measurement and Payment, shall not apply. 300-2.2.1 General. Such direction may include, but is not limited to, directing the Contractor to blend, adjust moisture content of, rework, and place unsuitable soils at specific locations or elevations on the site. 300-2.2.3 Compressible Soil. Compressible soils such as existing uncontrolled or unac- ceptable fill, alluvium, and colluvium may exist within portions of the Project site. Where re- quired by the Engineer, the Contractor shall remove such compressible soils from areas to receive fill or from areas upon which surface improvements are to be placed. The removal and disposal of such compressible soils shall be paid for at the Contract Unit Price for un- classified excavation unless it is considered othenwise unsuitable by the Engineer in which case it may be paid for in accordance with section 300-2.2.1. 300-2.6 Surplus Material. The Contractor shall haul and dispose of all surplus material from the project. The Contractor shall utilize highway legal haul trucks for this export of material from the project site and to a site secured by the Contractor. No earth moving equipment or special construction equipment, as defined in section 565 of the California Vehicle Code, will be allowed for hauling material on public streets. 300-2.9 Payment. Payment for all unclassified excavation will be made at the Contract Lump Sum price bid for unclassified excavation and shall include compensation for excava- tion, sloping, rounding tops and ends of excavation, matching existing graded slopes, load- ing, exporting and disposing of surplus material and unsuitable material shown on the plans or specified herein to be removed, stockpiling, hauling to designated sites, placing and com- pacting, mixing, grading of mitigation site, salvaging clean and suitable material and filling ar- eas to the required grades and cross sections. Unclassified fill, slope rounding, all work inci- dental to Section 300-4.8 and construction of transitions will be paid for as a part of unclassi- fied excavation, and no additional payment will be made therefore. When required by the plans or specifications or where directed by the Engineer, the excava- tion and stockpiling of selected material will be paid for at the Contract Lump Sum price for unclassified excavation. Removing such selected material from the stockpile and placing it Revised 8/10/10 Contract No.4509 Page 121 of 155 in its final position will also be paid for at the Contract Lump Sum Price for unclassified exca- vation and no additional compensation will be allowed therefore. 300-2.10 Grading Tolerance. The Contractor shall finish excavated areas other than slopes and subgrade below structures, within the roadway and sidewalk areas within 30 mm (0.1') of the grades shown on the plans. Subgrade tolerances shall conform to the requirements of section 301-1.4 SSPWC. 300-3 STRUCTURE EXCAVATION AND BACKFILL 300-3.1 General. The Contractor shall excavate to the lines and levels required and/or shown on the Drawings. The Contractor shall provide all shoring, bracing, cribbing, pumping, and planking required. The Contractor shall excavate and maintain the bottom of all trenches in a condition that is level, firm, clean and free from all debris or foreign matter. Excavations shall be kept free from water at all times. The Contractor shall remove any unsuitable mate- rial encountered below grade as directed by the Engineer 300-3.6 Payment. Dewatering shall be paid for as an incidental to structure excavation and backfill and no additional compensation will be made therefore. Except for unsuitable materi- als removed as part of the clearing and grubbing item unsuitable material encountered below grade will be paid for at the lump sum price bid for structure excavation and backfill. 300-4 UNCLASSIFIED FILL 300-4.2 Preparation of Fill Areas. Except as provided in section 300-4.7, "Compaction", ar- eas proposed for improvements all fill (including backfill and scarified ground surfaces) shall be compacted by the Contractor to no less than 90 percent of maximum dry density as deter- mined in accordance with ASTM Test Procedure Dl 557-91. 300-4.6 Application of Water. The Contractor shall place all fill soil at a moisture content no less than one (1) percent below optimum moisture as determined by ASTM test D-1557- 91. Revised 8/10/10 Contract No.4509 Page 122 of 155 300-5 BORROW EXCAVATION. Add the following section: 300-5.2.1 Imported Borrow Properties. The Contractor shall provide imported borrow that is clean well graded soil consisting of material conforming to all of the requirements in Table 300-5.2.1 (A) and the following requirements. Rock included in the top 1 m (3') of im- ported borrow shall be particles of less than 75 mm (3"). Rock included below the top 1 m (3') of imported borrow shall be particles of less than 150 mm (6"). TABLE 300-5.2.1 (A) IMPORTED BORROW PROPERTIES Tests Test Method No. Requirements R-Value Calif. 301 40 Min. Expansion Index UBC Standard 18-2 10 Max. Plasticity Index ASTM D 424 4 Max. Sieve Analysis ASTM D 422 Percent Passing 75|i (No. 200) 15 Max. 300-9 GEOTEXTILES FOR EROSION CONTROL AND WATER POLLUTION CONTROL. 300-9.2 General. The Contractor shall provide erosion control and water pollution control conforming to the requirements shown on the plans, as specified herein, and as elsewhere required by the Contract Documents. Erosion control and water pollution control shall in- clude the work specified herein, and such additional measures, as may be directed by the Engineer, to meet Best Management Practices, as defined herein, and to properiy control erosion and storm water damage of the limits of work and construction impacts upon areas receiving drainage flows from within the limits of work. Add the following section: 300-9.2.1 Grading Controls. The Contractor shall protect all areas that have been graded and/or cleared and grubbed as well as areas that have not been graded and/or cleared and grubbed within the limits of work from erosion. The Contractor shall provide temporary earth berms, gravel bags, silt fences, stabilized construction entrances and similar measures, co- ordinated with Its construction procedures, as necessary and as shown on the plans to con- trol on site and off site erosion during the construction period. The Contractor will be required to protect areas which have been cleared and grubbed prior to excavation or embankment operations, and which are subject to runoff during the duration of the contract. The criteria used to determine the appropriate erosion control measures shall be the "Best Management Practices", hereinafter BMP, defined and described in the, "Stormwater Best Management Practices Handbook, Construction", January 2003 edition published by the California Storm- water Quality Association. The Contractor shall maintain a copy of the "Stonnwater Best Management Practices Handbook, Construction", January 2003 edition on the project site and shall conduct its operations in conformity to said Handbook. .3 Revised 8/10/10 Contract No.4509 Page 123 of 155 300-13 STORM WATER POLLUTION PREVENTION PLAN Add the following section: 300-13.1 Storm Water Pollution Prevention Plan. As part of the storm water pollution pre- vention work, the Contractor shall prepare and submit Storm Water Pollution Prevention Plan, hereafter referred to as the "SWPPP,". The SWPPP shall conform to the requirements of the "Greenbook" Standard Specifications for Public Works Construction, the requirements in the California Storm Water Quality Association, Stormwater Best Management Practice Handbook, Construction ("Handbook"), the requirements of the Permit, the requirements in the plans and these supplemental provisions. 300-13.1.1 SWPPP Document Within 15 calendar days after the execution of the contract, the Contractor shall submit 3 copies of the SWPPP to the Engineer, in accordance with Section 2-5.3.3 of these Special Provisions. Contractor will be provided the digital format for SWPPP to complete required sections. If revisions are required, as detennined by the Engineer, the Contractor shall re- vise and resubmit the SWPPP within 15 days of receipt of the Engineer's comments and shall allow 5 days for the Engineer to review the revisions. Upon the Engineer's acceptance of the SWPPP, 3 additional copies of the SWPPP, incorporating the required changes, shall be submitted to the Engineer. In order to allow construction activities to proceed, the Engi- neer may conditionally approve the SWPPP while minor revisions are being completed. The objectives of the SWPPP shall be to identify pollution sources that may adversely affect the quality of stonn water discharges associated with the project and to identify, construct, implement and maintain stonn water pollution prevention measures, hereafter referred to as control measures, to reduce to the extent feasible pollutants in stomn water discharges from the construction site both during and after construction is completed underthis contract. The SWPPP shall incorporate control measures in the following categories: 1. Soil stabilization practices; 2. Sediment control practices; 3. Wind erosion control practices; and 4. Non-stomn water management and waste management and disposal control practices. Specific objectives and minimum requirements for each category of control measures are contained in the Handbook. The Contractor shall designate a Water Pollution Control Manager who will have the respon- sibilities outlined in the SWPPP. Revised 8/10/10 Contract No.4509 p^gg 124 of 155 The SWPPP shall include, but not be limited to, the following items as described in the SWPPP: 1. Source Identification; 2. Erosion and Sediment Controls; 3. Non-Stomri Water Management; 4. Waste Management and Disposal; 5. Maintenance, Inspection and Repair; 6. Training; 7. List of Contractors and Subcontractors; 8. Post-Construction Storm Water Management; 9. Preparer; 10. Copy of the local permit; 11. BMP Consideration Checklist; 12. SWPPP Checklist; 13. Schedule of Values; and 14. Storm Water Pollution Prevention Drawings. The Contractor shall amend the SWPPP, graphically and in narrative form, whenever there is a change in construction activities or operations which may affect the discharge of significant quantities of pollutants to surface waters, ground waters, municipal storm drain systems, or when deemed necessary by the Engineer. The SWPPP shall also be amended if it is in vio- lation of any condition of the Permit, or has not effectively achieved the objective of reducing pollutants in storm water discharges. Amendments shall show additional control measures or revised operations, including those in areas not shown in the initially accepted SWPPP, which are required on the project to control water pollution effectively. Amendments to the SWPPP shall be submitted for review and acceptance by the Engineer in the same manner specified for the initially accepted SWPPP. Accepted amendments shall be dated and logged in the SWPPP. Upon acceptance of the amendment, the Contractor shall implement the additional control measures or revised operations. The Contractor shall keep a copy of the accepted SWPPP and accepted amendments at the project site. The SWPPP shall be made available upon request of a representative of the Regional Water Quality Control Board, State Water Resources Control Board, U.S. Environ- mental Protection Agency or local storm water management agency. Requests by the public shall be directed to the Engineer. By June 15 of each year, the Contractor shall submit an annual certification to the Engineer stating compliance with the requirements governing the Pemnit. If the project is in non-com- pliance at any time, the Contractor shall make a written report to the Engineer within 15 days of identification of non-compliance. Add the following section: 300-13-1.2 Availability of SWPPP template. A site-specific draft document intended for use as a template for the required SWPPP document will be made available for use at the Contractor's option, at no cost to the Contractor. The document is available for review in Ap- pendix B. The Contractor shall review the template and modify it as necessary to reflect the Contractor's operations. Revised 8/10/10 Contract No.4509 Page 125 Of 155 300-13.1.3 Payment. Preparation, implementation and management of SWPPP shall be considered incidental to the items of work and no additional payment will be made therefore. 300-13.1.4 SWPPP Implementation. Upon acceptance of the SWPPP, the Contractor shall be responsible throughout the duration of the project for installing, constructing, inspecting and maintaining the control measures included in the SWPPP and any amendments thereto and for removing and disposing of temporary control measures. Unless othenwise directed by the Engineer or specified in these supplemental provisions, the Contractor's responsibility for SWPPP implementation shall continue throughout any temporary suspension of work or- dered in accordance with Section 6-3, "Suspension of Work". Requirements for installation, construction, inspection, maintenance, removal and disposal of control measures are speci- fied in the "Handbook" and these supplemental provisions. Soil stabilization practices and sediment control measures, including minimum requirements, shall be provided throughout the winter season, defined as between October 1 and April 30. Implementation of soil stabilization practices and sediment control measures for soil-dis- turbed areas of the project site shall be completed, except as provided for below, no later than 20 days prior to the beginning of the winter season or upon start of applicable construc- tion activities for projects which begin either during or within 20 days of the winter season. The Contractor shall implement, year-round and throughout the duration of the project, con- trol measures included in the SWPPP for sediment tracking, wind erosion, non-stomn water management and waste management and disposal. The Engineer may order the suspension of constmction operations, at the Contractor's cost, which create water pollution if the Contractor fails to confonn to the requirements of this sec- tion as determined by the Engineer. 300-13.1.5 Maintenance. To ensure the proper implementation and functioning of control measures, the Contractor shall regularly inspect and maintain the construction site for the control measures identified in the SWPPP. The Contractor shall identify corrective actions and time frames to address any damaged measures or reinitiate any measures that have been discontinued. The construction site inspection checklist provided in the "Handbook" shall be used to ensure that the necessary measures are being properly implemented, and to ensure that the control measures are functioning adequately. The Contractor shall submit one copy of each site in- spection record to the Engineer, within two days of the inspection. During the winter season, inspections of the construction site shall be conducted by the Con- tractor to identify deficient measures, as follows: 1. When the five-day rain probability forecast exceeds forty percent (40%). 2. After any precipitation which causes runoff capable of carrying sediment from the construc- tion site; 3. At 24 hour intervals during extended precipitation events; and 4. Routinely, at a minimum of once every week. Revised 8/10/10 Contract No.4509 Page 126 of 155 o If the Contractor or the Engineer identifies a deficiency in the deployment or functioning of an identified control measure, the deficiency shall be corrected by the Contractor immediately, or by a later date and time if requested by the Contractor and accepted by the Engineer in writing, but not later than the onset of subsequent precipitation events. The correction of de- ficiencies shall be at no additional cost to the City. SECTION 301 - TREATED SOIL, SUBGRADE PREPARATION AND PLACEMENT OF BASE MATERIALS 301-1 SUBGRADE PREPARATION. 301-1.1 Relative Compaction. The Contractor shall compact the upper 300 mm (12") of subgrade beneath areas to be paved, have base or subbase material placed on them, or curb, gutter, curb and gutter, alley pavement, driveway or sidewalk constructed over them to no less than 95 percent maximum dry density as determined by ASTM test D-1557-91. 301-1.2 Payment. Payment for subgrade preparation shall be included in the contract bid price for which the subgrade is prepared and shall include all labor, materials; including wa- ter, operations and equipment to scarify, adjust moisture, compact or recompact the sub- grade, both in cut areas and in fill areas, and no further compensation will be allowed. SECTION 303 CONCRETE AND MASONRY CONSTRUCTION. 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS, AND DRIVEWAYS. 303-5.5.2 Curb. The Contractor shall stamp the curb face with 75 mm (3") high block letters directly above the point that it is crossed by underground facilities with the mari<ing specified in Table 303-5.5.2(A) TABLE 303-5.5.2(A) Type of underground facilities Marking Water Sen/ice Lateral W Sewer Service Lateral S Irrigation Water Lateral or Sleeve RW 303-6.6 Measurement and Payment. Payment for colored, stamped concrete paving shall be paid under the contract unit price bid per square foot for median concrete paving. Said payment shall include compensation for all excavation, grading, backfill, permeable material, forming, mesh, reinforcing steel, concrete, integral color, texture sealers, and other material necessary to construct the specific paving. SECTION 304 - METAL FABRICATION AND CONSTRUCTION 3V Revised 8/10/10 Contract No.4509 Page 127 of 155 304-3 CHAIN LINK FENCE. 304-3.3 Installation of Gates. Reference Sheet A1 for Gate Door Details SECTION 306 - UNDERGROUND CONDUIT CONSTRUCTION 306-1 OPEN TRENCH OPERATIONS Reference Sheets P1-P3 for Plumbing Replacement Plan 306-1.2.4 Field Jointing of Reinforced Concrete Pipa. The Contractor shall provide Gas- kel-type joints for reinforced concrete pipe (walerlight joints) where indicated on plans. 306-1.3.1 General. The Contractor shall install detectable underground utility marking tape 230 mm x75 mm (9" x 3") above each or, in the case of bundled underground conduit ot the same type, ttie upper underground conduit being installed by the open trench method. The type and color of detectable undergn^und utility marking tape shall confomi to the require- ments ot section 207-25 el seq. 306-1.3.4 Compaction Requirements. The Contractor shall densify trench backfill to a mini- mum of 90 perceni relative compaction except that in the top 300 mm (12") of the street right-of-way, compaction shall be 95 percent. 306-1.5 Trench Resurfacing. 306-1.5.1 Permanent Resurfacing. Except as provided in section 306-1.5.1, 'Temporary Resurfacing," the Contractor shall perfonn pemianent trench resurfacing within 24 hours af- ter the completion of backfill and densifk^tion of backfill and aggregale base materials. 306-1.6 Basis of Peyment for Open Trench Installation, add the following: Payment for utilities undergrounding which includes the utility trench tor CATV and SDG&E and conduit for SDG&E's electric conversion shall be made on the basis of contract lump sum price for utilities unde [grounding and no other payments wilt be made. Cox Cable will supply arTd deliver conduits and fittings to be installed by lhe Contractor. Cox Cable will install enclosures. The Contractor will fumish and install 6.4 mm (14') nylon pull ropes in all conduit. 306-5 ABANDOf^MENT OF CONDUITS AND STRUCTURES. Unless otherwise noted on plans, the Contractor shall remove all exisling abandoned pipelines and conduits ot any type, or use, and pipelines and conduits of any type, or use, that are abandoned during the course ot the work and shall replace said pipelines and conduits with properiy compacted soils. Payment tor removal and disposal ot abandoned utilities shall be included in the lump-sum bid tor Clearing and Grubbing, and no addifional payment will be made. .3 ^f' Revised a/IO/10 Contracf No 4509 p^gg 128 ot 155 SECTION 310-PAINTING 310-5 PAINTING VARIOUS SURFACES. Reference Sheet Al for Pointing SECTION 313 - TEMPORARY TRAFFIC CONTROL DEVICES 313-1 TEMPORARY TRAFFIC PAVEMENT MARKERS. 313-1.1 General. The Contractor shall supply and Install lemporary traffic pavement mark- ers, channelizers, signing, railing {type K), crash cushions and appurtenances at the loca- tions shown on the plans and as required in the specifications, complete in place prior to opening the traveled way served by said final and temporary traffic pavement markers, sign- ing, railing (type K) and appurtenances to public trattic. 313-2 TEMPORARY TRAFFIC SIGNiNG. 313-2.1 General. The Contractor shall provide and install all temporary traffic control signs, markers, marlungs, and delineators at locations shown on plans and specified herein. 313-2.2 Maintenance of Temporary Traffic Signs. If temporary traffic signs are displaced or overtumed, from any cause, during the progress of the work, lhe Contractor shall immediately replace the signs in their original approved locations. The Contractor shall maintain all tempo- rary traffic signs used in the Work in a dean, reflective and readable condltkin. The Contractor sh^l replace or restore graffiti marked temporary traffic signs and posts used in ttie Wori< within 18 hours of such maridng being discovered during non-woiking hours or, when the marking is discovered during wori<ing hours, within 2 hours of such discovery ot marking. .3^3^ Revised 3/10/10 Conlract No P^ge 129 of 155 TECHNICAL SPECIFICATIONS Section 01110 Summary of Work 01 11 13 Work Covered By Contract Documents PART 1 PART 1 General 1.1 Schedule of Specifications, and Addenda The Technical Specifications, and Addenda from the Conlract Documents A, Technical Specifications date 6/13/14. B. Addenda: All Addenda issued prior to bidding 1.2 Work Covered by Contract Dccumenls A. Work Covered; Work under this contract includes all malerials, owner fumished con- tractor installed items, equipment, and labor necessary to complete the work de- scribed in the specificatbns, addenda or reasonably inferred. 1.3 Contractors A. All work vAW be executed under one prime construction contraci belween the Owner and the Contractors. Excepl as indicated other, all wori< under this contract will be un- der the direction of the prime contractor. 1 -4 Job Condilions A. Limit Construction Operations to the means and methods which will not adversely af- fect adjacent protected habitat. B. There will not be any publk: access lo the facility during the constmction project. Provide ten (10) working days' notice to the Owner tor the closure of the facility. C. Provide lemporary baniers and/or partitions as required to protect the general public from injury due to the woik of this project: and/or to protect adjaceni areas of the building form the spread ot dust and dirt caused by the work of this projeci. 1.5 Protection of Wori^ and Adjacent Property A. Building and property adjacent lo wori^ included in this project may be subject to dam- age due to construction operations. 8. Prior to the start of the work in this Contract the Contractor will provide fhe photo- graphic evidence of the faciiily and adjaceni areas to record their existing conditions. Contractor will provide photographs on an electronic siorage device. The photo- graphs will provide adequate detail to thoroughly document the condilions surround- ing the wori<. «5 ReviEed 3/10/10 Coniraci NO.4S09 Page 130 of 155 C. At the complelion of the project. Contractor shall restore landscaping, parking facili- ties, and praperty lo same condition as prior lo the start of lhe wori<. D. Contractor will maintain free of obstruction and debris, all designated areas, and handicap access ramps Provide temporary directional handicapped signage for rout- ing to the nearest accessible facililies. END OF SECTION Revised 8/10/10 Coniraci NQ,4509 Page 131 of 155 Section 01 14 00 Work Restrictions 01 14 14 Access to Site 01 14l9UseofSile Part 1 General 1.1 Contracior's Access Parking and Staging Areas A Wori< included in this project will need to be perfonned wilhin the limitations of availa- ble access at Ihe site. Conlraclor shall adjust the means and methods of constnjc- tbn to allow for the restrictions surrounding lhe site. B. All parking will be Coordinated with the owner. There will only be 5-10 pari<ing passes at the Contractor's disposal. C. Restricted Staging Area- See attached site logistics plan. D. Any fees, tickets, infractions related to pari<ing or traffic control with the project are the responsibility of the Conlraclor. E. Tlie staging areas for this project are located in landscaped areas. The Contractor shall protect ail trees located within the staging areas to the irrigation for the land- scaping. Sod and planting beds within the staging areas shall be restored lo a like- new' condition upon complelion of the work. End of Section .3^W Reused B/10/10 Contract Mc^Og pgg^ "132 gf 155 Seclion 01 33 00 Submittal Procedures 01 33 23 Shop Drawings, Product Dala, Samples Part I General 1.1 Summary A. This section covers the submittal of shop drawings, Product Data, and Samples. No pay- ment will be made for this section. t. Contracior's Construction Schedule 2. Submittal schedule 3. Shop Drawings 4. Product Dala 5. Samples 1.2 Delivery, Siorage, and H^dling A. Prepare and transmit submittals weil in advance of lhe performance of the work in order to avoid delays. B. Processing: Allow two (2) working days for the review of your submittals. C. Include the following information on the submittal: a. Project Name b. Dale c. Name and address of contractor d^ Name and address of subcontractor e^ Name and address of supplier f. Name of Manufacturer g. Number and title of appropriate Specification Seclion D. Submittal Trar>smitlal; Submit one electronic copy lo the Project Administrator via email. 1.3 Shop Drawings A. Include fabrication and installalion drawings, setting diagrams, schedules, patterns, tem- plates, and similar drawings. Include the following information: -Dimensions -Identification of produds and malerials included -Notation of Coordination requirements -Notation of dimensions established by field measurement. B. Sheet Size: Submit Shop drawings on either 8-1/2'x 11" or irx 17'. Q Shop drawings will be scalable. D. Submil one (1) electronic copy. Part 2 Products 2.1 Produci Dala A. Submil all product data for each portionof lhe wori< in one(1) electronic submission. .3^3^ Revised a/lO/lO Confiact No 4509 p^gg ^gg B. Product data includes manufacturer's installation instructions, rough in diagrams and tem- plates, performance curves, and standard color charts. C. Distribution: Furnish Copies to installers, subcontractors, suppliers, manufacturers', and others required for performance of project activities. Do not proceed with installation until an applicable copy of the product data is in the installers' possession. 2.2 Materials A. Samples Submit full size, fully fabricated samples cured and finished as specified with the identical material or product. Sample include partial section of manufactured or fabricated compo- nents, cuts or containers of materials, color range sets, and swatches showing color, texture, and pattern. B. Provide the material samples in packaging or on displays to facilitate the review of quali- ties indicated. C. Sample Submittals are to include the following: a. Generic description of the sample b. Sample Source c. Product name or manufacturer d. Availability and delivery time. D. Submit two (2) sets of samples. One (1) will be returned marked approved. END OF SECTION Revised 8/10/10 Contract No.4509 Page 134 of 155 Section 01 58 00 Temporary Barriers and Enclosures 01 56 26 Temporary Fencing Part 1 General 1.1 Summary A. Description This Section includes temporary construction fencing and related components. All temporary fencing is considered incidental to the project. No payment will be made for temporary fencing. 1.2 Submittals A. Submit as specified in Section 01 33 00 B. Include the following: 1. Product Data: Technical Data, Specifications, and installation instructions for fence material and accessories 2. Shop Drawings showing layout and location of fence, and posts. Also include fence height, size of posts, and associated hardware. 1.3 Maintenance A. Fence shall not be in disrepair. Any damage to the fencing shall be repaired imme- diately. Part 2 Products 2.1 Materials A. General 1. Fence height shall be eight (8) feet located from top of ground to top of fence. 2. Fence shall extend from the top of ground. Gaps shall be kept to less than three (3) inches between the fence and top of ground. B. Fabric 1. Fencing Fabric shall be 6 gauge with a two (2) inch mesh. 2. Fabric shall have a Knuckle Selvage at the top and bottom of the fence. 0. Posts 1. Posts shall be Sch. 40 Pipe 2. Posts shall be spaced every six (6) feet minimum. D. Anchor 1. Fence shall be anchored to the ground with sand bags or other approved means. END OF SECTION Revised 8/10/10 Contract No.4509 Page 135 of 155 SECTION 01 74 00 Cleaning and Waste Management 01 74 13 Progress Cleaning Part 1 General 1.1 Summary A. This section covers the progress cleaning and site maintenance program for the project. All progress cleaning is considered incidental to the project. No payment will be made for progress cleaning. 1.2 References 1.3 Quality Assurance A. A representative will be available for the Contractor to walk the site daily during regular business hours. B. The walkthroughs will be at the request of the City of Carlsbad representative. C. Any discrepancies found during the walkthrough will be remedied within two (2) hours 1.4 Project/Site Conditions A. The progress cleaning will be maintained by the following schedule: Daily: -All Trash/Debris removed from the site. -Site will be swept. -Any unused materials will be stored and secured in accordance with the materi- als specifications for storage. Weekly: -Immediate areas affected by construction will be cleaned by a blower or pressure washer -Temporary Construction signs, barricades, or appurtenances will be cleaned and replaced if damaged. Part 2 Products 2.1 Equipment A. Mechanically cleaned can be satisfied with a Blower, or Pressure Washer. Part 3 Execution 3.1 Examination A. Contract Administrator will walk through the completed cleaning on a random basis. Con- tractor agrees to make a company representative available for the examinations. Revised 8/10/10 Contract No.4509 p^gg 136 of 155 01 74 16 Site Maintenance Part 1 General 1.1 Summary A. This section covers the site maintenance requirements. All site maintenance is considered incidental to the project. No Payment will be made for progress cleaning. 1.2 References A. OSHA 29 CFR 1926 Subpart C 1.3 Project/Site Conditions A. Contractor agrees to maintain the site throughout the course of construction. B. The contractor agrees that there has been reasonable access to site, and time for as- sessing the site. 1.4 Maintenance A. All temporary barriers, and fences needs to be inspected daily for any damage or vandal- ism. B. Existing Structures, Walls, and Concrete need to be protected if construction operations present a risk of damage. C. Any damage to the site will need to be repaired immediately. Part 3 Execution 3.1 Examination A. Conditions of the site will be verified daily by the Contract Administrator. The Contractor will make a company representative available for the verification of conditions. 3.2 Field Quality Control A. A company representative will walk the site daily to verify conditions. B. Any systems or materials that are used to protect existing conditions will be inspected on a daily basis. Revised 8/10/10 Contract No.4509 Page 137 of 155 01 74 19 Construction Waste Management and Disposal Part I General 1.1 Summary A. This section covers Construction Waste Management and Disposal for the project. All Construction Waste Management and Disposal is considered incidental to the project. No payment will be made for Construction Waste Management and Disposal. B. The construction project has a waste diversion goal of eight-five (85%) percent. 1.2 References A. EPA Architecture and Engineering Guidelines, Chapter 1, Section 1.7, Subsection 1.7.1 Recycling Plan for Construction Materials. 1.3 Delivery, Storage, and Handling A. Delivery and Pick up of Waste Containers is only between the hours of 5:00AM-8:00AM. B. See attached Site Plan for placement of waste containers. C. Waste Containers will be secured/locked during non-business hours. D. All construction materials that are able to be reduced and recycled will be separated and processed accordingly. E. Any packaging materials will be separated and recycled accordingly. F. Provide on-site instruction on the appropriate separation, handling, recycling, salvage, re- use, and return methods to be used by all parties at the appropriate stages of the project. 1.4 Quality Assurance ^^^^ A. Contractor will maintain a daily log of construction waste diversion. The daily logs will be made available to the contract administrator on a weekly basis. B. A representative of the contractor will certify the daily logs for waste diversion. C. The location and amounts of recycling will be recorded by the Contractor. D. Records produced by the recycling facility from the construction project will be made avail- able to the Contract Administrator. 1.5 Project/Site Conditions A. Contractor agrees to keep any waste disturbance to a minimum. B. Contract Administrator will provide a reasonable location for the dumpster that will not im- pede access for the Contractors employees or subcontractors. 1.6 Maintenance A. The area around the waste containers will be mechanically cleaned on a weekly basis. B. Waste Containers will be cleaned out on a weekly basis. END OF SECTION Revised 8/10/10 Contract No.4509 Page 138 of 155 SECTION 01 77 00 Close out Procedures 01 77 13 Completion and Corrections List Part I General 1.1 Summary A. This section covers the completion and corrections list for the project. 1.2 Definitions As-Built Drawings- Copies of Original Drawings with hand written notes in red ink clearly showing the updated or revised scopes of work. 1.3 References A. Section 01 33 00 Submittals 1.4 Submittals A. Contractor will provide original drawings with hand written red-line drawings upon comple- tion of a scope of work. B. Contractor will compile hand written red lines into a set of drawings against the originals. C. An electronic copy of the 'As-Built Drawings' will be provided to the contract administrator. Part 3 Execution 3.1 Examination A. A contractor representative will be made available to inspect all completed scopes of work before acceptance by the contract administrator. B. Corrections in the scope of work will be negotiated and completed before the work is ac- cepted. 3.2 Field Quality Control A. Contractor will bring up any discrepancies to the contract administrator before the prod- uct/system is installed. B. A contractor's representative will record any discrepancies with digital photographs. 3.3 Adjusting A. Any systems that require adjusting will be adjusted to the manufacturer's specifications before acceptance by the contract administrator. Revised 8/10/10 Contract No.4509 Page 139 of 155 01 78 23 Operation and Maintenance Data _^ 01 78 23.16 Maintenance Data Part I General 1.1 Summary A. This section covers the maintenance data that will be provided by the contractor to City of Carlsbad facilities maintenance staff. 1.2 Submittals A. Contractor will provide two (2) copies of maintenance plans for each scope of work. B. Submit all manufacturer data sheets for their respective products. Part 2 Products 2.1 Manufacturers A. Provide all relevant maintenance data for the manufacturers. B. Provide one (1) Electronic copy of Safety Data Sheets from the manufacturers. Part 3 Examination 3.1 Demonstration A. Contractor agrees to walk through facility with City of Carlsbad maintenance staff. During the walkthrough any utility shut offs, and emergency procedures will be identified and any procedures for shut down demonstrated to the staff. Revised 8/10/10 Contract No.4509 Page 140 of 155 01 78 36 Warranties Part I General 1.1 Summary A. This section covers the warranties for the project. No payment will be made for warranties or work generated through warrantied items. B. The warranty period starts with the agreed upon completion of the project and acceptance of the work. C. The warranty on workmanship and materials will be for a period of one (1) year. 1.2 Submittals A. Contractor agrees to submit a warranty log for each scope. B. Warranty Log will include specific manufacturers and their representatives contact infor- mation. Part 2 Products 2.01 Manufacturers A. Provide all Manufacturer's warranty information. Part 3 Execution 3.1 Cleaning A. Contractor agrees to supply any information on cleaning means and methods for installed systems to assist in maintaining the manufacturer's warranty. 3.2 Protection A. Contractor will protect installed systems until the completion of the project. B. Any protection systems will be maintained and kept in a good working order. C. Damaged protection systems will be replaced immediately. 3.3 Application A. Contractor will provide explicit instructions on how to initiate a warranty claim. B. Warranty Claims shall be ran through the General Contractors representative for all scopes of work. C. Manufacturer Warranty Claims will be ran through the General Contractors representative until the project warranty expires, at which point the process will be transferred to the City of Carlsbad maintenance staff to initiate warranty claims with manufacturers. Revised 8/10/10 Contract No.4509 Page 141 Of 155 SECTION 03 00 00 Concrete 03 30 00 Cast-ln-Place Concrete (Reference Drawings and Supplemental Provisions for ad- ditional information pertaining to this Scope of Work) Part 1 General 1.1 Summary A. This section covers the Cast-ln-Place Concrete for the project for the following area: -Outside Shower Pad -Sidewalk Addition B. Payment for this section will be a separate Lump Sum Item. C. There will be no additional payment made for cleaning as result of the Concrete work or protection and is considered incidental to the project. 1.2 References A. 2009 Edition Standard Specifications for Public Works Construction, The Green book,' Sections 201 Concrete, Mortar, and Related Materials. A. 2009 Edition Standard Specifications for Public Works Construction, 'The Green book,' Sections 303 Concrete and Masonry Construction. A. Section 07 00 00 Joint Sealants 1.3 System Description A. Cast-ln-Place concrete will replace the current Shower pad for the beach bluff. The new shower pad will be expanded to be fill out the current island. B. Cast-ln-Place concrete will extend the sidewalk into the adjacent grass. '""^ C. Concrete Finish for the Shower Pad will have a medium to heavy broom finish. D. Sidewalk finish will match existing finish on the adjacent sidewalks. E. Cast-ln-Place patching for Sewer line replacement. F. Cast-ln-Place Mock-up of exposed aggregate concrete pad. G. Concrete Sealer for Exposed aggregate finish. H. Adjacent to Shower Pad Concrete will be with an Exposed Aggregate Finish extending to the radial curb. 1.4 Submittals A. Rock Sample - Sample can be in a 1-Qt Plastic Bag. - Infomiation from aggregate supplier indicating source, type, color, and gradation of aggre- gate shall be included in the submittal B. Design Mixtures for each concrete pavement mixture. C. Contractor will provide a 4'X4' mock-up of the exposed aggregate finish for the shower pad. 1.5 Quality Assurance A. Contractor will provide a list of 3 similar projects utilizing an exposed aggregate finish by either his workforce or a subcontractor. B. Manufacturer Qualifications for Cement Products Revised 8/10/10 Contract No.4509 Page 142 of 155 1. Manufacturer of ready-mixed concrete products who complies with ASTM C 94/C 94 M re- quirements for production and facilities and equipment. 2. ACI Publications: Comply with ACI 301 "Specification for Structural Concrete" 1.6 Warranty A. Contractor will warranty all workmanship and materials associated with the Cast-ln-Place concrete for a period of three (3) years. 1.7 Maintenance A. Contractor will provide maintenance instructions to ensure that Cast-ln-Place concrete is kept under warranty. Part 2 Products Manufacturers 2.1 Materials A. Base Materials- Crushed Aggregate Base shall consist entirely of crushed rock and rock dust conforming to the requirements of 200-1.1 and 200-1.2. B. Concrete- Portland Cement Concrete will conform to Section 201.1 Portland Cement Con- crete in the "Greenbook." C. Aggregate- Aggregates will conform to the requirements prescribed in 200-1 and shall be approved by an Engineer prior to use. D. Concrete Retarders- Sika Rugasol-S Surface Retardant or Approved Equal for the Ex- posed Aggregate Finish E. Concrete Sealer- Super-Krete Clear Seal plus Sealer or Approved Equal for the Exposed Aggregate Finish Part 3 Execution Examination 3.1 Preparation A. Excavation of unsuitable soils will be required. The current site is loose sand, with a do- mestic grass mixed throughout. B. Contractor will have to provide a compacted base of an approved aggregate to stabilize the site. 3.2 Application A. Base will be mechanically compacted. B. Concrete Finish for sidewalks will match existing. C. Concrete Sealant will be applied according to the manufacturer's specification. 3.3 Field Quality Control A. Contractor siiall ensure that all placed concrete conforms to the referenced 2009 Edition Standard Specifications for Public Works Construction, 'The Green book.' 3.4 Cleaning A. Contractor will provide and maintain a wash out on site. B. Wash out will be disposed of by the Contractor. C. Exposed Aggregate Concrete will be pressure washed before acceptance. Revised 8/10/10 Contract No.4509 Page 143 of 155 3.5 Protection A. Contractor will protect Cast-ln-Place Concrete for a period of seven (7) to fourteen (14) days. B. Contractor assumes responsibility for Cast-ln-Place Concrete protection. END OF SECTION Revised 8/10/10 Contract No.4509 Page 144 of 155 Section 04 00 00 Masonry (Reference Drawings and Supplemental Provisions for additional information pertaining to this Scope of Work) Part 1 General 1. 1 Summary A. This section covers the associated masonry work for the project. B. Payment for this section will be a separate Lump Sum item. 1.2 References A. Drawings for Locations of Masonry to be repaired or replaced. B. Section 01 33 00 Submittal Procedures 1.3 System Description A. The Masonry scope consists of demolishing various sections of masonry in order to com- plete the work, and patching back the area with new masonry. 1.4 Submittals A. Contractor will provide a sample of the brick replacement for approval. 1.5 Project/Site Conditions A. The contractor will be responsible for the coordination of the demolition between the ma- son and the plumber regarding the selective demolition of the wall. B. Existing Holes that cannot be replaced with block will be filled mortar, and finished to match existing surface. 1.6 Sequencing and Scheduling A. Contractor will coordinate this portion of the scope with both the Plumber and the Mason. Part 2 Products 2.1 Manufacturers A. Contractor will provide block manufacturers information to include any licensing, and the production plant information. B. Concrete Masonry Units will meet ASTM- C90 C. Grout will meet ASTM C476-10 2.2 Materials A. Contractor will use the following types of block to complete the work -8" X 4" X 16" CMU to match existing -8" x 8" X 16" CMU to match existing B. Type-S mortar shall be used. C. Reinforcing Bars will be free of old mortar, oils, mill scale and other encrustation or coat- ings that might reduce bond. D. Adhesive Anchoring System- Hilti HIT-HY100 Adhesive Anchor 2.3 Accessories Revised 8/10/10 Contract No.4509 p^gg 145 of 155 A. Contractor will use the manufacturer recommended dispenser for the adhesive anchor system. Part 3 Execution 3.1 Examination A. All dowels that are being secured with an Adhesive Anchoring system will be inspected by a City of Carlsbad representative to ensure that the proper cleaning steps are being taken to ensure proper adhesion between the Concrete and Reinforcing steel. 3.2 Preparation A. Contractor will cut out and remove the affected masonry wall, approximately 5 course from grade, for the plumbing trade to replace the pipes, hangers, and associated work with the plumbing systems. B. Cutting CMU will be done with a Wet saw. C. Drilled and Doweled holes will be cleaned in the following manner. 1. Contractor will mark on the drill bit with a piece of tape to mark the approximate depth of the hole. 2. Vacuum the immediate area, around the drilled opening, to ensure that no debris has fallen into the hole. 3. Blow compressed air into the hole for a 2-3 second count. 4. Brush the hole with a Nylon bristle brush that is the same diameter as the drilled hole. 5. Blow compressed air into the hole for a 2-3 second count. 6. Repeat until no dust or debris comes out of the drilled hole. 3.3 Field Quality Control A. City of Carlsbad representative will be on-site to inspect the reinforcing steel anchoring system. B. City of Carlsbad representative will on-site to inspect the cleaning of any drilled holes that will be used as an anchor for reinforcing steel. 3.4 Adjusting A. Contractor shall adjust the masonry work to the plumbing trade. 3.5 Cleaning A. Contractor shall remove and debris from the site on a daily basis. 3.06 Demonstration A. Contractor will show that the epoxy system is in the packaging and not being re-used. B. Contractor will provide new mixing tips for the adhesive system. C. Contractor will demonstrate that the epoxy system is mixing properly. END OF SECTION Revised 8/10/10 Contract No.4509 p^gg 146 of 155 Section 05 00 00 Metals Summary: Contractor to fabricate and install two (2) metal gates per the drawings. Reference Sheet A1 Section 06 00 00 Wood, Plastics, and Composites Summary: Contractor to replace approximately 100SF of Tongue and Groove material diagonally place in the Women's Restroom. Reference Sheet Al Division 07 00 00 Thermal and Moisture Protection Summary: Contractor to remove and replace roof and skylights. Reference Sheet A2 Section 09 90 00 Painting and Coating Summary: Interior and Exterior Paint Contractor to prepare and apply paint per the instructions on the drawings. Reference Sheet Al Revised 8/10/10 Contract No.4509 Page 147 of 155 Section 09 67 16 EPOXY COLOR CHIP FLOORING PART 1 GENERAL 1.1 SUMMARY A. Section Includes: 1. Moisture vapor emission testing. 2. Surface preparation. 3. Furnishing and installation of seamless color chip flooring. 1.2 RELATED SECTIONS A. Section 03300 - Cast-ln-Place Concrete: 1. Concrete slabs on or below grade shall be installed over an effective moisture vapor barrier. 2. Concrete slabs shall be cured 30 days, be structurally sound and have a steel trowel finish. 3. Surface shall be well sloped to drains, straight and level with the permissible degree of tolerance of 1/4" in lO'-O" in any direction. 4. No curing compounds or surface contaminants shall be used in placing new con- crete. 1.3 SUBMITTALS A. Submit manufacturer's product data, literature and brochures. B. Submit manufacturer's samples showing color choices and texture. C. Prior to commencing work, installer shall prepare two 6" x 6" samples of the resinous flooring chosen for the project showing actual color, thickness and texture. These samples shall serve as a basis for comparison throughout the duration of the work. 1.4 QUALITY ASSURANCE A. All materials used in the seamless color chip flooring system shall be manufactured by a single manufacturer to ensure compatibility and proper bonding. B. Applicator shall be a licensed contractor, trained and approved by the manufacturer and shall have a minimum of 3 years experience in the application of special polymer flooring. C. All work shall be performed in strict accordance with the manufacturer's written instruc- tions. 1.05 DELIVERY, STORAGE AND HANDLING A. All material shall be delivered to the jobsite in unopened containers clearly labeled by the manufacturer and stored in a dry location at a minimum of 65 degrees. 1.06 WARRANTY A. Manufacturer shall guarantee that his materials are free from defects and comply with his published specifications. Revised 8/10/10 Contract No.4509 Page 148 of 155 B. Applicator shall warranty against faulty workmanship for a period of three years from substantial completion of the project. PART 2 PRODUCTS 2.01 MANUFACTURERS A. Resin systems and color chips shall be as supplied by Arizona Polymer Flooring, Glen- dale, Arizona. 2.01 MATERIALS A. Primer shall be two-component, thermosetting epoxy resin. B. Base coat shall be a two-component, VOC compliant polyurethane. C. Color chips shall be 3-5 mil thick colorfast vinyl acrylic paint chips. D. Glaze coat shall be a two-component, VOC compliant aliphatic polyurethane. 2.03 SYSTEM DESCRIPTION A. Flooring system shall be 8-12 mils thick with color and texture to match the sample cho- sen. B. Finished flooring system shall have the following performance characteristics: 1. Tensile Strength (ASTM D 638): 5000 psi. 2. Tensile Elongation (ASTM D 638): 25% 3. Compressive Yield Strength (ASTM D 695): 7075 psi. 4. Impact Resistance (ASTM D 2794): Passes 160 inch pounds. 5. Tabor Abrasion (C517 wheel, 1000 gr. load, 1000 cycles): 40 mg. 6. Thermal Shock Resistance (ASTM C 1884): passes C. Chemical Resistance: (ASTM D 1308 - 24 hour exposure) Unaffected by the follow- ing: 1. Urine 2. Blood 3. Alcohol 4. Black Ink 5. Gasoline 6. Brake Fluid 7. Skydrol B-4 8. Xylene 9. 25% Hydrochloric Acid 10. 25% Sulfuric Acid 11. 10% Acetic Acid PART 3 EXECUTION 3.01 EXAMINATION A. Verification of Conditions: 1. Inspect surfaces to receive seamless color chip flooring. Revised 8/10/10 Contract No.4509 Page 149 of 155 2. Conduct calcium chloride moisture vapor emission testing according to ASTM 1869-04. If test reading is above three pounds, consult Arizona Polymer Flooring before proceeding. 3. Before starting work, report in writing to the architect any unsatisfactory condition. 4. Application of any material shall signify that surfaces have been inspected and are satisfac- tory. 3.02 SURFACE PREPARATION A. Remove substrate ridges and protrusions by grinding or sanding. B. Concrete surfaces to receive flooring system shall be abraded to a minimum of 5 mil profile using shot blasting or acid etching. If acid etching is used, it shall be done in strict accordance with the manufacturer's written instructions. Etching shall be accomplished using a mechanical scrubber with an aggressive "nylogrif type brush. C. Control joints and cracks should be filled with Epoxy 300 Flex Paste according to the manufacturer's instructions. All expansion joints should be honored. 3.03 INSTALLATION A. Allow sufficient time for the installation of the flooring system. At no time shall the speed of project completion be allowed to detrimentally affect the application. B. Provide sufficient light, power, heat and working conditions to permit proper application of the material. Substrate temperature shall be at a minimum of 50 degrees F during application and for 48 hours thereafter. C. Apply Epoxy 100 water-based primer at the rate of 250-275 sq. ft. per gallon. Allow to cure overnight. D. Apply pigmented Polyurethane 100 at the rate of 300-325 sq. Ft. Per gallon. Broadcast premixed color chips into the wet base coat. E. After the base coat has cured, sweep excess chips and scrape aggressively with drywall ^ scraper. Sweep again and vacuum loose chips. F. Apply finish coat of PolyurethanelOO or Polyurethane 501 at a rate of 300-325 sq. ft. per gallon. 3.04 PROTECTION OF FINISHED WORK A. Prohibit traffic on floor for 48 hours after installation. B. Avoid heavy abrasion and chemical exposure for five days. 3.05 MAINTENANCE A. Floor should be cleaned with ammonia and water or a mild, non-filming detergent. For difficult stains, paint thinner may be used without harming the finish. B. Waxing is not required but may be done if desired. Periodic re-glazing will completely renew the surface. This should be accomplished according to manufacturer's written instructions. END OF SECTION Revised 8/10/10 Contract No.4509 pg^gg 150 of 155 Division 10 00 00 Specialties SECTION 102113 TOILET COMPARTMENTS PARTI GENERAL 1.1 SECTION INCLUDES A. Compact Laminate, Moisture Resistant Substrate: (Bobrick DuraLineSeries) 1. Toilet Partitions: a. Configuration: Floor-Anchored. b. Configuration: Floor-Anchored, Overhead-Braced. 1.2 RELATED REQUIREMENTS A. Section 055000 - Metal Fabrications, coordination with overhead supports; steel beams above finished ceiling to secure Ceiling-Hung and floor-to-ceiling stiles. B. Section 061000 - Rough Carpentry, coordination with blocking in walls to secure panels, wall posts and stiles. C. Section 102800 - Washroom Accessories, for accessories. V 1.3 SUBMITTALS A. Product Data: Submit manufacturer's data sheets for each product specified. B. Shop Drawings: Submit manufacturer's shop drawings for each product specified, including the following: 1. Plans, elevations, details of construction and attachment to adjacent construction. 2. Show anchorage locations and accessory items. 3. Verify dimensions with field measurements prior to final production of toilet compartments. 1.4 QUALITY ASSURANCE A. Manufacturer: Provide products manufactured by a company with a minimum of 10 years successful experience manufacturing similar products. B. Single Source Requirements: To the greatest extent possible provide products from a single manufacturer. C. Accessibility Requirements: Comply with requirements applicable in the jurisdiction of the project, including but not limited to ADA and ICC/ANSl Al 17.1 requirements as appiicabie. Revised 8/10/10 Contract No.4509 Page 151 of 155 1.5 DELIVERY, STORAGE, AND HANDLING A. Deliver, store and handle materials and products in strict compliance with manufacturer's instructions and recommendations. Protect from damage. 1.6 WARRANTY A. Manufacturer's Warranty (DuraLineSeries): Manufacturer's standard 25 year limited warranty for panels, doors, and stiles against breakage, corrosion, delamination, and defects in factory workmanship. Manufacturer's standard 1 year guarantee against defects in material and workmanship for stainless steel door hardware and mounting brackets. PART 2 PRODUCTS 2.1 MANUFACTURER A. Basis-of-Design Products: Based on the quality and performance requirements of the project, specifications are based solely on the products of Bobrick Washroom Equipment, Inc.. www.bobrick.com. Location of manufacturing shall be the United States. 2.2 COMPACT LAMINATE, MOISTURE RESISTANT SUBSTRATE (DuraLineSeries) A. Compact Laminate, Moisture Resistant Partitions: Bobrick DuraLineSeries. 1. Color: S-436Sand. B. Toilet Partitions: 1. Configuration: Floor-Anchored partitions. a. Basis-of-Design: Bobrick 1081.67 DuraLineSeries Toilet Partitions, vandal resistant. 1) Design: Standard design. 2) Hardware: Vandal resistant full-height stainless steel hardware. 2. Configuration: Floor-Anchored, Overhead-Braced partitions;. a. Basis-of-Design: Bobrick 1082.67 DuraLineSeries Toilet Partitions, vandal resistant. 1) Design: Standard design. 2) Hardware: Vandal resistant full-height stainless steel hardware. C. Materials: Compact Laminate material for stiles, panels, doors and screens. 1. Phenolic Construction: Solidly fused high pressure laminate with matte-finish melamine surfaces; integrally bonded colored face sheets and black phenolic-resin core. 2. Phenolic Edges: Black; brown edges not acceptable. D. Finished Thickness: 1. Stiles and Doors: 3/4 inch (19 mm). a. Finished thickness of doors and stiles to ensure flush front. 2. Panels and Screens: 1/2 inch (13 mm). 0 '.mil' .3 Revised 8/10/10 Contract No.4509 Pagg 152 of 155 E. Wall Posts: Pre-drilled for door hardware, 18-8, Type 304,16 gauge (1.6 mm) stainless steel with satin finish; 1 inch (25 mm) x 1-1/2 inches (38 mm) x 58 inches high (1473 mm). F. Stiles: Floor-Anchored stiles furnished with expansion shields and threaded rods. 1. Leveling Devices: 7 gauge, 3/16 inches (5 mm) thick, corrosion-resistant, chromate-treated, double zinc-plated steel angle leveling bar bolted to stile; furnished with 3/8 inch (10 mm) diameter threaded rods, hex nuts, lock washers, flat washers, spacer sleeves, expansion anchors, and shoe retainers. 2. Stile Shoes: One-piece, 22 gauge (0.8 mm), 18-8, Type 304 stainless steel, 4 inch (102 mm) height; tops with 90 degree return to stile. One-piece shoe capable of adapting to 3/4 inch (19 mm) or 1 inch (25 mm) stile thickness and capable of being fastened (by clip) to stiles starting at wall line. G. Anchors: Expansion shields and threaded rods at floor connections as applicable. Threaded rods secured to supports above ceiling as applicable. Supports above ceiling furnished and installed as Work of Section 055000. H. Hardware: 1. Compliance: Operable with one hand, without tight grasping, pinching, or twisting of the wrist, and force to operate does not exceed five pounds. 2. Emergency Access: Hinges, latch allow door to be lifted over keeper from outside compartment. 3. Materials: 18-8, Type 304, heavy-gauge stainless steel with satin finish. Chrome- plated "Zamak", aluminum, or extruded plastic hardware not acceptable. 4. Fastening: Hardware secured to door and stile by through-bolted, theft-resistant, pin-in-head Torx stainless steel machine screws into factory-installed, threaded brass inserts. Fasteners secured directly into core not acceptable. a. Threaded Brass Inserts: Factory-installed; withstand direct pull force exceeding 1500 Ib. (680 kg) per insert. 5. Clothes Hooks: Projecting no more than 1-1/8 inch (29 mm) from face of door. 6. Mounting: Hinges, keepers, latches, clothes hooks and their fasteners concealed inside compartment. Exposed hinges, keepers, latches, clothes hooks and their fasteners on exterior of compartment not acceptable with the exception of accessible compartments. 7. Hardware Type: Institutional hardware (.67). Latching: 14 gauge (2 mm) sliding door latch, 11 gauge (3.2 mm) keeper; latch slides on shock-resistant nylon track. Twist-style door latch operation not acceptable. Hinges: 16 gauge (1.6 mm) stainless steel with satin finish, self-closing, 3 section hinges. Mounting Brackets: 18 gauge (1.2 mm) stainless steel and extend full height of panel. 1) U-Channels: Secure panels to stiles. 2) Angle Brackets: Secure stiles-to-walls and panels-to-walls. a. b. PART 3 EXECUTION 3.1 PREPARATION Revised 8/10/10 Contract No.4509 Page 153 of 155 A. Prepare substrates including but not limited to blocking and supports in walls and ceilings at points of attachment using methods recommended by the manufacturer for achieving the best result for the substrates under the project conditions. 1. Inspect areas scheduled to receive compartments for correct dimensions, plumbness of walls, and soundness of surfaces that would affect installation of mounting brackets. 2. Verify spacing of plumbing fixtures to assure compatibility with installation of compartments. B. If preparation is the responsibility of another installer, notify Architect in writing of deviations from manufacturer's recommended installation tolerances and conditions. C. Do not proceed with installation until substrates have been properly prepared with blocking and supports in walls and ceilings at points of attachment and deviations from manufacturer's recommended tolerances are corrected. Commencement of installation constitutes acceptance of conditions. 3.2 INSTALLATION A. Install products in strict compliance with manufacturer's written instructions and recommendations, including the following: 1. Verify blocking and supports in walls and ceilings have been installed properiy at points of attachment. 2. Verify location does not interfere with door swings or use of fixtures. 3. Use fasteners and anchors suitable for substrate and project conditions 4. Install units rigid, straight, plumb, and level. 5. Conceal evidence of drilling, cutting, and fitting to room finish. 6. Test for proper operation. 3.3 ADJUSTING, CLEANING AND PROTECTION A. Adjust hardware for proper operation after installation. Set hinge cam on in-swinging doors to hold doors open when unlatched. Set hinge cam on out-swinging doors to hold unlatched doors in closed position. B. Touch-up, repair or replace damaged products. C. Clean exposed surfaces of compartments, hardware, and fittings. END OF SECTION Revised 8/10/10 Contract No.4509 pggg •] 54 of 155 Division 15 Mechanical Section 15 10 00 Building Sen/ice Piping Reference Drawings and Supplemental Provisions for additional information pertaining to this Scope of Work. Section 15 40 00 Plumbing Fixtures Summary: Plumbing Fixtures will be owner furnished and contractor installed. Qty Description Bradley WC7245 Chase Mounted Siphon Jet Stainless Steel Toilet Sloan 110 Closet Flushometer Bradley URI8202FM Stainless Steel Wall-Hung Blowout Action Urinal Sloan 186 Urinal Flushometer Chicago Faucets Single Hole Metering Fitting No. 333-665-PSH Bradley Front Mounted Barrier Free Rectangular Bowl Stainless Steel Lav w/Shelf LAV6500FM Bradley 7910 Single Valve Recessed Hose Box Acorn Shower Ware 900 Pylon Showers Four Station Models Division 16 Electrical Summary: NOT IN CONTRACT Revised 8/10/10 Contract No.4509 Page 155 of 155