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Home My WebLink AboutJamison Engineering Contractors Inc; 2015-10-13; PWS16-03UTILRECORDED REQUESTED BY CITY OF CARLSBAD AND WHEN RECORDED PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 DOC# 2016-0452119 1111111111111111111111111111111111111111111111111111111111111111111111 Aug 30, 2016 04:59 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr, SAN DIEGO COUNTY RECORDER FEES $0.00 PAGES 1 Space above this line for Recorder's use. PARCEL NO: N/A ------------------- NOTICE OF COMPLETION Notice is hereby given that: 1. The undersigned is owner of the interest or estate stated below in the property hereinafter described. 2. The full name of the undersigned is City of Carlsbad, a municipal corporation. 3. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California 92008. 4. The nature of the title of the undersigned is: In fee. 5. A w.ork or improvement on the property hereinafter described was completed on March 4, 2016. 6. The name of the contractor for such work or improvement is Jamison Engineering Contractors, Inc. 7. The property on which said work or improvement was completed is in the City of Carlsbad, County of San Diego, State of California, and is described as follows: Buena Interceptor Sewer Biological Odor Control Unit, Project No. 5501-2. 8. The street address of said property is on Palomar Airport Road in the City of Carlsbad. VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Carlsbad,A\fO Car!sbad Village Drive, Carlsbad, California, 92008; the City Manager of said City on t;\~1 '2-\ , 20j!Q_, accepted the above described work as completed and ordered that a Notice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on ) J../-., ~J , 20_ljz_, at Carlsbad, California. Word\Masters\Forms\Notice of Completion (City) 3/9/98 CITY OF CARLSBAD ACCEPTANCE OF PUBLIC IMPROVEMENTS COMPLETION OF PUBLIC IMPROVEMENTS The contractor has constructed the improvements required for Project No. 5501-2, Buena Interceptor Sewer Biological Odor Control Unit, and has requested that the City of Carlsbad accept the public improvements. City forces have inspected the public improvements and found them to be satisfactory. The public improvements consist of: IMPROVEMENTS VALUE Odor Control Unit $156,033 PUBLIC WORKS DIRECTOR CERTIFICATION OF COMPLETION OF IMPROVEMENTS A~ oa;/,7 /~o CITY MANAGER'S ACCEPTANCE OF PUBLIC IMPROVEMENTS The construction of the above described public improvements is deemed complete and hereby accepted. The City Clerk is hereby authorized to record the Notice of Completion and release the bonds in accordance with State Law and City Ordinances. is hereby directed to commence maintaining the above described Kevin Cr APPROVED AS TO FORM: CELIA BREWER, City Attorney By:~ Deputy City Attorney Word\Masters\Forms\Acceptance of Public Improvements (City) Date 3/9/98 CITY OF CARLSBAD CONTRACT CHANGE ORDER NO. 1 PROJECT: 5501-2, Buena Interceptor Sewer Biological Odor Control Unit CONTRACT NO. 5501-2 ACCOUNT NO. 51270009060/550129066 CONTRACTOR: Jamison Engineering Contractors, Inc. ADDRESS: 2525 S Yale St. Santa Ana, CA 92704 P.O. NO. P131169 The Contractor is directed to make the following changes as described herein. Changes shall include all labor, materials, equipment, contract time extension, and ali other goods and services required to implement this change. Payment stated on this change order includes all charges, direct or indirect, arising out of this additional work including charges for field overhead, extended home office overhead, delays, disruptions, cumulative impacts, loss of efficiency, extended equipment costs and overtime premium costs and is expressly agreed between the City and the Contractor to be the complete and final costs hereof. The requirements of the specifications, where pertinent and not in conflict with this change order, shall apply to these changes. This change order is not effective unless signed by the City Manager and/or the Mayor or his/her designee. Pursuant to Section 3 of the General Provisions of this contract, perform the following: Item 1: Over excavate equipment pad and place 3-inch rock, class II base and stabilization fabric. Increase to contract cost ............................................................. $7,833.00 TOT AliNCREASE TO CONTRACT COST .•..•.••••..•••...•..•......................•..... $7 ,833.00 TIME FOR COMPlETION OF All WORK UNDER THIS CONTRACT SHAll BE INCREASED BY~ WORKING DAYS AS A RESUlT OF THIS CHANGE ORDER. Project:# 5501-2, Buena Interceptor Sewer Biological Odor Control Unit Change Order No.1 RECOMMENDED BY: APPROVED BY: (DATE) DISTRIBUTION: INSPECTION FILE (ORIGINAL), PURCHASING, CONTRACTOR, DEPUTY DIRECTOR DESIGN (DATE) CITY OF CARLSBAD CONTRACT CHANGE ORDER TRANSMITTAL-C/0 # 1 Project: 5501-2, Buena Interceptor Sewer Biological Odor Control Unit Date Routed: Reasons for changes: To: Construction Management & Inspection Department Head Finance Director'-0\ City Manager/Mayor Construction Management & Inspection Item 1: The city directed the contractor to over excavate the equipment pad by 2 feet, remove the existing subgrade material, and replace with 3-inch rock, class II base and stabilization fabric. The over excavation was required because the underlying soil consisted of saturated clay with low bearing strength which was not identified in the contract documents. COST ACCOUNTING SUMMARY: Original contract amount $148,200.00 Total amount this C/0 $7,833.00 Total amount of previous C/O's $0.00 Total C/O's to date $7,833.00 New Contract Amount $156,033.00 Total C/O's as% of original contract 5.29% Contingency amount encumbered $0.00 Contingency increase I decrease * $7,833.00 Contingency Subtotal $7,833.00 Total C/O's to date $7,833.00 Contingency balance $0.00 *Note: This change order will be encumbered once the CCO is fully executed . CITY OF CARLSBAD San Diego County Califomia CONTRACT DOCUMENTS, GENERAL PROVISIONS AND TECHNICAL SPECIFICATIONS FOR BUENA INTERCEPTOR SEWER BIOLOGICAL ODOR CONTROL UNIT REBID CONTRACT NO. 5501-2 BID NO. FWS16-03UTIL ^¥ Revised 3/6/15 Contract No. 5501-2 Page 1 of 91 Pages TABLE OF CONTENTS Item Eage Notice Inviting Bids 6 Contractor's Proposal 10 Bid Security Form 16 Bidder's Bond to Accompany Proposal 17 Guide for Completing the "Designation Of Subcontractors" Form 19 Designation of Subcontractor and Amount of Subcontractor's Bid Items 21 Bidder's Statement of Technical Ability and Experience 22 Bidder's Certificate of Insurance for General Liability, Employers' Liability, Automotive Liability and Workers' Compensation 23 Bidder's Statement Re Debarment 24 Bidder's Disclosure of Discipline Record 25 Noncollusion Declaration to Be Executed by Bidder and Submitted with Bid 27 Contract Public Works 28 Labor and Materials Bond 34 Faithful Performance/Warranty Bond 36 Optional Escrow Agreement for Surety Deposits in Lieu of Retention 38 Revised 3/6/15 Contract No. 5501-2 Page 2 of 91 Pages GENERAL PROVISIONS Section 1 Terms, Definitions Abbreviations and Symbols 1-1 Terms 41 1-2 Definitions 42 1-3 Abbreviations 46 1-4 Units of Measure 49 1- 5 Symbols 50 Section 2 Scope and Control of The Work 2- 1 Award and Execution of Contract 51 2-2 Assignment 51 2-3 Subcontracts 51 2-4 Contract Bonds 52 2-5 Plans and Specifications 53 2-6 Work to be Done 56 2-7 Subsurface Data 56 2-8 Right-of-Way 56 2-9 Surveying 56 2-10 Authority of Board and Engineer 56 2- 11 Inspection 57 Section 3 Changes in Work 3- 1 Changes Requested by the Contractor 58 3-2 Changes Initiated by the Agency 58 3-3 Extra Work 59 3-4 Changed Conditions 61 3- 5 Disputed Work 63 Section 4 Control of Materials 4- 1 Materials and Workmanship 66 4- 2 Materials Transportation, Handling and Storage 70 Section 5 Utilities 5- 1 Location 71 5-2 Protection 71 5-3 Removal 72 5-4 Relocation 72 5-5 Delays 73 5- 6 Cooperation 73 Section 6 Prosecution, Progress and Acceptance of the Work 6- 1 Construction Schedule and Commencement of Work 74 6-2 Prosecution of Work 74 6-3 Suspension of Work 75 6-4 Default by Contractor 75 6-5 Termination of Contract 76 6-6 Delays and Extensions of Time 76 6-7 Time of Completion 77 6-8 Completion, Acceptance, and Warranty 77 6-9 Liquidated Damages 78 6-10 Use of Improvement During Construction 78 Revised 3/6/15 Contract No. 5501-2 Page 3 of 91 Pages Section 7 Responsibilities of the Contractor 7-1 Contractor's Equipment and Facilities 79 7-2 Labor 79 7-3 Liability Insurance 79 7-4 Workers' Compensation Insurance 79 7-5 Permits 80 7-6 The Contractor's Representative 80 7-7 Cooperation and Collateral Work 80 7-8 Project Site Maintenance 81 7-9 Protection and Restoration of Existing Improvements 82 7-10 Public Convenience and Safety 83 7-11 Patent Fees or Royalties 86 7-12 Advertising 86 7-13 Laws to be Obsen/ed 86 7-14 Antitrust Claims 87 Section 8 Faciiities for Agency Personnel (Not Used) Section 9 Measurement and Payment 9-1 Measurement of Quantities for Unit Price Work 88 9-2 Lump Sum Work 88 9-3 Payment 88 9-4 Bid Items 91 f" Revised 3/6/15 Contract No. 5501-2 Page 4 of 91 Pages ^*i^-- TECHNICAL SPECIFICATIONS DIVISION 01 - GENERAL REQUIREMENTS 01010 Summary of Work DIVISION 15 - MECHANICAL 15900 Packaged Biological Odor Control Unit DIVISION 16- ELECTRICAL 16050 Electrical General Provisions V Revised 3/6/15 Contract No. 5501-2 Page 5 of 91 Pages CITY OF CARLSBAD CALIFORNIA NOTICE INVITING BIDS UNTIL 2:00 PM ON AUGUST 20, 2015, 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: Installation of a Biological Odor Control Unit on an Existing Sewer Outfall Pipeline. BUENA INTERCEPTOR SEWER ODOR CONTROL UNIT PROJECT - REBID CONTRACT NO. 5501-2 BID NO. PWS16-03UTIL INSTRUCTIONS TO BIDDERS AND BID REQUIREMENTS This bid and the tenns of the Contract Documents and General Provisions constitute an irrevocable offer that shall remain valid and in full force for a period of 90 days and such additional time as may be mutually agreed upon by the City of Carlsbad and the Bidder. No bid will be received unless it is made on a proposal form furnished by the Purchasing Department. Each bid must be accompanied by security in a form and amount required by law. The bidder's security of the second and third next lowest responsive bidders may be withheld until the Contract has been fully executed. The security submitted by all other unsuccessful bidders shall be returned to them, or deemed void, within ten (10) days after the Contract is awarded. Pursuant to the provisions of law (Public Contract Code section 10263), appropriate securities may be substituted for any obligation required by this notice or for any monies withtield 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 debarred by the City of Carlsbad or another jurisdiction in the State of California as an irresponsible bidder. The work shall be performed in strict conformity with the plans, provisions, and specifications as ap- proved by the City Council of the City of Carisbad on file with the Public Works_Department, Utilities Division. The specifications for the work include City of Carisbad Technical Specifications and the Standard Specifications for Public Works Construction. Parts 2 & 3. current edition at time of bid openinq and the supplements thereto as published bv 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 work. The General Provisions (Part 1) to the SSPWC do not apply. Revised 3/6/15 Contract No. 5501-2 Page 6 of 91 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 properiy 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) 11. Equipment/Material Source List 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 forthe comparison of bids. The Engineer's Estimate is $152.000 (ONE HUNDRED FIFTY TWO THOUSAND DOLLARS). 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 properly licensed at the time the contract is awarded. In all other cases the contractor shall state their license number, expiration date and classification in the proposal, under penalty of perjury. This invitation to bid DOES NOT involve federal funds. The follow- ing classifications are acceptable forthis contract: CLASSIFICATION "A" GENERAL ENGINEERING 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. ^•f'^ Revised 3/6/15 Contract No. 5501-2 Page 7 of 91 Pages OBTAINING PLANS AND SPECIFICATIONS Sets of plans, various supplemental provisions, and Contract documents may be obtained at the Cash- iers' Counter ofthe Faraday Center located at 1635 Faraday Avenue, Carisbad, CA 92008 for $30.00; or may be obtained through the City of Carisbad web site (www.carisbadca.gov) at no cost. Questions regarding bid packages or the bid process should be directed to: Kevin Davis, Senior Contract Ad- ministrator, 760-602-2466. INTENT OF PLANS AND SPECIFICATIONS Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings, spec- ifications or other contract documents, or finds discrepancies in or omissions from the drawings and specifications may submit to the Engineer a written request for clarification or correction. Any response will be made only by a written addendum duly issued by the Engineer a copy of which will be mailed or delivered to each person receiving a set of the contract documents. No oral response will be made to such inquiry. Prior to the award of the contract, no addition to, modification of or interpreta- tion of any provision in the contract documents will be given by any agent, employee or con- tractor of the City of Carlsbad except as hereinbefore specified. No bidder may rely on direc- tions given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. REJECTION OF BIDS The City of Carisbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. PREVAILING WAGE TO BE PAID The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to the sections 1770, 1773, and 1773.1 ofthe Labor Code. Pursuant to section 1773.2 ofthe Labor Code, a current copy of applicable wage rates is on file in the Office ofthe City Engineer. The Contractorto whom the Contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the Contract. The Prime Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcon- tracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the purposes of section 4107 and 4107.5. The provisions of Part 7, Chapter 1, ofthe Labor Code commencing with section 1720 shall apply to the Contract for work. MANDATORY PRE BID MEETING A mandatory pre-bid meeting will be held at 2:00 p.m. on July 29, 2015 at 5950 El Camino Real, the meeting will include a site visit. Bids from bidder who did not attend and sign in at the pre-bid meeting will be considered non-responsive and therefore not eligible for award of this contract. 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 con-ected 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. Revised 3/6/15 Contract No. 5501-2 Page 8 of 91 Pages ADDENDUMS Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to /-^ bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid. ^ BOND AND INSURANCE REQUIREMENTS The Contractor shall provide bonds to secure faithful perfonnance and warranty of the work in an amount equal to one hundred percent (100%) of the Contract price on this project. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to one hundred percent (100%) of the total amount payable by the tenns 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 ofthe amount ofthe bond. The bonds are to be accompanied by the following documents: 1) An original, or a certified copy, ofthe unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the City may require copies of the insurer's most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within ten (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. W 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. Workers' compensation insurance required under this contract must be offered by a company meeting the above standards with the exception that the Best's rating condition is waived. The City does accept policies issued by the State Compensation Fund meeting the requirement for workers' compensation insurance. The Contractor shall be required to maintain insurance as specified in the Contract. Any additional cost of said insurance shall be included in the bid price. The award 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 LICENSE The prime contractor and all subcontractors are required to have and maintain a valid City of Carisbad Business License for the duration of the contract. c July 16, 2015 Date Deputy City Clerk Revised 3/6/15 Contract No. 5501-2 Page 9 of 91 Pages CITY OF CARLSBAD BUENA INTERCEPTOR SEWER BIOLOGICAL ODOR CONTROL UNIT CONTRACT NO. 5501-2 CONTRACTOR'S PROPOSAL OPENED, WITNESSED AND RECORDED: City Council City of Cartsbad 1200 Cartsbad Village Dnve Carlsbad, Califomia 92008 The undersigned declares he/she has carefully examined the location of the wortt, read the Notice Inviting Bids, examined the Plans, Specificattons, General Provisions, Contract Documents, and ad- denda thereto, and hereby proposes to fumish all labor, materials, equipment, transportation, and senAices required to do all the work to complete Contract No. 5501-2 in accordance with the Plans, Specifications, Qeneral 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 Item No. DescriDtion Approximate Quantity And Unit Unit Price (Fiaures) 1 Odor Control Unit n^f \i.iU^ e,\.u X\f>*^i^^fl TuJl2 Dollars (Each) Total Amount (Fiaures) Total amount of bid in words: 6)*,f. ^y^» T^i^J Hoa Total amount of bkJ in numbers: $. Price(s) given above are firm for 90 days after date of bid opening Addendum<a) No(s).. posal. has/have been received and is/are included in this pro- The Undersigned has carefully checked ail of the above figures and understands that the City will not be responsible for any error or omission on the part of the Undersigned in prepanng this bid. The Undersigned agrees that in case of default in executing the required Contract with necessary bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, the City may administratively authorize award of the contract to the second or third lowest bkider and the bid security of the lowest bidder may be forfeited. Revised 3/6/15 Contract No. 5501-2 Page 10 of 91 Pages 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 Califomia, validly licensed under license number ^C»039S , classification A G)tt\er«l which expires on 3/3! / -LOM , and that this statement is true and correct and has the legal effect of an affidavit. A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City § 7028.15(e). In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. However, at the time the contract is awarded, the contractor shall be properly licensed. The Undersigned bidder hereby represents as follows: 1. That no Council member, officer agent, or employee of the City of Carlsbad is personally inter- ested, directly or indirectly, in this Contract, orthe compensation to be paid hereunder; that no repre- sentation, oral or in writing, of the City Council, its officers, agents, or employees has inducted him/her to enter into this Contract, excepting only those contained in this form of Contract and the papers made a part hereof by its temns; and 2. That this bid is made without connection with any person, fimn, or corporation making a bid for the same wortc, and is in all respects fair and without collusion or fraud. Accompanying this proposal is S«'c/ ^^nrJ (Cash, Certified Check, Bond or Cashier's Check) for ten percent (10%) of the amount bid. The Undersigned is aware of the provisions of section 3700 of the Labor Code which requires every employer to be insured against liability for wortters' 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 wortt of this Contract and continue to comply until the contract is complete. The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2, relative to the general prevailing rate of wages for each craft or type of wortcer needed to execute the Contract and agrees to comply with its provisions. Revised 3/6/15 Contract No. 5501-2 Page 11 of 91 Pages ^heck A License - License Detail - Contractors State License Board Page 1 of Contractor's License Detail for License # 760355 DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware ofthe following limitations. CSLB complaint disclosure is restricted by law (B&P 7124.6) If ttiis entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on ttie link or button to obtain complaint and/or legal action infomnation. Per B&P 7071.17 , only construction related civil judgments reported tothe CSLB are disclosed. Arbitrations are not listed unless ttie contractor fails to comply with the terms of the arbitration. Due to workload, there may be relevant information that has not yet been entered onto the Board's license database. Business Information JAMISON ENGINEERING CONTRACTORS INC 2525 S YALE ST SANTAANA, CA92704 Business Phone Number:(714) 434-9196 Entity Corporation Issue Date 03/12/1999 Expire Date 03/31/2017 License Status Ithis license is current and active. AM information below should be reviewed. Classifications A - GENERAL ENGINEERING CONTRACTOR Bonding Information Contractor's Bond This license filed a Contractor's Bond with WESTERN SURETY COMPANY, bond Number: 58712881 jBond Amount: $12,500 Effective Date: 03/21/2014 iContractor's Bond History Bond of Qualifying Individual The Responsible Managing Officer (RMO) JAMISON DONALD LEE certified that he/she owns 10 percent or more ofthe voting istock/equity of the corporation. A bond of qualifying individual is not required. {Effective Date: 03/12/1999 Workers' Compensation This license has workers compensation insurance with the STATE COMPENSATION INSURANCE FUND jPoIicy Number:9037496 Effective Date: 01/01/2013 ^ ;xpire Date: 01/01/2016 ^**lWorkers' Compensation History ittps://www2.cslb.ca.gov/onlineservices/checklicenseII/LicenseDetail.aspx?LicNum=760355 9/2/201: Califomia Department oflndustrial Relations - Contact DIR Page 1 of 1 Go to Search Home LaborLaw Cal/OSHA-Safety & Health Workers'Comp Self Insurance Apprenticeship Director's Office Boards Public Works Public Works Contractor (PWC) Registration Search This is a listing of current and active PWC registrations pursuant to Division 2, Part 7, Chapter 1 (commencing with section 1720 of the Califomia Labor Code.) Enter at teast one search criteria to display active registered public works contractor(s) matching your selections. Registration Year: iCurrent Fiscal Year: 2016 PWC Registration Number: Contractor Legal Name: License Number: |760355 County: i Select County Contractor Ucense Lookup Search Reset Search Results One registered contractor found. 1 Details Legal Name View JAMISON ENGINEERING CONTRACTORS INC Registration County Number 1000007376 ORANGE Export as: Excel | City Registration Expiration Oate Date SANTAANA 06/16/2015 06/30/2016 V2.20150806c About DIR Who we are DIR Divisions, Boards & Commissions Contact DIR Work with Us Licensing, registrations, certifications & permits Notification of activies Public Records Act Learn AAore Site Map Frequently Asked Questions Jobs at DIR Conditions of Use Privacy Policy Disclaimer Disability accommodation Site Help Copyright © 2015 State of California https://efiling.dir.ca.gov/PWCR/Search.action 9/2/2015 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 surname and character of partner) (Note: Signature must be made by a general partner) (3) Place of Business. City and State (Street and Number) (4) Zip Code ^ Telephone No. (5) E-Mail Revised 3/6/15 Contract No. 5501-2 Page 12 of 91 Pages IF A CORPORATION. SIGN HERE: (1) Name under which business is conducted <J)/giiii5g7<N ^Y^IA/^'AJ CnAfAfAir^^ (2) (Title) (3) Incorporated under the laws of the State of (4) Place of Business Impress Corporate Seal here ^ I A ^ (Street and Number) City and State ^A^-kt HAO. ^ r^l' -*^^'^ (5) Zip Code 92.7n^/ Telephone No. 1i'i)HZ^/'^l<^L> (6) E-Mail yJQvir>i'ac?rtfioj^ ^^f\,CC?m NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED Revised 3/6/15 Contract No. 5501-2 Page 13 of 91 Pages List below names of president, vtee president, secretary and assistant secretary, if a corporation; if a partnership, list names of all general partners, and managing partners: X^*^ S^O«n.sg?A ^^ft/^ Qfl m I go <^ Revised 3/6/15 Contract No. 5501-2 Page 14 of 91 Pages EQUIPMENT/MATERIAL SOURCE INFORMATION (To Accompany Proposal) BUENA INTERCEPTOR SEWER BIOLOGICAL ODOR CONTROL UNIT CONTRACT NO. 5501-2 The bidder shall indicate opposite each item of equipment or matertal listed below, the name of the one supplier and manufacturer of each item or equipment or material proposed to be furnished under the bid. Awarding of a contract under this bid will not imply approval by City or the manufacturers listed by the Bidder. Equipment / Materials Suppiier, Manufacturer & Model # ODOR CONTROL UNIT Revised 3/6/15 Contract No. 5501-2 Page 15 of 91 Pages BID SECURITY FORM (Check to Accompany Bid) BUENA INTERCEPTOR SEWER BIOLOGICAL ODOR CONTROL UNIT CONTRACT NO. 5501-2 (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 of the City provided this proposal shall be accepted by the City through action of its legally constituted contracting authorities and the undersigned shall fail to execute a contract and furnish the required Performance, Warranty and Payment Bonds and proof of insurance coverage within the stipulated time; otherwise, the check shall be returned to the undersigned. The proceeds of this check shall also become the property of the City if the undersigned shall withdraw his or her bid within the period of fifteen (15) days after the date set for the opening thereof, unless othenwise re- quired by law, and notwithstanding the award of the contract to another bidder. BIDDER "Delete the inapplicable word. (NOTE: If the Bidder desires to use a bond instead of check, the Bid Bond form on the following pages shall be executed-the sum of this bond shall be not less than ten percent (10%) of the total amount of the bid.) Revised 3/6/15 Contract No. 5501-2 Page 16 of 91 Pages Bond No. JAMEN-13 BIDDER'S BOND TO ACCOMPANY PROPOSAL BUENA INTERCEPTOR SEWER BIOLOGICAL ODOR CONTROL UNIT CONTRACT NO. 5501-2 KNOW ALL PERSONS BY THESE PRESENTS: That we, : Jamison Engineering Contractors, Inc. ^ PrVlC^i^i, afld Western Surety Company ^ as Surety are held and fliAjly bo^]jd unto the city of Carteb^, Califomia, In an amount as follows: (must he at least ten percent (10%) of the bid amount) Ten percent of Amount Bid for wrfiich payment, w^l and tmly nmiB, we bmi ourselves, our heirs, ex^iitors avKl administrators, suc^ssors or assigns, jantly arni severally, firmly by th^ presents. THE CONDITION OF THE FOREGOING OBUGATION IS SUCH that«the proposal of the above- bounden Prindpal fon BUENA INTERCEPTOR SEWER BIOLOQICAL ODOR CONTROL UNIT CONTRACT NO. 5501-2 in llie City of Carti^d, is accepted by tfie City CouncH, and if the Principal shall duly enter into and execute a Contract Including required boncte aiKl insurance policies witWn twenty (2Q) dmys from the dale Gf award of Contract by the City CouncH olthe City of CaristMid, being duly notified of sakJ award, then this obligation shall become null and void; ottienmse. It shall be and remain in full force and effect, ami the amount qp>ecified herein shall be forfefted to ttie safe! City. Be^^^ ami 5 Contoict No. Sait-2 Page 17 of 91 P^s In the event Principal executed this bond as an individual, it te agreed that the death of Principal shall not excHterate the Sur^ from its obligattens under this bond. Executed by PRINCIPAL this 19th day of August .20 15 PRINCIPAL: Jamison Eng: ractors. Inc. (spxrvsiefyy'"'' y (print name here) (Title and Organization of Signatory) By: (s^fTheri itm\ (print nanw here) (title and orgaitization of sipnatory) 19th Arturo Ayala ctey Execuied by SURETY Ws of Am^.........^........ , 20 15 SURETY: Western Surety Company (name of Surety) P.O. Box 5077, Sioux Falls, SD 57117 (address of Surety) (800)331-6053 (printed name of Attomey-ln-Fact) (Att^rft axporate r^cMkxi ^Ncmir^ oirrent power of attomey.) (Prqser notarial ackrKMled^wt of execution by PRINCIPAL and SURETY musl be attached.) (PresWerrt or ^ncei^r^kient ami secretary or asaisteint secretary musl s^ for axj^retfions. If only one offteer ^ns. the cx)r{x>nEttion must atladi a resolution certified by the secretary or assistant sec- retary urtder corporate seal empowering tfiat oWo&t to l*Kf the corpwatiai.) APPROVED m TO FORM: CEUA A. BREWER City Attomey Assistant City Attomey Rewsed 3/8/1S <^mma No. 5501-2 Page 18 of 91 Pag&s CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity ofthe individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of Orange On 08/19/15 Date } before me, Karen L. Ritto , Notary Public, personally appeared Arturo Ayala Insert Name of Notary exactly as it appears on ttie official seal Name{s) of Signer(s) KAREN L. RITTG : COMM. ;fl965183 J Notary PnhliC'Ciilifoniiii 'i ORANGE COUNTY MyComm. Expires Dec 30.2013 j; Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(x) whose name(s) \stsD& subscribed to the within instrument and acknowledged to me that he/8B©«tKev executed the same in his«S!B4H«r authorized capacity (ies), and that by his/KM^tofr signature(s) on the instrument the person(aO, or the entity upon behalf of which the person(K) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my h; Signature _ Signal I seal. ubiil: Karen L. Ritto OPTfONAL Though the information below is nof required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the fomn to another document Description of Attached Document Title or Type of Document: Bidder's Bond Document Date: 08/19/15 Number of Pages: Two Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Arturo Ayala • Individual • Corporate Officer—Title(s): • Partner • Limited • General 2l Attorney In Fact • Trustee • Guardian or Conservator • other: Signer is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer's Name: • Individual • Corporate Officer —Title(s): • Partner • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • other: Signer is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Bond No. JAMEN-13 Wfetern Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know Ali Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Dwight Reilly, Daniel Huckabay, Arturo Ayala, Andrew Waterbury, Individually of Orange, CA, its tme and lawful Attoraey(s)-in-Fact with fiill power and authority hereby confened to sign, seal and execute for and on its behalf bonds, undertakings and other obUgatoty instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instmments were signed by a duly authorized officer ofthe corporation and all the acts of said Attomey, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attomey is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 16th day of June, 2015. WESTERN SURETY COMPANY aui T. Bmflat, Vice President State of South Dakota County of Miimehaha } On this 16th day of June, 2015, before me personally came Paul T. Bmflat, to me known, who, being by me duly swom, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instnmient; ttiat he knows the seal of said coiporation; that the seal affixed to the said instrument is such coiporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to Uke authority, and acknowledges same to be the act and deed of said coiporation. My commission expires Februaiy 12,2021 8. EICH I 'oXl/\ S. Eich, Notaiy Public CERTIFICATE I, L. Nelson, Assistant Secretaiy of WESTERN SURETY COMPANY do hereby certify that the Power of Attomey hereinabove set forth is still in force, and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 19th day of August 2015 WESTERN SURETY COMPANY / ^""^ L. Nelson, Assistant S FonnF4280-7-2012 t Secretary Authorizing By-Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attomey is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attomey, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attomeys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attomey or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. Company Profile Page 1 of 1 CALIFORNiA OEPARTMENT OF INSURANCE Company Profile Company Search Company Information Old Company Names Agent for Service Reference Information NAIC Group List Lines 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 Inforniation WESTERN SURETY COMPANY 333 S. WABASH AVEMIE CHICAGO, IL 60604 Old Company Names Agent For Service NANCY FLORES C/O CT CORPORATION SYSTEM 818 WEST SEVENTH STREET, SUITE 930 LOS ANGELES CA 90017 Reference Information Effective Date NAIC #: 13188 California Company ID #: 0761-7 Date Authorized in California: 07/29/1930 License Status: UNLIMITED-NORMAL Company Type: Property & Casualty State of Domicile: SOUTH DAKOTA back to top NAIC Group List NAIC Group*: 0218 CNAINS 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. LIABILITY SURETY back to top © 2008 California Department of Insurance https://interactive.web.insurance.ca.gov/companyprofile/companyprofile?eve... 9/2/2015 GUIDE FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTORS" FORM REFERENCES Prior to preparation of the following "Subcontractor Disclosure Form" Bidders are urged to review the definitions in section 1-2 of the General Provisions to this Contract, especially, "Bid", "Bidder", "Contracf, "Contractor", "Contract Price", "Contract Unit Price", "Engineer", "Own Or- ganization", "Subcontractor", and "Work". Bidders are further urged to review sections 2-3 SUBCONTRACTS of the General Provisions. CAUTIONS This form will be used by the Agency to determine the percentage of work that the Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct information may result in rejection of the bid as non-responsive. Any bid that proposes performance of more than 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) of business of subcontractor(s) shall be set forth and included as an integral part of the bid offer. The Designation of Subcontractors fonn must be submitted as a part of the Bidder's sealed bid. Failure to provide complete and correct information mav result in rejection of the bid as non-responsive. Suppliers of materials from sources outside the limits of work are not subcontractors. The value of materials and transport of materials from sources outside the limits of work, as shown on the plans, shall be assigned to the Contractor or the Subcontractor as the case may be, that the Bidder proposes as installer of said materials. The value of material incorporated in any Subcontractor-installed bid item that is supplied by the Bidder shall be included as a part of the work that the Bidder proposes to be performed bythe Subcontractor installing said item. When a Subcontractor has a Carlsbad business license, the number must be entered on the proper form. If the Subcontractor does not have a valid business license, enter "NONE" in the appropriate space. When the Bidder proposes using a Subcontractor to construct or install less than 100 percent of a bid item, the Bidder shall attach an explanation sheet to the Designation of Subcontractor form. The ex- planation sheet shall clearly apprise the City of the specific facts that show the Bidder proposes to perform no less than fifty percent (50%) of the work with its own forces. Revised 3/6/15 Contract No. 5501-2 Page 19 of 91 Pages Determination of the subcontract amounts for purposes of award of the contract shall be determined by the City Council in conformance with the provisions of the contract documents and the various supplemental provisions. The decision of the City Council shall be final. Contractor is prohibited from performing any work on this project with a subcontractor who is ineligible to perform work on a public works project pursuant to Labor Code Sections 1771.1 or 1777.7. Bidders shall make any additional copies of the disclosure forms as may be necessary to provide the required information. The page number and total number of additional form pages shall be entered in the location provided on each type of form so duplicated. Revised 3/6/15 Contract No. 5501-2 Page 20 of 91 Pages DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS (To Accompany Proposal) BUENA INTERCEPTOR SEWER BIOLOGICAL ODOR CONTROL UNIT CONTRACT NO. 5501-2 The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing this bid for the Work and that the listed subcontractors will be used to perform the portions of the Work as designated in this list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contract Code, "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of one-half of one percent (0.5%) of the Bidder's total bid, or in the case of bids or offers for construction of streets and highways, incfuding 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 ITE MS Portion of Work Subcontractor Name and Location of Business Subcontractor's License No. and Classification* Amount of WorkbySub- contn^or in Dollars* 1 Page 1_ of ( pages of this Subcontractor Designation form Pursuant to section 4104 (a)(2)(A) Califomia Public Contract Code, receipt of the infonnation preceded by an asterisk may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the *Notk» Inviting Bids.' Revised 3/6/15 Contract No. 5501-2 Page 21 of 91 Pages Kevin Davis int: to: Subject: Jamison Engineering <jamisoneng@msn.com> Wednesday, September 02, 2015 1:54 PM Kevin Davis Jamison sub DIR Number Kevin, Total fence solutions inc. DIR #1000002545 There are working some issues with ca DIR. DIR instructed them if it needs to be verified the it can be checked with CA DIR over the phone or email. BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) BUENA INTERCEPTOR SEWER BIOLOGICAL ODOR CONTROL UNIT CONTRACT NO. 5501-2 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 jucige 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- tract Type of Work Amount of Con- tract l)rt^^ ir CAITI^^I I Revised 3/6/15 Contract No. 5501-2 Page 22 of 91 Pages BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABIUTY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION (To Accompany Proposal) BUENA INTERCEPTOR SEWER BIOLOGICAL ODOR CONTROL UNIT CONTRACT NO. 5501-2 As a required part of the Bidder's proposal the Bidder must attach either of the following to this page. 1) Certificates of insurance showing conformance with the requirements herein for each of: ^ Comprehensive General Liability /Q Automobile Liability ^ Workers Compensation • Employer's Liability 2) Statement with an insurance earner's notarized signature stating that the carrier can, and upon payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for Comprehensive General Liability, Automobile Liability, Workers Compensation and Employer's Liability in conforniance 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 performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. Revised 3/6/15 Contract No. 5501-2 Page 23 of 91 Pages Client#: 565179 JAMIENGI ACORD™ CERTIFICATE OF LIABIUTY INSURANCE DATE (MM/DD/YYYY) 8/19/2015 THIS CERTIFICATE IS ISSUED AS A IVIATTER 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 «^ELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED EPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. '^'''IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in Ileu of such endorsement(s). PRODUCER HUB Int'l Insurance Serv. Inc. License #0757776 4371 Latham st, ste #101 Riverside, CA 92501 Wl^" GailSchrenk PRODUCER HUB Int'l Insurance Serv. Inc. License #0757776 4371 Latham st, ste #101 Riverside, CA 92501 Mo. Ext): 877 825-2681 (Arc.No): 951 231-2572 PRODUCER HUB Int'l Insurance Serv. Inc. License #0757776 4371 Latham st, ste #101 Riverside, CA 92501 ADDRESS: Cal.CPU@hubInternational.eom PRODUCER HUB Int'l Insurance Serv. Inc. License #0757776 4371 Latham st, ste #101 Riverside, CA 92501 INSURER(S) AFFORDING COVERAGE NAIC# PRODUCER HUB Int'l Insurance Serv. Inc. License #0757776 4371 Latham st, ste #101 Riverside, CA 92501 INSURERA: Landmark American Insurance Com 33138 INSURED Jamison Engineering Contractors, Inc. 2525 S. Yale St. Santa Ana, CA 92704 INSURER B: RSUI Indemnity Company 22314 INSURED Jamison Engineering Contractors, Inc. 2525 S. Yale St. Santa Ana, CA 92704 INSURERC: State Comp Insurance Fund of CA 35076 INSURED Jamison Engineering Contractors, Inc. 2525 S. Yale St. Santa Ana, CA 92704 INSURER D: Wost American Insurance Company 44393 INSURED Jamison Engineering Contractors, Inc. 2525 S. Yale St. Santa Ana, CA 92704 INSURER E: INSURED Jamison Engineering Contractors, Inc. 2525 S. Yale St. Santa Ana, CA 92704 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR VWD POLICY NUMBER POUCY EFF (MM/DD/YYYY) POUCY EXP (MM/DDfyYYY) LIMITS OENERAL LIABIUTY COMMERCIAL GENERAL LIABILITY CLAIMS-MADE LHA138156 D3/21/2015 03/21/2016 EACH OCCURRENCE PREMI IISESTE Ea occurrence) OCCUR MED EXP (Any one pereon) BI/PD Ded: $2,500 PERSONAL & ADV INJURY GENERAL AGGREGATE GEN'L AGGREGATE LIMIT APPLIES PER: LOC PRODUCTS - COMP/OP AGG POLICY Y PRO-^1 jEQT $1,000,000 s50,000 65,000 $1,000,000 $2,000,000 $2,000,000 AUTOMOBILE LIABILITY 1( BAW1656573285 03/21/2015 03/21/2016 COMBINED SINGLE LIMIT (Ea accidentl (1,000,000 ANY AUTO ALL OVVNED AUTOS HIRED AUTOS BODILY INJURY (Per person) SCHEDULED AUTOS NON-OWNED AUTOS BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accidentl B UMBRELLA LIAB EXCESS LIAB DED OCCUR CLAIMS-MADE NHA237541 D3/21/2015 03/21/2016 EACH OCCURRENCE $5.000.000 AGGREGATE $5.000,000 X RETENTION $0 WORKERS COMPENSATION AND EMPLOYERS' UABILITY ANY PROPRIETORfl=ARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below 90374962015 01/01/2015 Y/N Y 01/01/201$ Xi^^ OTH- E.L. EACH ACCIDENT $1.000.000 E.L. DISEASE - EA EMPLOYEE $1.000.000 E L DISEASE - POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACOR0101, Additional Remailts Schedule, If more space Is required) RE: City of Cartsbad - Installation of Odor Control Unit. The City of Carisbad, its officials, employees and volunteers are Additional Insured in regard to the General Liability per attached forms CG2033 04/13 & CG2037 04/13. Primary/Non-Contributory coverage applies per attached form CG2001 04/13. Waiver of Subrogation in regards to the General Liability applies per attached endorsement form RSG14048 10/08. Additional Insured in regards to the Auto Liability policy (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION City of Carisbad 1635 Faraday Avenue Carlsbad, CA 92008 1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Carisbad 1635 Faraday Avenue Carlsbad, CA 92008 1 AUTHORIZED REPRESENTATIVE © 1988-2010 ACORD CORPORATION. Alt rights reserved. ACORD 25 (2010/05) 1 of 2 #83660153/M3413418 The ACORD name and logo are registered marks of ACORD SE43 DESCRIPTIONS (Continued from Page 1) applies per attached endorsement form CA8810 01/13. Waiver of Subrogation applies to Auto Liability policy per attached form CA8810 01/13. Waiver of Subrogation applies to the Worliers Compensation policy per i-^ched form 2572. Per Project Aggregate limit applies per attached form CG2503 11/85. SAGITTA 25.3 (2010/05) 2 of 2 #83660153/M3413418 POLICY NUMBER: LHA138156 COMIVERCIAL GENERAL LIABILITY CG 20 33 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement moidifies insurance provicJed underthe following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II - Who is An Insured is amended to include as an additional insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injur/' 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. However, the insurance afforded to such additional insured; 1. Only applies to the extent permitted by law; and 2. Will not tie broader than that which you are required by the contract or agreement to provide for such additional insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings anci specifications; or b. Supervisory, inspection, engineering activities. architectural or This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others ty that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. CG 20 33 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 2. "Bodily injury" or "property damage" occurring after: a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than sen/ice, 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 b. 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 subcxsntractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement you have entered into with the additional insured; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This erKlorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 © Insurance Sen/ices Office, Inc., 2012 CG 20 33 04 13 POLICY NUMBER: LHA138156 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided underthe following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations ANY PERSON(S) OR ORGANIZATION(S) REQUIRED BY WRITTEN CONTRACT OR AGREEMENT AND AS PER PARAGRAPHS A. AND B. BELOW Information required to complete this Schedule, if not shown above, will 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 in 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 addifional insured and included in the "products-completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such addifional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 37 04 13 • Insurance Services Office, Inc., 2012 Page 1 of 1 Policy Number: LHAI38156 COMMERCIAL GENERAL LIABILITY CG20 01 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided underthe following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrar/: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You tiave agreed in wrifing in a contract or agreement fiiat this insurance would be primary and would not seek contribufion from any other insurance available to ttie additional insured. CG20 01 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 LANDMARK AMERICAN INSURANCE COMPANY This Endorsement Changes The Policy. Please Read It Carefully. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE FORM SCHEDULE Name of Person or Organization: Any Person or Organization As Required By Written Contract The following is added to SECTION IV - CONDITIONS, 8. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US We waive any right of recovery we may have against the person or organization shown in the SCHEDULE above because of payment we make for injury or damage arising out of your ongoing operations, "your product' or "your work" done under a written contract with that person or organization and included in the "product-completed operafions hazard". This waiver applies only to the person or organization shown in the SCHEDULE above. This endorsement effective 3/21 /2015 forms part of Policy Number LHA138156 issued to JAMISON ENGINEERING CONTRACTORS, INC. by Landmark Annerican Insurance Company RSG 14048 1008 Includes copyrighted material of Insurance Services Office, Inc. 1992 with its permission. POLICYNUMBER: BAW1656573285 COMMERCIAL AUTO CASS 10 01 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. COVERAGE INDEX SUBJECT PROVISION NUMBER ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT 3 ACCIDENTAL AIRBAG DEPLOYMENT 12 AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS 19 AMENDED FELLOW EMPLOYEE EXCLUSION 5 AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE 13 BROAD FORM INSURED 1 BODILY INJURY REDEFINED 22 EMPLOYEES AS INSUREDS (including employee hired auto) 2 EXTENDED CANCELLATION CONDITION 23 EXTRA EXPENSE - BROADENED COVERAGE 10 GLASS REPAIR - WAIVER OF DEDUCTIBLE 15 HIRED AUTO PHYSICAL DAMAGE (including employee hired auto and loss of use) 6 HIRED AUTO COVERAGE TERRITORY 20 LOAN / LEASE GAP 14 PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) 16 PERSONAL EFFECTS COVERAGE 11 PHYSICAL DAMAGE - ADDITIONAL TRANSPORTATION EXPENSE COVERAGE 8 RENTAL REIMBURSEMENT 9 SUPPLEMENTARY PAYMENTS 4 TOWING AND LABOR 7 TWO OR MORE DEDUCTIBLES 17 UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS 18 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US 20 SECTION II - LIABILITY COVERAGE is amended as follows: 1. BROAD FORM INSURED SECTION II - LIABILITY COVERAGE, paragraph A.1. - WHO IS AN INSURED is amended to include the following as an insured: d. Any legally incorporated entity of which you own more than 50 percent of the voting stock during the policy period. However, "insured" does not include any organization that: (1) Is a partnership or joint venture; or (2) Is an insured under any other automobile policy; or (3) Has exhausted its Limit of Insurance under any other automobile policy. Paragraph d. (2) of this provision does not apply to a policy written to appiy specifically in excess of this policy. e. Any organization you newly acquire or form, other than a partnership or joint venture, of which you own more than 50 percent of the voting stock. This automatic coverage is afforded oniy for 180 days from the date of acquisition or formation. However, coverage under this provision does not apply: (1) If there is similar insurance or a self-insured retention plan available to that organization; ® 2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Sen/ices Office, inc., with its permission. Page 1 of 7 (2) If the Limits of Insurance of any other insurance policy have been exhausted; or (3) To "bodily injury" or "property damage" that occurred before you acquired or formed the organization. 2. EMPLOYEES AS INSUREDS SECTION II - LIABILITY COVERAGE, paragraph A.1. - WHO IS AN INSURED is amended to include the following as an insured: f. Any "employee" of yours while using a covered "auto" you do not own, hire or borrow, but only for acts within the scope of their employment by you. Insurance provided by this endorse- ment is excess over any other insurance available to any "employee". g. An "employee" of yours while operating an "auto" hired or borrowed under a written contract or agreement in that "employee's" name, with your permission, while performing duties re- lated to the conduct of your business and within the scope of their employment. Insurance provided by this endorsement is excess over any other insurance available to the "employee". 3. ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT SECTION tl - LIABILITY COVERAGE, paragraph A.1. - WHO IS AN INSURED is amended to include the following as an insured: h. Any person or organization with respect to the operation, maintenance or use of a covered "auto", provided that you and such person or organization have agreed in a written contract, agreement, or permit issued to you by governmental or public authority, to add such person, or organization, or governmental or public authority to this policy as an "insured". However, such person or organization is an "insured": (1) Only with respect to the operation, maintenance or use of a covered "auto"; (2) Only for "bodily injury" or "property damage" caused by an "accident" which takes place after you executed the written contract or agreement, or the permit has been issued to you; and (3) Only for the duration of that contract, agreement or permit 4. SUPPLEMENTARY PAYMENTS SECTION II - LIABILITY COVERAGE, Coverage Extensions, 2.a. Supplementary Payments, para- graphs (2) and (4) are replaced by the following: (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the insured at our request, including actual loss of earn- ings up to $500 a day because of time off from work. 5. AMENDED FELLOW EMPLOYEE EXCLUSION In those jurisdictions where, by law, fellow employees are not entitled to the protection afforded to the employer by the workers compensation exclusivity rule, or similar protection, the following provision is added: SECTION II - LIABILITY, exclusion B.5. FELLOW EMPLOYEE does not apply if the "bodily injury" results from the use of a covered "auto" you own or hire. SECTION III - PHYSICAL DAMAGE COVERAGE is amended as follows: 6. HIRED AUTO PHYSICAL DAMAGE Paragraph A.4. Coverage Extensions of SECTION 111 - PHYSICAL DAMAGE COVERAGE, is amended by adding the following: If hired "autos" are covered "autos" for Liability Coverage, and if Comprehensive, Specified Causes of Loss or Collision coverage are provided under the Business Auto Coverage Form for any "auto" you own, then the Physical Damage coverages provided are extended to "autos": a. You hire, rent or borrow; or ® 2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of insurance Services Office, Inc.. with its permission. Page 2 of 7 b. Your "employee" hires or rents under a written contract or agreement in that "employee's" name, but only if the damage occurs while the vehicle is being used in the conduct of your business, subject to the following limit and deductible: A. The most we will pay for "loss" in any one "accident" or "loss" is the smallest of: (1) $50,000; or (2) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality, minus a deductible. B. The deductible wilt be equat to the largest deductible applicable to any owned "auto" for that coverage. C. Subject to the limit, deductible and excess provisions described in this provision, we will provide coverage equal to the broadest coverage applicabte to any covered "auto" you own. D. Subject to a maximum of $1,000 per "accident", we will also cover the actual toss of use of the hired "auto" if it results from an "accident", you are legally liable and the lessor incurs an actual financial loss. E. This coverage extension does not apply to: (1) Any "auto" that is hired, rented or borrowed with a driver; or (2) Any "auto" that is hired, rented or borrowed from your "employee". For the purposes of this provision, SECTION V - DEFINITIONS is amended by adding the fotlowing: "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. 7. TOWING AND LABOR SECTION lit - PHYSICAL DAMAGE COVERAGE, paragraph A.2. Towing, is amended by the addition of the following: We will pay towing and labor costs incurred, up to the limits shown below, each time a covered "auto" classified and rated as a private passenger type, "light truck" or "medium truck" is dis- abled: a. For private passenger type vehicles, we wilt pay up to $50 per disablement. b. For "tight trucks", we wilt pay up to $50 per disablement. "Light trucks" are trucks that have a gross vehicle weight (GVW) of 10,(K)0 pounds or less. c. For "medium trucks" , we will pay up to $150 per disablement. "Medium trucks" are trucks that have a gross vehicle weight (GVW) of 10,001 - 20,000 pounds. However, the labor must be performed at the place of disablement. 8. PHYSICAL DAMAGE - ADDITIONAL TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a., Coverage Extension of SECTION Itl - PHYSICAL DAMAGE COVERAGE, is amend- ed to provide a limit of $50 per day and a maximum limit of $1,5(X) ® 2013 Liberty Mutual Insurance CA 96 10 01 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 7 9. RENTAL REIMBURSEMENT SECTION Ili - PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following: a. We will pay up to $75 per day for rental reimbursement expenses incurred by you for the rental of an "auto" because of "accident" or "loss", to an "auto" for which we also pay a "loss" under Comprehensive, Specified Causes of Loss or Collision Coverages. We witl pay only for those expenses incurred after the first 24 hours following the "accident" or "loss" to the covered "auto." b. Rental Reimbursement wilt be based on the rental of a comparable vehicle, which in many cases may be substantially tess than $75 per day, and wilt only be allowed for the period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days. c. We witl also pay up to $5(K) for reasonable and necessary expenses incurred by you to remove and replace your tools and equipment from the covered "auto". d. This coverage does not apply untess you have a business necessity that other "autos" avail- able for your use and operation cannot fitt. e. If "toss" results from the totat theft of a covered "auto" of the private passenger type, we will pay under this coverage onty that amount of your rental reimbursement expenses which is not already provided under Paragraph 4. Coverage Extension. f. No deductibte applies to this coverage. For the purposes of this endorsement provision, materials and equipment do not include "personal effects" as defined in provision 11. 10. EXTRA EXPENSE-BROADENED COVERAGE Under SECTION Ilt - PHYSICAL DAMAGE COVERAGE, A. COVERAGE, we will pay for the expense of returning a stolen covered "auto" to you. The maximum amount we will pay is $1,000. 11. PERSONAL EFFECTS COVERAGE A. SECTION ttt - PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following: tf you have purchased Comprehensive Coverage on this poticy for an "auto" you own and that "auto" is stolen, we witl pay, without application of a deductibte, up to $G0O for "personal effects" stolen with the "auto." The insurance provided under this provision is excess over any other collectible insurance. B. SECTION V - DEFINITIONS is amended by adding the foHowing: For the purposes of this provision, "personal effects" mean tangible property that is worn or carried by an insured." "Personal effects" does not include tools, equipment, jewelry, money or securities. 12. ACCIDENTAL AIRBAG DEPLOYMENT SECTION III - PHYSICAL DAMAGE COVERAGE. B. EXCLUSIONS is amended by adding the follow- ing: If you have purchased Comprehensive or Collision Coverage under this policy, the exclusion for "loss" relating to mechanical breakdown does not apply to the accidental discharge of an airbag. Any insurance we provide shall be excess over any other collectible insurance or reimbursement by manufacturer's warranty. However, we agree to pay any deductible applicable to the other cov- erage or warranty. 13. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SECTION III - PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS, exception paragraph a. to exclu- sions 4.C. and 4.d. is deleted and replaced with the following: ® 2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 7 Exclusion 4.c. and 4.d. do not apply to: a. Etectronic equipment that receives or transmits audio, visual or data signals, whether or not designed solety for the reproduction of sound, if the equipment is permanently installed in the covered "auto" at the time of the "toss" and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto" and physical damage coverages are provided for the covered "auto"; or If the "loss" occurs solety to audio, visual or data etectronic equipment or accessories used with this equipment, then our obligation to pay for, repair, return or replace damaged or stolen property wili be reduced by a $1(X) deductibte. 14. LOAN / LEASE GAP COVERAGE A. Paragraph C. LIMIT OF INSURANCE of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by adding the following: The most we will pay for a "total loss" to a covered "auto" owned by or leased to you in any one "accident" is the greater of the: 1. Balance due under the terms of the loan or lease to which the damaged covered "auto" is subject at the time of the "loss" tess the amount of: a. Overdue payments and financial penalties associated with those payments as of the date of the "toss", b. Financial penalties imposed under a tease due to high mileage, excessive use or ab- normal wear and tear, c. Costs for extended warranties. Credit Life Insurance. Health, Accident or Disability Insurance purchased with the loan or tease. d. Transfer or rollover balances from previous loans or leases. e. Final payment due under a "Balloon Loan". f. The dollar amount of any unrepaired damage which occurred prior to the "total toss" of a covered "auto", g. Security deposits not refunded by a lessor, h. Atl refunds payable or paid to you as a resutt of the early termination of a lease agreement or as a result of the early termination of any warranty or extended service agreement on a covered "auto", i. Any amount representing taxes, |. Loan or lease termination fees; or 2. The actual cash value of the damage or stolen property as of the time of the "toss". An adjustment fur depreciation and physical condition will be made in determining the actual cash value at the time of the "loss". This adjustment is not applicable in Texas. B. ADDITIONAL CONDITIONS This coverage applies only to the original loan for which the covered "auto" that incurred the loss serves as collateral, or lease written on the covered "auto" that incurred the toss. C. SECTION V - DEFINTIONS is changed by adding the foltowing: As used in this endorsement provision, the foltowing definitions apply: "Totat toss" means a "toss" in which the cost of repairs plus the salvage vaiue exceeds the actual cash value. A "balloon loan" is one with periodic payments that are insufficient to repay the balance over the term ofthe loan, thereby requiring a large final payment. ® 2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Fsgs 5 of 7 15. GUSS REPAIR-WAIVER OF DEDUCTIBLE Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the addition of the foilowing: No deductible applies to glass damage if the glass is repaired rather than replaced. 16. PARKED AUTO COUISION COVERAGE (WAIVER OF DEDUCTIBLE) Paragraph D. Deductible of SECTION Itt - PHYSiCAL DAMAGE COVERAGE is amended by the addition of the foltowing: The deductible does not apply to "toss" caused by collision to such covered "auto" of the private passenger type or light weight truck with a gross vehicle weight of 10.000 Ibs. or tess as defined by the manufacturer as maximum loaded weight the "auto" is designed to carry while it is: a. Inthechargeof an "insured"; b. Legally parked; and c. Unoccupied. The "loss" must be reported to the police authorities within 24 hours of known damage. The total amount of the damage to the covered "auto" must exceed the deductibte shown in the Declarations. This provision does not apply to any "toss" if the covered "auto" is in the charge of any person or organization engaged in tlie automobile business. 17. TWO OR MORE DEDUCTIBLES Under SECTION III PHYSICAL DAMAGE COVERAGE, if two or more company policies or coverage forms apply to the same accident, the following applies to paragraph D. Deductible: a. If the appticabte Business Auto deductibte is the smaller (or smallest) deductibte it wilt be waived; or b. If the applicable Business Auto deductibte is not the smaller (or smallest) deductible it wilt be reduced by the amount ofthe smaller (or smallest) deductibte; or c. tf the loss involves two or more Business Auto coverage forms or policies the smaller (or smallest) deductible witl be waived. For the purpose of this endorsement company means any company that is part of the Liberty Mutual Group. SECTION IV - BUSINESS AUTO CONDITIONS is amended as follows: 18. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV- BUSINESS AUTO CONDITIONS. Paragraph B.2. is amended by adding the following: If you unintentionally fail to disclose any hazards, exposures or material facts existing as of the inception date or renewal date of the Business Auto Coverage Form, the coverage afforded by this policy will not be prejudiced. However, you must report the undisclosed hazard of exposure as soon as practicable after its discovery, and we have the right to collect additional premium for any such hazard or exposure. 19. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT, OR LOSS SECTION IV - BUSINESS AUTO CONDITtONS, paragraph A.2.a. is replaced in its entirety by the foltowing: a. tn the event of "accident", claim, "suit" or "loss", you must promptty notify us when it is known to: 1. You. if you are an individual; 2. A partner, if you are a partnership; 3. Member, if you are a limited liability company; 4. An executive officer or the "employee" designated by the Named Insured to give such notice, if you are a corporation. ® 2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Sen/ices Office, Inc., with its permission. Page 6 of 7 To the extent possibte. notice to us should include: (1) How, when and where the "accident" or "toss" took place; (2) The "insureds" name and address; and (3) The names and addresses of any injured persons and witnesses. 20. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION IV - BUSINESS AUTO CONDITtONS, paragraph A.5.. Transfer of Rights of Recovery Against Others to Us, is amended by the addition of the foltowing: Ifthe person or organization has waived those rights before an "accident" or "loss", our rights are waived also. 21. HIRED AUTO COVERAGE TERRITORY SECTION IV - BUSINESS AUTO CONDITIONS, paragraph B.7., Policy Period, Coverage Territory, is amended by the addition of the foliowing: f. For "autos" hired 30 days or less, the coverage territory Is anywhere in the world, provided that the insured's responsibility to pay for damages is determined in a "suit", on the merits, in the United States, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. This extension of coverage does not apply to an "auto" hired, teased, rented or borrowed with a driver. SECTION V - DEFINITIONS is amended as follows: 22. BODILY INJURY REDEFINED Under SECTION V - DEFINTIONS. definition C. is reptaced by the fotlowing: "Bodily injury" means physical injury, sickness or disease sustained by a person, including mental anguish, mental injury, shock, fright or death resulting from any of these at any time. COMMMON POUCY CONDITIONS 23. EXTENDED CANCELLATION CONDITION COMMON POLICY CONDITIONS, paragraph A. - CANCELLATION condition applies except as fol- lows: If we cancel for any reason other than nonpayment of premium, we will mail to the first Named Insured written notice of cancellation at least 60 days before the effective date of canceltation. This provision does not apply in those states which require more than 60 days prior notice of cancella- tion. ® 2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office, Inc.. with its permission. Page 7 of 7 ENDORSEMENT AGREEMENT STATE ^UND HOME OFFICE SAN FRANCiSCO WAIVER OF SUBROGATION BLANKET BASIS ALL EFFECTIVE DATESARE AT 12:01 AM PACIFIC STANOARO TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME EFFECTIVE JANUARY 1, 2015 AND EXPIRING JANUARY 1, AT 12.01 A.M. 2016 AT 12.01 REP Dl 9037496-15 RENEWAL SP 3-14-33-76 PAGE 1 OF A.M. JAMISON ENGINEERING 2525 S YALE ST SANTA ANA, CA 92704 CONTRACTORS WE HAVE THE RIGHT TO RECOVER OUR PAYMENTS FROM ANYONE LIABLE FOR AN INJURY COVERED BY THIS POLICY. WE WILL NOT ENFORCE OUR RIGHT AGAINST THE PERSON OR ORGANIZATION NAMED IN THE SCHEDULE. THIS AGREEMENT APPLIES ONLY TO THE EXTENT THAT YOU PERFORM WORK UNDER A WRITTEN CONTRACT THAT REQUIRES YOU TO OBTAIN THIS AGREEMENT FROM US. THE ADDITIONAL PREMIUM FOR THIS ENDORSEMENT SHALL BE 2.00% OF THE TOTAL POLICY PREMIUM. SCHEDULE PERSON OR ORGANIZATION JOB DESCRIPTIOH ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER BLANKET WAIVER OF SUBROGATION NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY. ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONOITIONS, AGREEMENTS, OR LIMfrATIONS OF THIS POLICY OTHER THAN AS STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONOITIONS, AGREEMENTS OR LIMITATIONS OF THIS ENDORSEMENT. COUNTERSIGNED AND ISSUED AT SAN FRANCISCO: . DECEMBER 24, 2014 AUTHORIZED REPRESENTATIVE SCIF FORM 10217 (REV.7-201*) PRESIDENT AND CEO 2572 OLD DP 217 POLICY NUMBER: LHA138156 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT-AGGREGATE LIMITS OF INSURANCE (PER PROJECT) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. The General Aggregate Limit under LIMITS OF INSURANCE (SECTION III) applies separately to each of your projects away from premises owned by or rented to you. CG 25 0311 85 Copyright Insurance Services Office, Inc., 1984 Page 1 of 1 BIDDER'S STATEMENT RE DEBARMENT (To Accompariy Proposal) BUENA INTERCEPTOR SEWER BIOLOGICAL ODOR CONTROL UNIT CONTRACT NO. 5501-2 1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another iurisdiction in the State of Califomia? _ x: yes no 2) If yes, what was/were the name(s) of the agency(ies) and what was/were the period(s) of debar- ment(s)? Attach additional copies of this page to accommodate more than two debarments. party debarred party debarred agency agency period of debarment period of debarment BY CONTRACTOR: (^^frliere) «SW^ \ A / < e>^ ^^/^tl 7^ (print name/title) Page I of J pages of this Re Debannent form Revised 3/6/15 Contract No. 5501-2 Page 24 of 91 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) BUENA INTERCEPTOR SEWER BIOLOGICAL ODOR CONTROL UNIT 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 referred to the Registrar, Contractors' State License board. P.O. Box 26000, Sacramento, California 95826. 1) Have you ever had your contractor's license suspended or revoked by the 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 Wori< ever had their con- tractor's license suspended or revoked by the California Contractors* State license Board two or more times within an eight year period? yes no 4) Has the suspension or revocation of the license of any subcontractor's that you propose to perform any pori:ion of the Wori< ^rerjieen 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 fuil disclosure.) Page, i of X pages of this Disclosure of Discipline form Revised 3/6/15 Contract No. 5S01-2 Page 25 of 91 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) BUENA INTERCEPTOR SEWER BIOLOGICAL ODOR CONTROL UNIT CONTRACT NO. 5501-2 6) If the answer to either of 2. or 4. above is yes fully identify, in each and every case, the party who's discipline was stayed, the date of the violation that the disciplinary action pertains to. describe the nature of the violation and the condition (if any) upon which the disciplinary action was stayed. (If needed attach additional sheets to provide fuil disclosure.) BY CONTRACTOR: <^s3fi r^''^b K v^lO\ IA e<^(' Coo/rac/i^f ^ (name^£if3zon9actor) (print name/title) Page of ^ pages of this Disclosure of Discipline form Revised 3/6/15 Contract No. 5501-2 Page 26 of 91 Pages NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 BUENA INTERCEPTOR SEWER BIOLOGICAL ODOR CONTROL UNIT CONTRACT NO. 5501-2 The undersigned declares: I am \he\^£e/^etLicLjsioi c )awu^. ^I'^iaftitlye party making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged infor- mation or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is tme and con'ect and th§it this declaration is executed on ^ix^^^^ , 20 / .6 at f>>»tfe io/^ fcity] JLV? [state]. J Signature of Biddei Revised 3/6/15 Contract No. 5501-2 Page 27 of 91 Pages CONTRACT PUBUC WORKS This agreement is made this. day of. 2015, by and between the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and Jamison Engineering Contractors, Inc., a California corporation whose principal place of business is 2525 South Yale Street, Santa Ana, California, 92704 (hereinafter called "Contractor"). City and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in the Contract documents for: BUENA INTERCEPTOR SEWER BIOLOGICAL ODOR CONTROL UNIT-REBID CONTRACT NO. 5501-2 (hereinafter called "project") 2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, equip- ment, and personnel to perform the work specified by the Contract Documents. 3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids, Contractor's Proposal, Bidder's Bond, Noncollusion Declaration, Designation of Subcontractors, Tech- nical Ability and Experience, Bidder's Statement Re Debarment, Escrow Agreement, Release Form, the Plans and Specifications, the General Provisions, addendum(s) to said Plans and Specifications and General Provisions, and all proper amendments and changes made thereto in accordance with this Contract orthe Plans and Specifications, and ali bonds forthe project; all of which are incorporated herein by this reference. Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as indi- cated, specified, and implied by the Contract Documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the Contractor's expense to fulfill the intent of said documents. In all instances through the life of the Contract, the City will be the interpreter of the intent of the Contract Documents, and the City's decision relative to said intent will be final and binding. Failure ofthe Contractorto apprise subcontractors and materials suppliers of this condition ofthe Contract will not relieve responsibility of compliance. 4. Payment. For all compensation for Contractor's performance of work under this Contract, City shall make payment to the Contractor per section 9-3 PAYMENT of the General Provisions section of this contract. The Engineer will close the estimate of work completed for progress payments on the last working day of each month. The City shall withhold retention as required by Public Contract Code Section 9203. Revised 3/6/15 Contract No. 5501-2 Page 28 of 91 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. Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenches or other excavations that extend deeper than four feet below the surface Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: A. Hazardous Waste. Material that Contractor believes may be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law. B. Differing Conditions. Subsurface or latent physical conditions at the site differing from those indicated. C. Unknown Physical Conditions. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract. City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in contractor's costs of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in this contract. In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the contractor's cost of, or time re- quired for, periformance of any part of the work, contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. 7. Immigration Reform and Control Act. Contractor certifies it is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this Contract. 8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with California Labor Code, section 1773 and a copy of a schedule of said general prevailing wage rates is on file in the office of the City Engineer, and is incorporated by reference herein. Pursuant to Cali- fornia Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor shall post copies of all applicable prevailing wages on the job site. Revised 3/6/15 Contract No. 5501-2 Page 29 of 91 Pages 9. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connec- tion with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those relating to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by the Con- tractor, whether intentional or 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. 10. Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. Said insurance shall meet the City's policy for insurance as stated in City Council Policy # 70. (A) Coverages And Limits Contractor shall maintain the types of coverages and minimum limits indicted herein: a. Commercial General Liability Insurance: $1,000,000 combined single limit per occurrence for bodily injury and property damage. If the policy has an aggregate limit, a separate aggregate in the amounts specified shall be established for the risks for which the City or its agents, officers or 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 ofthe contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. c. Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits as required by the Labor Code of the State of California. Workers' compensation offered by the State Compensation Insurance Fund is acceptable to the City. (B) Additional Provisions: Contractor shall ensure that the policies of insurance required under this agreement with the exception of Workers' Compensation and Business Automobile Liability Insurance contain, or are endorsed to contain, the following provisions. a. The City, its officials, employees and volunteers are to be covered as additional insured as re- spects: liability arising out of activities performed by or on behalf of the Contractor; products and com- pleted operations ofthe contractor; premises owned, leased, hired or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees or volunteers. All additional insured endorsements must be evidenced using separate doc- uments attached to the certificate of insurance; one for each company affording general liability, and employers' liability coverage. ^¥ Revised 3/6/15 Contract No. 5501-2 Page 30 of 91 Pages b. The Contractor's insurance coverage shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, em- ployees or volunteers shall be in excess of the contractor's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees or volunteers. d. Coverage shall state that the contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (C) Notice Of Cancellation. Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage or limits except after ten (10) days' prior written notice has been sent to the City by certified mail, return receipt requested. (D) 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 all of the requirements stated herein. (G) Acceptability Of Insurers. Insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:VII. Insurers must also be authorized to transact the business of 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 policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be in forms approved by the City and are to be received and approved by the City before the Contract is executed by the City. (I) Cost Of Insurance. The Cost of all insurance required under this agreement shall be included in the Contractor's bid. 11. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolved in 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, all 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. ^¥ Revised 3/6/15 Contract No. 5501-2 Page 31 of 91 Pages (A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. (B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution. (C) Government Code. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. (D) Penalty Recovery. Ifthe City of Carisbad 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. I have read and understand all provisions of Section 11 above.y^ 12. Maintenance of Records. Contractor shall maintain and makeavailable at no cost to the City, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 1, Article 2, of the Labor Code. If the Contractor does not maintain the records at Contractor's principal place of business as specified above. Contractor shall so inform the City by certified letter accompanying the return of this Contract. Contractor shall notify the City by certified mail of any change of address of such records. 13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with section 1720 of the Labor Code are incorporated herein by reference. 14. Security. Securities in the form of cash, cashier's check, or certified check may be substituted for any monies withheld by the City to secure performance of this contract for any obligation estab- lished by this contract. Any other security that is mutually agreed to by the Contractor and the City may be substituted for monies withheld to ensure performance under this Contract. Revised 3/6/15 Contract No. 5501-2 Page 32 of 91 Pages 15. Unfair Business Practices. In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 ofthe Clayton Act (15 U.S.C. Sec. 15) or underthe Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the parties. 16. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and in- cluded herein, and if, through mistake or 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. 17. Additional Provisions. Any additional provisions of this agreement are set forth in the "Gen- eral Provisions" or "Supplemental Provisions" attached hereto and made a part hereof. NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED (CORPORATE SEAL) CONTRACTOR:. _ ,^.,«x,,^wc inr Jamison Eng. Contractors, Inc. CITY OF CARLSBAD a municipal corporation of the State of California Bv: K-A-ijly^ Kafhryn B. DodsoiT/ Interim City Manager >tsign here) (print name and title) (sigj^ here) (print name and title) President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under the corporate seal empowering that officer to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER City Attorney By: Assistant City Attorney ^¥ Revised 3/6/15 Contract No. 5501-2 Page 33 of 91 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE §1189 A notary public or ottier 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. me. Here Insert Name and Title of the Officer, On SeptCWlW20 fefore Date ..^ . personally appeared ^ W lt6V^ M^Vie^ A iYHSQVn .I>On^(d \ 0^ .)fA^\%oy\ Name(s) of S/gnerfsj who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) J^/are subscribed to the within instrument and acknowledged to me that he/s/ie/they executed the same in hifi/ner/their authorized capacity(ies), and that by hie/l/er/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ASNLEyC Committion # 2099707 Notary Public • Catifornia Orange County m^y orange coumy jt My Comm. Expires Feb 10.20191 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. CUMUM Signa£ii 3 of Notary Public Place Notary Seai 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 . ...nwr i(~ Title or Type of Document: (pyiftr^CV ?tl)OM^ VNlQ'r|f:lSDocument Date: I^^^*^*^^ Number of Pages: [ Signer(s) Other Than Named Above: gAOC/ Capacity(ies) Claimed by Signer(s) Signer's Name: IJ Corporate Officer — Title(s, • Partner — • Limited • Generd • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: Signer's Name: • Corporate Officer — Title(s): • Partner — • Limited • General ngiividual • Attorney in Fact it^e • Guardian or Conservator • OtT Signer Is Rep? ©2014 National Notary Association • www.NationalNotary.org • 1 -800-US NOTARY (1 -800-876-6827) Item #5907 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 '^r\ DV-g£^v-:> ) On OcM>]atr- qrj^)S Date personally appeared before me, lt¥iCj exTn>J':^ 12iLye.\ /Jc-hiry i^u-b He Here Insert Name and Title of ihe Officer Nam^) of Signerj(ef who proved to me on the basis of satisfactory evidence to be the persornfg)" whose nam^(^ is/ar* subscribed to the within instrument and acknowledged to me that tia^she/tbey executed the same in iH8/her.^tbefr authorized capacit^(ies), and that by4*ie/her/tt*etrsignaturej;;^on the instrument the person]^, or the entity upon behalf of which the person(i^ 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. LETICIA TREVINO REYES i COMM. #1994847 I Notary PuMic - California 1 San Diogo County •* My Cwwm. Bmi>w Oct. 21^ 20U \ WITNESS my hand and official seal. Sianature^,^^^^jV-.^>U O-^AMZD Signature of Notary PiMic Place Notary Seal Above 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: Capacity(ies) Claimed by Signer(s) Signer's Name: Document Date: • Corporate Officer — Title(s): • Partner — • Limited • General • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: Signer's Name: • Corporate Officer — Title(s): • Partner — • Limited • General • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org • 1 -800-US NOTARY (1 -800-876-6827) Item #5907 THE FINAL PREMIUM IS •J^^^^^^JwR.^v^(i3t!!^> Bond No. 58712886 FINAL CONTRACT PRICE LABOR AND MATERIALS BOND WHEREAS, the City Council of the City of Carisbad, State of California, by Resolution No. N/A, adopted N/A, has awarded to Jamison Engineering Contractors, Inc., a California corporation (here- inafter designated as the "Principal"), a Contract for: BUENA INTERCEPTOR SEWER BIOLOGICAL ODOR CONTROL UNIT-REBID CONTRACT NO. 5501-2 in the City of Carisbad, 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 Carisbad 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, JAMISON ENGINEERING CONTRACTORS, INC., a California corpora- tion, as Principal, (hereinafter designated as the "Contractor"), and Western Surety Company as Surety, are held firmly bound unto the City of Carisbad in the sum of ONE HUNDRED FORTY EIGHT THOUSAND TWO HUNDRED Dollars ($148,200), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the contract by the City of Carisbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and admin- istrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with California Civil Code section 9100, or for amounts due under the Unemployment 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 of the contractor and subcontractors pursuant to section 13020 of the 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 of any 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 addition to the terms of the contract or to the work or to the specifications. ¥ Revised 3/6/15 Contract No. 5501-2 Page 34 of 91 Pages «3 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 23rd day of September , 2015 CONTRACTOR: Jamison Engineering . Contracl;jDrSj Inc. , Jamison tng. Contractors, Inc. 0'-- \^^\'=^D /\ (print name here) (title and organization of signatory) By:. e .3 here) (print name here) (title and organization of signatory) 3 Executed by SURETY this. of September 23rd day 20JJ_ SURETY: Western Surety Company (name of Surety) P.O. Box 5077. Sioux Falls. SD 57117 (address of Surety) r80QV3.31-6Q53 urnber of Surety) (signature of Al Arturo Avala ey-in-Fact) (printed name of Attorney-in-Fact) (attach corporate resolution showing current power of attorney) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: CELIA A. BREWER City Attorney By: Assistant City Attorney Revised 3/6/15 Contract No. 5501-2 Page 35 of 91 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity ofthe individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of Orange On 09/23/15 Date } before me, Karen L. Ritto personally appeared Arturo Ayala Insert Name of Notary exactly as it appears on the official seal , Notary Public, Name(s) of Signer(s) If N KAREN i.. Kmc \ r/ MM 'fl JOMS' ' I Notary KiiMic L.MliforHin '-• / ORANGE COUNTV ' My Conun Expires (-'ec 30, 2u I D j' Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(x) whose name(s) is^ace subscribed to the within instrument and aclcnowledged to me that he/8Hei!tK^ executed the same in his/SHOftJf^r authorized capacity (jes), and that by his/KM^fcefr signature(S) on the instrument the person(S!5, or the entity upon behalf of which the person(K) 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 ha Signature seal. Signatufe orNotary P"ttSic Karen L. RlttO OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the fomn to another document Description of Attached Document Title or Type of Document: Labor and Materials Bond Document Date: 09/23/15 Signer(s) Other Than Named Above: Number of Pages: Two Capacity(ies) Claimed by Signer(s) Signer's Name: Arturo Avala • Individual • Corporate Officer —Title{s): • Partner • Limited • General 21 Attorney in Fact n Trustee • Guardian or Conservator • Other: Signer is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer's Name: • Individual • Corporate Officer —Title(s): • Partner • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here 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 0^(K^I^V ) On ^g,'P"^tWV>e<<l^^ before me. Date Here Insert Name and Title of the Officer personally appeared '>(M)\tt^ \A(^\\<ly \(m\^Y^, pnm\(^ UPJ J<^W'^^V> Name(s) of S/gnerfsj who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) i^/are subscribed to the within instrument and acknowledged to me that h^/^e/they executed the same in his/iyer/their authorized capacity(ies), and that by hjfe/l^er/their signature{s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ASHLEY N. WOOO ConifflittiM#20N707 Notary PubNc • CaHtornia m^y Oranga Couniy s My Comm. Expires Feb 10,20191 1 WITNESS my hand and official seal. Signature Signa/TL re of Notary 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 .KjL.inJ -rv/- r Title or Type of Document: \JhU\ 0\M VA(^m]C\h WfU Document Date:l^SepVe/^keY W Number of Pages: ^ | Signer(s) Other Than Named Above: SC-^ A,OC Capacity(ies) Claimed by Signer(s) Signer's Name: • Corporate Officer — Title(sj!~ • Partner — • Limited • General • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: Signer's Name: /• Corporate Officer — Title(s): • Partner — • Limited • General dividual • Attorney in Fact • TrusteS^--....^ • Guardian or Conservator • Other: _ Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org • 1 -800-US NOTARY (1 -800-876-6827) Item #5907 \A/fetern Surety Connpany Bond No. 58712886 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Dwight Reilly, Daniel Huckabay, Arturo Ayala, Andrew Waterbury, Individually of Orange, CA, its tme and lawful Attomey(s)-in-Fact with fiill power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fiilly and to the same extent as if such instruments were signed by a duly authorized officer ofthe corporation and all the acts of said Attomey, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attomey is made and executed piusuant to and by authority ofthe By-Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 1st day of July, 2015. WESTERN SURETY COMPANY aui T. Braflat, Vice President State of South Dakota Coimty of Minnehaha } On this 1st day of July, 2015, before me personally came Paul T. Braflat, to me known, who, being by me duly swom, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrament; that he knows the seal of said corpoiation; that the seal affixed to the said instrament is such coiporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires February 12,2021 { 5. EICH I )HOTARr PUBUC/ SOUTH OAMiOrAV CERTIFICATE S. Eich, Notaiy Public 1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attomey hereinabove set forth is still in force, and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 23rd day of September , 2015 WESTERN SURETY COMPANY / '•-i» L. Nelson, Assistant S Secretary Form F4280-7-2012 Authorizing By-Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attomey is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attomey, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attomeys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attomey or other obligations of the corporation. The signature of any such ofticer and the corporate seal may be printed by facsimile. THE FINAL PREMIUM IS PREDICATED ON THE FWAL CONTRACT PRICE Bond No. 58712886 Premium: $3,223.00 FAITHFUL PERFORMANCE/WARRANTY BOND WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No.N/A, adopted N/A, has awarded to Jamison Engineering Contractors, Inc., (hereinafter designated as the "Principal"), a Contract for: BUENA INTERCEPTOR SEWER BIOLOGICAL ODOR CONTROL UNIT-REBID CONTRACT NO. 5501-2 in the City of Carlsbad, in strict conformity with the contract, the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond for the faithful performance and warranty of said Contract; NOW, THEREFORE, WE, JAMISON ENGINEERING CONTRACTORS, INC., as Principal, (hereinafter designated as the "Contractor"), and , . ~;- -: i • . Western Surety Company as Surety, are held and firmly bound unto the City of Carlsbad, in the sum of ONE HUNDRED FORTY EIGHT THOUSAND TWO HUNDRED Dollars ($148,200), said sum being equal to one hundred percent (100%) of the estimated amount of the Contract, to be paid to City or its certain attorney, its successors and assigns; forwhich payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and sever- ally, 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 agreements 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 Carlsbad, its officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, in- curred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed there under or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. ¥ Revised 3/6/15 Contract No. 5501-2 Page 36 of 91 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 23rd day of September 20 15 . CONTRACTOR: Jamison Engineering Contractors, Inc., Jamison Eng. Contractors, Inc. (nam^^ Contractor) ^^x/^iign here) (print name here) (Title and Organization of Signatory)] ^ ^ (si^ here) 4- Tim (print name here) (Title and Organization of signatory) Q Executed by SURETY this 23rd day of September , 20 15 SURETY: Western Surety Company (name of Surety) P.O. Rox 5077. Sioux Falls. SD 57117 (address of Surety) (800)331-6053 (telephone number of Surety) Arturo Ayala (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 seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: CELIA A. BREWER City Attorney By: Assistant City Attorney •f^ Revised 3/6/15 Contract No. 5501-2 Page 37 of 91 Pages CAUFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity ofthe individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of Orange On 09/23/15 } before me, Karen L. Ritto Date Insert Name of Notary exactly as it appears on the official seal , Notary Public, personally appeared Arturo Ayala Name(s) of Signer(s) KAREN L. RITTO \ COMM. ;{1005iaR Notary i 'Lihlio Ciiitornin ,r :)RANGE COUMTY ..-^""MyComm, Expires Dec 30, 2015 jJ who proved to me on the basis of satisfactory evidence to be the person(x) whose name(5) \sfans subscribed to the within instrument and acknowledged to me that he/8R©!tKe^ executed the same in his*«B!tha4r authorized capacity^), and that by his/K«?thsir signature^) on the instrument the person(s^, or the entity upon behalf of which the person(K) 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. Place Notary Seal Above Witness my hand. Signature _ Signati ial seal. Karen L. Ritto OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment ofthe form to another document Description of Attached Document Title or Type of Document: Faithful Performance/Warranty Bond Document Date: 09/23/15 Number of Pages: Two Signer(s) Other Than Named Above: _ Capacity(ies) Claimed by Signer(s) Arturo Avala Signer's Name: • Individual • Corporate Officer—Title(s): • Partner • Limited • General (ii Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer's Name: • Individual • Corporate Officer —Title(s): • Partner • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here 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 Countv of hr<^y\gc/ ) efore me, Date Here Insert Name and Title of the Officer personally appeared Name(s) of S/gnerfsj •— — • -—— — — J who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) j^/are subasribed to the within instrument and acknowle(doed to me that hfe/^e/they executed the same in hfe/(/ler/their authorized capacity(ies), and that by hi//!;ier/their signatur6(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ASHLEY N. WOOD Coimnission # 2099707 Nolary PUMC-CaWonita OranooOounly ^ WITNESS my hand and official seal. Signature re of Notary Public Place Notary Seal Aboi^'e 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 r\ ..A TI Title or Type of Document: f^lM^I mWm^C^ Ib^^ Document Date: J^^Zl^t^^UCM^J^^'' Number of Pages: ^| Signer(s) Other Than Named Above: <,^.C /^oc Capacity(ies) Claimed by Signer(s) Signer's Name: [ J Corporate Officer — • Partner — • Limited • Generaf • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: Signer's Name: • Corporate Officer — Title(s): artner — • Limited • General • Trustee • Other: Signer Is Representing: • Attorney in Fact Guardian or Conservator ©2014 National Notary Association • www.NationalNotary.org • 1 -800-US NOTARY (1 -800-876-6827) Item #5907 Bond No. 58712886 NAfetern Surety Company POWER OF ATTORNEY APPOEVTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Dwight Reilly, Daniel Huckabay, Arturo Ayala, Andrew Waterbury, Individually of Orange, OA, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attomey, pursuant to the authority hereby given, are hereby ratified and confinned. This Power ofAttomey is made and executed pursuant to and by authority ofthe By-Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the coiporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 16th day of June, 2015. WESTERN SURETY COMPANY 'Z. 'aui T. Bmflat, Vice President Stateof South Dakota Coimty of Minnehaha } On this 16th day of Jime, 2015, before me personally came Paul T. Bmflat, to me known, who, being by me duly swom, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his lume thereto puisuant to like authority, and acknowledges same to be the act and deed of said coiporation. My commission expires ••.•.•.%M»WK.*«H>«»I.<«*%«,HW.I. « } S EICH I f\ S. Eich, Notaiy Public CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attomey hereinabove set forth is still in force, and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscnbed my name and afBxed the seal of the said corporation this 23rd day of September , 201 5 WESTERN SURETY COMPANY L Nelson, Assistant Secretary Form F4280-7-2012 / ^x-' L. Nelson, Assistant S( Authorizing By-Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attomey is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attomey, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attomeys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings. Powers of Attomey or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. 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 BUENA INTERCEPTOR SEWER BIOLOGICAL ODOR CONTROL UNIT CONTRACT NO. 5501-2 in the amount of dated (hereinafter referred to as the "Contract"). Alternatively, on written request of the Contractor, the City shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the City within 10 days of the deposit. The Escrow Agent shall maintain insurance to cover negligent acts and omissions of the Escrow Agent in connection with the handling of retentions under these sections in an amount not less than $100,000 per contract. The market value of the securities at the time of the substitution shall be a least equal to the cash amount then required to be withheld as retention under the terms of the contract between the City and Contractor. Securities shall be held in the name of the City and shall designate the 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 of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the City pays the Escrow Agent directly. 4. The Contractor shall be responsible for paying all fees for the expenses incurred by the Escrow Agent in administering the Escrow Account and all expenses of the City. These expenses and payment terms shall be determined by the City, Contractor and Escrow Agent. 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the City. Revised 3/6/15 Contract No. 5501-2 Page 38 of 91 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 distribute the cash as instructed by the City. 8. Upon receipt of written notification from the City certifying that the Contract is final and complete and that the Contractor has complied with all requirements and procedures applicable to the Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. 9. The Escrow Agent shall rely on the written notifications from the City and the Contractor pursuant to sections (1) to (8), inclusive, of this agreement and the City and Contractor shall hold Escrow Agent harmless from Escrow Agent's release, conversion and disbursement of the securities and interest as set forth above. 10. The names of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: For City: Title Name FINANCE DIRECTOR Signature. For Contractor: Address 1635 Faradav Avenue. Carlsbad. CA 92008 Title For Escrow Agent: Name Signature Address _ Title Name Signature Address At the time the Escrow Account Is opened, the City and Contractor shall deliver to the Escrow Agent C a fully executed counterpart of this Agreement. • Revised 3/6/15 Contract No. 5501-2 Page 39 of 91 Pages V. 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 Villaae Drive. Carlsbad. CA 92008 For Contractor: Title Name Signature Address For Escrow Agent: Title Name Signature Address Revised 3/6/15 Contract No. 5501-2 Page 40 of 91 Pages GENERAL PROVISIONS FOR BUENA INTERCEPTOR SEWER BIOLOGICAL ODOR CONTROL UNIT CONTRACT NO. 5501-2 BIDDERS ARE ADVISED THAT THIS SECTION REPLACES PART 1, GENERAL PROVISIONS, OF THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION SECTION 1 -- TERMS, DEFINITIONS, ABBREVIATIONS, AND SYMBOLS 1-1 TERMS - Unless othenwise stated, the words directed, required, permitted, ordered, 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 othenwise. 1-1.2 Directions. Where words "directed", "designated", "selected", or words of similar import are used, it shall be understood that the direction, designation or selection of the Engineer is intended, unless stated othenwise. The word "required" and words of similar import shall be un- derstood to mean "as required to properly complete the work as required and as approved by the Engineer," unless stated othenwise. 1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "equivalent", and such words of similar import are used, it shall be understood such words are followed by the expression "in the opinion of the Engineer", unless othenwise stated. Where the words "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 Perform. The word "perform" shall be understood to mean that the Contractor, at its ex- pense, shall perform all operations, labor, tools and equipment, and further, including the furnish- ing and installing of materials that are indicated, specified or required to mean thatthe Contractor, at its expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools, equipment, and transportation. Revised 11 /24/10 Contract No. 5501-2 Page 41 of 91 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 Carisbad, California. Agreement - See Contract. Assessment Act Contract - A Contract financed by special assessments authorized under a State Act or procedural ordinance of a City or County. Base - A layer of specified material of planned thickness placed immediately below the pavement or surfacing. Bid - The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices for the Work. Bidder - Any individual, firm, partnership, corporation, or combination thereof, submitting a Bid for the Work, acting directly or through a duly authorized representative. Board - The officer or body constituting the awarding authority of the Agency, which is the City Council for the City of Carisbad or the Board of Directors of Carisbad Municipal Water District. Bond - Bid, perfomiance, and payment bond or other instrument of security. City Council - the City Council of the City of Carlsbad. City Manager - the City Manager of the City of Carlsbad or his/her approved representative. Cash Contract - A Contract financed by means other than special assessments. Change Order - A written order to the Contractor signed by the Agency directing an addition, deletion, or revision in the Work, or an adjustment in the Contract Price orthe Contract time issued after the effective date of the Contract. A Change Order may or may not also be signed by the Contractor. Code - The terms Government Code, Labor Code, etc., refer to codes of the State of California. Construction Manager- the Project Inspector's immediate supen/isor and first level of appeal for informal dispute resolution. Contract - The written agreement between the Agency and the Contractor covering the Work. Revised 11 /24/10 Contract No. 5501-2 Page 42 of 91 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 documen- tation accompanying the Bid and any post-bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Contract, the Bonds, the General Provisions, permits from other agencies, the Technical Specifications, the Supplemental Provisions, the Plans, Stand- ard Plans, Standard Specifications, Reference Specifications, and all Modifications issued after the execution of the Contract. Contractor - The individual, partnership, corporation, joint venture, or other legal entity having a Contract with the Agency to perform the Work. In the case of work being done under permit issued by the Agency, the permittee shall be constructed to be the Contractor. The term "prime contrac- tor" shall mean Contractor. Contract Price - The total amount of money for which the Contract is awarded. Contract Unit Price - The amount stated in the Bid for a single unit of an item of work. County Sealer - The Sealer of Weights and Measures of the county in which the Contract is let. Days - Days shall mean consecutive calendar's days unless otherwise specified. Deputy City Engineer, Construction Management & Inspection - The Construction Manager's immediate supervisor and second level of appeal for informal dispute resolution. Dispute Board - Persons designated by the City Manager of the City of Carisbad or Executive Manager of the Carlsbad Municipal Water District, to hear and advise the City Manager on claims submitted by the Contractor. The City Manager for the City of Carisbad or the Executive Manager for the Carisbad Municipal Water District is the last appeal level for informal dispute resolution. Electrolier - Street light assembly complete, including foundation, standard, luminaire arm, lumi- naire, etc. Engineer - The City Engineer of the City of Carisbad or his/her approved representative. The Engineer is the third level of appeal for informal dispute resolution. Geotextile - Synthetic fiber used in civil engineering applications, serving the primary functions of separation and filtration. House Connection Sewer - A sewer, within a public street or right-of-way, proposed to connect any parcel, lot, or part of a lot with a mainline sewer. House Sewer - A sewer, wholly within private property, proposed to connect any building to a house connection sewer. Luminaire - The lamp housing including the optical and socket assemblies (and ballast if so specified). Luminaire Arm - The structural member, bracket, or mast arm, which, mounted on the standard, supports the luminaire. Minor Bid Item - A single contract item constituting less than 10 percent (10%) of the original Contract Price bid. Revised 11 /24/10 Contract No. 5501-2 Page 43 of 91 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 equipment with an operator is not part of the Contractor's Own Organization and will not be included for the purpose of compliance with Section 2-3.1. Person - Any individual, firm, association, partnership, corporation, trust, joint venture, or other legal entity. Plans - The drawings, profiles, cross sections, working drawings, and supplemental drawings, or reproductions thereof, approved by the Engineer, which show the location, character, dimensions, or details of the Work. Private Contract - Work subject to Agency inspection, control, and approval, involving private funds, not administered by the Agency. Project Inspector - The Engineer's designated representative for inspection, contract admin- istration and first level for infonnal dispute resolution. Proposal - See Bid. Reference Specifications - Those bulletins, standards, rules, methods of analysis or test, codes, and specifications of other agencies, engineering societies, or industrial associations referred to in the Contract Documents. These referto the latest edition, including amendments in effect and published at the time of advertising the project or issuing the pemnit, unless specifically referred to by edition, volume, or date. Roadway - The portion of a street resen/ed for vehicular use. Service Connection - Service connections are all or any portion of the conduit, cable, or duct, including meter, between a utility distribution line and an individual consumer. Sewer - Any conduit intended for the reception and transfer of sewage and fluid industrial waste. Specifications - General Provisions, Standard Specifications, Technical Specifications, Refer- ence Specifications, Supplemental Provisions, and specifications in Supplemental Agreements between the Contractor and the Board. Standard - The shaft or pole used to support street lighting luminaire, traffic signal heads, mast arms, etc. ^^^|k Revised 11 /24/10 Contract No. 5501-2 Page 44 of 91 Standard Plans - Details of standard structures, devices, or instructions referred to on the Plans or in Specifications by title or number. Standard Specifications - The Standard Specifications for Public Works Construction (SSPWC), the "Greenbook". State - State of California. Storm Drain - Any conduit and appurtenances intended for the reception and transfer of storm water. Street - Any road, highway, parkway, freeway, alley, walk, or way. Subbase - A layer of specified material of planned thickness between a base and the subgrade. Subcontractor - An individual, firm, or corporation having a direct contract with the Contractor or with any other Subcontractor for the performance of a part of the Work. Subgrade - For roadways, that portion of the roadbed on which pavement, surfacing, base, sub- base, or a layer of other material is placed. For structures, the soil prepared to support a structure. Supervision - Supen/ision, where used to indicate supen/ision by the Engineer, shall mean the performance of obligations, and the exercise of rights, specifically imposed upon and granted to the Agency in becoming a party to the Contract. Except as specifically stated herein, supen/ision by the Agency shall not mean active and direct superintendence of details of the Work. Supplemental Agreement - A written amendment of the Contract Documents signed by both parties. Supplemental Provisions - Additions and revisions to the Standard Specifications setting forth conditions and requirements peculiar to the work. Surety - Any individual, firm, or corporation, bound with and for the Contractor for the acceptable performance, execution, and completion of the Work, and for the satisfaction of all obligations incurred. Tonne - Also referred to as "metric ton". Represents a unit of measure in the Intemational System of Units equal to 1,000 kilograms. Utility - Tracks, overhead or underground wires, pipeline, conduits, ducts, or structures, sewers, or storm drains owned, operated, or maintained in or across a public right of way or private ease- ment. Work - That which is proposed to be constructed or done under the Contract or permit, including the furnishing of all labor, materials, equipment, and services. Revised 11/24/10 Contract No. 5501-2 Page 45 of 91 1-3 ABBREVIATIONS 1-3.1 General. The abbreviation herein, together with others in general use, are applicable to these Standard Specifications and to project Plans or other Contract Documents. All abbreviations and symbols used on Plans for structural steel construction shall conform to those given by the "Manual of Steel Construction" published by the American Institute of Steel Construction, Inc. 1-3.2 Common Usage Abbreviation Word or Words ABAN Abandon ABAND Abandoned ABS Acrylonitrile - butadiene - styrene AC Asphalt Concrete ACP Asbestos cement pipe ACWS Asphalt concrete wearing surface ALT Alternate APTS Apartment and Apartments AMER STD American Standard AWG American Wire Gage (nonferrous wire) BC Beginning of curve BCR Beginning of curb return BDRY Boundary BF Bottom of footing BLDG Building and Buildings BM Bench mark BVC Beginning of vertical cun/e B/W Back of wall C/C Center to center CAB Crushed aggregate base CAL70SHA California Occupational Safety and Health Administration CalTrans California Department of Transportation CAP Corrugated aluminum pipe CB Catch Basin Cb Curb CBP Catch Basin Connection Pipe CBR California Bearing Ratio CCR California Code of Regulations CCTV Closed Circuit TV CES Carlsbad Engineering Standards CF Curb face CF Cubic foot C&G Curb and gutter CFR Code of Federal Regulations CFS Cubic Feet per Second CIP Cast iron pipe CIPP Cast-in place pipe CL Clearance, center line CLF Chain link fence CMB Crushed miscellaneous base CMC Cement mortar-coated CML Cement mortar-lined CMWD Carlsbad Municipal Water District CO Cleanout (Sewer) COL Column COMM Commercial CONC Concrete CONN Connection CONST Constmct, 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 Drain Tile DWG Drawing DWY Driveway DWY APPR Driveway approach E Electric 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 FAB Fabricate FAS Flashing arrow sign FD Floor drain FDN Foundation V Revised 11/24/10 Contract No. 5501-2 Page 46 of 91 FED SPEC Federal Specification FG Finished grade FH Fire hydrant FL Flow line FS Finished surface FT-LB Foot-pound FTG Footing FW Face of wall G Gas GA Gauge GAL Gallon and Gallons GALV Galvanized GAR Garage and Garages GIP Galvanized iron pipe GL Ground line or grade line GM Gas meter GNV Ground Not Visible GP Guy pole GPM gallons per minute GR Grade GRTG Grating GSP Galvanized steel pipe H High or height HB Hose bib HC House connection HDWL Headwall HGL Hydraulic grade line HORIZ Horizontal HP Horsepower HPG High pressure gas HPS High pressure sodium (Light) HYDR Hydraulic IE Invert Elevation ID Inside diameter INCL Including INSP Inspection INV Invert IP Iron pipe JC Junction chamber JCT Junction JS Junction structure JT Joint L Length LAB Laboratory LAT Lateral LB Pound LD Local depression LF Linear foot LH Lamp hole LL Live load LOL Layout line LONG Longitudinal LP Lamp post LPS Low pressure sodium (Light) LS Lump sum LTS Lime treated soil LWD Leucadia Wastewater District MAINT Maintenance MAX Maximum MCR Middle of curia return MEAS Measure MH Manhole, maintenance hole MIL SPEC Military specification MISC Miscellaneous MOD Modified, modify MON Monument MSL..Mean Sea Level (Reg. Standard Drawing M-12) MTBM Microtunneling Boring Machine MULT Multiple MUTCD Manual on Uniform Traffic Control Devices MVL Mercury vapor light NCTD North County Transit District NRCP Nonreinforced concrete pipe OBS Obsolete OC On center OD Outside diameter OE Outer edge OHE Overhead Electric OMWD Olivenhain Municipal Water District OPP Opposite ORIG Original PB Pull box PC Point of curvature PCC Portland cement concrete or point of compound curvature PCVC Point of compound vertical curve PE Polyethylene PI Point of intersection PL Property line PMB Processed miscellaneous base POC Point on curve POT Point on tangent PP Power pole PRC Point of reverse curve PRVC Point of reverse vertical curve PSl 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 S Sewer or Slope, as applicable SCCP Steel cylinder concrete pipe SD Storm drain SDNR San Diego Northern Railway SDR Standard thermoplastic pipe dimension ratio (ratio of pipe O.D. to minimum wall thickness) SDRSD San Diego Regional Standard Drawings Revised 11/24/10 Contract No. 5501-2 Page 47 of 91 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 STR GR Straight grade STRUC Stoictural/Stmcture SW Sidewalk SWD Sidewalk drain SY Square yard T Telephone TAN Tangent TC Topof curtD TEL Telephone TF Top of footing TOPO Topography TR Tract TRANS Transition TS Traffic signal or transition structure TSC Traffic signal conduit TSS Traffic signal standard TW Top of wall TYP Typical UE Underground Electric USA Underground Service Alert VAR Varies, Variable VB Valve box VC Vertical curve VCP Vitrified clay pipe VERT Vertical VOL Volume VWD Vallecitos Water District W Water, Wider or Width, as applicable WATCH Work Area Traffic Control Handbook Wl Wrought iron WM Water meter WPJ Weakened plane joint XCONN Cross connection XSEC Cross section 1-3.3 Institutions. Abbreviation Word or Words AASHTO American Association of State Highway and Transportation Officials AISC American Institute of Steel Construction ANSI American National Standards Institute API American Petroleum Institute AREA American Railway Engineering Association ASTM American Society for Testing and Materials AWPA American Wood 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 11/24/10 Contract No. 5501-2 Page 48 of 91 1-4 UNiTS OF MEASURE. 1-4.1 General. U.S. Standard Measures, also called U.S. Customary System, are the principal measurement system in these specifications. However, certain material specifications and test re- quirements contained herein use SI units specifically and 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 iJnit fAbbreviatfoniT f Abbreviations) 1 mil (=0.001 in) 25.4 micrometer (^m) 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 (mij 1.6093 kilometer (km) 1 square foot (ft^) 0.0929 square meter (m 1 square yard (yd^) 0.8361 square meter (m' 1 cubic foot (ft3) 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 (fl. oz.) 29.5735 millileter (mL) 1 pound mass (Ib) (avoirdupois) 0.4536 kilogram (kg) 1 ounce mass (oz) 0.02835 kilogram (kg) 1 Ton (=2000 Ib avoirdupois) 0.9072 Tonne (= 907 kg) 1 Poise 0.1 pascal second (Pa s) 1 centistoke (cs) 1 square millimeters per second (mm^/s) 1 pound force (Ibf) 4.4482 Newton (N) 1 pounds per square inch (psi) 6.8948 Kilopascal (kPa) 1 pound force per foot (Ibf/ft) 1.4594 Newton per meter (N/m) 1 foot-pound force (ft-lbf) 1.3558 Joules (J) 1 foot-pound force per second ([ft-lbf]/s) 1.3558 Watt (W) 1 part per million (ppm) 1 milligram/liter (mg/L) Temperature Units and Abbreviations Degree Fahrenheit (°F): Degree Celsius (°C): °F = (1.8 X °C) + 32 °C = (°F - 32)/1.8 SI Units (abbreviation) Commonly Used in Both Systems 1 Ampere (A) 1 Volt (V) 1 Candela (cd) 1 Lumen (Im) 1 second (s) Revised 11 /24/10 Contract No. 5501-2 Page 49 of 91 kilo (k) centi (c)... milli (m)... micro (|x). nano (n).. pico (p)... Common Metric Prefixes 103 10-2 10-3 10-6 10-9 10-12 1-5 SYMBOLS A Z % 1 / 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 Centeriine Survey line or station line Revised 11/?4/10 Contract No. 5501-2 Pane nf 01 SECTION 2 - SCOPE AND CONTROL OF WORK 2-1 AWARD AND EXECUTION OF CONTRACT. Award and execution of Contract will be as pro- vided for in the Specifications, Instruction to Bidders, or Notice Inviting Bids. 2-2 ASSIGNMENT. No Contract or portion thereof may be assigned without consent of the Board, except that the Contractor may assign money due or which will accrue to it under the Contract. If given written notice, such assignment will be recognized by the Board to the extent permitted by law. Any assignment of money shall be subject to all proper withholdings in favor of the Agency and to all deductions provided for in the Contract. All money withheld, whether assigned or not, shall be subject to being used by the Agency for completion of the Work, should the Contractor be in default. 2-3 SUBCONTRACTS. 2-3.1 General. Each Bidder shall comply with the Chapter of the Public Contract Code including Sections 4100 through 4113. The following excerpts or summaries of some of the requirements of this Chapter are included below for information: The Bidder shall set forth in the Bid, as provided in 4104: "(a) The name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvements, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of 1 percent of the prime contractor's total bid, or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the prime contractor's total bid or ten thousand dollars ($10,000), whichever is greater." "(b) The portion of the work which will be done by each such subcontractor under this act. The prime contractor shall list only one subcontractor for each such portion as is defined by the prime contractor in his bid." If the Contractor fails to specify a Subcontractor, or specifies more than one Subcontractor for the same portion of the work to be performed under the Contract (in excess of one-half of 1 percent of the Contractor's total Bid), the Contractor shall be qualified to perform that portion itself, and shall perform that portion itself, except as othenwise provided in the Code. As provided in Section 4107, no Contractor whose Bid is accepted shall substitute any person as Subcontractor in place of the Subcontractor listed in the original Bid, except for causes and by proce- dures established in Section 4107.5. This section provides procedures to correct a clerical error in the listing of a Subcontractor. Revised 11/24/10 Contract No. 5501-2 Page 51 of 91 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 organization. The Board shall be the sole body for determination of a violation of these provisions. In any proceedings under this section, the prime contractor shall be entitled to a public hearing before the Board and shall be notified ten (10) days in advance of the time and location of said hearing. The detemiination 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 Contractor with its own organization. "Specialty Items" will be identified by the Agency in the Bid or Proposal. Where an entire item is sub- contracted, the value of work subcontracted will be based on the Contract Unit Price. When a portion of an item is subcontracted, the value of work subcontracted will be based on the estimated percent- age of the Contract Unit Price. This will be determined from information submitted by the Contractor, and subject to approval by the Engineer. Before the work of any Subcontractor is started, the Contractor shall submit to the Engineer for ap- proval a written statement showing the work to be subcontracted giving the name and business of each Subcontractor and description and value of each portion of the work to be so subcontracted. 2-3.3 Status of Subcontractors. Subcontractors shall be considered employees of the Contractor, and the Contractor shall be responsible for their work. 2-4 CONTRACT BONDS. Before execution of the Contract, the Bidder shall file surety bonds with the Agency to be approved by the Board in the amounts and for the purposes noted below. Bonds issued by a surety, who is authorized to issue bonds in California, and whose bonding limitation shown in said circular is sufficient to provide bonds in the amount required by the Contract shall be deemed to be approved unless specifically rejected by the Agency. Bonds from all other sureties shall be ac- companied by all of the documents enumerated in Code of Civil Procedure 995.660 (a). The Bidder shall pay all bond premiums, costs, and incidentals. Each bond shall incorporate, by reference, the Contract and be signed by both the Bidder and Surety and the signature of the authorized agent of the Surety shall be notarized. Both bonds shall extend in full force and effect and be retained by the Agency during this project until they are released according to the provisions of this section. The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 days after recordation of the Notice of Completion and will remain in full force and effect for the one year warranty period and until all warranty repairs are completed to the satisfaction of the Engineer. The bonds to secure payment of laborers and materials suppliers shall be released six months plus 30-^ ^ days after recordation of the Notice of Completion if all claims have been paid. Revised 11/24/10 Contract No. 5501-2 Page 52 of 91 V All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the following documents: 1) An original, or a certified copy, of the un-revoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of the insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the execution of the bond. The financial statement shall be made by an officer's certificate as defined in Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may be verified by the oath of the principal officer or manager residing within the United States. Should any bond become insufficient, the Contractor shall renew the bond within 10 days after receiv- ing notice from the Agency. Should any Surety at any time be unsatisfactory to the Board, notice will be given the Contractor to that effect. No further payments shall be deemed due or will be made under the contract until a new Surety shall qualify and be accepted by the Board. Changes in the Work or extensions of time, made pursuant to the Contract, shall in no way release the Contractor or Surety from its obligations. Notice of such changes or extensions shall be waived by the Surety. 2-5 PLANS AND SPECIFICATIONS. 2-5.1 General. The Contractor shall keep at the Work site a copy of the Plans and Specifications, to which the Engineer shall have access at all times. The specifications for the work include the General Provisions, project technical specifications, Caris- bad 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 bythe "Greenbook" Committee of Public Works Standards, Inc., hereinafter designated "SSPWC", as amended. The construction plans consist of one drawing set designated ad City of Carisbad Drawing Number DWG 487-4 comprised of three sheets. The standard drawings used for this project are the latest edition of the San Diego Area Regional Standard Drawings, hereinafter designated SDRSD, as issued by the San Diego County Department of Public Works, together with the most recent editions of the City of Carisbad Engineering Standards and Carlsbad Standard Drawings, as issued by the City of Carisbad and the Carlsbad Municipal Water District, hereinafter designated as CES and CSD, respec- tively. Copies of some of the pertinent standard drawings are enclosed as an appendix to these Gen- eral Provisions. The Plans, Specifications, and other Contract Documents shall govern the Work. The Contract Docu- ments are' intended to be complementary and cooperative. Anything specified in the Specifications and not shown on the Plans, or shown on the Plans and not specified in the Specifications, shall be as though shown on or specified in both. The Plans shall be supplemented by such working drawings and shop drawings as are necessary to adequately control the Work. The Contractor shall ascertain the existence of any conditions affecting the cost of the Work through a reasonable examination of the Work site prior to submitting the Bid. Revised 11 /24/10 Contract No. 5501-2 Page 53 of 91 Existing improvements visible at the Work site, for which no specific disposition is made on the Plans, but which interfere with the completion of the Work, shall be removed and disposed of by the Contrac- tor. The Contractor shall, upon discovering any error or omission in the Plans or Specifications, immedi- ately 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 2 3 4 5 6 7 8 Permits from other agencies as may be required by law. Change orders, whichever occurs last. Contract addenda, whichever occurs last. Contract Carisbad General Provisions, Technical Specifications. Plans. Standards plans. a) City of Carlsbad Standard Drawings. b) Carisbad Municipal Water District Standard Drawings. c) City of Carlsbad modifications to the San Diego Area Regional Standard Drawings. d) San Diego Area Regional Standard Drawings. e) Traffic Signal Design Guidelines and Standards. /mtk. f) State of California Department of Transportation Standard Plans. -..^ g) State of California Department of Transportation Standard Specifications. h) California Manual on Unifonn Traffic Control Devices (CA MUTCD). 9) Standard Specifications for Public Works Construction, as amended. 10) Reference Specifications. 11) Manufacturer's Installation Recommendations Detail drawings shall take precedence over general drawings. Change Orders, Supplemental Agreements and approved revisions to Plans and Specifications will take precedence over items 2) through 9) above. Detailed plans and plan views shall have precedence over general plans. 2-5.3 Submittals. 2-5.3.1 General. Submittals shall be provided, at the Contractor's expense, as required in 2-5.3.2, 2- 5.3.3 and 2-5.3.4, when required by the Plans or Special Provisions, or when requested by the Engi- neer. Materials shall neither be furnished nor fabricated, nor shall any work for which submittals are required by performed, before the required submittals have been reviewed and accepted by the Engineer. Neither review nor acceptance of submittals by the Engineer shall relieve the Contractor from respon- sibility for errors, omissions, or deviations from the Contract Documents, unless such deviations were specifically called to the attention of the Engineer in the letter of transmittal. The Contractor shall be responsible for the correctness of the submittals. V Revised 11 /24/10 Contract No. 5501-2 Paoe 54 of 91 The Contractor shall allow a minimum of 20 working days for review of submittals unless othenwise specified in the Special Provisions. Each submittal shall be accompanied by a letter of transmittal. Each submittal shall be consecutively numbered. Resubmittals shall be labeled with the number of the original submittal followed by an ascending alphabetical designation (e.g. The label '4-C' would indi- cate 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 ac- companied by a letter of transmittal on the Contractor's letterhead. The Letter of Transmittal shall contain the following: 1) Project title and Agency contract number. 2) Number of complete sets. 3) Contractor's certification statement. 4) Specification section number(s) pertaining to material submitted for review. 5) Submittal number (Submittal numbers shall be consecutive including subsequent submittals for the same materials.) 6) Description of the contents of the submittal. 7) Identification of deviations from the contract documents. When submitted for the Engineer's review. Shop Drawings shall bear the Contractor's certification that the Contractor has reviewed, checked, and approved the Shop Drawings and that they are in con- fonnance with the requirements of the Contract Documents. The Contractor shall subscribe to and shall place the following certification on all submittals: "I hereby certify that the (equipment, material) shown and marked in this submittal is that proposed to be incorporated into this Project, is in compliance with the Contract Documents, can be installed in the allocated spaces, and is submitted for approval." By: V<?^VV->( "3"o^v^^^c v- Title: S^'^y '^'^tV'^^ Date: Jamison Eng. Contractors, Inc. Company Name: z 2-5.3.2 Working Drawings. Working drawings are drawings showing details not shown on the Plans which are required to be designed by the Contractor. Working drawings shall be of a size and scale to cleariy show all necessary details. 2-5.3.3 Shop Drawings. Shop drawings are drawings showing details of manufactured or assembled products proposed to be incorporated into the Work. Shop drawings required shall be as specified in the Special Provisions. 2-5.3.4 Supporting Information. Supporting information is information required by the Specifications for the purposes of administration of the Contract, analysis for verification of conformance with the Specifications, the operation and maintenance of a manufactured product or system to be constructed as part of the Work, and other information as may be required by the Engineer. Six copies of the supporting infonnation shall be submitted to the Engineer prior to the start of the Work unless other- wise specified in the Special Provisions or directed by the Engineer. Supporting information for sys- tems shall be bound together and include all manufactured items for the system. If resubmittal is not required, three copies will be returned to the Contractor. Supporting infonnation shall consist of the following and is required unless othenwise specified in the Special Provisions: 1) List of Subcontractors per 2-3.2. 2) List of Materials per 4-1.4. 3) Certifications per 4-1.5. Revised 11 /24/10 Contract No. 5501-2 Page 55 of 91 4) Construction Schedule per 6-1. 5) Confined Space Entry Program per 7-10.4.4. 6) Concrete mix designs per 201 -1.1. 7) Asphalt concrete mix designs per 203-6.1. 8) Data, including, but not limited to, catalog sheets, manufacturer's brochures, technical bulletins, specifications, diagrams, product samples, and other information necessary to describe a sys- tem, product or item. This information is required for irrigation systems, street lighting systems, and traffic signals, and may also be required for any product, manufactured item, or system. 2-5.4 RECORD DRAWINGS. (NOT USED) 2-6 WORK TO BE DONE. The Contractor shall perform all work necessary to complete the Con- tract in a satisfactory manner. Unless othenwise provided, the Contractor shall fumish all materials, equipment, tools, labor, and incidentals necessary to complete the Work. 2-7 SUBSURFACE DATA. All soil and test hole data, water table elevations, and soil analyses shown on the drawings or included in the Specifications apply only at the location of the test holes and to the depths indicated. Soil test reports for test holes which have been drilled are available for inspec- tion at the office of the Engineer. Any additional subsurface exploration shall be done by Bidders or the Contractor at their own expense. The indicated elevation of the water table is that which existed on the date when test hole data was determined. It is the Contractor's responsibility to determine and allow forthe 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. (NOTUSED)^ 2-10 AUTHORITY OF BOARD AND ENGINEER. The Board has the final authority in all matters affecting the Work. Within the scope of the Contract, the Engineer has the authority to enforce com- pliance with the Plans and Specifications. The Contractor shall promptly comply with instructions from the Engineer or an authorized representative. The decision of the Engineer is final and binding on all questions relating to: quantities; acceptability of material, equipment, or work; execution, progress or sequence of work; and interpretation of the Plans, Specifications, or other drawings. This shall be precedent to any payment under the Contract, unless othenwise ordered by the Board. 2-10.1 Availability of Records, The Contractor shall, at no charge to the Agency, provide copies of all records in the Contractor's or subcontractor's possession pertaining to the work that the Engineer may request. 2-10.2 Audit And Inspection, Contractor agrees to maintain and/or make available, to the Engineer, within San Diego County, accurate books and accounting records relative to all its activities and to contractually require all subcontractors to this Contract to do the same. The Engineer shall have the right to monitor, assess, and evaluate Contractor's and its subcontractors performance pursuant to this Agreement, said monitoring, assessments, and evaluations to include, but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and interviews of Contractor's staff and the staff of all subcontractors to this contract. At any time during nonnal business hours and as often as Revised 11 /24/10 Contract No. 5501 -2 Paae 56 of 91 the Engineer may deem necessary, upon reasonable advance notice, Contractor shall make available to the Engineer for examination, all of its, and all subcontractors to this contract, records with respect to all matters covered by this Contract and will permit the Engineer to audit, examine, copy and make excerpts or transcripts from such data and records, and to make audits of all invoices, materials, pay- rolls, records of personnel, and other data relating to all matters covered by this Contract. However, any such activities shall be carried out in a manner so as to not unreasonably interfere with Contrac- tor's ongoing business operations. Contractor and all subcontractors to this contract shall maintain such data and records for as long as may be required by applicable laws and regulations. 2-11 INSPECTION. The Work is subject to inspection and approval by the Engineer. The Contractor shall notify the Engineer before noon of the working day before inspection is required. Work shall be done only in the presence of the Engineer, unless othenwise authorized. Any work done without proper inspection will be subject to rejection. The Engineer and any authorized representatives shall at all times have access to the Work during its construction at shops and yards as well as the project site. The Contractor shall provide every reasonable facility for ascertaining that the materials and work- manship are in accordance with these specifications. Inspection of the Work shall not relieve the Con- tractor of the obligation to fulfill all conditions of the Contract. V Revised 11/24/10 Contract No. 5501-2 Page 57 of 91 SECTION 3 - CHANGES IN WORK 3-1 CHANGES REQUESTED BY THE CONTRACTOR. 3-1.1 General. Changes in the Plans and Specifications, requested in writing by the Contractor, which do not materially affect the Work and which are not detrimental to the Wori< or to the interests of the Agency, may be granted by the Engineer. Nothing herein shall be construed as granting a right to the Contractor to demand acceptance of such changes. 3-1.2 Payment for Changes Requested by the Contractor. If such changes are granted, they shall be made at a reduction in cost or no additional cost to the Agency. 3-2 CHANGES INITIATED BY THE AGENCY. 3-2.1 General. The Agency may change the Plans, Specifications, character of the work, or quantity of work provided the total arithmetic dollar value of all such changes, both additive and deductive, does not exceed 25 percent of the Contract Price. Should it become necessary to exceed this limita- tion, the change shall be by written Supplemental Agreement between the Contractor and Agency, unless both parties agree to proceed with the change by Change Order. 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 confonn- ance 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 covered by a Contract Unit Price and constructed in conformance with the Plans and Specifications, exceed the Bid quantity by more than 50 percent, payment for the quantity in excess of 150 percent of the Bid quantity will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Section 3-3. The Extra Work per Section 3-3, basis of payment, shall not include fixed costs. Fixed costs shall be deemed to have been recovered by the Contractor through payment for 150 percent of the Bid quantity at the Contract Unit Price. 3-2.2.3 Decreases of More Than 50 Percent. Should the actual quantity of an item of work covered by a Contract Unit Price, and constructed in conformance with the Plans and Specifications, be less ''^ir than 50 percent of the Bid quantity, an adjustment in payment will not be made unless so requested V Revised 11/24/10 Contract No. 5501-2 Paae 58 of 91 in writing by the Contractor. If the Contractor so requests, payment will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Section 3-3; however, in no case will payment be less than would be made for the actual quantity at the Contract Unit Price nor more than would be made for 50 percent of the Bid quantity at the Contract Unit Price. 3-2.3 Stipulated Unit Prices. Stipulated Unit Prices are unit prices established by the Agency in the Contract Documents as distinguished from Contract Unit Prices submitted by the Contractor. Stipu- lated Unit Prices may be used for the adjustment of Contract changes when so specified in the Special Provisions. 3-2.4 Agreed Prices. Agreed Prices are prices for new or unforeseen work, or adjustments in Con- tract Unit Prices per Section 3-2.2, established by mutual agreement between the Contractor and the Agency. If mutual agreement cannot be reached, the Engineer may direct the Contractor to proceed on the basis of Extra Work in accordance per Section 3-3, except as othenwise specified in Sections 3-2.2.2 and 3-2.2.3. 3.2.4.1 Schedule of Values. Prior to construction. Contractor shall provide a schedule of values for all lump sum bid items that shall be used for the purpose of progress payments. The prices shall be valid for the purpose of change orders to the project. 3.2.5 Eliminated Items. Should any Bid item be eliminated in its entirety, payment will be made to the Contractor for its actual costs incurred in connection with the eliminated item prior to notification in writing from the Engineer so stating its elimination. If material conforming to the Plans and Specifi- cations is ordered by the Contractor for use in the eliminated item prior to the date of notification of elimination by the Engineer, and if the order for that material cannot be canceled, payment will be made to the Contractor for the actual cost of the material. In this case, the material shall become the property of the Agency. Payment will be made to the Contractor for its actual costs for any further handling. If the material is returnable, the material shall be retumed and payment will be made to the Contractor for the actual cost of charges made by the supplier for returning the material and for han- dling by the Contractor. Actual costs, as used herein, shall be computed on the basis of Extra Work per Section 3-3. 3-3 EXTRA WORK. 3-3.1 General. New or unforeseen work will be classified as "extra work" when the Engineer deter- mines that it is not covered by Contract Unit Prices or stipulated unit prices. 3-3.2 Payment. 3-3.2.1 General. When the price for the extra work cannot be agreed upon, the Agency will pay for the extra work based on the accumulation of costs as provided herein. 3-3.2.2 Basis for Establishing Costs. (a) Labor. The costs of labor will be the actual cost for wages of workers perfonning the extra work at the time the extra work is done, plus employer payments of payroll taxes, workers compensation insurance, liability insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs, resulting from Federal, State, or local laws, as well as assessments or benefits required by lawful collective bargaining agreements. Revised 11 /24/10 Contract No. 5501-2 Page 59 of 91 The use of a labor classification which would increase the extra work cost will not be permitted unless the Contractor establishes the necessity for such additional costs. Labor costs for equipment operators and helpers shall be reported only when such costs are not included in the invoice for equipment rental. The labor cost for foremen shall be proportioned to all of their assigned work and only that applicable to extra work will be paid. Nondirect labor costs, including superintendence, shall be considered part of the markup of Section 3-3.2.3 (a). (b) Materials. The cost of materials reported shall be at invoice or lowest current price at which such materials are locally available and delivered to the job site in the quantities involved, plus sales tax, freight, and delivery. The Agency reserves the right to approve materials and sources of supply, or to supply materials to the Contractor if necessary for the progress of the Work. No markup shall be applied to any material provided by the Agency. (c) Tool and Equipment Rental. No payment will be made for the use of tools which have a replace- ment 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 detennining the value of costs for delay to the Contractor and subcontractors, if any. The labor surcharge rates published therein are not a part of this contract. The rental rates paid shall include the cost of fuel, oil, lubrication, supplies, small tools, necessary attachments, repairs and maintenance of any kind, depreciation, storage, insurance, and all inciden- tals. Necessary loading and transportation costs for equipment used on the extra work shall be in- cluded. If equipment is used intermittently and, when not in use, could be returned to its rental source at less expense to the Agency than holding it at the Work site, it shall be retumed, unless the Contractor elects to keep it at the Work site, at no expense to the Agency. All equipment shall be acceptable to the Engineer, in good working condition, and suitable for the purpose for which it is to be used. Manufacturer's ratings and approved modifications shall be used to classify equipment and it shall be powered by a unit of at least the minimum rating recommended by the manufacturer. The reported rental time for equipment already at the Work site shall be the duration of its use on the extra work. This time begins when equipment is first put into actual operation on the extra work, plus the time required to move it from its previous site and back, or to a closer site. (d) Other Items. The Agency may authorize other items which may be required on the extra work, including labor, services, material, and equipment. These items must be different in their nature from those required for the Work, and be of a type not ordinarily available from the Contractor or Subcon- tractors. RevLeied 11 /24/10 Contrant Nn -? Pane fin nf Q1 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 sub- mitted with the request for payment. If the request for payment is not substantiated by invoices or other documentation, the Agency may establish the cost of the item involved at the lowest price which was current at the time of the report. 3-3.2.3 Markup. (a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor 20 2) Materials 15 3) Equipment Rental 15 4) Other Items and Expenditures .. 15 To the sum of the costs and markups provided for in this section, 1 percent shall be added as com- pensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcon- tractor, the markup established in Section 3-3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. 3-3.3 Daily Reports by Contractor. When the price for the extra work cannot be agreed upon, the Contractor shall submit a daily report to the Engineer on forms approved by the Agency. Included are applicable delivery tickets, listing all labor, materials, and equipment involved for that day, and other 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 immediately. Each party shall retain a signed copy of the report. Reports by Subcontractors or others shall be submitted through the Contractor. The report shall: 1. Show names of workers, classifications, and hours worked. 2. Describe and list quantities of materials used. 3. Show type of equipment, size, identification number, and hours of operation, including loading and transportation, if applicable. 4. Describe other 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 following Work site conditions (hereinafter called changed conditions), in writing, upon their discovery and be- fore they are disturbed: 1. Subsurface or latent physical conditions differing materially from those represented in the Con- tract; 2. Unknown physical conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in work of the character being performed; and V Revised 11/24/10 Contract No. 5501-2 Page 61 of 91 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 Engi- neer determines that conditions are changed conditions and they will materially affect performance time, the Contractor, upon submitting a written request, will be granted an extension of time subject to the provisions of 6-6. If the Engineer determines that the conditions do not justify an adjustment in compensation, the Con- tractor will be notified in writing. This notice will also advise the Contractor of its obligation to notify the Engineer in writing if the Contractor disagrees. The Contractor's failure to give notice of changed conditions promptly upon their discovery and before they are disturbed shall 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 Engi- neer due written notice of potential claim as hereinafter specified. Compliance with this section shall not be required as a prerequisite to notice provisions in Section 6-7.3 Contract Time Accounting, nor to any claim that is based on differences in measurement or errors of computation as to contract quantities. The written notice of potential claim for changed conditions shall be submitted by the Con- tractor to the Engineer upon their discovery and prior to the time that the Contractor performs the work giving rise to the potential claim. The Contractor's failure to give written notice of potential claim for changed conditions to the agency upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall provide the City with a written document containing a description of the particular circumstances giving rise to the potential claim, the reasons for which the Contractor believes addi- tional compensation may be due and nature of any and all costs involved within 20 working days of the date of service of the written notice of potential claim for changed conditions. Verbal notifications are disallowed. The potential claim shall include the following certification relative to the Califomia False Claims Act, Government Code Sections 12650-12655. "The undersigned certifies that the above statements are made in full cognizance of the Califomia False Claims Act, Government Code Sections 12650-12655. The undersigned further understands and agrees that this potential claim, unless resolved, must be restated as a claim in response to the City's proposed final estimate in order for it to be further considered." By: A-U.X>| <>> SO Title: ^o^t-4a>Y Date: Jamison Eng. Contractors, Inc. Company Name: ^^^^^ W Revised 11 /24/10 Contract No. 5501-2 Pane 62 of 91 The Contractor's estimate of costs may be updated when actual costs are known. The Contractor shall submit substantiation of its actual costs to the Engineer within 20 working days after the affected work is completed. Failure to do so shall be sufficient cause for denial of any claim subsequently filed on the basis of said notice of potential claim. It is the intention of this section that differences between the parties arising under and by virtue of the contract be brought to the attention of the Engineer at the eariiest possible time in order that such matters be settled, if possible, or other appropriate action promptly taken. 3-5 DISPUTED WORK. The Contractor shall give the agency written notice of potential claim prior to commencing any disputed work. Failure to give said notice shall constitute a waiver of all claims in connection therewith. If the contractor and the agency are unable to reach agreement on disputed work, the Agency may direct the contractor to proceed with the work. Prior to proceeding with dispute resolution pursuant to Public Contract Code provisions specified here- inafter, the contractor shall attempt to resolve all disputes informally through the following dispute resolution chain of command: 1. Project Inspector 2. Construction Manager 3. Deputy City Engineer, Construction Management & Inspection 4. City Engineer 5. City Manager The Contractor shall submit a complete report within 20 working days after completion of the disputed work stating its position on the claim, the contractual basis for the claim, along with all documentation supporting the costs and all other evidentiary materials. At each level of claim or appeal of claim the City will, within 10 working days of receipt of said claim or appeal of claim, review the Contractor's report and respond with a position, request additional infonnation or request that the Contractor meet and present its report. When additional information or a meeting is requested the City will provide its position within 10 working days of receipt of said additional information or Contractor's presentation of its report. The Contractor may appeal each level's position up to the City Manager after which the Contractor may proceed under the provisions of the Public Contract Code. The authority within the dispute resolution chain of command is limited to recommending a resolution to a claim to the City Manager. Actual approval of the claim is subject to the change order provisions in the contract. All claims by the contractor for $375,000 or less shall be resolved in accordance with the procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Section 20104) which is set forth below: ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS 20104. (a)(1) This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or less which arise between a contractor and a local agency. (2) This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 (commenc- ing with Section 10240) of Chapter 1 of Part 2. (b)(1) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that "public work" does not include any work or improvement contracted for by the state or the Regents Revised 11 /24/10 Contract No. 5501-2 Page 63 of 91 of the University of California. (2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public work and payment of which is not othenwise expressly provided for or the claimant is not othenwise entitled to, or (C) an amount the payment of which is disputed by the local agency. (c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications for any work which may give rise to a claim under this article. (d) This article applies only to contracts entered into on or after January 1,1991. 20104.2. For any claim subject to this article, the following requirements apply: (a) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements othenwise provided by contract for the filing of claims. (b) (1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. (c) (1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. (d) If the claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency's response or within 15 days of the local agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) Following the meet and confer conference, if the claim or any portion remains in dispute, the claim- ant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (com- mencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. (f) This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. 3 0 Revised 11/24/10 Contract No. 5501 -2 Paae 64 of 91 20104.4. The following procedures are established for all civil actions filed to resolve claims subject to this article: (a) Within 60 days, but no eariier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator. (b) (1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure) shall apply to any proceeding brought under the subdivision consistent with the rules pertaining to judicial arbitration. (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds. (3) In addition to Chapter 2.5 (commencing with Section 1141.10) Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo. (c) The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process. 20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed except as othenwise provided in the contract. (b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law. Although not to be construed as proceeding under extra work provisions, the Contractor shall keep and furnish records of disputed work in accordance with Section 3-3. Revised 11 /24/10 Contract No. 5501-2 Page 65 of 91 SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP. 4-1.1. General. All materials, parts, and equipment furnished by the Contractor in the Work shall be new, high grade, and free from defects. Quality of work shall be in accordance with the generally accepted standards. Material and work quality shall be subject to the Engineer's approval. Materials and work quality not conforming to the requirements of the Specifications shall be consid- ered defective and will be subject to rejection. Defective work or material, whether in place or not, shall be removed immediately from the site by the Contractor, at its expense, when so directed by the Engineer. If the Contractor fails to replace any defective or damaged work or material after reasonable notice, the Engineer may cause such work or materials to be replaced. The replacement expense will be deducted from the amount to be paid to the Contractor. Used or secondhand materials, parts, and equipment may be used only if permitted by the Specifica- tions. 4-1.2 Protection of Work and Materials. The Contractor shall provide and maintain storage facili- ties and employ such measures as will presen/e the specified quality and fitness of materials to be used in the Work. Stored materials shall be reasonably accessible for inspection. The Contractor shall also adequately protect new and existing work and all items of equipment for the duration of the Con- tract. The Contractor shall not, without the Agency's consent, assign, sell, mortgage, hypothecate, or re- '"-^m^ move equipment or materials which have been installed or delivered and which may be necessary for the completion of the Contract. 4-1.3 Inspection Requirements. 4-1.3.1 General. Unless othenwise specified, inspection is required at the source for such typical ma- terials and fabricated items as bituminous paving mixtures, structural concrete, metal fabrication, metal casting, welding, concrete pipe manufacture, protective coating application, and similar shop or plant operations. Steel pipe in sizes less than 18 inches and vitrified clay and cast iron pipe in all sizes are acceptable upon certification as to compliance with the Specifications, subject to sampling and testing by the Agency. Standard items of equipment such as electric motors, conveyors, elevators, plumbing fixtures, etc., are subject to inspection at the job site only. Special items of equipment such as designed elec- trical panel boards, large pumps, sewage plant equipment, etc., are subject to inspection at the source, normally only for performance testing. The Specifications may require inspection at the source for other items not typical of those listed in this section. The Contractor shall provide the Engineer free and safe access to any and all parts of work at any time. Such free and safe access shall include means of safe access and egress, ventilation, lighting, shoring, dewatering and all elements pertaining to the safety of persons as contained in the State of California, California Code of Regulations, Title 8, Industrial Relations, Chapter 4, Division of Industrial Safety, Subchapter 4, Construction Safety Orders and such other safety regulations as may apply, fi^^k Contractor shall furnish Engineer with such information as may be necessary to keep the Engineer fully infonned regarding progress and manner of work and character of materials. Inspection or testing Revised 11/24/10 Contract No. 5501-2 Page 66 of 91 of the whole or any portion of the work or materials incorporated in the work shall not relieve Contractor from any obligation to fulfill this Contract. 4-1.3.2 Inspection of Materials Not Locally Produced. When the Contractor intends to purchase materials, fabricated products, or equipment from sources located more than 50 miles outside the geographical limits of the Agency, an inspector or accredited testing laboratory (approved by the En- gineer), shall be engaged by the Contractor at its expense, to inspect the materials, equipment or process. This approval shall be obtained before producing any material or equipment. The inspector or representative of the testing laboratory shall judge the materials by the requirements of the Plans and Specifications. The Contractor shall 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 ser- vices within 50 miles of the geographical limits of the Agency. For private contracts, all costs of in- spection at the source, including salaries and mileage costs, shall be paid by the permittee. 4-1.4 Test of Material. Before incorporation in the Work, the Contractor shall submit samples of materials, as the Engineer may require, at no cost to the Agency. The Contractor, at its expense, shall deliver the materials for testing to the place and at the time designated by the Engineer. Unless oth- enwise 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 produced materials and/or on-site workmanship where the results of such tests meet or exceed the requirements indicated in the Standard Specifications, Technical Specification, and any Supplemental Provisions. The cost of all other tests shall be borne by the Contractor. At the option of the Engineer, the source of supply of each of the materials shall be approved by the Engineer before the delivery is started. All materials proposed for use may be inspected or tested at any time during their preparation and use. If, after incorporating such materials into the Work, it is found that sources of supply that have been approved do not fumish a uniform product, or if the prod- uct from any source proves unacceptable at any time, the Contractor shall furnish approved material from other approved sources. If any product proves unacceptable after improper storage, handling or for any other reason it shall be rejected, not incorporated into the work and shall be removed from the project site all at the Contractor's expense. Compaction tests may be made by the Engineer and ail costs for tests that meet or exceed the re- quirements of the specifications shall be borne by the Agency. Said tests may be made at any place along the work as deemed necessary by the Engineer. The costs of any retests made necessary by noncompliance with the specifications shall be borne by the Contractor. Revised 11 /24/10 Contract No. 5501-2 Page 67 of 91 V 4-1.5 Certification. The Engineer may waive materials testing requirements of the Specifications and accept the manufacturer's written certification that the materials to be supplied meet those re- quirements. 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 speci- fied. Adequate time shall be allowed for the Engineer to make this determination. Whenever any particular material, process, or equipment is indicated by patent, proprietary or brand name, or by name of manufacturer, such wording is used for the purpose of facilitating its description and shall be deemed to be followed by the words or equal. A listing of materials is not intended to be comprehensive, or in order of preference. The Contractor may offer any material, process, or equip- ment 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 detennine that the quality, strength, physical, chemical, or other characteristics, including durability, finish, efficiency, dimensions, service, and suitability are such that the item will fulfill its intended function. Test methods shall be subject to the approval of the Engineer. Test results shall be reported promptly to the Engineer, who will evaluate the results and determine if the substitute item is equivalent. The Engineer's findings shall be final. Installation and use of a substitute item shall not be made until approved by the Engineer. If a substitute offered by the Contractor is not found to be equal to the specified material, the Contractor shall furnish and install the specified material. 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 opin- ion of the Engineer, the substitution is determined to be unsatisfactory in performance, appearance, durability, compatibility with associated items, availability of repair parts and suitability of application 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 proportion- ing materials shall be inspected for accuracy and certified within the past 12 months by the State of California Bureau of Weights and Measures, by the County Director or Sealer of Weights and Measures, or by a scale mechanic registered with or licensed by the County. The accuracy of the work of a scale service agency, except as stated herein, shall meet the standards of the California Business and Professions Code and the California Code of Regulations pertaining to weighing devices. A certificate of compliance shall be presented, prior to operation, to the Engineer for approval and shall be renewed whenever required by the Engineer at no cost to the Agency. All scales shall be arranged so they may be read easily from the operator's platfonn 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. j0mii. Weighing equipment shall be so insulated against vibration or moving of other operating equipment in Revised 11/24/10 Contract No. 5501 -2 Paae 68 of 91 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 EquipmenL Testing equipment, such as, but not limited to pressure gages, metering devices, hydraulic systems, force (load) measuring instruments, and strain-measur- ing devices shall be calibrated by a testing agency acceptable to the Engineer at inten/als not to ex- ceed 12 months and following repairs, modification, or relocation of the equipment. Calibration certifi- cates shall be provided when requested by the Engineer. 4-1.9 Construction Materiais Dispute Resolution (Soils, Rock Materials, Concrete, Mortar and Related Materiais, Masonry Materials, Bituminous Materials, Rock Products, and Modified As- phalts). 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 Specifi- cations or by the special provisions, required to accept the Work. Credible evidence is process obser- vations or test values gathered using industry accepted practices. A contradiction exists whenever test values or process observations of the same or similar materials are diverse enough such that the work acceptance or performance becomes suspect. The investigation shall allow access to all test results, procedures, and facilities relevant to the disputed work and consider all available infonnation and, when necessary, gather new and additional infonnation in an attempt to determine the validity, the cause, and if necessary, the remedy to the contradiction. If the cooperative investigation reaches any resolution mechanism acceptable to both the Agency and the Contractor, the contradiction shall be considered resolved and the cooperative investigation concluded. Whenever the cooperative in- vestigation is unable to reach resolution, the investigation may then either conclude without resolution or continue by written notification of one party to the other requesting the implementation of a resolu- tion process by committee. The continuance of the investigation shall be contingent upon recipient's agreement and acknowledged in writing within 3 calendar days after receiving a request. Without acknowledgement, the investigation shall conclude without resolution. The committee shall consist of three State of California Registered Civil Engineers. Within 7 calendar days after the written request notification, the Agency and the Contractor will each select one engineer. Within 14 calendar days of the written request notification, the two selected engineers will select a third engineer. The goal in selection of the third member is to complement the professional experience of the first two engineers. Should the two engineers fail to select the third engineer, the Agency and the Contractor shall each propose 2 engineers to be the third member within 21 calendar days after the written request notifica- tion. The first two engineers previously selected shall then select one of the four proposed engineers in a blind draw. The committee shall be a continuance of the cooperative investigation and will re- consider all available information and if necessary gather new and additional information to 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 fonnation to complete their review and submit their findings. Thefinal resolution ofthe 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 ac- ceptable resolution mechanism; or 2. Within 14 days of the formation of the committee, the initiating party withdraws its written noti- fication and agrees to bear all investigative related costs thus far incurred; or 3. At any point by the mutual agreement of the Agency and the Contractor. Unless othenwise agreed, the Contractor shall bear and maintain a record for all the investigative costs until 0 Revised 11/24/10 Contract No. 5501-2 Page 69 of 91 resolution. Should the investigation discover assignable causes for the contradiction, the as- signable party, the Agency or the Contractor, shall bear all costs associated with the investi- gallon. Should assignable causes for the contradiction extended to both parties, the investiga- tion will assign costs cooperatively with each party or when necessary, equally. Should the investigation substantiate a contradiction without assignable cause, the investigation will as- sign 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 investi- gative costs. All claim notification requirements of the contract pertaining to the contradiction shall be suspended until the investigation is concluded. 4-2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE. The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm the quan- tity and quality received, prepare storage area(s), store, handle, protect, move, relocate, remove and dispose excess of all materials used to accomplish the Work. Materials shall be delivered to the site of the work only during working hours, as defined in Section 6-7.2, and shall be accompanied by bills of lading that shall clearly state for each delivery: the name of the Contractor as consignee, the project name and number, address of delivery and name of consignor and a description of the material(s) shipped. Prior to storage of any materials which have been shipped to or by the Contractor to any location within the Agency's boundaries the Contractor shall provide the Engineer a copy of lease agreements for each property where such materials are stored. The lease agreement shall cleariy state the term of the lease, the description of materials allowed to be stored and shall provide for the removal of the materials and restoration of the storage site within the time allowed for the Work. All such storage shall conform to all laws and ordinances that may pertain to the materials stored and to preparation of the storage site and the location of the site on which the materials are stored. Loss, damage or deterioration of all stored materials shall be the Contractor's responsibility. Conformance to the requirements of this section, both within and outside the limits of work are a part of the Work. The Engineer shall have the right to verify the suitability of materials and their proper storage at any ^im^ time during the Work. Revised 11 /24/10 Contract No. 5501 -2 Paoe 70 of 91 SECTION 5 - UTILITIES v., 5-1 LOCATION. The Agency and affected utility companies have, by a search of known records, endeavored to locate and indicate on the Plans, all utilities which exist within the limits of the work. However, the accuracy and/or completeness of the nature, size and/or location of utilities indicated on the Plans is not guaranteed. Where underground main distribution conduits such as water, gas, sewer, electric power, telephone, or cable television are shown on the Plans, the Contractor shall assume that every property parcel will be served by a service connection for each type of utility. As provided in Section 4216 of the California Government Code, at least 2 working days prior to com- mencing any excavation, the Contractor shall contact the regional notification center (Underground 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 installa- tions. The Contractor shall determine the location and depth of all utilities, including sen/ice connections, which have been marked by the respective owners and which may affect or be affected by its opera- tions. If no pay item is provided in the Contract for this work, full compensation for such work shall be considered as included in the prices bid for other items of work. 5-2 PROTECTION. The Contractor shall not interrupt the service function or disturb the support of any utility without authority from the owner or order from the Agency. All valves, switches, vaults, and meters shall be maintained readily accessible for emergency shutoff. Where protection is required to ensure support of utilities located as shown on the Plans or in accord- ance with Section 5-1, the Contractor shall, unless othenwise provided, furnish and place the neces- sary 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 Engi- neer, support or protection of the utility will be paid for as provided in Section 3-2.2.3 or 3-3. The Contractor shall immediately notify the Engineer and the utility 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. Fumish and install a 2 inch cushion of expansion joint material or other similar resilient material; or 2. Provide a sleeve or other opening which will result in a 2 inch minimum-clear annular space between the concrete and the utility; or 3. Provide other acceptable means to prevent embedment in or bonding to the concrete. Where concrete is used for backfill or for structures which would result in embedment, or partial em- bedment, of a metallic utility installation; or where the coating, bedding or other cathodic protection system is exposed or damaged by the Contractor's operations, the Contractor shall notify the Engineer Revised 11/24/10 Contract No. 5501-2 Page 71 of 91 V and arrange to secure the advice of the affected utility owner regarding the procedures required to maintain or restore the integrity of the system. 5-3 REMOVAL. Unless otherwise specified, the Contractor shall remove all interfering portions of utilities shown on the Plans or indicated in the Bid documents as "abandoned" or "to be abandoned in place". Before starting removal operations, the Contractor shall ascertain from the Agency whether the abandonment is complete, and the costs involved in the removal and disposal shall be included in the Bid for the items of work necessitating such removals. 5-4 RELOCATION. When feasible, the owners responsible for utilities within the area affected by the Work will complete their necessary installations, relocations, repairs, or replacements before com- mencement of work by the Contractor. When the Plans or Specifications indicate that a utility installa- tion is to be relocated, altered, or constructed by others, the Agency will conduct all negotiations with the owners and work will be done at no cost to the Contractor, except for manhole frame and cover sets to be brought to grade as provided in the Standard Specifications for Public Works Construction, Section 301-1.6, 2012 Edition, and the supplements thereto. Utilities which are relocated in order to avoid interference shall be protected in their position and the cost of such protection shall be included in the Bid for the items of work necessitating such relocation. After award of the Contract, portions of utilities which are found to interfere with the Work will be relocated, altered or reconstructed by the owners, or the Engineer may order changes in the Work to avoid interference. Such changes will be paid for in accordance with Section 3-2. When the Plans or Specifications provide for the Contractor to alter, relocate, or reconstruct a utility, all costs for such work shall be included in the Bid for the items of work necessitating such work. Temporary or permanent relocation or alteration of utilities requested by the Contractor for its conven- ience shall be its responsibility and it shall make all arrangements and bear all costs. The utility owner will relocate service connections as necessary within the limits of the Work or within temporary construction or slope easements. When directed by the Engineer, the Contractor shall ar- range for the relocation of service connections as necessary between the meter and property line, or between a meter and the limits of temporary construction or slope easements. The relocation of such service connections will be paid for in accordance with provisions of Section 3-3. Payment will include the restoration of all existing improvements which may be affected thereby. The Contractor may agree with the owner of any utility to disconnect and reconnect interfering service connections. The Agency will not be involved in any such agreement. In conformance with Section 5-6 the Contractor shall coordinate the work with utility agencies and companies. Prior to the installation of any and all utility structures within the limits of work by any utility agency or company, or its contractor, the Contractor shall place all curb or curb and gutter that is a part of the work and adjacent to the location where such utility structures are shown on the plans and are noted as being located, relocated or are othenwise shown as installed by others. In order to mini- mize delays to the Contractor caused by the failure of other parties to relocate utilities that interfere with the construction, the Contractor, upon the Engineer's approval, may be permitted to temporarily omit the portion of work affected by the utility. If such temporary omission is approved by the Engineer the Contractor shall place sun/ey or other physical control markers sufficient to locate the curb or curb and gutter to the satisfaction of the utility agency or company. Such temporary omission shall be for the Contractor's convenience and no additional compensation will be allowed therefore or for addi- tional work, materials or delay associated with the temporary omission. The portion thus omitted shall be constructed by the Contractor immediately following the relocation of the utility involved unless othenwise directed by the Engineer. ^^^^^^ 5-5 DELAYS. The Contractor shall notify the Engineer of its construction schedule insofar as it affects the protection, removal, or relocation of utilities. Said notification shall be included as a part of the construction schedule required in Section 6-1. The Contractor shall notify the Engineer in writing of any subsequent changes in the construction schedule which will affect the time available for pro- tection, removal, or relocation of utilities. The Contractor will not be entitled to damages or additional payment for delays attributable to utility relocations or alterations if correctly located, noted, and completed in accordance with Section 5-1. The Contractor may be given an extension of time for unforeseen delays attributable to unreasonably protracted interference by utilities in performing work correctly shown on the Plans. The Agency will assume responsibility for the timely removal, relocation, or protection of existing main or trunWine utility facilities within the area affected by the Work if such utilities are not identified in the Contract Documents. The Contractor will not be assessed liquidated damages for any delay caused by failure of Agency to provide for the timely removal, relocation, or protection of such existing facilities. If the Contractor sustains loss due to delays attributable to interferences, relocations, or alterations not covered by Section 5-1, which could not have been avoided by the judicious handling of forces, equipment, or plant, there shall be paid to the Contractor such amount as the Engineer may find to be fair and reasonable compensation for such part of the Contractor's actual loss as was unavoidable and the Contractor may be granted an extension of time. 5-6 COOPERATION. When necessary, the Contractor shall so conduct its operations as to permit access to the Work site and provide time for utility work to be accomplished during the progress of the Work. Revised 11/24/10 Contract No. 5501-2 Page 73 of 91 SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Except as othenwise provided herein and unless othenwise prohibited by permits from other agencies as may be required by law the Contractor shall begin work within 14 calendar days after receipt of the "Notice to Proceed". 6-1.1 Pre-Construction Meeting. After, or upon, notification of contract award, the Engineer will set the time and location for the Preconstruction Meeting. Attendance of the Contractor's management personnel responsible for the management, administration, and execution of the project is mandatory for the meeting to be convened. Failure of the Contractor to have the Contractor's responsible project personnel attend the Preconstruction Meeting will be grounds for default by Contractor per Section 6- 4. No separate payment will be made for the Contractor's attendance at the meeting. The notice to proceed will only be issued on or after the completion of the preconstruction meeting. 6-1.2 Construction Schedule. After notification of award of the Contract and prior to start of any work the Contractor shall submit its proposed construction schedule to the engineer for approval. The construction schedule shall be in the form of a tabulation, chart, or graph and shall be insufficient detail to show chronological relationship of all activities of Work. This include, but are not limited to: esti- mated starting and completion dates of various activities, submission of submittals per 2-5.3, procure- ment of materials and scheduling of equipment. The construction schedule shall incorporate require- ments of 5-5 and reflect completion of the Work within the specified Contract time and in conformance with the Contract Documents. If the Contractor desires to make a major change in the method of operations after commencement of construction, or if the schedule fails to reflect actual progress, the Contractor shall submit to the Engi- neer a revised construction schedule in advance of beginning and revised operations. The Engineer may waive these requirements for work constructed under a permit. 6-1.8 Measurement and Payment of Construction Schedule. The Contractor's preparation, revi- sion and maintenance of the Construction Schedule are incidental to the work and no separate pay- ment will be made therefore. 6-2 PROSECUTION OF WORK. To minimize public inconvenience and possible hazard and to restore street and other work areas to their original condition and state of usefulness as soon as practicable, the Contractor shall diligently prosecute the Work to completion. If the Engineer determines that the Contractor is failing to prosecute the Work to the proper extent, the Contractor shall, upon orders from the Engineer, immediately take steps to remedy the situation. All costs of prosecuting the Work as described herein shall be included in the Contractor's Bid. Should the Contractor fail to take the necessary steps to fully accomplish said purposes, after orders of the Engineer, the Engineer may suspend the work in whole or part, until the Contractor takes said steps. As soon as possible under the provisions of the Specifications, the Contractor shall backfill all exca- vations 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 Con- tractor 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. ""^mn^ 6-2.1 Order of Work. The work to be done shall consist of furnishing all labor, equipment and ma- terials, and performing all operations necessary to complete the Project Work as shown on the Pro- ject Plans and as specified in the Specifications. 6-2.2 Project Meetings. The Engineer will establish the time and location of weekly Project Meet- ings. The Contractor's Representative shall attend each Project Meeting. The Project Representative shall be the individual detennined under Section 7-6, 'The Contractor's Representative". No separate payment for attendance of the Contractor, the Contractor's Representative or any other employee or subcontractor or subcontractor's employee at these meetings will be made. 6-3 SUSPENSION OF WORK. 6-3.1 General. The Work may be suspended in whole or in part when determined by the Engineer that the suspension is necessary in the interest of the Agency. The Contractor shall comply immedi- ately with any written order of the Engineer. Such suspension shall be without liability to the Contractor on the part of the Agency except as othenwise specified in Section 6-6.3. 6-3.2 Archaeological and Paleontological Discoveries. If discovery is made of items of archaeo- logical 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 imple- ments 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 equip- ment, to commence the Work within the time specified, to maintain the rate of delivery of material, to execute the Work in the manner and at such locations as specified, or fails to maintain the Work schedule which will insure the Agency's interest, or, if the Contractor is not carrying out the intent of the Contract, the Agency may serve written notice upon the Contractor and the Surety on its Faithful Perfonnance Bond demanding satisfactory compliance with the Contract. The Contract may be canceled by the Board without liability for damage, when in the Board's opinion the Contractor is not complying in good faith, has become insolvent, or has assigned or subcontracted any part of the Work without the Board's consent. In the event of such cancellation, the Contractor will be paid the actual amount due based on Contract Unit Prices or lump sums bid and the quantity of the Work completed at the time of cancellation, less damages caused to the Agency by acts of the Con- tractor. The Contractor, in having tendered a Bid, shall be deemed to have waived any and all claims for damages because of cancellation of Contract for any such reason. If the Agency declares the Contract canceled for any of the above reasons, written notice to that effect shall be served upon the Surety. The Surety shall, within five (5) days, assume control and perform the Work as successor to the Contractor. If the Surety assumes any part of the Work, it shall take the Contractor's place in all respects for that part, and shall be paid by the Agency for all work perfonned by it in accordance with the Contract. If the Surety assumes the entire Contract, all money due the Contractor at the time of its default shall be payable to the Surety as the Work progresses, subject to the terms of the Contract. Revised 11/24/10 Contract No. 5501-2 Page 75 of 91 If the Surety does not assume control and perform the Work within 5 days after receiving notice of cancellation, or fails to continue to comply, the Agency may exclude the Surety from the premises. The Agency may then take possession of all material and equipment and complete the Work by Agency forces, by letting the unfinished Work to another Contractor, or by a combination of such methods. In any event, the cost of completing the Work shall be charged against the Contractor and its Surety and may be deducted from any money due or becoming due from the Agency. If the sums due under the Contract are insufficient for completion, the Contractor or Surety shall pay to the Agency within 5 days after the completion, all costs in excess of the sums due. The provisions of this section shall be in addition to all other rights and remedies available to the Agency under law. 6-5 TERMINATION OF CONTRACT. The Board may terminate the Contract at its own discretion or when conditions encountered during the Work make it impossible or impracticable to proceed, or when the Agency is prevented from proceeding with the Contract by act of God, by law, or by official action of a public authority. 6-6 DELAYS AND EXTENSIONS OF TIME. 6-6.1 General. If delays are caused by unforeseen events beyond the control of the Contractor, such delays will entitle the Contractor to an extension of time as provided herein, but the Contractor will not be entitled to damages or additional payment due to such delays, except as provided in 6-6.3. Such unforeseen events may include: war, government regulations, labor disputes, strikes, fires, floods, adverse weather or elements necessitating cessation of work, inability to obtain materials, labor or equipment, required extra work, or other specific events as may be further described in the Specifica- tions. No extension of time will be granted for a delay caused by the Contractor's inability to obtain materials unless the Contractor furnishes to the 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 con- struction 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 Contractor will not be entitled to damages or additional payment due to such delays, except as provided in Section 6-6.3. If delays beyond the Contractor's control are caused solely by action or inaction by the Agency, such delays will entitle the Contractor to an extension of time as provided in Section 6-6.2. 6-6.2 Extensions of Time. Extensions of time, when granted, will be based upon the effect of delays to the Work. They will not be granted for noncontrolling delays to minor portions of the Work unless it can be shown that such delays did or will delay the progress of the Work. 6-6.3 Payment for Delays to Contractor. The Contractor will be compensated for damages in- curred 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. ^^^^^ ccr\-4 o ry -rry _i f\A 6-6,4 Written Notice and Report. The Contractor shall provide written notice to the Engineer within two hours of the beginning of any period that the Contractor has placed any workers or equipment on standby for any reason that the Contractor has determined to be caused by the Agency or by any organization that the Agency may othenwise be obligated by. The Contractor shall provide continuing daily written notice to the Engineer, each working day, throughout the duration of such period of delay. The initial and continuing written notices shall include the classification of each workman and super- visor and the make and model of each piece of equipment placed on standby, the cumulative duration of the standby, the Contractor's opinion of the cause of the delay and a cogent explanation of why the Contractor could not avoid the delay by reasonable means. Should the Contractor fail to provide the notice(s) required by this section the Contractor agrees that no delay has occurred and that it will not submit any claim(s) therefore. 6-7 TIME OF COMPLETION. 6-7.1 General. The Contractor shall complete the Work within the time set forth in the Contract. The Contractor shall complete each portion of the Work within such time as set forth in the Contract for such portion. The time of completion of the Contract shall be expressed in working days. The Con- tractor shall diligently prosecute the work to completion within 70 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 Con- tractor or on behalf of the Contractor as an eligible member of a contractor association, 5. any day the Contractor is prevented from working at the beginning of the workday for cause as defined in Section 6-6.1, 6. any day the Contractor is prevented from working during the first 5 hours with at least 60 per- cent of the nonnal work force for cause as defined in Section 6-6.1. Unless othenwise approved in writing by the Engineer, the hours of work shall be between the hours of 7:00 a.m. and 4:00 p.m. on Mondays through Fridays, excluding Agency holidays. The Contractor shall obtain the written approval of the Engineer if the Contractor desires to work outside said hours or at any time during weekends and/or holidays. This written permission must be obtained at least 48 hours prior to such work The Engineer may approve work outside the hours and/or days stated herein when, in his/her sole opinion, such work conducted by the Contractor is beneficial to the best interests of the Agency. The Contractor shall pay the inspection costs of such work. 6-7.3 Contract Time Accounting. The Engineer will make a daily determination of each working day to be charged against the Contract time. These detenninations will be discussed and the Con- tractor will be furnished a periodic statement showing allowable number of working days of Contract time, as adjusted, at the beginning of the reporting period. The statement will also indicate the number of working days charged during the reporting period and the number of working days of Contract time remaining. If the Contractor does not agree with the statement, it shall file a written protest within 15 days after receipt, setting forth the facts of the protest. Othenwise, the statement will be deemed to have been accepted. Revised 11/24/10 Contract No. 5501-2 Page 77 of 91 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY. The Work will be inspected by the Engi- neer for acceptance upon receipt of the Contractor's written assertion that the Work has been com- pleted. The Engineer will not accept the Work or any portion of the Work before all of the Work is completed and all outstanding deficiencies that may exist are corrected by the Contractor and the Engineer is satisfied that all the materials and workmanship, and all other features of the Work, meet the require- ments of all of the specifications for the Work. Use, temporary, interim or permanent, of all, or portions of, the Work does not constitute acceptance of the Work. If, in the Engineer's judgment, the Work has been completed and is ready for acceptance the Engineer will so certify to the Board. Upon such certification by the Engineer the Board may accept the completed Work. Upon the Board's acceptance of the Work the Engineer will cause a "Notice of Completion" to be filed in the office of the San Diego County Recorder. The date of recordation shall be the date of completion of the Work. All work shall be warranted for one (1) year after recordation of the "Notice of Completion" and any faulty work or materials discovered during the warranty period shall be repaired or replaced by the Contractor, at its expense. Twenty-five percent of the faithful performance bond shall be retained as a warranty bond for the one year warranty period. The Contractor shall replace or repair any such defective work in a manner satisfactory to the Engineer, after notice to do so from the Engineer, and within the time specified in the notice. If the Contractor fails to make such replacement or repairs within the time specified in the notice, the Agency may perform this work and the Contractor's sureties shall be liable for the cost thereof. 6-9 LIQUIDATED DAMAGES. Failure of the Contractor to complete the Work within the time al- lowed 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 one hundred Dollars ($100.00) 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. ^,im^ Execution of the Contract shall constitute agreement by the Agency and Contractor that one hundred dollars per day is the minimum value of costs and actual damages caused by the Contractor to com- plete 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 negli- gence. The Contractor will not be required to reclean such portions of the improvement before field acceptance, except for cleanup made necessary by its operations. Nothing in this section shall be construed as relieving the Contractor from full responsibility for correcting defective work or materials. In the event the Agency exercises its right to place into sen/ice and utilize all or part of any completed facility or appurtenance, the Agency will assume the responsibility and liability for injury to persons or property resulting from the utilization of the facility or appurtenance so placed into service, except for any such injury to persons or property caused by any willful or negligent act or omission by the Con- tractor, Subcontractor, their officers, employees, or agents. Revised 11 /24/10 Contract No. 5501-2 Paae 78 of 91 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, disorderiy, 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 applica- ble provisions of the Labor Code and Federal, State, and local laws related to labor. The Contractor shall strictly adhere to the provisions of the Labor Code regarding minimum wages; the 8-hour day and 40-hour week; overtime; Saturday, Sunday, and holiday work; and nondiscrimina- tion because of race, color, national origin, sex, or religion. The Contractor shall forfeit to the Agency the penalties prescribed in the Labor Code for violations. In accordance with the Labor Code, the Board has on file and will publish a schedule of prevailing wage rates for the types of work to be done under the Contract. The Contractor shall not pay less than these rates. Each worker shall be paid subsistence and travel as required by the collective bargaining agreement on file with the State of California Department of Industrial Relations. The Contractor's attention is directed to Section 1776 of the Labor Code which imposes responsibility upon the Contractor for the maintenance, certification, and availability for inspection of such records for all persons employed by the Contractor or Subcontractor in connection with the project. The Con- tractor shall agree through the Contract to comply with this Section and the remaining provisions of the Labor Code. 7-3 LIABILITY INSURANCE. Insurance shall be required as specified in section 10 of the Public Works Contract. The cost of this insurance shall be included in the Contractor's Bid. 7-4 WORKERS' COMPENSATION INSURANCE. Before execution of the Contract by the Board, the Contractor shall file with the Engineer the following signed certification: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to un- dertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." The Contractor shall also comply with Section 3800 of the Labor Code by securing, paying for, and maintaining in full force and effect for the duration of the contract, complete Workers' Compensation Insurance, and shall furnish a Certificate of Insurance to the Engineer before execution of the Contract. Revised 11 /24/10 Contract No. 5501-2 Page 79 of 91 The Agency, its officers, or employees, will not be responsible for any claims in law or equity occa- sioned by failure of the Contractor to comply with this paragraph. All compensation insurance policies shall bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration or proposed cancellation of such policies for any reason whatsoever, the Agency shall be notified by registered mail not less than 30 days before expiration or cancellation is effective. All insurance is to be placed with insurers that are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. Policies issued by the State Compensation Fund meet the requirement for workers' com- pensation insurance. 7-5 PERMITS. Except as specified herein the Contractor will obtain, at no cost to the Contractor all City of Carisbad encroachment, right-of-way, grading and building permits necessary to perform work for this contract on Agency property, streets, or other rights-of-way. Contractor shall not begin work until all permits incidental to the work are obtained. The Contractor shall obtain and pay for all permits for the disposal of all materials removed from the project. The cost of said permit(s) shall be included in the price bid for the appropriate bid item and no additional compensation will be allowed therefore. The Contractor shall obtain and pay for all costs incurred for permits necessitated by its operations such as, but not limited to, those permits required for night work, overioad, blasting, and demolition. For private contracts, the Contractor shall obtain all permits incidental to the Work or made necessary by its operations, and pay all costs incurred by the permit requirements. The Contractor shall pay all business taxes or license fees that are required for the work. 7-5.1 Resource Agency Permits. (Not used) 7-5.2 Relations with the Railroad. (Not used) 7-6 THE CONTRACTOR'S REPRESENTATIVE. Before starting work, the Contractor shall desig- nate in writing a representative who shall have complete authority to act for it. An alternative repre- sentative may be designated as well. The representative or altemate shall be present at the Wori< site whenever work is in progress or whenever actions of the elements necessitate its presence to take measures necessary to protect the Work, persons, or property. Any order or communication given to this representative shall be deemed delivered to the Contractor. A joint venture shall designate only one representative and alternate. In the absence of the Contractor or its representative, instructions or directions may be given by the Engineer to the superintendent or person in charge of the specific work to which the order applies. Such order shall be complied with promptly and referred to the Con- tractor or its representative. In order to communicate with the Agency, the Contractor's representative, superintendent, or person in charge of specific work shall be able to speak, read, and write the English language. 7-7 COOPERATION AND COLLATERAL WORK. The Contractor shall be responsible for ascer- taining the 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. RoulctaH 11/94/1 n Cnntracit Nn FiPin-\-C> Pana RH nt Qi The Contractor shall include in its Bid all costs involved as a result of coordinating its work with others, the Contractor will not be entitled to additional compensation from the Agency for damages resulting from such simultaneous, collateral, and essential work. If necessary to avoid or minimize such damage or delay, the Contractor shall redeploy its work force to other parts of the Work. Should the Contractor be delayed by the Agency, and such delay could not have been reasonably foreseen or prevented by the Contractor, the Engineer will determine the extent of the delay, the effect on the project, and any extension of time. 7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility companies dur- ing the relocation or construction of their lines. The Contractor may be granted a time extension if, in the opinion of the Engineer, a delay is caused by the utility company. No additional compensation will be made to the Contractor for any such delay. 7-8 PROJECT SITE MAINTENANCE. 7-8.1 Cleanup and Dust Control. Throughout all phases of construction, including suspension of work, and until the final acceptance, the Contractor shall keep the site clean and free from rubbish and debris. The Contractor shall also abate dust nuisance by cleaning, sweeping and sprinkling with water, or other means as necessary. The use of water resulting in mud on public streets will not be permitted as a substitute for sweeping or other methods. When required by the Plans or Specifications, the Contractor shall furnish and operate a self-loading motor sweeper with spray nozzles at least once each working day for the purpose of keeping paved areas acceptably clean wherever construction, including restoration, is incomplete. Materials and equipment shall be removed from the site as soon as they are no longer necessary. Before the final inspection, the site shall be cleared of equipment, unused materials, and rubbish so as to present a satisfactory clean and neat appearance. All cleanup costs shall be included in the Contractor's Bid. Care shall be taken to prevent spillage on haul routes. Any such spillage shall be removed immediately and the area cleaned. Excess excavation material from catch basins or similar structures shall be removed from the site immediately. Sufficient material may remain for use as backfill if pennitted bythe Specifications. Forms and form lumber shall be removed from the site as soon as practicable after stripping. Failure of the Contractor to comply with the Engineer's cleanup orders may result in an order to sus- pend work until the condition is corrected. No additional compensation will be allowed as a result of such suspension. Cleanup and dust control required herein shall also be executed on weekends and other non-working days when needed to preserve the health safety or welfare of the public. The Contractor shall conduct effective cleanup and dust control throughout the duration of the Contract. The Engineer may require increased levels of cleanup and dust control that, in his/her sole discretion, are necessary to presen/e the health, safety and welfare of the public. Cleanup and dust control shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. 7-8.2 Air Pollution Control. The Contractor shall not discharge smoke, dust, or any other air con- taminants into the atmosphere in such quantity as will violate the regulations of any legally constituted authority. Revised 11/24/10 Contract No. 5501-2 Page 81 of 91 7-8.3 Vermin Control. At the time of acceptance, structures entirely constructed under the Contract shall be free of rodents, insects, vermin, and pests. Necessary extermination work shall be arranged ^^»^_ and paid for by the Contractor as part of the Work within the Contract time, and shall be performed by a licensed exterminator in accordance with requirements of governing authorities. The Contractor shall be liable for injury to persons or property and responsible for the elimination of offensive odors result- ing from extermination operations. 7-8.4 Sanitation. The Contractor shall provide and maintain enclosed toilets for the use of employ- ees engaged in the Work. These accommodations shall be maintained in a neat and sanitary condi- tion. They shall also comply with all applicable laws, ordinances, and regulations pertaining to public health and sanitation of dwellings and camps. Wastewater shall not be interrupted. Should the Contractor disrupt existing sewer facilities, sewage shall be conveyed in closed conduits and disposed of in a sanitary sewer system. Sewage shall not be permitted to flow in trenches or be covered by backfill. 7-8.5 Temporary Light, Power, and Water. The Contractor shall furnish, install, maintain, and re- move, as directed by the Engineer, 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, and maintenance, cleanup, testing and interim operation of the equipment installed. The Contractor shall coordinate with CMWD for acquisition and installation of temporary water service meter. Fees for the water meter will be waved. The Contractor shall pay all costs of temporary light, power including hookup, sen/ice, meter and any, and all, other charges, de- posits and/or fees therefore. The temporary electric service shall be transferred to the City of Carlsbad before completion of work. 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 pro- tect channels, storm drains, and bodies of water from pollution. It shall conduct and schedule opera- tions so as to minimize or avoid muddying and silting of said channels, drains, and waters. Water pollution control work shall consist of constructing those facilities which may be required to provide prevention, control, and abatement of water pollution. The Contractor shall comply with the California State Water Resources Control Board (SWRCB) Or- der Number 99-08-DWQ, National Pollutant Discharge Elimination System (NPDES) General Pennit Number CAS000002, Waste Discharge Requirements (WDR's) for Discharges of Stonnwater Runoff associated with Construction Activity (General Permit) and subsequent adopted modifications and with all requirements of the Stomn Water Pollution Prevention and Monitoring Plans for this project in accordance with these regulations. 7-8.7 Drainage Control. The Contractor shall maintain drainage within and through the work areas. Earth dams will not be permitted in paved areas. Temporary dams of sandbags, asphaltic concrete, or other acceptable material will be permitted when necessary. Such dams shall be removed from the site as soon as their use is no longer necessary. 7-8.8 Noise Control. All internal combustion engines used in the construction shall be equipped with mufflers in good repair when in use on the project with special attention to the City Noise Control Ordinance, Carisbad Municipal Code Chapter 8.48. 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS. The Contractor shall be responsible forthe protection of public and private property adjacent to the Work and shall exercise(^% due caution to avoid damage to such property. Revised 11 /24/10 Contract No. 5501-2 Page 82 of 91 The Contractor shall repair or replace all existing improvements within the right-of-way which are not designated for removal (e.g., curbs, sidewalks, driveways, fences, walls, signs, utility installations, V . pavement, structures, etc.) which are damaged or removed as a result of its operations. When a por- tion of a sprinkler system within the right-of-way must be removed, the remaining lines shall be capped. Repairs and replacements shall be at least equal to existing improvements and shall match them in finish and dimension. Maintenance of street and traffic signal systems that are damaged, temporarily removed or relocated shall be done in conformance with 307-1.5. 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 in- cluded in the Bid. 7-10 PUBLIC CONVENIENCE AND SAFETY. 7-10.1 Traffic and Access. The Contractor's operations shall cause no unnecessary inconvenience. The access rights of the public shall be considered at all times. Unless othenwise authorized, traffic shall be pennitted to pass through the Work, or an approved detour shall be provided. Safe and adequate pedestrian and vehicular access shall be provided and maintained to: fire hydrants; commercial and industrial establishments; churches, schools and pari<ing lots; sen/ice stations and motels; hospitals; police and fire stations; and establishments of similar nature. Access to these facil- ities shall be continuous and unobstructed unless othenwise approved by the Engineer. Safe and adequate pedestrian zones and public transportation stops, as well as pedestrian crossings of the Work at 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 neces- sary 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 collec- tion and removal of trash and garbage to maintain existing schedules for these sen/ices. Grading operations, roadway excavation and fill construction shall be conducted by the Contractor in a manner to provide a reasonably satisfactory surface for traffic. When rough grading is completed, the roadbed surface shall be brought to a smooth, even condition satisfactory for traffic. Unless othenwise authorized, work shall be 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. Revised 11 /24/10 Contract No. 5501-2 Page 83 of 91 The Contractor shall schedule the work so as to prevent damage by all traffic, including but not limited to mail delivery. The Contractor shall not schedule work so as to conflict with trash pickup. The trash hauling schedule can be obtained by calling the City's contracted waste disposal company. Coast Waste Management at 929-9417. During overiay operations, the Contractors schedule for overiay application shall be designated to provide residents and business owners whose streets are to be overiaid sufficient paved parking within an 800 foot distance from their homes or businesses. Seventy-two hours prior to the start of any construction in the public right-of-way that affects vehicular traffic and/or parking or pedestrian routes, the Contractor shall give written notification of the impend- ing disruption. For a full street closure, all residences and/or businesses on the affected street or alley shall be notified. For partial street closures, or curb, sidewalk and driveway repairs, the residences and/or businesses directly affected by the work shall be notified. The notification shall be hand delivered and shall state the date and time the work will begin and its anticipated duration. The notification shall list two telephone numbers that may be called to obtain additional information. One number shall be the Contractor's permanent office or field office and the other number shall be a 24-hour number answered by someone who is knowledgeable about the project. At least one of the phone numbers shall be in the (760) area code. An answering machine shall not be connected to either number. The notification shall also give a brief description of the work and simple instructions to the home or business owner on what they need to do to facilitate the con- struction. The Contractor shall submit the contents of the notification to the Engineer for approval. Notices shall not be distributed until approved by the Engineer. For residences, the notification shall be pre-cut in a manner that enables it to be affixed to a doorknob without adhesives. It shall be a minimum size of 3-1/2 inches by 8-1/2 inches and shall be brightly colored with contrasting printing. The material shall be equivalent in strength and durability to 65 Ib. card stock. The printing on the notice shall be no smaller than 12 point. An example of such notice is provided in Appendix "A". In addition to the notifications, the contractor shall post no parking signs 72 hours in advance of the work being performed. The no parking signs shall state the date and time of parking restriction for a duration not to exceed the time necessary to complete the work at that location. Failure of the con- tractor 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 pari<ing signs shall be removed and re-posted 72 hours in advance of the rescheduled work. The preparation, materials, printing and distribution of the notifications shall be included in the contract price bid for traffic control and the Contractor will not be entitled to any additional compensation for printing and distributing these notices. The contractor shall replace all street markings and striping damaged by construction activities. The Contractor shall include in its Bid all costs for the above requirements. 7-10.2 Storage of Equipment and Materials in Public Streets. Construction materials shall not be stored in streets, roads, or highways for more than 5 days after unloading. All materials or equipment not installed or used in construction within 5 days after unloading shall be stored elsewhere by the Contractor at its expense unless authorized additional storage time. Construction equipment shall not be stored at the Work site before its actual use on the Work nor for more than 5 days after it is no longer needed. Time necessary for repair or assembly of equipment may be authorized by the Engineer. Excavated material, except that which is to be used as backfill in the adjacent trench, shall not be stored in public streets unless othenwise permitted. After placing backfill, all excess material shall be removed immediately from the site. 7-10.3 Street Closures, Detours, Barricades, (not used) 7-10.4 Safety. 7-10.4.1 Safety Orders. The Contractor shall have at the Work site, copies or suitable extracts of: Construction Safety Orders, Tunnel Safety Orders and General Industry Safety Orders issued by the State Division of Industrial Safety. The Contractor shall comply with provisions of these and all other applicable laws, ordinances, and regulations. Before excavating any trench 5 feet or more in depth, the Contractor shall submit a detailed plan to the Agency showing the design of shoring, bracing, sloping, or other provisions to be made for the workers' protection from the hazard of caving ground during the excavation of such trench. If the plan varies from the shoring system standards, the plan shall be prepared by a registered Civil Engineer. No excavation shall start until the Engineer has accepted the plan and the Contractor has obtained a permit from the State Division of Industrial Safety. A copy of the permit shall be submitted to the Engineer. Payment for performing all work necessary to provide safety measures shall be included in the prices bid for other items of work except where separate bid items for excavation safety are provided, or required by law. 7-10.4.2 Use of Explosives. Explosives may be used only when authorized in writing by the Engi- neer, 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 sub- stances or mixtures may be required on the Work. A Material Safety Data Sheet as described in Sec- tion 5194 of the California Code of Regulations shall be requested by the Contractor from the manu- facturer of any hazardous products used. Material usage shall be accomplished with strict adherence to California Division of Industrial Safety requirements and all manufacturer warnings and application instructions listed on the Material Safety Data Sheet and on the product container label. The Contractor shall notify the Engineer if a specified product cannot be used under safe conditions. 7-10.4.4 Confined Spaces. (a) Confined Space Entry Program. The Contractor shall be responsible for implementing, administer- ing and maintaining a confined space entry program (CSEP) in accordance with Sections 5156, 5157 and 5158, Title 8, CCR. Revised 11 /24/10 Contract No. 5501-2 Page 85 of 91 Prior to starting the Work, the Contractor shall prepare and submit its comprehensive CSEP to the Engineer. The CSEP shall address all potential physical and environmental hazards and contain pro- cedures 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 personnel, assigned to the project who will have CSEP responsibilities, their CSEP training, and their specific assignment and responsibility in carrying out the CSEP. (b) Permit-Required Confined Spaces. Entry into permit-required confined spaces as defined in Sec- tion 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 con- fined spaces until the pre-entry procedures demonstrate othenwise. The Contractor shall implement a permit space program prior to performing any work in a permit-required confined space. A copy of the permit shall be available at all times for review by Contractor and Agency personnel at the Work site. (c) Payment. Payment for implementing, administering, and providing all equipment and personnel to perform the CSEP shall be included in the bid items for which the CSEP is required. 7-10.4.5 Safety and Protection of Workers and Public. The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the work is being performed. The Contractor shall erect and properly maintain at all times, as required by the conditions and progress of the work, all neces- sary safeguards for the protection of workers and public, and shall use danger signs warning against hazards created by such features of construction as protruding 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 in- demnify and hold the Agency hannless from any legal action that may be brought for infringement of patents. 7-12 ADVERTISING. The names, addresses and specialties of Contractors, Subcontractors, ar- chitects, or engineers may be displayed on removable signs. The size and location shall be subject to the Engineer's approval. Commercial advertising matter shall not be attached to or painted on the surfaces of buildings, fences, canopies, or barricades. 7-13 LAWS TO BE OBSERVED. The Contractor shall keep fully informed of State and National ^mi^ laws and County and Municipal ordinances and regulations which in any manner affect those em-C|^ ployed in the Work or the materials used in the Work or in any way affect the conduct of the Work. Da./iooH H/0/l/ln r?/->ntrar-t Mr> t;t;ni-0 Dana aa nt ai 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, services, or materials pur- suant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec 15) or Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, ser- vices, or materials pursuant to the public works contract or subcontract. The assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment of the parties." Revised 11/24/10 Contract No. 5501-2 Page 87 of 91 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 measure- ments or dimensions in horizontal planes. However, linear quantities of pipe, piling, fencing and timber shall be considered as being the true length measured along longitudinal axis. Unless othenwise provided in Specifications, volumetric quantities shall be the product of the mean area of vertical or horizontal sections and the intervening horizontal or vertical dimension. The planim- eter shall be considered an instrument of precision adapted to measurement of all areas. 9-1.2 Methods of Measurement. Materials and items of work which are to be paid for on basis of measurement shall be measured in accordance with methods stipulated in the particular sections in- volved. 9-1.3 Certified Weights. When payment is to be made on the basis of weight, the weighing shall be done on certified platform scales or, when approved by the Engineer, on a completely automated weighing and recording system. The Contractor shall furnish the Engineer with duplicate licensed weigh master'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 govem final payment. Payment to the Contractor will be made only for actual quantities of Contract items constructed in accordance with the Plans and Specifications. Upon completion of construction, if the actual quantities show either an increase or decrease from the quantities given in the Bid schedule, the Contract Unit Prices will prevail subject to the provisions of Section 3-2.2.1. The unit and lump sum prices to be paid shall be full compensation for the items of work and all appurtenant work, including furnishing all materials, labor, equipment, tools, and incidentals. Payment will not be made for materials wasted or disposed of in a manner not called for under the Contract. This includes rejected material not unloaded from vehicles, material rejected after it has been placed, and material placed outside of the Plan lines. No compensation will be allowed for dis- posing of rejected or excess material. Payment for work performed or materials furnished under an Assessment Act Contract will be madeC ^ as provided in particular proceedings or legislative act under which such contract was awarded. """"'^ ,ie.nrl 1-mAHr\ r^nntraf^t Nin t^CiM.O Dtana aa nt Ol 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 be- coming due from the Agency. Whenever immediate action is required to prevent injury, death, or property damage, and precautions which are the Contractor's responsibility have not been taken and are not reasonably expected to be taken, the Agency may, after reasonable attempt to notify the Contractor, cause such precautions to be taken and shall charge the cost thereof against the Contractor, or may deduct such cost from any amount due or becoming due from the Agency. Agency action or inaction under such circumstances shall not be construed as relieving the Contractor or its Surety from liability. Payment shall not relieve the Contractor from its obligations under the Contract; nor shall such pay- ment be construed to be acceptance of any of the Work. Payment shall not be construed as the trans- fer of ownership of any equipment or materials to the Agency. Responsibility of ownership shall remain with the Contractor who shall be obligated to store any fully or partially completed work or structure for which payment has been 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 applicable laws. At the expiration of 35 days from the date of acceptance of the Work by the Board, or as prescribed by law, the amount deducted from the final estimate and retained by the Agency will be paid to the Contractor except such amounts as are required by law to be withheld by properly executed and filed notices to stop payment, or as may be authorized by the Contract to be further retained. 9-3.2 Partial and Final Payment. The Engineer will, after award of Contract, establish a closure date for the purpose of making monthly progress payments. The Contractor may request in writing that such monthly closure date be changed. The Engineer may approve such request when it is com- patible with the Agency's payment procedure. Each month, the Engineer will make an approximate measurement of the work performed to the clo- sure date as basis for making monthly progress payments. The estimated value will be based on contract unit prices, completed change order work and as provided for in Section 9-2 of these General Provisions. Progress payments shall be made no later than thirty (30) calendar days after the closure date. Five (5) working days following the closure date, the Engineer shall complete the detailed pro- gress pay estimate and submit it to the Contractor for the Contractor's information. Should the Con- tractor assert that additional payment is due, the Contractor shall within ten (10) days of receipt of the progress estimate, submit a supplemental payment request to the Engineer with adequate justification supporting the amount of supplemental payment 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 pay- ment request is not proper, then the request shall be returned to the Contractor as soon as practicable, but not later than seven (7) days after receipt. The returned request shall be accompanied by a doc- ument setting forth in writing the reasons why the supplemental payment request was not proper. In conformance with Public Contract Code Section 20104.50, the City shall make payments within thirty (30) days after receipt of an undisputed and properly submitted supplemental payment request from the Contractor. If payment of the undisputed supplemental payment request is not made within thirty Revised 11/24/10 Contract No. 5501-2 Page 89 of 91 V (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 re- mainder less the amount of all previous payments will be paid. After 50 percent of the Work has been completed and if progress on the Work is satisfactory, the deduction to be made from remaining pro- gress estimates and from the final estimate may be limited to $500 or 10 percent of the first half of total Contract amount, whichever is greater. No progress payment made to the Contractor or its sureties will constitute a waiver of the liquidated damages under 6-9. As provided in Section 22300 of the California Public Contract Code, the Contractor may substitute securities for any monies withheld by the Agency to ensure perfonnance under the Contract. After final inspection, the Engineer will make a Final Payment Estimate and process a corresponding payment. This estimate will be in writing and shall be for the total amount owed the Contractor as determined by the Engineer and shall be itemized by the contract bid item and change order item with quantities and payment amounts and shall show all deductions made or to be made for prior payments and amounts to be deducted under provisions of the contract. All prior estimates and progress pay- ments shall be subject to correction in the Final Payment Estimate. The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make written statement disputing any bid item or change order item quantity or payment amount. The Contractor shall provide all documentation at the time of submitting the statement supporting its position. Should the Contractor fail to submit the statement and supporting documentation within the time specified, the Contractor acknowledges that full and final payment has been made for all contract bid items and change order items. If the Contractor submits a written statement with documentation in the aforementioned time, the En- gineer will review the disputed item within 30 calendar days and make any appropriate adjustments on the Final Payment. Remaining disputed quantities or amounts not approved by the Engineer will be subject to resolution as 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 responsilDility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to detennine the facts or contentions involved in its claims. Failure to submit such infonnation and details will be sufficient cause for denying payment for the disputed items. 9-3.2.1 Payment for Claims. Except for those final payment items disputed in the written statement required in Section 9-3.2 all claims of any dollar amount shall be submitted in a written statement by the Contractor no later than the date of receipt of the final payment estimate. Those final payment items disputed in the written statement required in Section 9-3.2 shall be submitted no later than 30 days after receipt of the Final Payment estimate. No claim will be considered that was not included in this written statement, nor will any claim be allowed for which written notice or protest is required under any provision of this contract including Sections 3-4 Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has complied with notice or protest requirements. ^0^^ Revised 11/24/10 Contract No. 5501 -2 Paae 90 of 91 The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said claims. The Engineer will consider and determine the Contractor's claims and it will be the responsibility of the Contractor to furnish within a reasonable time such further infor- mation and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying the claims. Payment for claims shall be processed within 30 calendar days of their resolution for those claims approved by the Engineer. The Contractor shall proceed with informal dispute resolution under Sec- tion 3-5, Disputed Work, for those claims remaining in dispute. 9-3.3 Delivered Materiais. 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 oper- ations and not directly attributable to any specific bid item will be included in the progress estimate. When no such bid item is provided, payment for such costs will be considered to be included in the other items of work. 9-3.4.1 Mobilization and Preparatory Work, Payment for mobilization and preparatory Work will be included in the various items of work and no other payment will be made. 9-4 BID ITEMS. Payment for each Bid Item shall be made at the quantity and type as listed in the Contractor's Proposal. All work shown or mentioned on the plans, in the Contract Documents, General Provisions, or Technical Provisions/Specifications shall be considered as included in the Bid Items. Contractor must protect existing utilities, improvements, landscaping, irrigation systems, and vegeta- tion in place. If damaged during the wori<. Contractor is responsible to repair or replace any utilities, improvements, landscaping, irrigation systems, and vegetation at his expense. Bid Item No. 1, Biological Odor Control Unit Lump Sum Provide and install biological odor control. The contract lump sum price shall include full compensation for fumishing all labor, materials, tools, equipment, and incidentals, and for completing work shown on the plans and specifications. Revised 11/24/10 Contract No. 5501-2 Page 91 of 91 SECTION 01010 SUMMARY OF WORK PART 1 - GENERAL 1.01 GENERAL A. The Work to be performed under this Contract shall consist of fumishing all tools, equipment, materials, supplies, and manufactured articles and fumishing all labor, transportation and services, including fiiel, power, water, and essential communications, and perfonning all work, or other operations required for the fulfillment ofthe Contract in strict accordance with the Contract Documents. The Work shall be complete, and all work, materials and services not expressly indicated or called for in the Contract Documents which may be necessary for the complete and proper construction of the work in good faith shall be provided by the Contractor as though originally so indicated, at no increase in cost to the Owner. B. The work under this contract shall conform to the Standard Specifications for Public Works Construction, 2012 Edition (Green Book). 1.02 WORK COVERED BY CONTRACT DOCUMENTS A. Work Covered bv Contract Documents: 1. Prepare site for installation of odor control unit as shown on the contract plans, including coordinating the removal of the existing carbon odor scrubber, installation of the odor control unit's concrete pad. 2. Fumish and install of biological odor control unit as shown and specified in the plans and contract documents. 3. Fumish and install electrical supply conduit and conductors between the existing designated breaker panel in the adjacent building SDGE electric room and the new odor control unit. 5. Fumish and install temporary water service from the indicated fire hydrant to the odor control unit as required in the contract plans and specifications. Fumish and install security fencing with gating for the odor control unit as shown on the plans and specifications. 6. Start up and training for City Staff. 7. Coordinate and cooperate with the property owner to avoid any impacts to the daily operation of the existing businesses. 1.03 WORK BY OTHERS A. Interference with Work on Utilities: The Contractor shall cooperate fully with all utility forces of the Owner or forces of other public or private agencies engaged in the relocation, altering, or otherwise rearranging of any facilities which interfere with the progress of the work, and shall schedule the work so as to minimize interference with said relocation, altering, or other rearranging of facilities. B. Concurrent Work by Other Contractors: the Contractor's attention is directed to the fact that work may be conducted at or adjacent to the site by other contractors during the performance of the work of this Contract. The Contractor shall conduct his operations so as to cause a minimum of interference with the work of such other contractors. Buena Sewer Odor Control Unit Summary of Work Contract No. 5501-2 June 2015 01010-1 1.04 SPECIFIC COORDINATION AND MILESTONE REQUIREMENTS A. Coordination Requirements: The Contractor shall coordinate the work of this Contract with the work of other contractors on the project site. Coordination activities include, but are not limited to, the scheduling of work at interface locations to permit adjacent or connecting work by other contractors, providing necessary shop drawing information to other contractors, and working with other contractors. 1.05 CONTRACTOR'S USE OF THE PROJECT SITE A. The Contractor's use of the project site shall be limited to his constmction operations. On-site storage of materials and on-site fabrication facilities will be limited to areas approved by owner, subject to environmental, traffic, and community relations considerations. These areas (however limited in extent) will be identified by Owner subsequent to contract award. B. The Contractor's use of the project site and surrounding area is fiirther limited by the restrictions of the permits included in the contract. C. The Contractor's use of the public right-of-way is restricted to the hours defined in Paragraph 1.09 (A) of Section 01560 or as may be modified by Contractor's traffic control plans as approved by a local jurisdictional agency. At the end of each workday the entire work area shall be swept free of all soil and constmction debris for re-opening of the work area to traffic, bicycles, and pedestrians. 1.06 OWNER'S USE OF THE PROJECT SITE A. The Owner may utilize all or part of the existing site during the entire period of constmction. The Contractor shall cooperate and coordinate with the Owner and the Constmction Manager to facilitate the Owner's operations and to minimize interference with the Contractor's operations at the same time, hi any event, the Owner shall be allowed access to the project site during the period of constmction. 1.07 DEFINITIONS APPLICABLE TO TECHNICAL SPECIFICATIONS A. The following words have the meaning defined in the Technical Portions of the work: 1. Indicated: Is a word used to direct the Contractor to information contained on the drawings or in the specifications. Terms such as "shown," "noted," "scheduled," and "specified" also may be used to assist in locating information but no limitation of location is implied or intended. 2. Fumish: Means to supply and deliver to the site, to unload and unpack ready for assembly, installation, testing, and start-up. 3. Install: Defines operations at the site including assembly, erection, placing, anchoring, applying, shaping to dimension, finishing, curing, protecting, and cleaning, ready for the Owner's use. 4. Provide: Is defined as fumish and install, ready for the intended use. 5. Installer: A person or firm engaged by the Contractor or any subcontractor for the perfonnance of installation, erection, or application work at the site. Installers must be expert in the operations they are engaged to perform. Buena Sewer Odor Control Unit Summary of Work Contract No. 5501-2 June 2015 01010-2 PART 2 - PRODUCTS (NOT APPLICABLE) ^^^^^^ """^saifi'J'" PART 3 - EXECUTION (NOT APPLICABLE) END OF SECTION 3 Buena Sewer Odor Control Unit Summary of Work Contract No. 5501-2 June 2015 01010-3 SECTION 15900 PACKAGED BIOLOGICAL ODOR CONTROL SYTEM 1. GENERAL 1.01 DESCRIPTION A. SCOPE 1. This section specifies requirements for a packaged 2-stage biological odor control system of unitary constmction, including requirements for system constmction, components, materials, fiinctional testing, quality, and use. 2. The contractor shall fiimish all labor, materials, equipment and incidentals required to fumish and install a packaged biological odor control system as shown on the drawings and specified herein. 3. The entire system shall consist of the following major components: a) FRP Inlet Duct b) 4" Riser with Damper c) FRP Inlet Damper d) FRP Exhaust Fan e) FRP Vessel with Extended Deck f) Inorganic Biological Media (Stage 1) g) Activated Carbon Media (High H2S Capacity ) (Stage 2) h) Air Distribution System i) Media Irrigation System and Water Cabinet j) FRP Electrical Control Panel k) Nutrient Tank 1) Nutrient Pump m) FRP Exhaust Stack B. SYSTEM DESCRIPTION 1. The biological odor control system shall consist of an exhaust fan, FRP vessel, inorganic biological media, activated carbon media, air and irrigation system, control panel, exhaust stack, FRP inlet ductwork, dampers, valves, piping and all other equipment and accessories for a complete system. 2. The complete odor control system shall be packaged and of unitary constmction design. All components of the system shall be mounted on the vessel. No exception to this requirement is allowed. 3. The packaged biological odor control system shall be a once-through system. The system is equipped with an exhaust fan that continuously draws the odor-laden air from the process areas into the biological odor control system for treatment. The biological odor control system shall be a two-stage system. Stage 1 shall utilize an inert, porous, mineral. Buena Sewer Odor Control Unit Odor Control System Contract No. 5501-2 June 2015 15900 - 1 expanded clay material designed to remove hydrogen sulfide (H2S) and resist compaction and degradation from the acidic sulfates ofthe biological oxidation of the hydrogen sulfide. Stage 2 shall utilize a pelletized coal activated carbon media to remove any remaining hydrogen sulfide as well as other odorous organic compounds. The first stage shall operate with an independently confrolled irrigation process to provide Stage 1 media with adequate moisture to sustain bacterial growth and to remove toxic byproducts. The irrigation process shall be controlled by a programmed timing sequence that actuates a solenoid valve located on the water supply piping. Nutrients shall trickle down over the media to enhance and sustain the biological activity. The nufrients shall be housed in a tank and shall be dosed into the system by a nutrient pump. A pre-wired confrol panel shall be provided to ensure proper control and operation of the system. The cleaned air is discharged to the atmosphere through the stack(s) at the top of the unit. The odor control system shall be designed for the following operating conditions: Model Number I-BOXTM 6000 Quantity 1 Airfiow Rate, cfm 580 Average Inlet H2S Cone. 150 Peak Inlet H2S Cone. 200 The odor control system shall demonstrate the following performance: INLET OUTLET 1-10 ppm H2S 0.1 ppmH2S >10 ppm H2S 1.0% of inlet The pressure drop across the biological odor control system shall not exceed 5.0" w.c at the maximum airflow rate specified above. REFERENCE STANDARDS 1. PS 15-69: National Bureau of Standards Voluntary Product Standard "Custom Contact Molded Reinforced Polyester Chemical Resistant Process Equipment." 2. ASTM D-883: "Definition of Terms relating to Plastics." 3. ASTM D-25 83: "Test for Indentation Hardness of Rigid Plastics by Means of Barcol Impressor." 4. ASTM D-2563: "Recommended Practice for Classifying Visual Defects in Glass Reinforced Plastic Laminate Parts." 5. ASTM D-4097-82: "Standard Specifications for Contact Molded Glass Fiber Reinforced Thermoset Resin Chemical Resistant Tanks." Buena Sewer Odor Control Unit * xr^ CCA1 1 Odor Control System 1 ';onn. o 1.02 QUALITY ASSURANCE A. MANUFACTURER REQUIREMENTS All equipment provided under this section shall be obtained from a single manufacturer, who shall: 1. Assume full responsibility for the completeness and proper operation of the biological odor control system. 2. Have experience; be reputable and qualified iii designing and manufacturing biological odor control system equipment. The odor control system manufacturer shall show evidence of at least ten (10) identical 2-stage design installations of the type specified in wastewater plants with specified non-proprietary biofiltration media. 3. Supply units containing all necessary appurtenances and components for a complete and operating system conforming to this specification. The entire system shall be pre- assembled, piped, wired, and factory tested prior to shipment to facilitate installation and start-up at the jobsite. The overall system footprint, including the vessel, fan, nutrient tank, nutrient pump, water irrigation piping, water cabinet and accessories, control panel and appurtenances shall not exceed the dimensions shown on the contract drawings. The system equipment layout shall match site requirements. Any exception to this requirement is not acceptable. 4. Supply units with inorganic biological odor control media. Provision of organic biological media shall not be acceptable. Systems using any type of structured, synthetic media shall not be acceptable. Systems using any proprietary media shall not be acceptable. 5. The complete biological odor control system, including vessel, fan, media, nutrient tank, nufrient pump, water irrigation cabinet, piping and accessories, and controls shall be constmcted to be a single piece of unitary constmction. Only inlet duct, riser with damper, and inlet damper shall be shipped loose for installation by the contractor. Any exception to this requirement is not acceptable. 6. To ensure quality and complete unit responsibility, the complete system must be assembled and tested by the manufacturer at its facility and be a standard and regularly marketed product of that manufacturer. The manufacturer must have a physical plant, technical and design staff, and fabricating personnel to complete the work specified. 7. The owner reserves the right to be present at the manufacturer's facility for visual inspection of equipment to be supplied and to witness factory fiinctional testing. 8. The system manufacturer shall have service center and capabilities as defined in section 3.04 B. SPECIFIED MANUFACTURERS 1. Biological odor control system shall be used as manufactured and supplied by Integrity Municipal Systems, LLC (IMS), Poway, CA, (858) 486-1620. The owner is aware of no other supplier that is an equal to the specified manufacturer and product. C. WARRANTY 1. The manufacturer shall warrantee that the equipment provided shall be free of defects in material and workmanship for a period of 12 months from beneficial occupancy. The warranty period shall not extend beyond 18 months from delivery of the system to the jobsite. Buena Sewer Odor Control Unit Odor Control System Contract No. 5501-2 June 2015 15900-3 D. PRODUCT SUBMITTALS 1. The following product data shall be submitted by the biological odor confrol system manufacturer for review and approval by the engineer prior to the fabrication of the system: 2. Shop drawings and catalog literature showing dimensional information, details of piping and fabrication and erection of all materials and equipment fiimished under this section 3. Drawing of general arrangement and major system components 4. Process and Instmmentation drawing 5. Experience and qualifications requirements (section 1.02.A) 6. Service center/manufacturing facility information (section 3.04) 7. Resume of factory engineer providing services (section 3.05) 8. Major system component information and descriptive literature for the following: a) Exhaust fan b) Nufrient pump c) Water irrigation cabinet d) Vessel Fabrication System controls and control panel details including power and control wiring diagrams, terminals, and numbers e) Miscellaneous instmmentation and accessories f) Installation instructions g) Operating weight of all equipment E. OPERATION AND MAINTENANCE MANUALS 1. Detailed Operation and Maintenance (O&M) Manual for the system shall be provided by the manufacturer. A total of two (2) copies of O&M manuals are required. F. MANUFACTURER SERVICES 1. The system manufacturer shall be present at the jobsite for the following time period after the system is installed, travel time excluded. 2. Twenty-four (24) hours for system startup, certification of proper installation and training of owner's staff in operation of the system. 3. Provide one frip for three (3) days for these tasks. 2. PRODUCTS 2.01 BIOLOGICAL ODOR CONTROL SYSTEM The odor control gas treatment system shall be a once-through biologically active odor removal system treating the odorous air from the contaminated process areas. The system shall be designed for continuous and automatic operation as well as manual operation as required. The biological odor control system shall be a two-stage system. The system shall consist of one biological treatment stage (Stage 1) followed by a high H2S capacity activated carbon polishing stage (Stage 2) in series. The first stage shall be wetted with fresh potable or reuse make-up water. The first stage shall include a spray header to distribute liquid evenly over the media. FRP vessel, inorganic biological media, activated carbon media, exhaust fan, exhaust stack, nutrient tank, nutrient pump, water irrigation system, air distribution system, control panel and all other required appurtenances shall be pre-assembled as complete 2-stage biological odor control system package. Components ofthe biological odor control system shall comply with this specification. The entire system shall be pre-assembled, piped, wired, and factory tested prior to shipment. Buena Sewer Odor Control Unit Odor Control System rnntrar-t-Wn SSOI-? June2015 15900-4 2.02 FRP VESSEL A. The biological odor control system shall consist of a fiberglass reinforced plastic (FRP) vessel with extended deck. The vessel shall be of unitary constmction. No modular constmction or flanged pieces are allowed for the vessel itself. B. The system vessel shall have all components pre-mounted and piped. The system vessel shall be shipped as one piece (Except for inlet duct, riser with damper, and inlet damper, which will be shipped loose). The system shall be included with all piping, valves and intemals. The system top shall be removable for access to the top of the vessel's second stage. C. The biological odor confrol system shall be manufactured with the following material of constmction according to following fabrication method: 1. Vessel and accessories shall be contact molded manufactured in accordance with NBS PSl5-69, ASTM 4097 for contact molding. 2. Resin used in fabrication shall be a premium vinyl ester resin such as Hetron 922 or Derakane 411 by Ashland Chemical, Vipel FOIO by AOC or approved equal. The resin shall be reinforced with an inner veil of suitable synthetic organic fiber such as Nexus 111- 00010. Any material of constmction other than FRP with premium grade resin shall not be acceptable. 3. Reinforcement: Glass fiber reinforcement used shall be commercial grade corrosion resistant borosilicate glass. 4. Fabrication: General: Fabrication shall be in accordance with NBS PS 15-69, ASTM D 3299 and ASTM D-4097. All non-molded surfaces shall be coated with resin incorporating paraffin to facilitate a fiill cure of the surface. All cut edges, bolt holes, secondary bonds shall be sealed with a resin coat prior to the final paraffinated resin coat. Corrosion Liner: The inner surface of all laminates shall be resin rich and reinforced with one NEXUS 111-00010 with a minimum thickness of 10 mils. The interior corrosion layer shall consist of two layers of 1 1/2 oz. per sq. ft. chopped strand mat. The total corrosion liner thickness shall be a minimum of 100 mils. Stmctural Laminate: Sfructural laminates shall consist of alternating layers of 1-1/2 ounce per sq. feet mat of chopped glass and 24 oz per sq. yard woven roving applied to reach a designed thickness. The exterior shall be surface coated with white gel coat containing ultra violet light inhibitors. D. Access Manways: The vessel shall be provided with access manways to allow access to the intemals ofthe odor control system. As a minimum, access manways shall be provided between stages. E. Media support and screen: The system vessel shall be provided with an HDPE and FRP support system with polypropylene screen to accommodate the biological media and carbon media beds. F. Vessel Accessories: The system shall be provided with all piping, valves and intemals. Air inlet, air outlet, spray headers, drain and all vessel fittings shown on the drawings shall be provided by the Manufacturer. Buena Sewer Odor Control Unit Odor Control System Contract No. 5501-2 June 2015 15900-5 H. Hardware and Gaskets: All hardware and anchor lugs shall be 316 stainless-steel. All bolts shall be designed for the specified loads. Gaskets shall be a minimum of 1/8" thick, full face, EPDM, suitable for the intended service. Neoprene Pad: A %" thick, 60 durometer neoprene pad must be placed undemeath the scmbber vessel during installation. 2.03 ODOR CONTROL MEDIA A. The system shall use in Stage 1 an inorganic expanded clay biological media as the support substrate for selectively growing sulfiir-oxidizing autotrophic bacteria. The media shall be randomly dumped in the vessel to allow a low pressure drop. The media is porous and is resistant to hydrogen sulfide (H2S) and acidic conditions. The media shall be non-proprietary and commercially available. B. The system shall use in Stage 2 a coal based high H2S capacity activated carbon media to adsorb residual H2S and other odor compounds. This Stage shall provide final removal of odors to specified level. The H2S capacity of the coal based carbon shall be 0.3 g/cc. C. Overall media depth shall be a minimum of 48 inches. 2.04 EXHAUST FAN A. General. Fan shall be centrifiigal design manufactured of FRP with a radial blade wheel. No other material of constmction is acceptable. The wheel shall be statically and dynamically balanced. The fan inlet shall be slip type and the fan outiet shall have a fianged nozzle. The fan will be provided with a double lip type shaft seal. The fan shall be mounted on the vessel's deck. No exceptions are allowed. B. Fan shall be supplied with a TEFC motor with 1.15 service factor suitable for single phase, 60 Hz, 240 volt service. The fan shall be du-ect driven. C. Performance. The fan shall be tested and rated in accordance with AMCA and shall bear the AMCA seal. D. The fan shall be New York Blower, Hartzell or equal. E. The fan shall be designed for the following specifications: Model Number I-BOXTM 6000 Airflow Rate, cfm 580 S.P. up to System Inlet, in W.C 1.0 Pressure Drop across System 4.0 Total Pressure Drop, in W.C 5.0 Motor, HP 3.0 Buena Sewer Odor Control Unit June 2015 Odor Control System 15900-6 2.05 FRP EXHAUST STACK A. The scmbber system shall be provided with an exhaust stack manufactured of FRP. B. The exhaust stack shall be contact molded and manufactured in accordance with NBS PS15-69 and ASTM D-4097 for contact molding. The resin used in the fabrication of the exhaust stack shall be the same as that used for the main vessel such as such as Hetron 922 or Derakane 411 by Ashland Chemical, Vipel FOIO by AOC or approved equal. 2.06 SYSTEM ELECTRICAL CONTROL PANEL A. The electrical control panel shall house all required controls for the entire system. The electrical confrol panel is pre-mounted on the system and pre-wired at the factory. B. The control panel enclosure shall be rated NEMA 3R and shall be made of FRP. The control panel shall be factory tested to full operation with all other components prior to shipment. C. The confrol panel shall provide electrical confrol for the entire system with as a minimum the following switches, alarms and accessories: 1. "On-Off' switch for Exhaust Fan 2. "Exhaust Fan Running" indicator light 3. "Hand-Off-Auto" switch for Nutrient Pump 4. "Nutrient Pump Running" indicator light 5. Push button switch with status lights for water valve 6. Timer relay for on/off control of water valve D. The power supply shall be 240V, 1 ph, 60 Hz. E. Control panel shall be provided with terminal strip as required for easy wiring connections by the contractor. 2.07 INSTRUMENTATION AND WATER CONTROLS A. The water irrigation confrols shall be mounted in a completely separator water cabinet on the vessel and shall consist of the following components: 1. Ball valves 2. Pressure reducing valve 3. Pressure gauge 4. Solenoid valve 5. Gate control valve 6. Rotameter- Variable area type with a Teflon float, EPR O-rings and PVC fittings. The rotameter shall have a direct reading scale. 7. Nutrient injection connection 8. Water fill piping for nutrient 9. Nutrient pump B. An independent media irrigation system is incorporated into Stage 1 to provide the biological media with adequate moisture. The system shall be designed to irrigate the top of the first media bed with complete and even coverage via spray nozzles. Potable water or plant effluent water can be used provided that residual chlorine concentrations are less than 5 ppm. Buena Sewer Odor Control Unit Odor Control System Contract No. 5501-2 June 2015 15900-7 2.08 PIPING A. All make-up water and drain piping shall be SCH 80 PVC. 2.09 INTEGRATED NUTRIENT RESERVOIR AND NUTRIENT PUMP A. Nutrient Addition: The packaged biological odor control system uses a non-proprietary, commercially available fertilizer to provide essential nutrients to optimize the growth of sulfur- oxidizing bacteria. Nutrients supplied as a coating to the support media or proprietary nutrients shall not be allowed. The system shall be equipped with a nutrient addition system that provides a controlled dosage of nutrients that is automatically fed to the irrigation water during each irrigation cycle with the help of a nutrient pump. B. The Nutrient reservoir shall be integral to the system and mounted on the system deck. The nutrient reservoir shall be made of FRP. Loose nutrient tanks shall not be acceptable. C. The Nufrient pump shall be solenoid type and shall be mounted in the water cabinet. 3. EXECUTION 3.01 FACTORY ASSEMBLY AND TESTING A. Each system shall be pre-assembled at the manufacturing location. B. System(s) shall be tested at the location of assembly to assure they are in full operational and working order per the requirements of the specific design(s) for the project as described in this specification. C. Engineer and/or Owner reserve the right to be present at the manufacturer's testing facility to witness the factory fiinctional testing. Engineer and/or Owner shall provide intent to witness functional testing at the time of the design submittal review and approval, and manufacturer shall provide notice to Engineer and/or Owner regarding the scheduled time of the functional testing at least five business days in advance of the proposed functional testing. D. Factory testing shall include visual inspection of all equipment, complete assembly and functional operating testing of components including piping and equipment check, and verification of control panel wiring and operation. 3.02 DELIVERY AND INSTALLATION A. System(s) shall be packaged and shipped so as not to incur damage to any portion of the system through handling and installation of the system itself B. System(s) shall be installed per the manufacturer's guidelines and recommendations. Installation shall include the re-assembly of any items separately packaged for protection during shipment. Site preparation, utility service and installation are not provided by the Manufacturer under these specifications. Buena Sewer Odor Control Unit Odor Control System rnntr-cknfMn <;^ni.7 Time901 s isonn.R C. The following shall be included with installation: 1. FRP inlet piping from pick-up point source to system inlet connection. 2. Wiring to/from system control panel to remote-mounted equipment, plant SCADA, etc. 3. Power to system control panel (240V, single phase, 60 Hz, 25 Amps). 4. Suitable concrete mounting pads and other incidentals as necessary to complete the installation. 5. Drain- a minimum of 2 inches PVC gravity drain to sewer with a barometric frap. 6. Water Supply- a % inch water supply with backflow preventer is required. The nominal water requirements are at a rate of 6.0 gpm and a pressure of 200 kPa (30 psi). Hardness shall not exceed 200 mg/1 as calcium carbonate. 7. The inlet duct will include a 6" damper in main line and a 4" riser with a damper for dilution air. 8. Install a FRP cover on top of the manhole with a 6" intake ducting, a 2" coupling for makeup air and a 1" coupling for drain. 9. The scmbber drain will be plumbed to manway hole. 3.03 FIELD START-UP A. A factory representative from manufacturer shall be present at the jobsite for initial system start-up of equipment as specified in section 1.02.F. Factory representative will insure that system is properly installed, will start-up the system and train owner's personnel. 3.04 SERVICE CENTERMANUFACTURING FACILITY A. The biological odor control system manufacturer shall have complete, ongoing service capability with factory trained personnel. The service center/manufacturing facility shall be located in southem California within 60 miles of the jobsite for quick response. The service center/manufacturing facility shall be staffed with full-time employees of the odor control system supplier. A manufacturer's sales representative office shall not be acceptable. B. The service center/manufacturing facility shall be able to provide the following services: field H2S measurements, airflow rate measurements, provision of replacement parts and operational froubleshooting. 3.05 MONTHLY SERVICES A. The biological odor control system manufacturer shall perform monthly services at the jobsite during the warranty period. The services shall include a monthly site visit by a factory engineer for equipment inspection. Only services conducted by a factory engineer are acceptable. Factory engineer shall have intimate familiarity with design and operation of identical system through more than 5 year documented experience in the odor control industry designing, testing and servicing odor control system of the size, materials and scope specified herein. Services conducted by a manufacturer's sales representative or agent are not acceptable. B. Each month, all components of the system shall be checked by the factory engineer to verify proper operation and performance. The airflow rate shall be checked and the system proper operation and performance verified. A quarterly report shall be provided for the monthly visits. *** END OF SECTION *** Buena Sewer Odor Control Unit Odor Control System Contract No. 5501-2 June 2015 15900-9 SECTION 16050 ELECTRICAL GENERAL PROVISIONS PART 1 - GENERAL 1.01 REQUIREMENTS A. Provide all tools, supplies, materials, equipment, and all labor necessary for the fumishing, constmction, installation, testing, and operation of all electrical work and appurtenant work necessary to provide a complete and operable electrical system, all in accordance with the requirements of the Contract Documents. B. Make all field connections and terminations to all motors, switchgear, panels, control equipment and devices, instmments, and to all vendor-fumished packaged equipment as required by these Specifications. The provisions of this Section shall apply to all electrical items specified in the plans and specifications except where otherwise specified or shown in the Contract Documents. C. Fumish and install all materials and incidentals required to complete the electrical work as specified herein. Typical materials which may be incidentals shall not be limited to terminal lugs not fumished with vendor-supplied equipment, compression connectors for cables, splices, junction and terminal boxes, and all control wires required by vendor-fumished equipment to interconnect with other equipment all specifically shown on the Contract Documents. 1.02 REFERENCE SPECIFICATIONS, CODES, AND STANDARDS A. All work specified herein shall conform to or exceed the applicable requirements of the referenced portions of the following publications to the extent that the provisions thereof are not in conflict with other provisions of these specifications. NEC National Elecfrical Code, latest edition ANSI C80.1 Zinc Coated, Rigid Steel Conduit, Specification for ANSI C80.4 Fittings for Rigid Metal Conduit and Electrical Metallic Tubing, Specifications for ANSI/UL 467 Grounding and Bonding Equipment, Safety Standard for ASTM B3 Soft or Annealed Copper Wire ICEA S-61-402 Thermoplastic - Insulated Wire and Cable NEMA 250 Enclosures for Electrical Equipment (1,000 volts maximum) NEMA PB-1 Panelboards UL 6 Rigid Metal Elecfrical Conduit UL 44 Rubber - Insulated Wire and Cable. UL 514 Electrical Outlet Boxes and Fittings B. All equipment fiimished by the Contractor shall be listed by and shall bear the label of Underwriters' Laboratories, Incorporated, (UL) or of an independent testing laboratory acceptable to the local Code-enforcement agency having jurisdiction. Buena Sewer Odor Control Unit Electrical General Provisions Confract No. 5501-2 June 2015 16050-1 C. The constmction and installation of all electrical equipment and materials shall comply with all applicable provisions ofthe OSHA Safety and Health Standards (29CFR1910 and 29CFR1926, as applicable), State Building Standards, and applicable local codes and regulations. 1.03 PERMITS AND INSPECTION A. Permits shall be obtained and inspection fees shall be paid for as specified the General Conditions. 1.04 CONTRACTOR SUBMITTALS A. Shop drawings and catalog data submittals shall be in accordance with General Provisions 2-5.3 - Contractor Submittals. 1. Submit complete material lists for the work of this Section. Such lists shall state manufacturer and brand name of each item or class of material. Also submit shop drawings for all grounding work not specifically shown. 2. Shop drawings are required for materials and equipment listed in other sections. Shop drawings shall provide sufficient information to evaluate the suitability of the proposed material or equipment for the intended use, and for compliance with these Specifications. The following shall be included: 3. Front, side, rear elevations and top views with dimensional data. 4. Location of conduit entrances and access plates. 5. Component data. 6. Connection diagrams, terminal numbers, intemal wiring diagrams, conductor size, and cable numbers. 7. Method of anchoring, seismic requirement; weight. 8. Types of materials and finish. 9. Nameplates. 10. Temperature limitations, as applicable. 11. Voltage requirement, as applicable. 12. Front and rear access requirements. B. Catalog data shall be submitted to supplement all shop drawings. Catalog cuts, bulletins, brochures, or the like or photocopies of applicable pages thereof shall be submitted for mass produced, non- custom manufactured material. These catalog data sheets shall be stamped to indicate the project name, applicable Specification section and paragraph, model number, and options. This information shall be marked in spaces designated for such data in the stamp. 1.05 QUALITY ASSURANCE A. The Drawings diagrammatically indicate the desired location and arrangement of outlets, conduit mns, equipment, and other items. Exact locations shall be proposed by the Contractor and approved by the District in the field based on the physical size and arrangement of equipment, finished elevations, and other obstmctions. Locations shown on the Drawings, however, shall be adhered to as closely as possible. B. Conduit and equipment shall be installed in such a manner as to avoid all obstmctions and to preserve head room and keep openings and passageways clear. Lighting fixtures, switches, convenience outlets, and similar items shall be located within finished rooms, as shown. Where the Drawings do not indicate exact locations, such locations shall be obtained from the Engineer. Buena Sewer Odor Control Unit Electrical General Provisions Contract No. 5501-2 June 2015 16050- 2 Where equipment is installed without instruction and must be moved, it shall be moved without additional cost to the District. C. Install all materials and equipment in accordance with printed recommendations of the manufacturer which have been reviewed by the Engineer. Use workmen skilled in this type of work and coordinate installation in the field with other trades so that interference's are avoided. D. Do all work, including installation, connection, calibration, testing, adjustment, and paint touch- up, using qualified, experienced personnel working under continuous, competent supervision. The completed installation shall display competent work, reflecting adherence to prevailing industrial standards and methods. E. Provide adequate means for and shall fully protect all finished parts of the materials and equipment against damage from any cause during the progress of the work and until acceptable by the Engineer. F. Cover all materials and equipment, both in storage and during constmction, in such a manner that no finished surfaces will be damaged, marred, or splattered with water, foam, plaster, or paint. Keep all moving parts clean and dry. G. Replace or have refinished by the manufacturer all damaged materials or equipment, including faceplates of panels and switchboard sections, at no expense to the District. H. Make all tests required by the Engineer or other authorities having jurisdictions. All such tests shall be witnessed by City and be performed in the presence of the Engineer. Fumish all necessary testing equipment and pay all costs of tests, including all replacement parts and labor necessary due to damage resulting from damaged equipment or from test and correction of faulty installation. Do the following testing: 1. Testing for the ground resistance value specified under "Grounding," herein. 2. Insulation resistance tests as specified under "Wire and Cable," herein. 3. Operational testing of all equipment fumished and/or connected in other Sections of Division 16, Electrical, including fumishing of support labor for testing. I. Submit standard test reports for mass-produced equipment along with the shop drawing for such equipment. Submit test reports on testing specifically required for individual pieces of equipment to the Engineer for review prior to final acceptance of the project. J. Correct any test failure in accordance with the industry practices and in a manner satisfactory to the Engineer. 1.06 AREA DESIGNATIONS A. For purposes of delineating electrical enclosure and electrical installation requirements of this project, certain areas have been classified in the Contract Documents as defined below. Elecfrical installations within these areas shall conform to the referenced code requirements for the area involved. B. General Purpose Indoor Locations: Electrical work installed in areas which are not otherwise specifically classified shall be "General Purpose." Workmanship and enclosures shall comply with the general requirements of these Specifications. Electrical enclosures shall be NEMA Type 1. C. Outdoor and Damp Locations: In outdoor locations, raceway shall be PVC coated rigid galvanized ^'•il^ steel conduit; entrances shall be threaded; and fittings shall have gasketed covers. Provisions shall Buena Sewer Odor Control Unit Electrical General Provisions Contract No. 5501-2 June 2015 16050- 3 be made to drain the fitting or conduit system. Threaded fastening hardware and Unistmt shall be stainless steel or PVC-coated steel. Raceway supports such as hanger rods, clamps, and brackets shall be stainless steel. Attachments or welded assemblies shall be galvanized after fabrication. Locations which are indoors and 2 feet below grade elevation or which are classified as damp locations on the Drawings shall have electrical installations which conform to the requirements for outdoor locations. "Damp locations" shall include drywells. D. Hazardous Locations: Wet well is classified as Class I, Division 1, Group D locations and all installation and equipment installed in wet well shall comply with these requirements. Conduit installations shall be in accordance with NEC Article 500. 1.07 CLEANUP A. In addition to the requirements of "Cleanup" in Section 01700 - Project Closeout, thoroughly clean all parts of the materials and equipment. Thoroughly clean exposed parts of cement, plaster, and other materials. Remove all oil and grease spots with a non-flammable cleaning solvent. Carefiilly wipe such surfaces and scrape out all cracks and comers. Paint touch-up shall be applied to all scratches on panels and cabinets. Electrical cabinets or enclosures shall be vacuum-cleaned before final acceptance. B. During the progress of the work, clean the premises including metal filings and leave the premises and all portions of the site free of debris. 1.08 DEMOLITION AND RELATED WORK A. Perform all electrical demolition work as shown or specified. B. Do not reuse wire, conduit, junction boxes, fittings, supports and miscellaneous hardware removed as part of the demolition work. C. Wires and/or conduits which need to be extended shall be terminated in a new terminal box with terminal strips or splices. Identify wires and before disconnection and after reconnection. D. Electrical demolition work shall be as shown on the Drawings or as required by the Specifications. 1.09 INSTALLATION OF NEW EQUIPMENT EV EXISTING STRUCTURES A. Installation for certain new equipment and devices' installation are required in existing stmctures. Under this phase of the work, to remove existing equipment or devices, install new equipment as required by these Specifications or by the Drawings, remove existing conductors from existing raceway, and pull new conductors in existing raceway, reconnect existing conductors or furnish and install new conduit and wires as required by the Drawings. B. Visit the site before bidding and carefiilly examine existing installation so that the bid will reflect all the work necessary to provide a complete installation so that the resulting installation will function as required by the Drawings and Specifications. Include in its bid price all costs of labor and materials necessary to complete installations. 1.10 MODIFICATIONS TO EXISTING ELECTRICAL FACILITIES A. Make all modifications or alterations to existing electrical facilities required to successfully install and integrate the new elecfrical equipment as shown. Make all modifications to existing equipment, panels, or cabinets shall be made in a professional manner with all coatings repaired to match existing. Include the total costs for all modifications to existing electrical facilities required for a complete and operating system shall be included in the bid price and no additional payment for the Buena Sewer Odor Control Unit Electrical General Provisions Contract No. 5501-2 June 2015 16050- 4 work will be paid. Exercise extreme caution in digging trenches in order not to damage existing underground utilities. Pay cost of repairs of damages caused during constmction. PART 2 - PRODUCTS 2.01 GENERAL A. All equipment and materials shall be new, shall be listed by UL, and shall bear the UL label, where UL requirements apply. All equipment and materials shall be the products of experienced and reputable manufacturers in the industry. Similar items in the project shall be products of the same manufacturer. All equipment and materials shall be oflndustrial grade and standard of constmction; shall be of sturdy design and manufacture; and shall be capable of reliable, trouble-free service. 2.02 GROUNDING A. All power and control conduits shall have ground conductors 2.03 RACEWAYS A. Raceway shall be manufactured in accordance with UL and ANSI standards and shall bear UL label as applicable. B. Galvanized Rigid Steel (GRS) Conduit 1. Rigid steel conduits and fittings shall be full weight, mild steel, hot-dip galvanized and zinc bichromate coated inside and outside after galvanizing. 2. Rigid steel conduit shall be manufactured in accordance with UL Standard No.6 and ANSI 80-1. 3. Rigid steel conduit shall be manufactured by Triangle PWC, Republic Steel, or approved ^NWT equal. C. Flexible metallic conduit shall be fabricated from galvanized inter-locked steel strip. Liquid-tight flexible metallic conduit shall have extmded PVC covering over the flexible steel conduit. For conduit sizes 3/4-inch through 1-1/4 inch, flexible conduits shall have continuous built-in copper ground conductor. Flexible conduit shall be American Brass, Anaconda, Elecfroflex, or approved equal. D. PVC-coated raceway system shall conform to ANSI C80.1, and to Underwriter's Laboratories specifications. 1. The factory finished surfaces of the conduits and fittings shall remain intact and undisturbed on both the inside and the outside of the conduit through the preparation and application processing. Coatings damaged during installation are to be cleaned of oil and debris and coated with zinc enriched paint inside and out. 2. A PVC coating shall be bonded to the galvanized outer surface of the conduit. The bond between the PVC coating and the conduit surface shall be greater than the tensile strength of the plastic. 3. The thickness of the PVC coating shall be a minimum of 40 mils. 4. A PVC jacketed coupling shall be ftimished with each length of conduit. A PVC sleeve equal to the OD of the conduit shall extend 1-1/2 inches from each end of coupling. 5. PVC-coated conduits shall be as manufactured by Robroy, Occidental (OCCAL), or approved equal. Buena Sewer Odor Control Unit Electrical General Provisions Contract No. 5501-2 June 2015 16050-5 O 6. The proper tools are required for threading and installing PVC coated conduit. Damage to the PVC outside jacket should be minimal. Minor damage is to be patched by conduit manufacturers patch coating. Severe coating damage (as determined by the Owner's representative) may require replacement ofthe conduit. 2.04 WIRE AND CABLE A. All conductors, including ground conductors, shall be copper. Insulation shall bear UL label and the manufacturer's trademark, type, voltage and temperature rating, and conductor size. Wire and cable shall be products of American, Rome Cable, Okonite, Houston, Southwire, Manhattan, or approved equal. B. All control cables shall be rated for 600 volts and shall meet the following requirements: 1. Control wires shall consist of No. 14 gage stranded copper conductors and shall be XHHW rated for 90 degrees C at dry locations and 75 degrees C at wet locations. 2. Control wires inside panels may be MTW. 3. Multi-conductor control cable shall be rated at 600 volts and shall consist of No. 14 gage stranded copper conductors, individually insulated with a minimum of 20 mils of polyethylene, 10 mils fiill color coded PVC jacket over each insulated conductor, a polyester tape over assembly, and an overall PVC jacket. Muhi-conductor cable shall be identified by either ICEA color coding or ink imprinting. Muhi-conductor cables may be used in conduits or cable trays as required by the Drawings. Multi-pull taped control conductor assemblies may be used in conduits as approved by the Engineer. C. Shielded instrumentation cables shall be rated at 300 volts and shall comply with the following requirements: 1. Individual shielded cable shall consist of twisted 2 or 3 No. 18 gage, stranded, color coded, tinned-coated copper in accordance with ASTM B-33 and B-8. Color coding shall be black- clear, or black-red-clear. 2. Provide 100 percent aluminum foil/polyester shield and No. 18 stranded tinned copper drain wire, all under a 32 mil PVC jacket. The shield shall be continuous and shall be grounded only at the receiving end, or as shown. 3. Multi-individual shielded pair or triad instmmentation cable shall consist of individual shielded and twisted pair copper conductors with ethylene-propylene insulation, and No. 18 AWG tinned stranded copper drain wire, an overall aluminum mylar shield and an overall chloro-sulfonated polyethylene compound jacket. The cables shall be suitable for cable tray installation and shall be flame retardant. D. Building wires and cables shall be rated at 600 volts and shall meet the following requirements: 1. Building wire shall be single conductor copper cable listed by UL as Type XHHW rated 75 degrees C in wet locations and 90 degrees C in dry locations. 2. Building wire shall be stranded. 3. No wire smaller than No. 12 AWG shall be used unless specifically indicated. E. Cable terminations shall be in accordance with the following: 1. Compression connectors shall be Bumdy "Hi Lug", Thomas & Betts "Shure Stake", or approved equal. Threaded connectors shall be split bolt type of high strength copper alloy. 2. Spring connectors (wire nuts) shall be "Ideal Wing Nuts", or approved equal. 3M scotchlocks are not allowed. Buena Sewer Odor Confrol Unit Elecfrical General Provisions Confract No. 5501-2 June 2015 16050-6 3. Pre-insulated fork tongue lugs shall be "Thomas & Betts" RC Series, Bumdy, or approved equal. 4. General purpose insulating tape shall be Scotch No. 33, Plymouth "Slip-knot", or approved ' ""^ equal. High temperature tape shall be polyvinyl by Plymouth, 3M, or approved equal. 5. Resin splicing kits shall be Plymouth Plyflex, or approved equal. 6. Stress cone material for make-up of medium voltage shielded cable shall be by G & W, 3M, DuPont, or approved equal. 2.05 PULL AND JUNCTION BOXES A. Outlet, switch, pull and junction boxes where surface mounted in exposed locations shall be cast ferrous boxes with mounting lugs, zinc or cadmium plating, and enamel finish. Surface mounted boxes in concealed locations may be pressed steel. B. Control station, pull and junction boxes, including covers, for installation in corrosive locations shall meet the NEMA 4X requirements and shall be stainless steel or fiber glass-reinforced polyester and shall be fumished with mounting lugs. C. All cast boxes shall be fitted with cast, malleable box covers and gaskets. Cast boxes shall be as manufactifred by Crouse-Hinds, Appleton, or approved equal. 2.06 CONDUIT FITTINGS A. Fittings shall comply with the same requirements as the raceway with which they will be used. Fittings having a volume less than 100 cubic inches for use with rigid steel conduit shall be cast or malleable non-ferrous metal. Such fittings larger than one inch shall be "mogul size." Fittings shall be of the gland ring compression type. Covers of fittings, unless in "dry" locations, shall be closed with gaskets. Surface-mounted cast fittings, housing wiring devices in outdoor and damp locations, shall have mounting lugs. B. Insulated bushings shall be molded plastic or malleable iron with insulating ring, similar to 0-Z Type A and B, equivalent types by Thomas & Betts, Steel City, Appleton, 0-Z/Gedney, or approved equal. C. Insulated grounding bushings shall be malleable iron with insulating ring and with ground lug, such as 0-Z Type BL, equivalent types by T & B, Steel City, 0-Z/Gedney, or approved equal. D. Erickson couplings shall be used at all points of union between ends of rigid steel conduits which cannot be coupled. Running threads and threadless couplings shall not be used. Couplings shall be 3-piece type such as Appleton Type EC, equivalent types such as manufactured by T & B, Steel City, O-Z/Gedney, or approved equal. E. Liquid-tight fittings shall be similar to Appleton Type ST malleable iron, equivalent types such as manufactured by Crouse-Hinds, T&B, O-Z/Gedney, or approved equal. F. Hubs for threaded attachment of steel conduit to sheet metal enclosures, where required, shall be similar to Appleton Type HUB, equivalent types such as manufactured by T & B, Myers Scmtite, or approved equal. G. Transition fittings to mate steel to PVC conduit, and PVC access fitting, shall be as fumished or recommended by the manufacturer of the PVC conduit. Buena Sewer Odor Confrol Unit Elecfrical General Provisions Confract No. 5501-2 June 2015 16050-7 H. Use sealing fittings in conduit mns entering corrosive areas and elsewhere as shown. Sealing fittings shall be Appleton Type EYS, 0-Z Type FSK, or approved equal. Do not pour sealing compound in place until electrical installation has been otherwise accepted. I. Install expansion fittings wherever a raceway crosses a stmctural expansion joint. Such fittings shall be expansion and deflection type and shall accommodate lateral and fransverse movement. Fittings shall be O-Z/Gedney Type "DX," Crouse Hinds "XD," or approved equal. These fittings are required in metallic and non-metallic raceway installations. When the installation is in a non- metallic run, a 3-ft length of rigid conduit shall be used to connect the non-metallic conduit to the fitting. 2.07 WIRING DEVICES A. Receptacles: 1. General purpose duplex receptacles shall be grounding type, 125-volt, ac, 20 amperes, NEMA Configuration 5-20R, such as G.E. 4107-1 brown, Hubbell 5252, or approved equal. 2. Convenience receptacles for installation in outdoor and corrosive areas shall be NEMA 5- 20R configured and shall have stainless steel or nickel plated parts and plastic parts of Melamine. Hubbell 53CM62 20 ampere, or approved equal. 3. Ground fauh intermpter (GFI) receptacles shall be NEMA 5-20R configured and shall mount in a standard outlet box. Units shall trip at 5 milliamperes of ground current and shall comply with NEMA WD-1-1.10 and UL 943. GFI receptacles shall be capable of individual as well as "downstream" operation. GFI receptacles shall be Hubbell GF 5252, General Electric, or approved equal. 4. Explosion proof receptacles shall be factory sealed, grounding type, 125-volt, ac, 20 amperes, NEMA Configuration 5-20R rated for Class 1, Division 2 locations. Provide Appleton U-Line or approved equal. Provide matching plugs. B. Switches: 1. Switch shall have side wiring capability for stranded wire. Toggle switches shall be Hubbell No. 1221 brown, Bryant No. 4901 brown, or approved equal. 2. Explosion proof switches shall be factory sealed, 120-volt, ac, 20 amperes, rated for Class 1, Division 2 locations. Provide Appleton EDS or approved equal. 2.08 DISCONNECT SWITCHES A. The disconnect switches shall be extemally operated with quick-make/quick-break mechanisms. The handle shall be interlocked with the switch cover by means of a defeatable interlock device. The switch shall be padlockable in the "off position. Switches shall have nameplates stating manufacturer, rating, and catalog number. Heavy-duty switches shall have arc suppressors, pin hinges, and shall be horsepower rated at 600-vohs. All switches rated at 100 amperes or larger shall have auxiliary contact for remote status indication. Provide Heavy-duty switches for all motor circuits. B. Switch rating shall match the horsepower requirements of the load at the particular voltage ifnot otherwise shown. C Switch enclosure shall meet the area classification requirements. D. Switch shall be Square D, or approved equal. Buena Sewer Odor Confrol Unit Electrical General Provisions Confract No. 5501-2 June 2015 16050-8 2.09 ELECTRICAL IDENTIFICATION A. Fabricate nameplates from white-face, black-letter laminated plastic engraving stock, Formica type ES-1, or approved equal. Each shall be fastened securely, using fasteners of brass, cadmium plated steel, or stainless steel, screwed into inserts or tapped holes, as required. Engraved characters shall be block style of adequate size to be read easily at a distance of 6 feet with no characters smaller than 1/8-inch high. The nameplate information shall include equipment or feeder identification system voltage, current rating, and feeder source. B. Conductor and equipment identification devices shall be imprinted plastic-coated cloth marking devices such as manufactured by Brady, Thomas & Betts for power conductors, or approved equal, and shall be heat-shrink plastic tubing, imprinted split-sleeve markers cemented in place for monitoring and control conductors. Equipment nameplate shall be engraved plastic plates. PART 3 - EXECUTION 3.01 GROUNDING A. Size grounding cable in accordance with code requirements when sizes are not specifically called for on the Drawings. The location of ground rods shall be as shown. The length of rods forming an individual ground array shall be equal in length and shall be of the quantity required to obtain a ground resistance of no more than five (5) ohms. B. Maintain ground continuity throughout the facility by installing an electrically-continuous metallic raceway system. Install metallic raceway with double lock nuts or hubs at enclosures. Non-metallic raceway containing dc conductors operating at more than 50 volts to ground, or any ac conductors, shall contain a copper grounding conductor either bare, or green if insulated. Bond such conductor to terminal and intermediate metallic enclosures. 3.02 RACEWAYS A. Install raceways as shown, however, conduit routings shown are diagrammatic. Raceway systems shall be elecfrically and mechanically complete before conductors are installed. Bends and offsets shall be smooth and symmetrical, and shall be made with tools designed for the purpose intended. Use factory elbows for all 3/4-inch conduit. Make bends in larger sizes of metallic conduit accomplished by field bending or by the use of factory elbows. All installations shall be in accordance with the latest edition of the National Electrical Code. B. Install raceways in accordance with the following schedule: 1. Low Voltage Raceway (control, power, and communications): a. Use PVC-coated galvanized rigid steel raceways below grade, in the drywell, in concrete slabs, and all exposed outdoor locations. b. Use galvanized rigid steel (GRS) in the pump station above grade. 2. Exposed Raceways: a. Rigidly support conduits with clamps, hangers, and Unistmt channels. b. Intervals between supports shall be in accordance with the National Electric Code. C. Plug empty conduit terminations not in manholes or pull boxes. Install exposed raceway perpendicular or parallel to buildings. Terminate conduit with flush couplings at exposed concrete surfaces. Place conduit stubbed up for floor-standing equipment in accordance with approved shop drawings. Make metallic raceways installed below-grade or in outdoor locations and in concrete -^"^ with a conductive waterproof compound applied to threaded joints. Compound shall be Zinc Clads ^/ Buena Sewer Odor Confrol Unit Elecfrical General Provisions Confract No. 5501 -2 June 2015 16050- 9 Primer Coatings No. B69A45, HTL-4 by Crouse-Hinds, Kopr Shield by Thomas & Betts, or approved equal. D. Conduit may be cast integral with horizontal and vertical concrete slabs, providing two-inch clearance is maintained between conduit surface and concrete surface. If said clearance cannot be maintained, install the conduit exposed below elevated slabs; provided, that in the case of slabs on grade, install conduit below the slab and encase it with a minimum cover of 3 inches of concrete. Maximum size of conduit that can be cast in slab shall be 1-1/2 inches. E. Use flexible conduit at dry locations for the connection of equipment such as motors, fransformers, instmments, valves, or pressure switches subject to vibration or movement during normal operation or servicing. Flexible conduit may be used in lengths required for the connection of recessed lighting fixtures; otherwise the maximum length of flexible conduit shall be 18 inches. F. In other than dry locations, make connections using flexible liquid-tight conduit. Equipment subject to vibration or movement which is normally provided with wiring leads, such as solenoid valves, with a cast junction box for the make-up of connections. Flexible conduits shall be as manufactured by American Brass, Cablec, Elecfroflex, or approved equal. G. Perform conduit penefrations on walls and concrete stmctures in accordance with the following: 1. Seal all raceways entering stmctures at the first box or outlet with oakum or suitable plastic expandable compound to prevent the entrance into the stmcture of gases, liquids, or rodents. 2. Dry pack with nonshrink grout around raceways that penefrate concrete walls, floors, or ceilings aboveground, or use one of the methods specified for underground penefrations. 3. Where an underground conduit enters a sfructure through a concrete roof or a membrane waterproofed wall or floor, provide an acceptable, malleable iron, watertight, entrance sealing device. When there is no raceway concrete encasement specified or indicated, provide such device having a gland type sealing assembly at each end with pressure bushings which may be tightened at any time. When there is raceway concrete encasement specified or indicated, provide such a device with a gland type sealing assembly on the accessible side. Securely anchor all such devices into the masonry constmction with one or more integral flanges. Secure membrane waterproofing to such devices in a permanentiy watertight manner. 4. Unless otherwise shown or specified. All conduits shall be surface mounted. 5. Where an underground raceway without concrete encasement enters a stmcture through a nonwaterproofed wall or floor, install a sleeve made of rigid steel PVC-coated conduit. Fill the space between the conduit and sleeve with a suitable plastic expandable compound, or an oakum, on each side of the wall or floor in such a manner as to prevent enfrance of moisture. A watertight enfrance sealing device as specifled may be used in lieu of the sleeve. 3.03 WIRES AND CABLES A. Hand pull conductors of No.l AWG size and smaller. Larger conductors may be installed using power winches. Pulling tensions on the cables shall be within the limits recommended by the cable manufacturer. Wire pulling lubricant, where needed, shall be UL approved. B. Neatly group wire in panels, cabinets, and gutters using nylon tie straps, and shall be fanned out to terminals. Buena Sewer Odor Confrol Unit Elecfrical General Provisions Confract No. 5501-2 June 2015 16050- 10 C. Stranded conductors shall terminate directly on equipment lugs making sure that all conductor strands are confined within lug. Use forked-tongue lugs where equipment lugs have not been provided. D. Splices to motor leads in motor terminal boxes and any split boh or 2 bolt compression splices shall utilize Cambric Tape, Insulation splice tape such as Scotch 130C and Scotch 33+ or approved equal. E. Control devices, such as solenoid operated valves that are normally supplied with conductor pigtails shall terminate as described for confrol conductors. F. Test all confrol and instmmentation cables for continuity, polarity, undesirable ground, and origination. Perform such tests prior to placing all cables in service. 3.04 PULL AND JUNCTION BOXES A. Size pull and junction boxes in accordance with the requirements of the National Elecfrical Code. B. Use outlet boxes as junction boxes wherever possible. Where separate pull boxes are required, they shall have screw covers. Do not use outlet as pull boxes. C. Install pull boxes when conduit mn contains more than (3) 90-degree bends and mns exceed 100 feet. 3.05 CUTTING AND PATCHING A. Where it becomes necessary to cut into existing work for the purpose of making elecfrical installations, use core drills for making circular holes. Other demolition methods for other cutting or removing shall be approved by the Disfrict prior to starting the work. B. Repair all damage caused to other facilities. 3.06 EQUIPMENT ANCHORING A. Anchor freestanding or wall-hung equipment in place by methods that will meet seismic requirement in the area where project is located. B. Anchoring methods shall be either drop-in type or 1/4 inch wedge type and leveling criteria specified in the printed recommendations of the equipment manufacturers are a part of the work. 3.07 CABLE AND EQUIPMENT IDENTIFICATION A. Provide the completed elecfrical installation with adequate identification to facilitate proper confrol of circuits and equipment and to reduce maintenance effort. B. Assign to each control and insfrumentation wire and cable a unique identification number. Said numbers shall be assigned to all conductors having common terminals and shall be shown on all shop drawings. Identification numbers shall appear within 3 inches of conductor terminals. "Confrol" shall be defined as any conductor used for alarm, PLC, or signal purposes. C. All confrol wiring shall be color-coded and color continuity maintained throughout the system D. Mark all conductors at both ends with shrink fit markers which clearly display a computer generated circuit number at each end of the conductor. Buena Sewer Odor Confrol Unit Elecfrical General Provisions Confract No. 5501-2 June 2015 16050- 11 1. All spare cables shall be terminated on terminal screws and shall be identified with a unique number as well as with destination. " 2. Identify terminal strips by imprinted, plastic, marker sfrips attached under the terminal V-» strip. E. Equipment and devices as follows: 1. Provide nameplates for all switchboard breakers, panels, starters, switches, and pushbutton stations. In addition to the name plates, equip confrol devices with standard collar-type legend plates. 2. Tag empty conduits at both ends to indicate the destination at the far end. Where it is not possible to tag the conduit, identify destination by marking an adjacent surface. Install inch polypropylene pull cords in all empty conduits. END OF SECTION Buena Sewer Odor Conttol Unit Elecfrical General Provisions Confract No. 5501-2 June 2015 16050- 12