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HomeMy WebLinkAboutKeeton Construction Company (Vol. 1 of 3); 2014-08-19; PWS14-44PEM,t t\/ RECORDED REQUESTED BY ' 1... DOC# 2016-0328123 llllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll CITY OF CARLSBAD AND WHEN RECORDED PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 Notice is hereby given that: Jun 30, 2016 03:19PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr, SAN DIEGO COUNTY RECORDER FEES: $000 PAGES: 1 Space above this line for Recorder's use. PARCEL NO: n/a ~~--------------- NOTICE OF COMPLETION 1. The undersigned is owner of the interest or estate stated below in the property hereinafter described. 2. The full name of the undersigned is City of Carlsbad, a municipal corporation. 3. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California 92008. 4. The nature of the title of the undersigned is: In fee. 5. A work or improvement on the property hereinafter described was completed on Feb. 11, 2016. 6. The name of the contractor for such work or improvement is Keeton Construction, Inc. 7. The property on which said work or improvement was completed is in the City of Carlsbad, County of San Diego, State of California, and is described as follows: Project No. 4003, Fire Station 3. 8. The street address of said property is 3465 Trail Blazer Way in the City of Carlsbad. VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California, 92008; the City Council of said City on ~ ~ 8£ , 20Jia_, accepted the above described work as completed and order that a Not1ce of Completion be f1led. I declare under penalty of perjury that the foregoing is true and correct. Executed on 3l,J.J'\Q 8C\. AE#22,329 R.eso.# 2016-124 Word\Masters\Forms\Not1ce of Completion (City) , 20&, at Carlsbad, California. CITY OF CARLSBAD ·~'"a<hc~'6P-BARA ENGLESON - City Clerk 3/9/98 CITY OF CARLSBAD San Diego County California CONTRACT DOCUMENTS, GENERAL PROVISIONS, TECHNICAL SPECIFICATIONS, AND APPENDICES FOR FIRE STATION 3 CONTRACT NO. 4003 BID NO. PWS14-44PEM Bid Documents & General Provisions VOLUME 1 OF 3 V Revised 1/30/13 Contract No. 4003 Page 1 of 102 Pages TABLE OF CONTENTS CONTRACT DOCUMENTS Item Page Notice Inviting Bids 5 Contractor's Proposal 9 Bid Security Form 14 Bidder's Bond to Accompany Proposal 15 Guide for Completing the "Designation of Subcontractors" Form 17 Designation of Subcontractor and Amount of Subcontractor's Bid Items 18 Bidder's Certificate of Insurance for General Liability, Employers' Liability, Automotive Liability and Workers' Compensation 19 Bidder's Statement Re Debarment 20 Bidder's Disclosure of Discipline Record 21 Non-Collusion Affidavit to Be Executed by Bidder and Submitted with Bid 23 Contract Public Works 24 Labor and Materials Bond 30 Faithful Performance/Warranty Bond 32 Optional Escrow Agreement for Surety Deposits in Lieu of Retention 34 Revised 1/30/13 Contract No. 4003 Page 2 of 102 Pages GENERAL PROVISIONS Section 1 Terms, Definitions Abbreviations and Symbols 1-1 Terms 34 1 -2 Definitions 34 1 -3 Abbreviations 38 1- 4 Units of l\/leasure 43 1 -5 Symbols 44 Section 2 Scope and Control of the Work 2- 1 Award and Execution of Contract 45 2-2 Assignment 45 2-3 Subcontracts 45 2-4 Contract Bonds 46 2-5 Plans and Specifications 47 2-6 Work to be Done 50 2-7 Subsurface Data 50 2-8 Right-of-Way 50 2-9 Surveying 51 2-10 Authority of Board and Engineer 54 2- 11 Inspection 55 Section 3 Changes in Work 3- 1 Changes Requested by the Contractor 56 3-2 Changes Initiated by the Agency 56 3-3 Extra Work 57 3-4 Changed Conditions 59 3- 5 Disputed Work 61 Section 4 Control of Materials 4- 1 Materials and Workmanship 64 4- 2 Materials Transportation, Handling and Storage 68 Section 5 Utilities 5- 1 Location 69 5-2 Protection 69 5-3 Removal 70 5-4 Relocation 70 5-5 Delays 71 5- 6 Cooperation 71 Section 6 Prosecution, Progress and Acceptance of the Work 6- 1 Construction Schedule and Commencement of Work 72 6-2 Prosecution of Work 76 6-3 Suspension of Work 77 6-4 Default by Contractor 77 6-5 Termination of Contract 78 6-6 Delays and Extensions of Time 78 6-7 Time of Completion 79 6-8 Completion, Acceptance, and Warranty 80 6-9 Liquidated Damages 80 6-10 Use of Improvement during Construction 80 Revised 1/30/13 Contract No. 4003 Page 3 of 102 Pages Section 7 Responsibilities of the Contractor 7-1 Contractor's Equipment and Facilities 81 7-2 Labor 81 7-3 Liability Insurance 81 7-4 Workers' Compensation Insurance 81 7-5 Permits 82 7-6 The Contractor's Representative 82 7-7 Cooperation and Collateral Work 82 7-8 Project Site Maintenance 83 7-9 Protection and Restoration of Existing Improvements 85 7-10 Public Convenience and Safety 85 7-11 Patent Fees or Royalties 92 7-12 Advertising 92 7-13 Laws to be Observed 92 7- 14 Antitrust Claims 92 Section 8 Facilities for Agency Personnel 8- 1 General 93 8-2 Field Office Facilities 93 8-3 Field Laboratories 94 8-4 Bathhouse Facilities 94 8-5 Removal of Facilities 94 8- 6 Basis of Payment 94 Section 9 Measurement and Payment 9- 1 Measurement of Quantities for Unit Price Work 95 9-2 Lump Sum Work 95 9-3 Payment 95 9-4 Bid Items 99 Revised 1/30/13 Contract No. 4003 Page 4 of 102 Pages CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS IMPORTANT NOTE: Bids for this proiect will be accepted ONLY from those contractors who have participated In. and have been qualified bv. the Citv of Carlsbad in the previous prequalification process. Subcontractors and suppliers do not require prequalification. A list of qualified qeneral contractors Is available at www.carlsbadca.qov. UNTIL 2:00 PM ON JULY 1. 2014. the City shall accept sealed bids, clearly marked as such, at the Faraday Center, 1635 Faraday Avenue, Carlsbad, CA 92008-7314, Attn: Purchasing Officer, by mail, delivery sen/ice 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: Construction of a 10,858 square foot fire station and all related site improvements. FiRE STATION 3 CONTRACT NO. 4003 BID NO. PWS14-44PEM INSTRUCTIONS TO BIDDERS AND BID REQUIREMENTS This bid and the terms of the Contract Documents and General Provisions constitute an irrevocable offer that shall remain valid and in full force for a period of 90 days and such additional time as may be mutually agreed upon by the City of Carlsbad and the Bidder. No bid will be received unless it is made on a proposal form furnished by the Purchasing Department. Each bid must be accompanied by security in a form and amount required by law. The bidder's security of the second and third next lowest responsive bidders may be withheld until the Contract has been fully executed. The security submitted by all other unsuccessful bidders shall be returned to them, or deemed void, within ten (10) days after the Contract is awarded. Pursuant to the provisions of law (Public Contract Code section 10263), appropriate securities may be substituted for any obligation required by this notice or for any monies withheld by the City to ensure performance under this Contract. Section 10263 of the Public Contract Code requires monies or securities to be deposited with the City or a state or federally chartered bank in California as the escrow agent. The escrow agent shall maintain insurance to cover negligent acts and omissions of the agent in connection with the handling of retentions under this section in an amount not less than $100,000 per contract. The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidding when a contractor or subcontractor has been debarred by the City of Carlsbad or another jurisdiction in the State of California as an irresponsible bidder. The work shall be performed in strict conformity with the plans, provisions, and specifications as approved by the City Council of the City of Carlsbad on file with the Engineering Department. The specifications for the work include City of Carlsbad Technical Specifications and the Standard Specifications for Public Works Construction. Parts 2 & 3. all hereinafter designated "SSPWC", as amended. Specification Reference is hereby made to the plans and specifications for full particulars and description of the work. The General Provisions (Part 1) to the SSPWC do not apply. The City of Carlsbad encourages the participation of minority and women-owned businesses. The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contractors to utilize recycled and recyclable materials when available, appropriate and approved by the Engineer. Revised 1 /30/13 Contract No. 4003 Page 5 of 102 Pages V BID DOCUMENTS The bid documents comprise the following documents which must be completed and properly executed including notarization, where indicated. 1. Contractor's Proposal 2. Bidder's Bond 3. Noncollusion Declaration 4. Bidder's Statement RE: Debarment 5. Bidder's Disclosure of Discipline Record 6. Designation of Subcontractor and Amount of Subcontractor's Bid 7. Acknowledgement of Addendum(a) 8. 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. 9. Escrow Agreement for Security Deposits - (optional, must be completed if the Bidder wishes to use the Escrow Agreement for Security) ENGINEER'S ESTIMATE: All bids will be compared on the basis of the Engineer's Estimate. The estimated quantities are approximate and serve solely as a basis for the comparison of bids. The Engineer's Estimate is $6,600,000. TIME OF COMPLETION: The contractor shall complete the Work within the time set in the contract as defined in the General Provisions Section 6-7. SPECIALTY CONTRACTORS: ACCEPTABLE LICENSE TYPES Except as provided herein a bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City. In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. Where federal funds are involved the contractor shall be properly licensed at the time the contract is awarded. In all other cases the contractor shall state their license number, expiration date and classification in the proposal, under penalty of perjury. This invitation to bid does not involve federal funds. The following classification is acceptable for this contract: "B" - General Building. ESCROW AGREEMENT If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of the usual 10% retention from each payment, these documents must be completed and submitted with the signed contract. The escrow agreement may not be substituted at a later date. OBTAINING PLANS AND SPECIFICATIONS Sets of plans, various supplemental provisions, and Contract documents may be obtained at the Cashier's Counter of the Faraday Center located at 1635 Faraday Avenue, Carlsbad, California 92008-7314, for a non-refundable fee of $130 per set. If plans and specifications are to be mailed, the cost for postage should be added. INTENT OF PLANS AND SPECIFICATIONS Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings, specifications or other contract documents, or finds discrepancies in or omissions from the drawings and specifications may submit to the Engineer a written request for clarification or correction. Any response will be made only by a written addendum duly issued by the Engineer a copy of which will Revised 1/30/13 Contract No. 4003 Page 6 of 102 Pages be mailed or delivered to each person receiving a set of the contract documents. No oral response will be made to such inquiry. Prior to the award of the contract, no addition to, modification of or interpretation of any provision in the contract documents will be given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. No bidder may rely on directions given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. REJECTION OF BIDS The City of Carlsbad resen/es the right to reject any or all bids and to waive any minor irregularity or informality in such bids. PRE BID MEETING A pre-bid meeting and tour of the project site will NOT be held. THE PAYMENT OF PREVAILING WAGES IS NOT REQUIRED The City of Carlsbad is a Charter City. The City of Carlsbad's Municipal Code Section 3.28.130 supersedes the provisions of the California Labor Code when the public work is not a statewide concern. The City Council has determined that it is not in the best interest of the city to require the payment of prevailing wages for this project. Payment of prevailing wages is at contractor's discretion. PRICES AND COMPUTATION OF BIDS All bids are to be computed on a lump sum basis as indicated in this proposal. In case of a discrepancy between words and figures, the words shall prevail. All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or written in with ink and must be initialed in ink by a person authorized to sign for the Contractor. ADDENDUMS Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid. INFORMATION FOR CONTRACTORS Questions relating to this project should be directed to Patrick McGarry, Civil Projects Manager, at (760) 602-2739 or by e-mail: patrickmcgarry@carlsbadca.gov. BOND AND INSURANCE REQUIREMENTS The Contractor shall provide bonds to secure faithful performance and warranty of the work in an amount equal to one hundred percent (100%) of the Contract price on this project. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to one hundred percent (100%) of the total amount payable by the terms of the contract. These bonds shall be kept in full force and effect during the course of this project, and shall extend in full force and effect and be retained by the City until they are released as stated in the General Provisions section of this contract. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to be accompanied by the following documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the City may require copies of the insurer's most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar days of the insurer's receipt of a request to submit the statements. Insurance is to be placed with insurers that: Revised 1/30/13 Contract No. 4003 Page 7 of 102 Pages 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 bv the Insurance Commissioner. Auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated above for all insurance companies. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned non-owned or hired, and whether scheduled or non-scheduled. Workers' compensation insurance required under this contract must be offered by a company meeting the above standards with the exception that the Best's rating condition is waived The City does accept policies issued by the State Compensation Fund meeting the requirement for workers' compensation insurance. The Contractor shall be required to maintain insurance as specified in the Contract Any additional cost of said insurance shall be included in the bid price. The award of the contract by the City Council is contingent upon the Contractor submitting the required bonds and insurance, as described in the contract, within twenty days of bid opening If the Contractor fails to comply with these requirements, the City may award the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. BUSINESS LICENSE The prime contractor and ail subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. Approved by the City Council of the City of Carlsbad, adopted on the 12th day of December 2013. May 28, 2014 California, by Resolution No. 2013-291, Date Jeputy City Clerk Revised 1/30/13 Contract No. 4003 Page 8 of 102 Pages C'TV OF ^ CARLSBAD Contract Administration www.carlsbadca.gov June 26, 2014 ADDENDUM NO. 1 RE: FIRE STATION NO. 3, PROJECTNO.: 4003 Please include the attached addendum in the Notice to Bidder/Request for Bids vou have for the above project. Please note change in due date for the above-mentioned bid. New date for bid opening is: July 2, 2014 Time remains the same: 2:00 p.m. This addendum-receipt acknowledged-must be included to your bid when vour bid is submitted. . ' J Sr. Contract Administrator ^ KEVIN DAVIS I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4677 F 760-602-8562 CITY OF CARLSBAD Fire Station No. 3 Request for Pricing Proposals Project No. 43001 Addendum No. 1 From: Patrick McGarry, Civic Projects Manager Phone: (760)602-2739 Email: Patrick.mcgarry@carlsbadca.gov Date: June 26, 2013 REVISED Proposal Due Date: July 2, 2014; 2:00 pm REVISIONS TO DOCUMENTS: The following clarifications and additions shall be made a part ofthe Request for Proposals for the Fire Station #3 project: 1. The Proposal Due Date has changed to July 2,2:00pm 2. The city requests a 3" diameter PVC conduit be placed underground from Room 125 (Communications) to the light control junction box located in the sidewalk at the NE comer of Cannon and Wind Trail. Reference sketch: rf>5?»M p. " 1 H-J 3. The Architect, WLC, has compiled a listing of corrections and clarifications that is contained ^ " herein as Exhibit A to this Addendum. E^xhibit A: 65 pages 2 of 2 Exhibit A ; CLIENT FOCUSED. PASSION DRIVEN. June 26, 2014 TO FROM PROJECT SUBJECT All Bidders Kelley Needham Carlsbad Fire Station No. 3 1113400.41 Addendum 1 The following changes, omissions, and/or additions to the Project Manual and/or Drawings shall apply to proposals made for and to the execution of the various parts of the work affected thereby, and ail other conditions shall remain the same. Careful note of the Addendum shall be taken by all parties of interest so that the proper allowances may be made in strict accordance with the Addendum, and that all trades shall be fully advised in the performance of the work which will be required of them. Bidder shall acknowledge receipt of this Addendum in the space provided on the Bid Form Failure to do so may subject Bidder to disqualification. In case of conflict between Drawings, Project Manual, and this Addendum, this Addendum shall govern. 1. CONTRACT DOCUMENTS, GENERAL PROVISIONS, TECHNICAL SPECIFICATIONS AND APPENDICES 1.1 GUIDE FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTORS" FORM A. Under "CAUTIONS", delete the text "Any bid that proposes performance of more than 50 percent of the work by subcontractors or otherwise to be performed by forces other than the Bidder's own organization will be rejected as non- responsive". 1.2 GENERAL PROVISION A. SECTION 6 - PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK 1. Delete Sections 6-1.8 and 6-1.8.1 through 6-1.8.3. SECTION 8-1, Facilities for Agency Personnel/Field Office Facilities 1. Paragraph 2, delete: "at any offsite plant facility furnishing pipe subject to Agency inspection during manufacture". Clarification: a field office for agency personnel SHALL be provided (in accordance with Section 8-2.1). B. Addendum 1 Carisbad Fire Station No. 3 Project 1113400.41 June 26, 2014 Page 2 2. Section 8-2.1, Paragraph 2: Furniture to include two desks/chairs (one indicated), conference table/chairs, and a plan table. 3. Section 8-2.1, Paragraph 6: Spec outdated. Item should be a color laser multifunction machine (print, copy, scan). C. SECTION 8-2 FIELD OFFICE FACILITIES 1. Note that hot running water is not required at the sanitary facilities. 2. Note that a stand-alone Port-a-Potty designated for City use only in lieu of integral sanitary facilities is acceptable. PROJECT MANUAL 1.3 SECTION 01500 - TEMPORARY FACILITIES AND CONTROLS A. Delete Item 1.9 and replace with the following: 1. Contractor to provide, install and maintain, one pole mounted exterior weatherproof outdoor surveillance camera with the following capabilities: color output with HDTV/Megapixel resolution and IP addressable. The camera can be used for security, public access (linked to the City's web site) and time-lapse recording for claim resolution. Location per Owner coordination to view entire project site. 2. Contractor to provide high speed WiFi internet to the entire project site area as well as the construction offices. 1.4 SECTION 02231 - GEOTECHNICAL DATA A. As a point of clarification, the Geotechnical Report is for reference only, and is not part of the Contract Document. 1.5 SECTION 03480 - PRECAST CONCRETE SPECIALTIES A. Add the attached Section 03480 in its entirety. 1.6 SECTION 07543 - ADHERED THEMOPLASTIC (PVC) FELTBACK MEMBRANE ROOFING A. Article 2.2: Add Paragraph B to read as follows: "B. Carlisle SynTec: 253-271-3221". B. Article 2.3, Paragraph B: Delete the text "(See Section [By Others]):". .f^ Addendum 1 Carisbad Fire Station No. 3 Project 1113400.41 June 26, 2014 Page 3 C. Article 2.3: Revise Paragraph B.l to read as follows: "1. Under the provisions of Section 07620". 1.7 SECTION 08625 - TUBULAR SKYLIGHTS A. Article 2.2, Paragraph A: Add text to the end to read "Model 750SD-C". 1.8 SECTION 09314 - PORCELAIN TILE WALL FINISH A. Article 2.2, Add Paragraph G to read as follows: 1. G. Edge Trim: Schluter - QUADAC/-K, aluminum, anodized finish. 1.9 SECTION 09688 - CARPET GLUE DOWN A. Article 2.1, Paragraph A: Revise the text "Less" to read "Lees". 1.10 SECTION 10350-FLAGPOLE A. Article 1.4: Delete Paragraph H pertaining to LEED submittal in its entirety. B. Article 2.1, Paragraph A: Revise URL to read "www. www.morgan-francis.com". C. Article 2.1: Add Paragraph E to read as follows: "E. Pole-Tech Co. Inc., (800) 633-6733, www.poletech.com" D. Article 2.3, Paragraph F: Add text to the end of the paragraph to read "with lockable winch system". E. Article 2.4: Delete Paragraphs D, F, and G. F. Article 2.4: Revise Paragraph E to read as follows: "E. Halyard: 7x19 construction stainless steel aircraft cable". 1.11 SECTION 10810- TOILET ACCESSORIES A. Article 3.4- SCHEDULE: Revise Room designation for the surface mounted paper towel dispenser to read "133". 1.12 SECTION 11005 - MISCELLANEOUS EQUIPMENT A. Article 1.1: Delete all the listed equipment and replace with text to read "See Article 2.1". Note that all the listed equipment under Article 2.1 is to be included in the contract documents. Addendum 1 Carisbad Fire Station No. 3 Project 1113400.41 June 26,2014 Page 4 B. Article 2.1, Paragraph V: Revise the barbeque model number to read "VGIQ54224NS". C. Article 2.1: Add Paragraph FF to read as follows: 1. FF. SCBA Compressor: Bauer Compressors, Inc. www.bauercomp.com. Model Unicus III 13H-E3. Provide cabinet mounted high pressure hose reel with 75 feet of h.p. hose. UN lll/RF/REL-9. One assembly required in Room 132. D. Article 2.1: Add Paragraph GG to read as foliows: 1. GG. SCBA Bottle Storage: Groves, Inc. (800) 991-2120, Model MBR-16. One required in Room 132. 1.13 SECTION 16750 - VOICE AND DATA COMMUNICATION CABLING A. Delete this section in its entirety. 1.14 SECTION 16751 - TELECOMMUNICATIONS DISTRIBUTION SYSTEM A. Add the attached Section 16751 in its entirety. DRAWINGS Civil 1.15 DRAWING C-10 A. Revise Demolition Construction Note 3 to read "RELOCATE EXISTING TUBULAR STEEL BARRICADE TO THE FUTURE PARK ACCESS AT THE WEST END OF THE PROPOSED TRAILBLAZER WAY. VERIFY EXACT LOCATION WITH THE ARCHITECT. PROVIDE NEW FOOTINGS TO MATCH EXISTING. DEMOVE EXISTING FOOTINGS". Architectural 1.16 DRAWING A-1.1 A. Detail 2 - Material Legend and General Notes: Note that all the 8" thick concrete paving shall be reinforced with #4 rebar at 18" O.C. each way, and all the 4" concrete paving shall be reinforced with #3 rebar at 18" O.C. each way. The Lithocrete concrete paving shall be placed over 2" graded washed concrete sand compacted to 95% over compacted subgrade. B. Detail 4 - Reference Notes: Revise Note 0251 to read "GAS BARBEQUE, SEE 7,8/A-1.4". f^' Addendum 1 Carisbad Fire Station No. 3 Project 1113400.41 June 26, 2014 Page 5 1.17 DRAWING A-1.4 A. Detail 7: Add this detail per the attached Drawing A1 in its entirety. B. Detail 8: Add this detail per the attached Drawing A2 in its entirety. C. Detail 15: Replace the note "2" X 2" X 3/16" T.S. FRAME ATTACHED TO BUILDING FRAMING AND WELD TO 2" X 2" X 3/16" T.S. POST" with text to read "2" X 3/16" PLATE, ATTACHED TO BUILDING FRAMING, SEE 24/A-l .4". D. Detail 16: Replace the note "2" X 3/16" PLATE, ATTACHED TO BUILDING FRAMING, SEE 16/A-l .4" with text to read "2" X 3/16" PLATE, ATTACHED TO BUILDING FRAMING, SEE 24/A-l.4". E. Detail 21: Note the concrete slab in Section 1 and Section 3 is to be 6" thick minimum. F. Detail 22: Delete this detail in its entirety. 1.18 DRAWING A-1.5 A. Detail 8: Revise the detail reference "24/A-l .4" to read "23/A-l .4". The item is to be concrete seat wall. 1.19 DRAWING A-2.1 A. Detail 2 - Wall Legend: 1. Under the 1 -HR rated wall, the identification mark shall be 3" in height instead of V2" in height. B. Detail 8 - First Floor Plan: 1. Revise this detail per the attached Drawing A3. 2. Note that the contractor shall coordinate the exact sizes and locations of the public art on the building exterior with the artist. The general location is shown on Drawing A-3.1. 1.20 DRAWING A-3.1 A. Detail 6: Revise this detail per the attached Drawing A4. Note the backlit cast metal letters shown as "OOOOO" and tagged as "1062" are to be street numbers, and the number will be determined. f^' Addendum 1 Carisbad Fire Station No. 3 Project 1113400.41 June 26, 2014 Page 6 1.21 DRAWING A-5.1 A. Window Schedule and Notes: 1. Revise glazing type for Window C to read "AO". 2. Under Glazing Type, odd new type to read "TYPE AO: INSULATED, 1" THICK, TEMPERED OBSCURE INSIDE PANE, TEMPERED TINTED OUTSIDE PANE. B. Finish Schedule and Notes: 1. Add Room 138 as follows: "138","FIRE RISER ROOM", "CONC", "CONC/RES", "-", "-", "-", "-", "GYP", "GYP", "CMU", "GYP", "-", "-". C. Door Schedule and Notes: 1. Add Door A43 as follows: "A43", "3'-0" X 7'-2"", "F", "1 3/4"", "-", "2", "-", "-", "HM", "HM", "P", "P", "1", "1", "1", "13", "-", "LOUVER AT TOP & BOTTOM". 2. Revise all the drawing references in Note 1 from "A-8.6" to read "A-5.3". 3. Add Note 3 to read "PROVIDE ACCESSIBLE ENTRY SIGN PER 17/A-5.3 AT DOOR Al. PROVIDE NO SMOKING SIGN PER 24/A-5.3 ADJACENT TO DOOR A9". 1.22 DRAWING A-5.3 A. Add Detail 17 per the attached Drawing A5 in its entirety. B. Add Detail 21 per the attached Drawing A6 in its entirety. C. Add Detail 22 per the attached Drawing A7 in its entirety. D. Add Detail 23 per the attached Drawing A8 in its entirety. E. Add Detail 24 per the attached Drawing A9 in its entirety. 1.23 DRAWING A-6.1 A. Detail 6: 1. Note that a recessed paper tower dispenser shall be provided on the side wall adjacent to the lavatory. Refer to Detail 15/A-7.1. Addendum 1 Carisbad Fire Station No. 3 Project 1113400.41 June 26, 2014 Page 7 2. Note that a surface mounted seat cover dispenser shall be provided above the recessed toilet tissue dispenser. Refer to Detail 15/A-7.1. B. Detail 8: The aisle between the kitchen island and the lower cabinet shall be 4'-6". C. Detail 14: 1. Note that a recessed paper tower dispenser shall be provided on each side wall adjacent to the lavatories at Rooms 107 and 108. Refer to Detail 1, 14/A-7.2. 2. Note that a surface mounted seat cover dispenser shall be provided above each recessed toilet tissue dispenser at Rooms 107 and 108. Refer to Detail 1, 14/A-7.2. D. Detail 20: 1. Note that a surface mounted seat cover dispenser shall be provided above each recessed toilet tissue dispenser at Rooms 117. 2. Add a stainless urinal screen between the urinals in Room 117. 1.24 DRAWING A-7.3 A. Detain: 1. West Elevation: Add a stainless urinal screen between the urinals. 2. South Elevation: Show lower cabinet at the lavatories in lieu of countertop. Show a recessed paper towel dispenser on the side wall adjacent to the lavatory; total of two in Room 117. 3. East Elevation: Note the lower cabinet at lavatories shall be Wl 152, total of three (3) at equal width. 1.25 DRAWING A-7.5 A. Detail 7: 1. North Elevation: Delete the item associated with Reference Note 1146, and replace with lower cabinet, 30" deep. 2. West Elevation: Note the three (3) square items on the wall between door and Item 1147 shall be tagged "1022"- "ROBE HOOK". Addendum 1 Carisbad Fire Station No. 3 Project 1113400.41 June 26, 2014 Page 8 B. Detail 20: Add a surface mounted paper tower dispenser, Bobrick Model B-4262, to the side wall adjacent to the sink. Structural 1.26 DRAWING SI.1 A. Under Foundation Note 2 - FOUNDATION DESIGN DATA, as a point of clarification, the footing depth described is the minimum requirement. The contractor shall follow the dimensions shown in the details of the structural plan set for specific locations. Also note that the geotechnical report is for reference only, and is not part of the Contract Documents. B. Under Structural Steel Note 9, revise the text "SIMI VALLEY" to read "CARLSBAD". 1.27 DRAWING S-2.1 A. Revise Detail 1 Foundation Plan per the attached Drawings S-1 and S-2. B. Under notes for 5" and 8" thick concrete slab on grade, revise the text "VISQUEEN" to read "STEGOWRAP". C. The note for the 8" slab-on-grade section is different from what is shown on the civil plan. The civil plan shall govern. D. At the slab-on-grade in the Apparatus Room, provide Construction Joint "CJ2" along each of the Gridlines 10 and 11, and Control Joint CJl following each of the flow lines from the corners of the floor drains. See Detail 5/Sl .2 for CJl and CJ2 Details. 1.28 DRAWING S-4.1 A. Revise Detail 1 Roof Framing Plan per the attached Drawings S-3, S-4, S-5, S-6, S-7, S-8, S-9, S-10, and S-11. 1.29 DRAWING S7.1 A. Detail 13: Revise the footing and concrete slab connection at right hand side to show a cold joint following the edge of the footing similar to Detail 15/S7.1. B. Detail 15: Grade beam shall be 36 inches wide. 1.30 DRAWING S7.2 A. Revise Detail 3 per the attached Drawing S-12. B. Revise Detail 4 per the attached Drawing S-13. Addendum 1 Carisbad Fire Station No. 3 Project 1113400.41 June 26, 2014 Page 9 1.31 DRAWING S8.1 A. Revise Detail 7 per the attached Drawing S-l 4. B. Add Detail 20 per the attached Drawing S-15 in its entirety. 1.32 DRAWING S8.3 A. Revise Detail 14 per the attached Drawing S-l 6. B. Add Detail 20 per the attached Drawing S-17. C. Add Detaii 21 per the attached Drawing S-18. D. Add Detail 22 per the attached Drawing S-19. E. Add Detail 23 per the attached Drawing S-20. F. Add Detail 24 per the attached Drawing S-21. 1.33 DRAWING S-8.4 A. Revise Detail 17 per the attached Drawing S-22. B. Add Detail 18 per the attached Drawing S-23. C. Add Detail 19 per the attached Drawing S-24. D. Add Detail 20 per the attached Drawing S-25. E. Add Detail 21 per the attached Drawing S-26. F. Add Detail 22 per the attached Drawing S-27. G. Add Detail 23 per the attached Drawing S-28. H. Add Detail 24 per the attached Drawing S-29. Electrical 1.34 DRAWING E-0.3 A. Under panel 1D schedule, add microwave outlet 1 D-40, and add coffee maker outlet lD-38. Addendum 1 Carisbad Fire Station No. 3 Project 1113400.41 June 26,2014 Page 10 1.35 DRAWING E-0.4 A. Revise lighting fixtures schedule: 1. Fixture "P": Add remark to read "Red Jar". 2. Fixture "Q": Revise remark to read "MH @ 7'-0" UON (unless otherwise noted)" 3. Add new Fixture "SD" as follows: "Flag pole beacon light; The Flag Company ORN-FPBHDT-359-Dl 10V-2LED; 12V; (2) LED; 12W; Flagpole Beacon pole top mounted. Coordinate mounting with pole supplier prior to rough-in. Provide 110V -12V transformer." 1.36 SHEET E-1.1 A. Show (1)4" CO per SDG&E requirements as darker line under this scope of work. Extend conduit from pad mounted transformer to (2) concrete pad shown as note 8. Provide stub-out and intercept existing SDG&E conduit. B. Shown concrete pad per note 8 as darker. C. Delete note requiring concrete encasement of Telephone/Fiber and Cable TV conduit. D. Change note tag to feeders from main switchboard and emergency generator to Note 10; "See Single Line Diagram E-0.2 for sizes." E. Added beacon light type "SD" on top of the flagpole. F. Provide 1" conduit with standard three pair twisted shield phone line from the main phone connection in Communications Room 125 to the irrigation controller. Provide an additional 6' long coil phone line at the irrigation controller termination point with RJl 1 connector. 1.37 DRAWING E-2.1 A. Add (2) receptacles in Hose Tower Building on Circuit 1 A-27. Connect to Lighting Plan 2/E5.1. B. Relocate (4) WP outlets on north wall Column "A" around the comer of fagade to east face. Addendum 1 Carisbad Fire Station No. 3 Project 1113400.41 June 26, 2014 Page 11 C. Relocated (3) bi-fold door controllers at north wall to bollard at driver's side. Added Note 21; "Mount exit door controller on bollard, typical (3)." D. Relocated remote emergency generator annunciator from Electrical Room 126 to Hallway 110 opposite Open Office 104. E. In Dining Room 123, revise mounting height of receptacle at southeast corner from +84" to +48". F. In Kitchen 122 near south end on east wall add microwave outlet, circuit 1 D-40 at +72" and coffee maker outlet, circuit 1 D-38 at + 48". G. Under Note 12, add the text "/ FOUR-FOLD DOOR" after the text" OVERHEAD DOOR". H. Under Note 13, revise the text "ROLL-UP DOOR" to read "OVERHEAD DOOR/ FOUR-FOLD DOOR". I. Provide 120 volt relay in ceiling space on circuit 1 D-42. Relay to control power to kitchen stove gas shut-off solenoid, (1 D-42) and selected receptacle circuits in kitchen. Relay to be controlled by fire alert system. 1.38 DRAWING E-3.1 A. Relocate photo sensor for north bi-fold doors to bollard just inside doors. B. Add Note 11: Mount door control photo-eye on bollard, typical (4). C. Add (4) ceiling mounted sound system speakers and tag with Note 8 in Exercise Room 120; connect to J-box and tag with Note 7. J-box to be located inside the lower cabinet, to the opposite side of the J-box in Room 121. 1.39 SHEET E-4.1 A. Relocated remote emergency generator annunciator from Electrical Room 126 to Hallway 110 opposite Open Office 104. 1.40 DRAWING E-5.1 A. Add exit sign above Door 40 at west end of Hallway 110. Connect to adjacent lighting circuit 1A-15. B. Add (2) exit signs above Doors A39 and A4 going into and out of SCBA Room 132. Connect to adjacent light circuit 1 A-13. C. Add exit sign above Door A9 in Dining Room 123. Connect to adjacent lighting circuit lA-21. Addendum 1 Carisbad Fire Station No. 3 Project 1113400.41 June 26, 2014 Page 12 D. Add (3) type "Q" fixtures on the west exterior wall on circuit 1 A-11B. One at Gridline 13 and 24" from Gridline A, one at Gridline 14 and 24" from Gridline Q, one at Gridline 14 and 18" to the north of Door A4. E. Relocate Type "P" fixture from outside of Workshop Room 133 to north exterior wall outside of Communication Room 125. Connect to circuit lA-33 with exterior sign control. F. Add J-box on north exterior wall at Gridlines A and 8.3 for backlit address letters, mounted at +14'-6" with Note 11 and connected to circuit 1A-33. G. Revise/relocate sign outlet at northern exterior wall at column " 10.5" to receptacle at +19'-4". 1.41 DRAWING E-6.1 A. Show weatherproof connection to Plymovent vehicle exhaust fan on roof at Columns "D.8" and "8.5". Connect to DP-2 with Note 2. 1.42 DRAWING E-7.3 A. Revise Detail 4 to four-fold door. Show (6) individual door controllers, one at each door and (1) master controller for all doors. Verify with manufacturer for actual wiring method. B. Revise Detail 3 changing (4) 2" C. to (4) 4" C. for crossing Apparatus Bay. END OF ADDENDUM 1 Submitted by. KELLEY NEEDHAM Architect, AIA Principal KN:SJY:br/P41113400x1-add Attachments: Section 03480 Section 16751 Drawing A1, A2, A3, A4, A5, A6, A7, A8, A9, S-1, S-2, S-3, S-4, S-5, S-6, S-7, S-8, S-9, S-10, S-l 1, S-12, S-13, S-14, S-15, S-16, S-17, S-18, S-19, S-20, S-21, S-22, S-23, S-24, S-25, S-26, S-27, S-28, S-29 SECTION 03480 PRECAST CONCRETE SPECIALTIES PART ONE-GENERAL 1.1 SECTION INCLUDES A. All labor, materials and services incidental to and Including the furnishing and setting of all Precast concrete architectural elements as indicated on the drawings and specified herein. 1.2 QUALITY ASSURANCE A. The Manufacturer shall Ije responsible for alt labor, materials, equipment and services necessary for and incidental to providing all Precast concrete material covered by this specification. B. The Contractor shall be responsible to provide proper on site storage of materials, the setting of all Precast concrete covered by this specification and shall, further provide all necessary and incidental equipment and materials related to the setting and fastening in place of the Precast concrete. C. Qualification of Manufacturer: 1. The Precast concrete manufacturer shall have a minimum of 10 years continuous operation and shall be able to demonstrate produdion, curing, storage and mold making facilities of adequate size and sophistication to ensure timely and accurate production ofthe quantities, sizes and types of material required. D. Installation: 1. Provide qualified personnel experienced in the masonry trade for the setting and anchoring of precast concrete items. 1.3 SUBMITTALS A. Submit product data under provisions of the Contract and the Division 1 Specification Sections. B. Submit for approval the following: 1. Samples of the precast concrete specified which will be representative of the general range of color and texture to be fumished. C. Shop Drawings- Submit tbr approval the following: 1. Copies of drawings showing details of each stone shape to be provided, including: profiles, cross sections, placement of reinforcement, exposed faces, typical lengths, comer and terminus units, anchoring methods, annotation of stone types and a description ofthe general area where each piece is to be used. 2. Unless othen«ise shown: (a) Provide suitable wash on all exterior sills, coping, projecting courses and pieces with exposed top surfaces. 3. After approval of all project drawings and details, provide the Setting Contractor a list of all pieces required for the project; this list to be itemized by shipping pallet number. WLC/1113400 PRECAST CONCRETE SPECIALTIES 03480 Addendum 1 (1) PART TWO - PRODUCTS 2.1 MATERIALS A. Precast concrete manufactured stone: 1. Physical Properties: (a) Compressive Strength. ASTM C 1194:5000 psi min. (b) Tensile Strength. ASTM C 293: 600 psi minimum. (c) Absorption. ASTM C 1195: 8 percent maximum. <d) Freeze Thaw. ASTM C 67:1 percent maximum weight loss per 50 cycles. 2. Raw Materials: (a) Portland Cement. Type I or II, white and/or gray. ASTM C 150. (b) Coarse Aggregates as required per ASTM C 33. (c) Fine Aggregates, manufactured or natural sands per ASTM C 33. (d) Colors, inorganic iron oxide pigments. ASTM C 979. (e) Admixtures. ASTM C 494. (0 Water. Potable. 3. Reinforcement: (a) Standard reinforcing bars. ASTM A 615. Grade 60. (b) Welded wire fabric. ASTM A185. B. Accessories: 1. Epoxy: Injectable adhesive system- HY150 (Al SI 304) by Hiiti Corp. 2. Threaded Rod: Stainless steel per ASTM F593. 3. Dowel: Grade 40 reinforcing steel per Section 03200. 2.2 TOLERANCES A. Manufacturing Tolerances 1. Dimensional (a) Linear dimensions shall be± 1/8 inch for all dimensions up to 24 indies. Dimensions greaterthan 24 inches shall bei 1/8 inch plus 1/360 ofthe length greaterthan 24 inches. (b) Twist and deflection shall not exceed .5 degrees per 12 inches of linear measurement. (c) Provide left and right end returns for banding sills where ends are visible. WLC/1113400 PRECAST CONCRETE SPECIALTIES 03480 Addendum 1 (2) 2. Color (a) Must match color and texture of approved sample when viewed in direct sunlight at a distance of not less than 10 feet, (b) CIELAB color variation allowed- 2 percent hue; 4 percent lightness, chroma and hue combined. B. Setting Tolerances 1. Variation fi-om plane may be 1/16 inch. 2. Offset from True Alignment between two connecting members may be 1/8 inch maximum. 3. All precast concrete should be cut to equal size pieces in a given run or the layout should be established by one full piece of precast concrete set in the center of a run and full pieces set until the end where a "Dutch Cut" should be executed. 4. 4. No termirujs piece of stone may be cut a length equal to less than the length/2. If a smaller piece is required use the fbllowing formula: Find (Y); the total length of the last 2 (two) pieces in a run. Divide (Y) by 2 (two) to find X. (Y/2=X). Cut these two pieces to dimension X (after making allowances for grout etc.) 2.3 ACCEPTABLE MANUFACTURERS A. Napa Valley Cast Stone, (707) 258-3340. B. Dura Art Stone, (909) 350-9000. C. San Diego Precast Concrete Inc., (619) 449-6810. D. Basic Precast Co., (530) 673-2585. E. Edinger Materials, Inc., (714) 435-1626 2.4 COLOR AND FINISH A. Color 1. Equivalent to color 45W Traditional Limestone' by Napa Valley Cast Stone. 2. Color shall be integral and constant throughout the entire unit. B. Finish 1. Exposed surfaces shall be acid-etched and exhibit a fine grained texture similar to the represented natural stone. No bugholes or air voids larger than 1/8 inch will be pennitted. (a) Medium etch finish. 2.5 CASTING A. Casting shall be accomplished by methods and equipment that are -in confonnance with generally acceptable systems for this type of wori<. Work shall be accomplished at manufacturing plant only. WLC/1113400 PRECAST CONCRETE SPECIALTIES 0348Q Addendum 1 (3) B. Concrete shall be so handled as to prevent segregation of materials, and shall be vibrated eittier intemally or externally to achieve proper compaction, finish, and distribution of concrete. 0. All precautions must be taken to keep the reinforcing steel in the proper location during placing and consolidation ofthe concrete. Embedded items shall be accurately placed and mainteined in their proper location during the casting operation. D. Casting and dimensional tolerances shall be in accordance with the following: 1. Overall dimension (height and width) plus or minus 1/8 inch. 2. 2. Thickness- plus or minus 1/8 inch. 2.6 CURING AND PACKAGING A. Curing ^all be accomplished by methods generally accepted for this type of worit. Curing may be accelerated by steam curing providing the temperature does not exceed 155 degree F and surfaces ofthe concrete are kept moist. Elements shall not be removed firom the molds until they have reached a compressive strength of 2,000 psi. B. All precast concrete components must be cured for a minimum of 14 days prior to shipment. C. All components to be securely palletized and completely covered and made weatherproof and dust proof to prevent any possibility of staining or chaffing during shipment. Pallets shall weigh a maximum of 3000 pounds. D. D. Optional- crates. 2.7 MOLDS A. The selection ofthe materials fi-om which molds are to be fabricated (i.e.) steel, fiberglass, reinforced plastic, rubber, wood or concrete shall be at the manufacturer's option. B. All elements shall be cast in molds of rigid construction, accurate in defail with precise comers and anises, and so designed as to provide a close control of dimensions and details as indicated on the drawings. C. C. Prior to casting of precast elements, molds shall have all surface joints, radii,, comers, etc., filled, ground, filed, straightened or othenvise removed to provide a finished surface that is smooth and dense, free of honeycombing, air pockets, offeets, shrinkages or other inegufarities. PART THREE - EXECUTION 3.1 INSPECTION A. The setting contrador shall review and verity that ttie building structure, anchors, devices and openings are ready to receive work under this section. B. Beginning the Installation Worit means acceptance of the conditions unless written exception is taken. 3.2 PREPARATION A. Provide and maintain temporary bracing that does not adversely affect the finish of the precast concrete. Remove when material has set. WLC/1113400 PRECAST CONCRETE SPECIALTIES 03480 Addendum 1 (4) 3.3 INSTALLATION A. All precast concrete shall be set by experienced masons accurately and in accordance with the shop drawings and attached rules of layout. B. Non-load bearing precast concrete shall be properiy mortared and anchored in place, with Joints leff open to receive grout. C. Setting Contractor shall furnish all anchors, dowels and other anchoring devices and shims as may be required to erect the Precast concrete on the drawings and specified herein. D. Immediately before setting the mortar face of all precast concrete pieces shall be deaned of all dust or other residue, induding any efflorescence. Immediately after setting all excess mortar is to be removed firom the exposed face ofthe precast concrete. E. When shims are used they are to be of a non-staining material and all exposed shims are to be removed after the morfar has set. F. Install copper/asphalt flashing where required. G. install epoxy anchoring systems per manufadurer's recommendations. 3.4 PATCHING, CLEANING. GROUTING AND FINISH COAT OF SEALER A. All repair of this type is to be done by mechanics skilled in this type of wori<, with the materials ftirnished by the Precast conaete manufacturer, and performed in accordance with his instrudions. B. Cleaning shall be perfomied using a fiber brush and clear water with a deaner recommended by the Archited approved Sealing Manufadurer. C. Patching shall be completed, before pointing, caulking or sealing. D. Grout wet and pack joints tightly. All joints that are out of plumb should be false-cut with a diamond blade saw. E. Final coat of sealer is to be applied after all patching, grouting and cleaning has been completed. (END OF SECTION) WLC/1113400 PRECAST CONCRETE SPECIALTIES 03480 Addendum 1 (5) SECTION 16751 TELECOMMUNICATIONS DISTRIBUTION SYSTEM PART 1 - GENERAL 1.1 SUMMARY A. Sedion Indudes: Equipment, materials, labor, and services to provide telephone and data distribution system including, but not limited to: 1. Raceway, boxes, and cable tray 2. Telephone and data cabling terminations 3. Optical fiber and tenminations 4. Telecommunications outiets 5. Terminal blocks/aoss-conned systems 6. Equipment racks and cabinets 7. System testing 8. Documentation and submissions B. Provide all equipment, materials, labor, and services, not specifically mentioned or shown, which may be necessary to complete or perfed all parts ofthe installation. Ensure that they are in compliance with requirements stated or reasonably inferred by the contract documents. C. Work not included: 1. The following worit will be done by others: a. Off-site services. b. Providing 120V wiring and outlets. c. Providing data concentrators, hubs, servers, computers, and other adive devices. 2. Painting will be done by the contractor. 1.2 REFERENCES A. Design, manufadure, test, and insfall telecommunications cabling networks per manufadurer's requirements and in accordance with NFPA-70 (National Eledrical Code®), state codes, local codes, requirements of authorities having jurisdidion, and particulariy the following sfandards: ANSI/NECA/BICSI-568 - Standard for Installing Commerdal Building Telecommunications Cabling 1. ANSI/TIA/EIA Standards 2. ANSI/riA/EIA-568-B.1 - Commerdal Buiiding Telecommunications Cabling Standard, Part 1: General Requirements 3. ANSI/TIA/EIA-568-B.2 - Commerdal Buiiding Telecommunications Cabling Standard. Part 2: Balanced Twisted Pair Cabling Components 4. ANSI/TIA/EIA-568-B.3 - Optical Fiber Cabling Components Standard 5. ANSl/TIA/EIA-569-A - Commerdal Building Stendard for Telecommunications Pathways and Spaces 6. ANSI/TIA/EIA-606(A) - The Administi-ation Standard for the Telecommunications Infirastnidure of Commercial Buildings 7. ANSI/ri/VEIA-607(A) ~ Commerdal Building Grounding and Bonding Requirements fbr Telecommunications 8. ANSI/TIA/EIA-526-7 - Measurement of Optical Power Loss of Installed Single-Mode Fiber Cable Plant 9. ANSI/TIA/ElA-526-14A - Measurement of Optical Power Loss of Installed Multimode Fiber Cable Plant 10. ANSI/TIA/EIA-758(A) ~ Customer-Owned Outside Plant Telecommunications Cabling Standard W WLC/1113400 TELECOMMUNICATIONS DISTRIBUTION SYSTEM - 16751 (Consuttant 06/24/14) Addendum 1 (1) B. Install cabling in accordance wilh the most recent edition of BICSI® publications: 1. BICSI ~ Telecommunications Distribution Methods Manual 2. BICSI ~ Cabling Installation Manual 3. BICSI ~ LAN Design Manual 4. BICSI - Customer-Owned Outside Plant Design Manual C. Federal, stale, and local codes, rules, regulations, and ordinances goveming the work, are as fully part of the specifications as if herein repeated or hereto attedied. If the contrador should note items in the drawings or the specifications, construdion of which would be code violations, promptly call them to the attention ofthe owner's representative in writing. Where the requirements of other sedions of the specifications are more stringent than applicable codes, rules, regulations, and ordinances, the specifications shall apply. 1.3 PERMITS. FEES, AND CERTIFICATES OF APPROVAL A. The owner will make application and pay for building permit. B. The owner will, as prerequisite to final acceptance, certificates of inspection from an inspection agency acceptable to ttie owner and approved by local municipality and utility company serving the projed. 1.4 SYSTEM DESCRIPTION A. A telecommunications cabling system generally consists of one telecommunications outiet in each workstetion, wall telephones in common and mechanical areas, telecommunications rooms MDF - Room 125. B. The typical wortc area consists of a single-gang plate with two standards compliant woric area outlets. C. One work area outiet consists of one (1) four-pair Category 6 cable or above, installed from the woric area outiet to the TR. If dedicated to voice telecommunications service, be sure to terminate telephone cables on puncdi blocks located in TR. 1. One woric area outlet consists of one (1) four-pair data Category 6 cable or above, installed fi-om woric area outlet to the TR. Terminate data cables on wall /rack mounted modular patch panels located in the appropriate TR. 2. One woric area ouflet consists of one (1) four-pair screened (ScTP) cable installed from woric area outlet to the date termination rack in the TR. Terminate data cables on rack mounted modular patch panels. D. One work area outlet consists of a two-fiber 62.5/125 ym optical fiber cable installed from work area outlet to the date termination rack in the TR. Terminate optical fiber cat>les in the appropriate optical fiber interconnection center. E. One work area outlet consists of a two-fiber 50/125 nm optical fiber cable installed from worit area outlet to the data termination rack in the TR. Tenninate optical fiber cables in tiie appropriate optical fiber interconnection center. F. Vertical/horizontel copper backbone cabling consists of multiple pair unshiekled twisted-pair instelled from the main cross-conned (MC) to the horizontal cross-conned (HC) and/or from the MC to the intermediate cross-conned (IC) to the HC. 1.5 5. SUBMITTALS A. Submit to the engineer/designer shc^ drawings, produd data (including cut sheets and catalog information), and samples required by the contrad documents. Submit shop drawings, produd data, and samples with such promptness and in such sequence as to cause no delay in the woric or in the adivities of separate contradors. The engineer/designer will indicate approval of shop drawings, produd data, and samples submitted to the engineer by stamping such submittals "APPROVED" with a stemp. Submitted shop drawings shall be initialed or signed by the contractor, showing the date and the conti-ador's legitimate firm name. WLC/1113400 TELECOMMUNICATIONS DISTRIBUTION SYSTEM -16751 (Consultant 06/24/14) Addendum 1 (2) 1. By submitting shop drawings, produd data, and samples, the contractor represents that he or she has carefully reviewed and verified materials, quantities, field measurements, and field construction criteria related thereto. It also represents that the contrador has checked, coordinated, and verified that information contained wilhin shop drawings, produd data, and samples conform to the requirements of the work and of the contrad documents. The engineer/designer remains responsible for the design concept expressed In the contract documents as defined herein. 2. The engineer's/designer's approval of shop drawings, produd data, and samples submitted by the contrador shall not relieve the contrador of responsibility for deviations from requirements of the contrad documents, unless the contractor has spedfically informed the engineer/designer in writing of such deviation at time of submittal, and the engineer/designer has given wrifl:en approval of flie spedfic deviation. The contrador shall continue to be responsible for deviations from requirements of the contrad documents not specifically noted by the confractor in writing, and specifically approved by the engineer in writing. 3. The engineer's/designer's approval of shop drawings, produd data, and samples shall not relieve the contrador of responsibility for errors or omissions in such shop drawings, produd data, and samples. 4. The engineer's/designer's review and approval, or other appropriate adion upon shop drawings, produd data, and samples, is for the limited purpose of checking for conformance with information given and design concept expressed in the contrad documents. The engineer's/designer's review of such submittels is not conduded forthe purpose of detennining accuracy and completeness of other details such as dimensions and quantities, or for substantiating instrudions for installation or performance of equipment or systems, all of which remain the responsibility of the contrador as required by the contrad documents. The review shall not constitute approval of safety precautions or of construdion means, methods, techniques, sequences, or procedures. The engineer's/designer's approval of a spedfic item shall not indicate approval of an assembly of which the item is a component. B. Perform no portion of the wortc requiring submittal and review of shop drawings, produd data, or samples, until the engineer/designer has approved the respedive submittal. Such woric shall be in accordance with approved submittals. C. Submit shop drawings, produd data, and samples as a complete set within thirty (30) days of award of contrad. 1. For initial submission and for resubmission required for approval, submit an eledronic copy of each item. The engineer/designer wnll only return two copies. Make reprodudions as required for your use and distribution to subcontradors 2. Illegible submittals wnll not be checked by the engineer D. General: Submit the following: 1. Bill of materials, noting tong lead time items 2. Optical loss budget calculations fbr each optical fiber run 3. Prefect schedule induding all major work components tiiat materially affed any other work on the projed E. Shop drawrings: Submit the foliowing: 1. Backbone (riser) diagrams 2. System block diagram, indicating interconnedion between system components and subsystems 3. Interface requirements, induding connector types and pin-outs, to extemal systems and systems or components not supplied by the contractor 4. Fabrication drawings for custom-built equipment F. Product Data ~ Provide catalog cut sheets and information for the following: 1. Wire, cable, and optical fiber 2. Outlets, jacks, faceplates, and connedors 3. All metallte and nonmetallic raceways, induding surface raceways, outiet boxes, and fittings 4. Terminal blocks and patch panels 5. Endosures, racks, and equipment housings 6. Over-voltage protedors 7. Splice housings WLC/1113400 TELECOMMUNICATIONS DISTRIBUTION SYSTEM -16751 (Consultent 06/24/14) Addendum 1 (3) G. Projed record drawings: 1. Submit projed record drawings at conclusion of the projed and indude: a. Approved shop drawings b. Plan drawings indicating locations and identification of work area outiets, nodes, telecommunications rooms (TRs), and backbone (riser) cable ains c. Telecommunications rooms (TRs) and equipment room (ER and/or MC) tennination detail sheets. d. Cross-connect schedules induding entrance point, main cross-conneds, intennediate cross-conneds, and horizontal cross-conneds. e. Labeling and administration documentetion. f. Warranty documents for equipment. g. Copper certification test result printouts and diskettes. h. Optical fiber power meter/light source test results. H. Operation and maintenance manuals: 1. Provide three (3) copies of operations and maintenance manuals. /Ks a minimum, manuals should include: a. Complete schematics of each system component b. Troubleshooting procedures c. Fadory-authorized support information 1.6 QUALITY ASSURANCE A. The following manufadurer's cabling systems are approved for ttie work of ttiis sedion: 1. TE/ADC and no others B. The contrador shall be an authorized low voltage cabling system installer. C. The contrador shall have woriced satisfadorily for a minimum of five (5) years on systems of this type and size. D. Upon request by the engineer/designer, fumish a list of references with specific informatton regarding type of projed and involvement in providing of equipment and systems. E. Equipment and materials of the type for which there are independent standard testing requirements, listings, and labels, shall be listed and labeled by the independent testing laboratory. F. Where equipment and materials have industry certification, labels, or standards (i.e., NEMA - National Eledrical Manufedurers Assodation). this equipment shall be labeled as certified or complying with standards. G. Material and equipment shall tie new. and confonn to grade, quality, and standards specified. Equipment and materials of the same type shall be a produd of the same manufadurer throughout. H. Subcontradors shall assume all rights and obligations toward the contrador tiiat the contrador assumes toward the owmer and engineer/designer. 1.7 WARRANTY A. Unless otherwise specified, unconditionally guarantee in writing the materials, equipment, and woricmanship for a period of not less than twenty (20) years from date of acceptance by the owner. The owner shall deem acceptence as beneficial use. B. Transfer manufadurer's warranties to the owner in addition to the General System Guarantee. Submit these warranties on each item in list form with shop drawings. Detail spedfic parts within equipment that are subjed to separate conditional wan-anty. Wan-anty proprietary equipment and systems involved in this contract during the guarantee period. Final payment shall not relieve you of these obligations. WLC/1113400 TELECOMMUNICATIONS DISTRIBUTION SYSTEM -16751 (Consultant 06/24/14) Addendum 1 (4) C. Effed replacement or substitutions of equipment within 24 hours of first notification. Complete repairs to equipment within 72 hours. If repairs cannot be completed during this time period, or if ordering of parts is required, forward to the owner every 72 hours, documentetion of progress of repairs. This repair c:apability is mandatory. Indude costs antidpated to comply with this requirement in the bid. 1.8 DELIVERY. STORAGE, AND HANDLING A. Proted equipment during transit, storage, and handling to prevent damage, theft, soiling, and misalignment. Coordinate with the owner for secure storage of equipment and materials. Do not store equipment where conditions fall outside manufacturer's recommendations for environmental conditions. Do not install damaged equipment; remove from site and replace damaged equipment with new equipment. 1.9 SEQUENCE AND SCHEDULING A. Submit schedule for installation of equipment and cabling. Indicate delivery, instellation, and testing for conformance to spedfic job comi^etion dates. As a minimum, dates are to be provided for bid award, installation start date, completion of station cabling, completion of riser cabling, completion of testing and labeling, cutover, compietion of the final punch list, start of demolition, owner acceptance, and demolition completion. 1.10 USE OF THE SITE A. Use of the site shall be at the owner's direction in matters in which the owner deems it necessary to place restridion. B. Access to building wherein the work is performed shall tie as direded by the owner. C. The owner will occupy the premises during the entire period of construdion for conduding his or her normal business operations. Cooperate writh the owner to minimize conflid and to facilitate the owner's operations. D. Schedule necessary shutdowns of plant sereices with the owner, and obtain written permission from the owner. Refer to artide - CONTINUITY OF SERVICES herein. E. Proceed writh the work without interfering with ordinary use of streets, aisles, passages, exits, and operations ofthe owner. 1.11 CONTINUITY OF SERVICES A. Take no adion that will interfere with, or interrupt, existing building services unless previous arrangements have been made with the owner's representative. Arrange the work to minimize shutdown time. B. Owner's personnel will perform shutdown of operating systems. The contrador shall give three (3) days' advance notice for systems shutdown. C. Should sereices be inadvertently interrupted, immediately fumish labor, induding overtime, material, and equipment necessary for prompt restoration of interrupt«i service. PART2-PRODUCTS 2.1 MANUFACTURERS A. Approved manufedurers are TE & ADC. B. Where no manufadurer is specified, provide produds of manufadurers in compliance with requirements. 2.2 FABRICATION A. Fabricate custom-made equipment with careful consideration given to aestiietic, technical, and fundional aspeds of equipment and its instellation. ^ WLC/1113400 TELECOMMUNICATIONS DISTRIBUTION SYSTEM -16751 (Consultant 06/24/14) Addendum 1 (5) 2.3 SUITABILITY ^f^. A. Provide products that are suitable for intended use, including, but not limited to environmental, regulatory, Ik^.. and eledrical. 2.4 VOICE/DATA TELECOMMUNICATIONS SERVICE BACKBONE CABLE A. Solid copper, 24 AWG, 100 Q balanced twisted-pair (UTP) backbone cable, in sizes as indicated on the drawings, with mechanical and ti-ansmlssion performance specifications that meet or exceed ANSI/TIA/EIA-568-B.2 1. Note: Listed Type CMR, CMP, MPR and/or MPP (as requ/redmf/ieWEC 2002;. B. Multimode 62.5/125 pm diameter tight-buffered optical fiber, with fiber counts as indicated on drawings, with mechanical and transmission performance specifications that meet or exceed ANSI/TIA/E1A-568-B.3 1. Note: Listed type OFNP, OFNR, OFCR, and/or OFCP (as required in the NEC 2002). C. c. Multimode 50/125 pm diameter tight-buffered optical fiber, with fiber counts as indicated on drawings, with mechanical and transmission performance spedfications that meet or exceed ANSI/ri/VEIA-568-B.3 1. Note: Listed type OFNP, OFNR, OFCR, and/or OFCP (as required in the NEC 2002). 2.5 5. VOICE TELECOMMUNICATIONS STATION CABLE A. TE/ADC Solid copper, 23 AWG, 100 balanced twisted-pair (UTP) Category 6 cables with four individually twisted-pairs, which meet or exceed the mechanical and transmission performance specifications in ANSI/TI/VEIA-568-B.2 up to 250 MHz. 1. Note: ListedTypeCMR, CMP, MPR and/or MPP (as reqw/red/nf/ie NEC 2002;. 2.6 DATA STATION CABLE (COPPER) A. TeADC Solid copper, 23 AWG, 100 Q balanced twisted-pair (UTP) Categoiy 6 cables with four individually twisted-pairs, which meet or exceed the mechanical and fransmission performance specifications in ANSI/TIA/EIA- 568-B.2 up to 250 MHz. 1. Note: Listed Type CMR, CMP, MPR and/or MPP (as reqro/redOT tfie W£C 2002;. 2.7 UNDERGROUND TELECOMMUNICATIONS CABLE (COPPER)- BY AT&T/TIME WARNER A. Solid copper, 24 AWG 100 n balanced twisted-pair, gel-filled dud cable, in sizes as indicated on the drawings, which meet or exceed ttie mechanical and transmission perfomnance spedficatfons listed in ANSI/TIA/EIA-568-B.2 and ANSI/TIA/EIA-758{A). 2.8 UNDERGROUND TELECOMMUNICATIONS CABLE (OPTICAL FIBER)-PROVIDED BY AT&T/TIME WARNER A. VOICE/DATA - COPPER WORK AREA OUTLETS B. Single-gang mounting plate with four (4) openings containing the following devices: C. Voice OuUet - TE/ADC 8-pin modular, category 6, unkeyed, white, pinned to T568B standards. D. VOICeDATA WORK AREA OUTLETS (Copper only) E. Single-gang mounting plate with four (4) openings containing the following devices: F. Voice/Data Outlet - TE/ADC 8-pin modular, category 6, unkeyed, white, pinned to T568B standards. WLC/1113400 TELECOMMUNICATIONS DISTRIBUTION SYSTEM -16751 (Consultant 06/24/14) Addendum 1 (6) G. TERMINATION BLOCKS H. Produd(s) as approved by the engineer/designer: Wiring blocks are to be in following configurations: 1 TE/ADC Highband Ultimate termination blocks (4 pair) or HighBand 25 temiination blocks (25 pair) dependent on type of cable used. . . ^, ,^ .j 2. ER - List pairs connedorized for PBX portion of ER and pairs field termrnated for backbone and CO portion of ER I. Provide wiring troughs between ER flrame sedions. 2.9 PATCH PANELS A 19 in rack mountable, 24-port 8-pin modular to insulation displacement connedor (IDC) meeting Category 6 performance standards, and pinned to T568B standards. Typical examples of IDC connedions are the 110, BIX, and Krone. 2.10 OPTICAL FIBER JUMPERS A. Dual 50/125-|jm (and/or singlemode) optical fiber jumper cable, 1 m long with 3.0 mm Duplex 568 SC optical fiber connedors on each end. 2.11 14. OPEN FRAME EQUIPMENT RACK A Open frame, 19 in. equipment rack, 7 foot 6 in. overall height with flange base, and ladder rack mounting rails drilled front and badt and tapped to EIA standards, and a front-radt mountable 10 outlet multiple outlet eledrical stilp 2.12 EQUIPMENT RACKS A. The 19 in. equipment rack shall have the following minimum requirements: 1. 77 in. (44 rack spaces) of panel space 2. Welded frame construdion 3. Locking front and rear doors r-.* * ^ 4. Adjustable front and back equipment mounting rails drilled and tapped to EIA standards 5. 10 position eledrical outiet strip 6. Removable side panels 7. Top mounted, thermostatically controlled exhaust fan 8. Ladder rack 2.13 SPARES A. Fumish the following spare equipment and parts: 1. Five (5) percent of base bid quantity of each type of jack shall be provided 2. Five (5) pert»nt of base bid quantity of each type of outiet PART 3-EXECUTION 3.1 PRE-INSTALLATION SITE SURVEY A Prior to stert of systems installation, meet at the prqed site with the owner's representative and representatives of trades perfonning related woric to coordinate efforts. Review areas of potential interference and resdve conflids before proceeding witti the woric. Fadlitation wrth ttie General Confrador will be necessary to plan the crudal scheduled completions ofthe equipment room and telecommunications closets. B. Examine areas and conditions under which the system is to be installed. Do not proceed with ttie work until satisfadory conditions have been achieved. WLC/1113400 TELECOMMUNICATIONS DISTRIBUTION SYSTEM - 16751 (Consultant 06/24/14) Addendum 1 ('^ 3.2 HANDLING AND PROTECTION OF EQUIPMENT AND MATERIALS j00m.. A. Be responsible for safekeeping of your own and your subcontradors' property, such as equipment and materials, on ttie job site. The owner assumes no responsibility for protedion of above named property against fire, theft, and environmental conditions. 3.3 PROTECTION OF OWNER'S FACILITIES A. Effedively protect the owner's fadlities, equipment, and materials from dust, dirt, and damage during construdion. B. Remove protedion at completion of the work. 3.4 INSTALLATION A. Receive, check, unload, handle, store, and adequately proted equipment and materials lo be installed as part ofthe contrad. Store in areas as direded by the owner's representative. Indude delivery, unloading, setting in place, fastening to walls, floors, ceilings, or other strudures where required, intenconneding wiring of system components, equipment alignment and adjustment, and other relatecl work whetiier or not expressly defined herein. B. Install materials and equipment in accordance with applicable standards, codes, requirements, and recommendations of national, state, and local authorities having jurisdiction, and National Electrical Code® (NEC) and with manufadurer's printed instmdions. C. Adhere to manufadurer's published spedfications for pulling tension, minimum bend radii, and sidewall pressure when installing cables. 1. Where manufadurer does not provide bending radii information, minimum-bending radius shall lie 15 times cable diameter. Arrange and mount equipment and materials in a manner acceptable to the engineer and the owner. D. Penetrations through floor and fire-rated walls shall utilize intennediate metallic conduit (IMC) or galvanized rigid conduit (GRC) sleeves and shall be firestopped after installation and testing, utilizing a firestopping assembly approved for that application. E. Install station cabling to ttie nearest telecommunications room (TR), unless othenwise noted. F. Installation shall confonn to the following basic guidelines: 1. Use of approved wire, cable, and wiring devices 2. Neat and unduttered wire termination G. Attach cabtes to pennanent stixidure with suitable attachments at intervals of 48 to 60 inches. Support cables instaiied above removable ceilings. Tie wn-aps are not acceptable. Velcro only. H. Install adequate support strudures for 10 foot of service slack at each TR. I. Support riser cables every tiiree (3) floors and at top of run with cable grips. 1. Limit number of four-pair data riser cables per grip to fifty (50) J. Install cables in one continuous piece. Splices shall not be allowed except as indicated on the drawings or noted beiow: K. Provide oven/oltage protedion on both ends of cabling exposed to lightning or acddental contad witti power condudors. WLC/1113400 TELECOMMUNICATIONS DISTRIBUTION SYSTEM -16751 (Consuttant 06/24/14) Addendum 1 (8) 3.5 GROUNDING A Grounding shall conform to ANSI/TIA/EIA e07(A) - Commerdal Building Grounding and Bonding Requirements for Telecommunications. National Electrical Code®, ANSI/NECAmiCSI-568 and manufadurer's grounding requirements as minimum. B. Bond and ground equipment racks, housings, messenger cables, and raceways. C. Conned cabinets, racks, and frames to single-point ground which is conneded to building ground system via #6 AWG green insulated copper grounding oondudor. 3.6 LABEUNG A. Labeling shall confonn to ANSI/TIA/E1A-606(A) standards. In addition, provide the following: B. Label each outlet with permanent self-adhesive label with minimum 3/16 in. high charaders. C Use labels on face of date patch panels. Provide facility assignment records in a protedive cover at each telecommunications doset location that is specific to the fadlities terminated therein. D. Labels shall be machine-printed. Hand-lettered labels shall not be acceptable. E Label cables outlets, patch panels, and punch blocks with room number in which outiet is located. fdlowed by a single letter suffix to indicate particular outiet within room, i.e., S2107A, S2107B. Indicate riser cables by an R then pair or cable number. F Maric up floor plans showing outiet locations, type, and cable marking of cables. Tum these drawings over to the owner two (2) weeks prior to move in to allow the ownei's personnel to conned and test owner-provided equipment in a timely fashion. G An eledronic set of as-butit drawing shall be delivered to the owner within four (4) weeks of acceptance of projed by the owner. A set of as-built drawings shall be provided to the owner in magnetic media form (3.5" floppy disks) and utilizing CAD software that is accepteble to the owner. The magnetic media shall be delivered to the owner within six (6) weeks of acceptance of projed by owner. 3.7 TESTING A. Testing shall conform to ANSI/TIA/EIA-568-B.1 standard. Testing shall be accomplished using level He or higher field testers. B Test each pair and shield of each cable for opens, shorts, grounds, and pair reversal. Con-ed grounded, and reversed pairs. Examine open and shorted pairs to detennine if problem is caused by improper termination. If tennination is proper, tag bad pairs at both ends and note on tennination sheets. 1 Perfomi testing of copper cables with tester meeting ANSI/TIA/EIA-568-B.1 requirements. 2. If copper backbone cable contains more than one (1) percent bad pairs, remove and replace entire 3. If copper cables contain more ttian the following quantity of bad pairs, or if outer sheatii damage is cause of bad pairs, remove and replace the entire cable: CABLE SlizE MAXIMUM BAD PAIRS <100 "I 101 to 300 ^-3 301to600 3-6 >601 6 4. If horizontal cable contains bad condudors or shield, remove and replace cable. 5. Eledronic reports witti test results and program to view results. C. Where any portion of system does not meet the specifications, corred deviation and repeat applicable testing at no additionai cost to the owner. WLC/1113400 TELECOMMUNICATIONS DISTRIBUTION SYSTEM -16751 (Consultent 06/24/14) Addendum 1 (9) 3.8 FIELD QUALITY CONTROL A Employ job superintendent or projed manager during the course of the instellation to provide coordination of work of this specification and of other trades, and provide technical information when requested by other trades. This person ^all maintain cun-ent RCDD® (Registered Communications Distribution Designer) registration and shall be responsible for quality control during installation, equipment set-up, and testing. B At least 30 percent of installation personnel shall be BICSI Registsred Telecommunications Installers. Of ttiat number, at least 15 percent shall be registered at the Technician Level, at least 40 percent shall be registered at the Installer Level 2, and ttie batence diall be registered at the /nste//er Level 1. C. Installation personnel shall meet manufadurer's training and education requirements for implementation of extended wan-anty program. END OF SECTION W WLC/1113400 TELECOMMUNICATIONS DISTRIBUTION SYSTEM -16751 (Consuttant 06/24/14) Addendum 1 (""^^ Architects, Inc. SOUTHERN CALIFORNIA 8163 Rochester Ave.. Suite 100 Roncho Cucomongo Colifornio 91730-07^9 tel: fox: 909-987-0909 909-980-9980 CARLSBAD FIRE STATION No.3 CARLSBAD, CA ADDENDUM No.1 DRAWN CHECKB) DATE 06/23/2014 SCALE ASSHOWr mo un 11134 REF. 7/A-1.4 A1 Architects, Inc. juNcaocucuicDKU - rotsou- amxmiM SOUTHERN CALIFORNIA 8163 Rochester Ave.. Suite 100 Roncho Cucomongo Colifornio 91730-0729 tel: 909-987-0909 fox: 909-980-9980 CARLSBAD FIRE STATION No. 3 CARLSBAD, CA ADDENDUM No.1 DRAWN DATE 06/23/2014 SCALE AS SHOWr lAOMn 11134 REF. 8/A-1.4 A2 Wfc€ Architects, Inc. SOUTHERN CALIFORNIA 8163 Rochester Ave.. Suite 100 Roncho Cucomonqo Colifornio 91730-0729 tel: 039-987-0909 fox: 909-980-9980 CARLSBAD FIRE STATION No.3 CARLSBAD, CA ADDENDUM No.1 DRAWN CHECKED DAU 06/23/2014 SCM£ AS SHOWr 11134 REF. 8/A-2.1 A3 12 .-^13 lo^ /¥nQH CAST METAL LETTERS WITH REAR-LIT LIGHTING SYSTEM '-N,/'"^^,^—\ > N/- S/"-^ "N/—N/'~X^'~~N/--N/''~N/^'~-N/-^ S/ S/^"^ (iwi) WALL MOUNTED LIGHT FIXTURE, SEE ELECTRICAL DRAWINGS Wfc€ Architects, Inc. SOUTHERN CALIFORNU 8163 Rochester Ave., Suite 1(X) Roncho Cucwnongo Colifornio 91730-0729 tel: 909-987-0909 fox: 909-980-9980 CARLSBAD FIRE STATION No. 3 CARLSBAD. CA ADDENDUM No.1 DRAWN CHECKS) DATE 06/23/2014 SCALE 1/B"=r-0" ino Kin 11134 REF. 6/A-3.1 A4 1/2" to INTERNATIONAL SYMBOL OF ACCESSIBILITY W/ WHITE SYMBOL GRAPHICS NON GLARE BLUE BACKGROUND COLOR - FEDERAL BLUE NO. 15090 1/4- WIDE WHITE BORDER • 1/2" CORNER RADIUS ' NOTE: 1. PROVIDE ACCESSIBLE ENTRY SIGN AT ALL MAIN EXTERIOR BUILDING ENTRYS PERCBC1117B.5.8.1.2. < < < < < < < 2. PROVIDE MECHANICAL MOUNTING W/VANDAL RESISTANT FASTENERS PROVIDE ADHESIVE MOUNTING SYSTEM WHEN ATTACHED TO GLAZING. REFER TO SIGNAGE SCHED FOR LOCATIONS RLE/CSI NUMBBl XDIO-013 REVISION DATE: 00/000004 JOB NUMBER: JOB NUM^ ACCESSjBLEENTRYSIGN 3''=1'-0" 17 wte ^ Architects, Inc. juMancvautmA.Kunu-ommuM SOUTHERN CALIFORNIA 8163 Rochester Ave.. Suite 100 Roncho Qjcomongo Colifornio 91730-0729 lel: 909-987-0909 fox: 909-980-9980 CARLSBAD FIRE STATION No. 3 CARLSBAD, CA ADDENDUM No.1 mm CHECKED DATE 06/23/2014 SCALE AS SHOWf moun 11134 REF. 17/A-5.3 A5 NOTE: AT fiLL DOUBLE DOORS LOCATE SIGNAGE ADJACENT TO JAMB OF INACTIVE LEAF OF DOC« PAIR. PROVIDE 90 DEGREE INHIBITOR TYPE CLOSER ON INACTIVE DOOR. ACCESSIBLE RESTROOM SYMBOL AT ALL RESTROOM DOORS < < < < SURFACE MOUNTED ACCESSIBLE ENTRY SIGN AT CORRELATING DOOR- MOUNT AT STRIKE SIDE OF OOOR SURFACE MOUNTED TACTILE EXIT SIGN WITH^ LETTERING AND BR/VILLE TO ILLUSTRATE INFORMATION INDICATED ON TACTILE EXIT SIGNAT CORRELATING DOOR. STRII« SIDE OF DOOR, TYP. SURFACE MOUNTED ROOM CONTROL SIGNAGE WITH LETTERING AND BRAILLE TO ILLUSTRATE INFORMATION INDICATED ON ROOM CONTROL SIGN AT CORRELATING DOOR. STRIKE SIDE OF DOOR, TYP. SCHEDULED DOOR REVISION DATE 02030009 JOBNUMBER: 0518000 < < < A< SIGN MOUNTING DETAIL 1/2"=r-0" 21 -Wbe Architects. Inc. SOUTHERN CALIFORNIA 8163 Rochester Ave., Suite 100 Rffiidio Cucomongo Cdifomio 91730-0729 tel: 909-987-0909 fox: 909-980-9980 CARLSBAD FIRE STATION No. 3 CARLSBAD, CA ADDENDUM No.1 mm (CHECKED DATE 06/»/2014 SCALE ASSHOW^ irtQMrk 11134 REF. 21/A-5.3 A6 UNISEX RESTROOM 12" DIA W-J/lf-W NOTE: AHACH SIGN USING FLATHEAD VANDAL RESISTANT C0UNTH*SUNKS(31EWSANDADHESI\^ SIGN SHALL BE CENTERED ON THE DOOR AND MOUNTED ff-O" ABOVE FIN FLOOR LINE TO CENTER OF SGN. SEE ALSO DETAIL 13/A-8.3. RADIUS CORNERS, (TYP.) CLEAR ACRYLIC RASTIC OPAQUE CaORED ACRYLIC PLACT1C BACKING PAINT BORDER ON INTERIOR FACE OF aEAR PLASTIC aEAR ACRYLIC PLASTIC BACKGROUND COLOR SHALL CONTRAST 70% WITH OOOR COLOR. WHEN ISA IS USED, COLOR TO BE FEDERAL BLUE N015090 INTERNATIONAL SYMBa OF ACCESSIBILITY (ISA) ONLY AT ACCESSABLE RESTROOMS WHITE IN COLOR CIRCLE/TRIGANLE TO CONTRAST IN COLOR TO EACH OTHER < < < < < < < < < < FILEK:SI NUMBER: XD1(M)15 REVISION DATE: 02030009 JOBNUMBER JOBNUMBER RESTROOM SYMBOL 1 1/2"=1'-0" 22 Wfce Architects, Inc. SOUTHERN CALIFORNIA 8163 Rochester Ave., Suite too Rwicho Cucomongo Cdifornio 91730-0729 tel: 909-987-0909 fox: 909-980-9980 CARLSBAD FIRE STATION No.3 CARLSBAD, CA ADDENDUM No.1 DRAWN OECKED DATE 06/23/2014 SCALE ASSHOWr IAD kin 11134 REF. 22/A-5.3 A7 UNISEX RESTROOM NOTE: ATTACH SIGNS USING FLATHEAD VANDAL RESISTANT COUNTERSUNK SCREWS AND /ADHESIVE. SIGNS SHALL BE MOUNTED S'-O" ABOVE FIN FLOOR LINE TO THE CENTERLINE OF THE SIGN ON THE STRIKE SIDE OF THE DOOR. SEE ALSO DETAIL 13/A-8.3. 1/2" RADIUS CORNERS, TYP WHITE GRAPHIC IMAGES & TEXT EQUALLY SPACED ON SIGN NON GLARE BACKGROUND RNISH COLOR TO BE FEDERAL BLUE NUMBER 15090 BRAILLE FONT: CALIFORNIA ROUND TOP CONTRACTED GRADE 2 BRAILLE DOTS 1/10" O.C, 2/10" BETWEEN CELLS, RAISED MIN. 1/40" ABOVE BACKGROUND REFER 20/A10.1 1" HIGH LETTERS, RAISED MIN 1/32" ABOVE BACKGROUND. SANS SERIF UPPERCASE TEXT" RESTROOM" AS SHOWN - WHITE COLOR TEXT AND BRAILLE TO BE CENTERED ON SIGN. SEE DETAIL 5/A-8.6 CHARACTER SIZE: RAISED CHARACTERS SHALL BE A MIN OF %' AND A MAX OF 2" HIGH. FINISH AND CONTRAST: CONTRAST BETWEEN CHARACTERS, SYMBOLS AND THEIR BACKGROUND MUST BE 70% MIN AND HAVE A NON-GLARE FINISH. 1117B.5.2 PROPORTIONS: CHARACTERS ON SIGNS SHALL HAVE A WIDTH-TO-HEIGHT RATIO OF BETWEEN 3:5 AND 1:1 AND A STROKE WIDE-TO-HEIGHT RATIO OF BETWEEN 1:5 AND 1:1011178.5.3 HLBCSl NUMBER; XD1^016 REVISONOATB 02030008 J<}B NUMBER: JOBNUMBER WALL MTD. RESTROOM SIGN 1 1/2"=1'-0" 23 Wbe Architects, Inc. MmsnaKduoiiCA-Fouat-ituamsM SOUTHERN CALIFORNIA 8163 Rochester Ave.. Suite 100 Roncho Cucomongo Colifornio 91730-0729 tel: 909-987-0909 fox: 909-980-9980 CARLSBAD FIRE STATION No.3 CARLSBAD, CA ADDENDUM No.1 mm CHECKED DATE 06/23/2014 SCALE AS SHOWr tnaur\ .(1134 REF. 23/A-5.3 A8 > > > > } K >l > > > NOSMOKING^ WITHIN 25'OF ALL- BUILDINGS 1/2" CORNER RADIUS. TYP. NO SMOKING SYMBOL, RED AND BLACK, 4" HIGH. 3/4" HIGH TEXT, BLACK. 1/2" HIGH. TEXT. 16GA GALV. STEEL SIGN, WITH WHITE BACKGROUND. FINISH FLOOR FILE/CSt NUMBER- XD10-018 REVISION DATE: 0800/12 NOTE: PROVIDE MECHANICAL MOUNTING W/ VANDAL RESISTANT FASTENERS. PROVIDE ADHESIVE MOUNTING SYSTEM WHEN ATTACHED TO GLAZING JOBNUMBER: 09183 (ISIQjSMOKjNQSlQN 3"=r-o" 24 Architects, Inc. noKmcuciMOHGA -ntsoK- aaxmut SOUTHERN CALIFORNIA 8163 Rochester Ave., Suite 100 Roncho Cucomongo Cdifomio 91730-0729 tel: 909-987-0909 fox: 909-980-9980 CARLSBAD FIRE STATION No.3 CARLSBAD, CA ADDENDUM No.1 DRAWN CHECKED DATE 06/23/2014 SCALE ASSHOWr inDun 11134 REF. 24/A-5.3 A9 20A\ 1 0; dfr^.i--:^git-;%?:>^C g^„y-.iLrT"-J|-^ I ROOMSHOWN I I ! SHADEOVWI/ lE^ElVEPOUSHEQ I :RETE^ I I r- - • ^?mm ml- -±\-\ .•18-WlOD(24"THKjKCdNr. CONC. GRADE BM.ei5'.<' ••'P: O.C. W/MS CONT. TOP •^'•1 li:^-'",*' ;'Jt;X>V4^_, j^/^^ S8XB A ifl 3C> 5'THICK CONCRETE SIAB ON GRADE WW e 14- O.C. EA WAY MWlDflEPTH OVER 15 MIL "VISQUEEN" VAIKM BARRIER OVER 4" SAND OVER COMPAjn|D SUBGRADE ry?. U.N.O. Mr Vm)EX24'THICK CONT. CONC GRADE BM.W/J#S CONT.T0PaBOrT0M&«3 TlES^ei2'0.C.TYP PARTIAL FOUNDATION PLNAS2.1 SOtmCRN CALIFORNIA «iejROCHESIERAVa«JE. SUITE 100 RANCHO CUCAMONGA CAUFORNIA 9173tM)729 Ta.:S08-8WJ»09 yMw.wkatMaduom CARLSBAD FIRE STATION No. 3 CARLSBAD, CA ADDENDUM No.1 DRAWN iOK CHECKED PT DATE 06/23/2014 SCALE 1/8"=1'-0" JOBNO. 11134 REF. S2.1 S-1 -TT I mtenurMHUWMiaMi. VISC8JE&I 0«R 4-UYEp:0F SAND OVER MNMUMrOF CALTRANS CLASS 2 AGGREGATE BASE OVER CC1MPACT^,SUBGWJ6E (TYP. AT APPARATUS itoOM)./ TTT T-r L=i6'.r L=14'.6r ^L=S-.3- HSS5X5X3W 10 11 12 14 G PARTIAL FOUNDATION PLNAS2.1 S(N)THERNCAL^=ORNIA MOS ROCHESISt AVEMS, SURE 100 RANCHOCUCAMONSA CUJroi»IIAB173(MI72S «Nm.wl(iRh)lKbxoni CARLSBAD FIRE STATION No. 3 CARLSBAD. CA ADDENDUM No. 1 DRAWN IDK REF. S2.1 S-2 S(N)THERNCAL^=ORNIA MOS ROCHESISt AVEMS, SURE 100 RANCHOCUCAMONSA CUJroi»IIAB173(MI72S «Nm.wl(iRh)lKbxoni CARLSBAD FIRE STATION No. 3 CARLSBAD. CA ADDENDUM No. 1 CHECKED PT REF. S2.1 S-2 S(N)THERNCAL^=ORNIA MOS ROCHESISt AVEMS, SURE 100 RANCHOCUCAMONSA CUJroi»IIAB173(MI72S «Nm.wl(iRh)lKbxoni CARLSBAD FIRE STATION No. 3 CARLSBAD. CA ADDENDUM No. 1 DATE 06/23/2014 REF. S2.1 S-2 S(N)THERNCAL^=ORNIA MOS ROCHESISt AVEMS, SURE 100 RANCHOCUCAMONSA CUJroi»IIAB173(MI72S «Nm.wl(iRh)lKbxoni CARLSBAD FIRE STATION No. 3 CARLSBAD. CA ADDENDUM No. 1 SCALE 1/8'=1'-0" REF. S2.1 S-2 S(N)THERNCAL^=ORNIA MOS ROCHESISt AVEMS, SURE 100 RANCHOCUCAMONSA CUJroi»IIAB173(MI72S «Nm.wl(iRh)lKbxoni CARLSBAD FIRE STATION No. 3 CARLSBAD. CA ADDENDUM No. 1 JOBNO. 11134 REF. S2.1 S-2 10 1/2" STRUCT! PLYWC 10d@2"O.C.B.N., 10d@3"O.C.E.N.,& 10d@12"O.C.F.N. BLOCX ALL EDGES,! IS ROOF. PARTIAL ROOF FRAMING PLAN 1/S4.1 SOUTffiRN CAUFORNIA aieS ROCHESTER AVENUE. SUITE 100 RANCHO CUCAMONGA CAUFORNIA SITSMTZa TEUaOMS7.<m CARLSBAD FIRE STATION No. 3 CARLSBAD, CA ADDENDUM No.1 DRAWN IDK CHECKED PT DATE 06/23G014 SCALE 1/8"=1'-0" JOBNO. 11134 m=. S4.1 S-3 0 0 0 . 1/2" STRUCT 1 PLYWOOD SHTG W/ 10d@2"O.aaN., 10d@3"O.C.E.N.,& 10d@12"O.C.F.N. BLOCK/PLEDGES, TYP. AT JSROOF. SEEDETAlH-cfj 18 " PARTIAL ROOF FRAMING PLAN 1/84.1 SOUTHERN CAUFORNIA mes ROCHKTER AVENUE, SUTTE 100 RANCHOCUCAMONSA CALIFORMA 917304729 TEL:9(B«S7.«90g www.wlciitMacts.oafn CARLSBAD FIRE STATION No. 3 CARLSBAD, CA ADDENDUM No.1 DRAWN IDK CHECKED PT DATE 06/23/2014 SCALE 1/8"=r-0" JOBNO. 11134 FCF. S4.1 S-4 PARTIAL ROOF FRAMING PLAN 1/S4.1 SOUTHERN CALFORNIA tlS3 ROCIESTER AVENUE, SUnE 100 RANCHO CUCAMONGA CAUFORNIA 91730.0729 TEL-909487.0909 www.wlciRhftMb.cam CARLSBAD FIRE STATION No. 3 CARLSBAD, CA ADDENDUM No.1 DRAWN IDK REF. S4.1 S-5 SOUTHERN CALFORNIA tlS3 ROCIESTER AVENUE, SUnE 100 RANCHO CUCAMONGA CAUFORNIA 91730.0729 TEL-909487.0909 www.wlciRhftMb.cam CARLSBAD FIRE STATION No. 3 CARLSBAD, CA ADDENDUM No.1 CHECKffi PT REF. S4.1 S-5 SOUTHERN CALFORNIA tlS3 ROCIESTER AVENUE, SUnE 100 RANCHO CUCAMONGA CAUFORNIA 91730.0729 TEL-909487.0909 www.wlciRhftMb.cam CARLSBAD FIRE STATION No. 3 CARLSBAD, CA ADDENDUM No.1 OATE 06/23^014 REF. S4.1 S-5 SOUTHERN CALFORNIA tlS3 ROCIESTER AVENUE, SUnE 100 RANCHO CUCAMONGA CAUFORNIA 91730.0729 TEL-909487.0909 www.wlciRhftMb.cam CARLSBAD FIRE STATION No. 3 CARLSBAD, CA ADDENDUM No.1 SCALE 1/8"=1'-0" REF. S4.1 S-5 SOUTHERN CALFORNIA tlS3 ROCIESTER AVENUE, SUnE 100 RANCHO CUCAMONGA CAUFORNIA 91730.0729 TEL-909487.0909 www.wlciRhftMb.cam CARLSBAD FIRE STATION No. 3 CARLSBAD, CA ADDENDUM No.1 JOBNO. 11134 REF. S4.1 S-5 8 Jl WT=175# 4X12 STRUT 1 'I uf^ i JT OVER STRUT& •rfXO Ol ATC I IMPMSTBl OVERSTRl IS 10 TYP 2X10@16-O.C. SEE OETAIL VENT HOLES NgJ ^17B^ SEEDETA1L\S8VF0 -VENT HOLES ATBXIO BEAMS TYP 2X10 @ IFO. SEE DETAIL VENT HOLES TfPl 1 S8.47 5 17B S8.1 2X10@1B"O. PARTIAL ROOF FRAMING PLAN 1/S4.1 SOUTHERN CAUFORMA 8I«3 ROCHESTER AVB«JE, SUITE 100 RANCHO CUCAMONGA CAUFORNIA 9173M729 TBJ 100.997.0909 www.wlcaRMMi.cani CARLSBAD FIRE STATION No. 3 CARLSBAD, CA ADDENDUM No.1 DRAWN IDK CHECKED PT OATE 06/23/2014 SCALE 1/8"=r-0" JOBNO. 11134 REF S4.1 S-6 -412" STRUCT I PLYWOOD SHTG WA itwfflU'nr. RN PARTIAL ROOF FRAMING PLAN 1/S4.1 CARLSBAD FIRE STATION No. 3 CARLSBAD, CA ADDENDUM No, 1 DRAWN IDK CHECKED PT DATE 06/23/2014 SCALE l/S'^r-O" JOBNO. 11134 REF. S4.1 S-7 i 9 10 11 SOUTHEIWCALFDRNIA B163 ROCHESTER AVBME. SUITE 100 RANCHOCUCAMONGA CAUFOmiA917304729 TEL90S«S74909 wwv.ntevdi)IKtt.Cflni CARLSBAD FIRE STATION No. 3 CARLSBAD, CA ADDENDUM No.1 DRAWN IDK REF. S4.1 S-8 SOUTHEIWCALFDRNIA B163 ROCHESTER AVBME. SUITE 100 RANCHOCUCAMONGA CAUFOmiA917304729 TEL90S«S74909 wwv.ntevdi)IKtt.Cflni CARLSBAD FIRE STATION No. 3 CARLSBAD, CA ADDENDUM No.1 CHEOCEO PT REF. S4.1 S-8 SOUTHEIWCALFDRNIA B163 ROCHESTER AVBME. SUITE 100 RANCHOCUCAMONGA CAUFOmiA917304729 TEL90S«S74909 wwv.ntevdi)IKtt.Cflni CARLSBAD FIRE STATION No. 3 CARLSBAD, CA ADDENDUM No.1 DATC 06/23/2014 REF. S4.1 S-8 SOUTHEIWCALFDRNIA B163 ROCHESTER AVBME. SUITE 100 RANCHOCUCAMONGA CAUFOmiA917304729 TEL90S«S74909 wwv.ntevdi)IKtt.Cflni CARLSBAD FIRE STATION No. 3 CARLSBAD, CA ADDENDUM No.1 SCALE 1/8"=1'-0" REF. S4.1 S-8 SOUTHEIWCALFDRNIA B163 ROCHESTER AVBME. SUITE 100 RANCHOCUCAMONGA CAUFOmiA917304729 TEL90S«S74909 wwv.ntevdi)IKtt.Cflni CARLSBAD FIRE STATION No. 3 CARLSBAD, CA ADDENDUM No.1 mm. 11134 REF. S4.1 S-8 11 12 SOUTHERN CAUFORNIA 1193 ROCHESTBi WENUE. SUITE 100 RANCHOCUCAMONSA CALIFORNIA 917304729 TEL: 9004074)909 www.wlcaidilKla.enn CARLSBAD FIRE STATION No. 3 CARLSBAD, CA ADDENDUM No.1 ORAVm IDK CHECKED PT DATC 06/23/2014 SCALE 1/8"=1'-0" JOBNO. 11134 REF. S4.1 S-9 MEZZANINE FRAMING PLAN 3/S4.1 SOUnSWi CAUFORNM S163ROCHESTB<A«NUE. SUITE 100 RANCHOCUCAMONSA CAUFORMA917»«729 TB: 909-9974909 www.wlciidiaacia.am CARLSBAD FIRE STATION No. 3 CARLSBAD, CA ADDENDUM No.1 DRAWN IDK CHECKED PT DATC 06/23/2014 SCALE m'=V4r JOBNO. 11134 REF. S4.1 S-10 — A MEZZANINE FRAMING PLAN 4/S4.1 CARLSBAD FIRE STATION No. 3 DRAWN IDK REF. S4.1 SOUTHERN CAUFORNIA m«3 ROOSSTER AVENUE. SUITE 100 RANCW CUCAMONGA CALIFORNIA 9)73(M>729 CARLSBAD FIRE STATION No. 3 CHECKED PT J A SOUTHERN CAUFORNIA m«3 ROOSSTER AVENUE. SUITE 100 RANCW CUCAMONGA CALIFORNIA 9)73(M>729 CARLSBAD, CA DATC 06/23/2014 1B.'00S487-0g0S w«Mi.vricaRMtactsxom ADDENDUM No.1 SCALE 1^"=r..O-0"! 1 ADDENDUM No.1 JOBNO. 11134 2-2X6 PLATES W/4-16d 2-16<iONEA.SIDE y ATEA. PUTE ^ 2-2X6 STUD W/2-16d@12"O.C. 2X6 STUD 2X6 STUD® 16" O.C. 2X6BLK'GW/EN TO BLK'G FROM PLYWOOD SHTG 2X6 STUD W/2-16d- @ 12" O.C. 2X6 STUD® 16* O.C. HSS COL. PER PLAN 6X6 POST TYP 2X6 STUD Wffi/8"0 -NELSON STUD® 16" O.C. \ PLYWOOD SHTG Q ^—PER SHEAR WALL SCHBJULE REVISED DETAIL 3B/S7.2 SOUTHBWCALffORNIA 816SROCHESIER AVENUE. SUITE 100 RANCHOCUCAMONGA CAUFORNIA 917304)729 1EL90»««7.0909 www.wlaaRMiaLocm CARLSBAD RRE STATION No. 3 CARLSBAD, CA ADDENDUM No.1 mm IDK CHECKED PT DATC 06/23/2014 SCW£ 3/4"=r-0" JCBNO. 11134 Rff. 3^7.2 S-12 4X6 STUD WWTO HEM)B3B0LT@- 16" O.C. 16" CMU WALL- SIMP. ASS aMP.LTP50NEASIDE PLATEl (A) REVISED DETAIL 4A/S7.2 CARLSBAD FIRE STATION No. 3 DRAWN IDK REF. 4/S7.2 SOUTISRN CAUFORNIA 8193 ROOffiSTER AVBIUE. SUITE 100 RANCHOCUCAMONGA CALFORNIA 917304729 CARLSBAD FIRE STATION No. 3 CHECKED PT SOUTISRN CAUFORNIA 8193 ROOffiSTER AVBIUE. SUITE 100 RANCHOCUCAMONGA CALFORNIA 917304729 CARLSBAD. CA DATC 06I23I20U TEL 9094974909 Wiiwi.wlcaidiftad5.CCTn ADDENDUM No.1 SCALE 3/4-=r-0" 0 10 ADDENDUM No.1 JOBNO. 11134 2X8 STUDS @16"0.C, 2X SOLID BLK'G 4'-0"O.C.TYP. \ EN--^ PLYWOOD STH'Gl^ PER SHEAR WALL SCHED. REVISED DETAIL 7/S8.1 CARLSBAD FIRE STATION No. 3 DRAWN IDK REF. 7/S8.1 SOUTIffiRN CAUFORNIA MS3 ROCHESTER AVENUE, SUdE 100 RANCHOCUCAMONGA CAtffORMA 017304729 CARLSBAD FIRE STATION No. 3 CHECKH) PT 0^ A A SOUTIffiRN CAUFORNIA MS3 ROCHESTER AVENUE, SUdE 100 RANCHOCUCAMONGA CAtffORMA 017304729 CARLSBAD, CA DATC 06/23/2014 TEL: 9094874909 ADDENDUM No.1 &MJE 3/4-=r-0" 0 IT-ADDENDUM No.1 JOBNO. 11134 1/2" STRUCT. I PLYWD mTGVIIlOd ( 4"0.C. BN & lOd @ 6" BJ & lOd @ 12"0.C. FN, BLOCK ALL EDGES PLYWD SHTGQ) PER SHEAR WALL SCHEDULE TYP. ^10'-0" -2X6@24"O.C.W/ "SIMP" LB HANGERS ATEA. END 2X6 STUDS® 16"0.C.TYP. LYWDSHTGCP PH? SHEAR WALL SCHEDULE TYP. 2X6 PLATE W/2-16d 12*0.C.TYP. -2-2X6 PLATES TYP. -2X6 STUDS® 16"0.C.TYP. NEW DETAIL 20/S8.1 SOUTHERN CAUFORMA «1«9 ROCHESTER AVENUE, miRE 100 RANCHOCUCAMONGA CAUFORNIA t173M729 TEL 909487-4909 www.wlonlMaixani CARLSBAD nRE STATION No. 3 CARLSBAD, CA ADDENDUM No.1 DRAWN IDK CHECKED PT DATC 06/23G014 SCALE 3/4"=r-0" JOBNO. 11134 REF. 20/S8.1 S-15 7t 0= = : 0= = = 7~7~ 6X6 BLK'G W/2-SiMP.A35 ATEA. END (ONEEA SIDE) -SIMP. U HANC 2X6 LEDGE W/SB" HEADED BOLT® 22*O.C. 2X4 HANGER ©Iff-O.C.W/ "2-16d ATEA END -2X4 BLK'G REVISED PARTIAL DETAIL 14/S8.3 2X SOLID BLDG. W/ 'SIMP. ASS EA. BLK. 6XBM PER PLAN SIMP. H3EA SIDE ATEA. STUD -2X4 BRACE @32"0.C.W/ 3-16d ATEA END -2X6 STUD® 16" O.C. -EN 4X6 NAILER W/5/8"0 NELSON STUD @16'X3.C. CARLSBAD FIRE STATION No. 3 mm IDK fEF. 14/S8.3 SOUTHERN CALRKIRNIA 8183 ROCHESTER AVaiUE, SUITE 100 RANCHOCUCAMONGA CALIFORNIA 917304729 CARLSBAD FIRE STATION No. 3 CHECKED PT A A SOUTHERN CALRKIRNIA 8183 ROCHESTER AVaiUE, SUITE 100 RANCHOCUCAMONGA CALIFORNIA 917304729 CARLSBAD, CA DATC 06/23/2014 lEL-909487-0009 www.wlcaiahftBds.ccm ADDENDUM No.1 SCALE 3/4"=1'-0" 0" lu ADDENDUM No.1 JOBNO. 11134 46" CMU WALL W#6 HORIZ. E.F@ 16" O.C. 1/2" STRUCT I PLYWD SHPG W/ 10d@4"O.C.EN&10d@6"O.C. EN&10d@12"O.C. FN. BLOCK ALi EDGES BN 2X6PUTCW/ 2-16d @ 12"0.C. BN t 2X6@24"0.C. 4X6 LEDGER W/3/4"0 HEADED BOLTS @16"0.C. 2X6 STUD @ie"O.C. 2-2X6 PLATES NEW DETAIL 20/S8.3 SOtHHERN CALIFORNIA 8183 ROCHESTER AVENUE. SUITE too RANCHOCUCAMONGA CALIFORNIA 917304729 78.-9094874909 CARLSBAD FIRE STATION No. 3 CARLSBAD. CA ADDENDUM No.1 mm IDK CHECKED PT OATE 06/23/2014 SCALE 3/4"=1'-0" JOBNO. 11134 REF. 20/S8.3 S-17 LL. -4X6 STUD W/ 5/8"0 HEADED BOLT @16"0.C.TYP. 2X6 SILL PLATC I I -SIMP. PA28 STRAP I I PLYWD SHTG Illlli -SIMP ASS 2-2X6 PLATCS 4X6 LEDGER 2X6 STUDS @16"0.C.- 16" CMU WALL 6X6POST- \ SIMP V MST48 STRAP SIMP ASS- 6X6 POST- NEW DETAIL 21/S8.3 -SIMP BC60 SOUnCRN CAUFORNIA 8183I<0CHESTERAVE^RJE, SUITE 100 RANCHOCUCAMONGA CAUFOmilA9173(M)729 10:9094874909 www.wlcanMacta.com CARLSBAD FIRE STATION No. 3 CARLSBAD, CA ADDENDUM No.1 mm IDK CHECKED PT OATC 06/23/2014 SCALE 3/4"=1'-0" JOBNO. 11134 REF. 21/S8.3 S-18 2X JOIST PER 4X LEDGER W/3/4"0 HEADED BOLT® 16" O.C. 16" CMU WALL NEW DETAIL 22/S8.3 CARLSBAD FIRE STATION No. 3 DRAWN IDK REF. 22/S8.3 SOUnCRN CAUFORNIA 8183 R0OCS1ER AVaWE, SUITE 100 RANCHOCUCAMONGA CALIFORMA917304729 CARLSBAD FIRE STATION No. 3 CHECKED PT 0K A A SOUnCRN CAUFORNIA 8183 R0OCS1ER AVaWE, SUITE 100 RANCHOCUCAMONGA CALIFORMA917304729 CARLSBAD, CA DATC 06/23/2014 TEL: 9094974909 www.iMcaRMacts.oaai ADDENDUM No.1 SCALE 3/4"=1'-0" 0" Iv7 ADDENDUM No.1 JOBNO. 11134 2X WOOD NAILER W/5/B"0 NELSON STUD® 16"O.C. UN.O. HSS BEAM PER PLAN REVISED DETAIL 11/S8.4 SOUTHERN CALIFORNIA 8183 ROCHESTER A«NUE. SUITE 100 RANCHOCUCAMONGA CAUFORMA 8173(H)729 TH: 9094874909 CARLSBAD FIRE STATION No. 3 CARLSBAD, CA ADDENDUM No.1 DRAWN CHECKH) DATC 06/23/2014 SCALE 3/4"=1'-0" JOBNO. 11134 REF. 11/S8.4 S-20 4X STRUT PER PLAN 1/2"X7" WIDE PLATE W/2-3«"0 NELSON STUD BOLTS AT CENTCRUNEOFBEAM •WOOD BM PER PLAN 16"CMUWALL- -Q= = = 4- 1/4" BENT U PLATE 1. W/2-5«"0 BOLTS REVISED DETAIL 13/S8.4 SOUTHERN CAUFORMA 8183 ROCHESTER AVBUE. SUITE 100 RANCHOCUCAMONGA CAUFORNIA917304729 TB.-9094874909 www.wlcarcMaGtsxani CARLSBAD FIRE STATION No. 3 CARLSBAD, CA ADDENDUM No.1 DRAWN CI€CI«D DATC 06/23/2014 SCALE 3/4"=1'-ff' JOBNO. 11134 REF 13/S8.4 S-21 5" EMBED AT 8" CMU 9" EMBED AT 12" CMU ' S/a'XS 1/2" WIDE NELSON STUD BOLTS 1/4" BENT U PLATE W/2-5/B"0 BOLTS .WOOD BM PER PLW^I (RECESS BM. INT01/4" PLATE) CMU WALL PER PLAN NEW DETAIL 17B/S8.4 CARLSBAD FIRE STATION No. 3 DRAWN FEF 17/S8.4 SOUneRN CALIFORNIA 8183 ROCWSTER AVENUE. SUITE 100 RANCHOCUCAMONGA CAUFORNIA 91730-0729 CARLSBAD FIRE STATION No. 3 CHEa<ED SOUneRN CALIFORNIA 8183 ROCWSTER AVENUE. SUITE 100 RANCHOCUCAMONGA CAUFORNIA 91730-0729 CARLSBAD, CA OATC 06/23/2014 TH.-9094874909 WWMMMtCVdlftKtSXOni ADDENDUM No.1 SCALE 3/4"=1'-0" 0 LL ADDENDUM No.1 JOBNO. 11134 6XBMPERPLANOR4X RAFTCRPERRAN 1/4"X4" STRAP ON EA SIDE W/{2>5ffl"0 BOLTS 1/4"X3" STRAP ON EA SIDE W/(2h5;8"0 BOLTS 2-2X6 PIATCS HSS BM PER PLAN 1/4"X4" STRAP EA. SDE W/(2)-5ffl^'0BaTS 6X6 POST 2X6 STUD W/ 2-16d@ ^ 12"0.C. WOOD BM PER PLAN 4X6 NAILER W/ (2)-S«"0NELSOf STL© 2X6 STUD® 16*0.0. SIMP HUC (MAX.) HANGER NEW DETAIL 18/S8.4 CARLSBAD FIRE STATION No. 3 mm REF. 18/S8.4 SOUTHERN CALFOffiOA 8183 ROCHESIERAVB«UE, SUITE 100 RANCHOCUCAMONSA CAUFORNIA917304729 CARLSBAD FIRE STATION No. 3 a€CKED SOUTHERN CALFOffiOA 8183 ROCHESIERAVB«UE, SUITE 100 RANCHOCUCAMONSA CAUFORNIA917304729 CARLSBAD, CA DATE 06/23/2014 TEL 909487-0809 www wll aiillWf' *IITif*^ ADDENDUM No.1 SCALE 3/4-=1'-0" ADDENDUM No.1 JOBNO. 11134 6X6 BLK'G W/ 2-SIMP ASS EA END (ONE EA. SIDE). SHAPE TOP OF BLK'G AS REQUIRED TO CONFORM WITH SLOPE OF STRAP MST72 STRAP PLYWD SHTG PER PLAN 2X4 BLKG IX OR 6X WOOD STRUT PER PIM SIMP U HANGER 4-16d TO 6X6 BLK'G -2X6 STUDS® 16'0.C. NEW DETAIL 19/S8.4 SOUTHERN CALIFORNIA 8183 nOCICSreRAVEIftJ£ SUITE 100 RANCHOCUCAMONGA CAUFOI»IIA9lm9729 TB.: 909-987-0909 wwwwtcardiitadsXCTn CARLSBAD FIRE STATION No. 3 DRAWN REF. 19/S8.4 CARLSBAD FIRE STATION No. 3 CHEOCD CARLSBAD, CA DATC 06/23/2014 ADDENDUM No.1 SCALE 3/4''=r-0" O'L^r ADDENDUM No.1 JOBNO. 11134 4X6 FLAT BUCG ©STEa STRAP W/BN. TO BUCG FROM PLYWOOD SHTG SIMP. CMSTC16STRAPX LENGTH OF WALL U.N.O. ON RAN (INSTAU. STRAP OVER PLYWOOD SHTG) 2X STUDS® 16" OC. SHWP.A35 -2XSTUD@16"O.C, WOOD BEAM PER PLAN 2-SIMP SDS25600 SCREWS @21/2"O.C.WITH11/2" EDGE DISTANCE 2-2X6 TRIMMER STUD W/2-16d@12"O.C.EA STUD 6X6 WOOD POST U.N.O. W/2-SIMP.A35EAEND (ONE EA. SIDE) NEW DETAIL 20/S8.4 CARLSBAD FIRE STATION No. 3 mm REF 20/S8.4 SOUTHERN CALK)ia«A 8183 R0CHES1ER AVBRJE. SUTE 100 RANCHOCUCAMONGA CAUFORNIA 917304729 CARLSBAD FIRE STATION No. 3 Cl€a<ED SOUTHERN CALK)ia«A 8183 R0CHES1ER AVBRJE. SUTE 100 RANCHOCUCAMONGA CAUFORNIA 917304729 CARLSBAD, CA DATC 06/23/2014 TEL: 9094874909 www.wlcaidiftaca.ctfii ADDENDUM No.1 SCALE m'=V-0' O'LJ ADDENDUM No.1 JOBNO. 11134 2-2X6 STUD ON EA. SDE OP POST • WHERE STUD WALL PERPENDCULAR TO BM. OCCURS. PROVIDE SIMP. ASS AT EA ENO OF EA STUD TO TOP PLATCS & SILL PLATC AND 2-16d @ 12" O.C. FROM EACH STUD TO POST 2-2X6 STUDS WHERE WALL OCCURS W/2-6d@12"O.C. EASTUO SIMP. ASS TO STUD WALL 4-16d FROM STUD TO BEAM Typ WOOD BEAM PER PIAN IMP. ECC COL CAP AT SIMP. EPC POST CAP AT/21B^ SIMP. ECC COL. CAP W/ ROTATED STRAP 90* AT DET/ WOOD POST PER PLAN NEW DETAIL 21/S8.4 CARLSBAD FIRESTATION No.3 mm REF. 21/S8.4 SOUTHERN CALIFORNIA 8163 ROCHESTER AVBME. SmiE 100 RANCHOCUCAMONGA CALIFORMA 917304729 CARLSBAD FIRESTATION No.3 CHECKED SOUTHERN CALIFORNIA 8163 ROCHESTER AVBME. SmiE 100 RANCHOCUCAMONGA CALIFORMA 917304729 CARLSBAD, CA DATE 06/23/2014 Q-9fi TO.'9094874909 www.wlureNtKiB.coin ADDENDUM No.1 SCALE 3/4"=r-0" ADDENDUM No.1 JOBNO. 11134 -2-10dEA.8U<TYP SIMP. H2A0NEA.- SIDEOFPOSTTO BUCG 2X6 FLAT BUCG AT- 6X6 POST !4"0.Cr -PLYWOOD SHTG PER PLAN -2X LEDGER PER PLAN SIMP. ASS 2X4 FLAT BUCG® 32" MAX. O.C. W/2-16d ATEA. END SIMP. H2.50NEAT- SIDEOFPOSTTO BUCG 6X6 POST W/2-SIMP. ASS TO SILL PLATE- BELOW (ONE EA SIDE) -S/8"X5"WIDEPUTC W/2-S/4"0 BOLTS AT CENTER LINE OF POST -HSS BM. PER PLAN NEW DETAIL 22/S8.4 CARLSBAD FIRE STATION No. 3 DRAWN REF. 22/S8.4 SOUTHERN OUJFOIWIA 8183 ROCHESTER AVENUE. SUITE 100 RANCHOCUCAMONGA CAUFOIWIA9173IM)729 CARLSBAD FIRE STATION No. 3 a€CKED A mm SOUTHERN OUJFOIWIA 8183 ROCHESTER AVENUE. SUITE 100 RANCHOCUCAMONGA CAUFOIWIA9173IM)729 CARLSBAD, CA OATC 06/23/2014 Q-97 TBJ 9094874909 wwwoilcwchKiclii.Pom ADDENDUM No.1 SCALE 3/4"=1'-0" 0 Ll ADDENDUM No.1 JC%NO. 11134 -2X SOLID BUCG AT 2X6 FLAT STRUT PLYWOOD SHTG PER PLNH 2X LEDGER PER PLAN 3/8"X5" WIDE PLATC W/2-3/4"0 BOLTS AT CENTCR LINE OF POST SIMP.H2A0NEA- SIDE OF POST TO BLK'G 6X6 POST W/2-SIMP. ASS TO SILL PLATE OR HEADER BELOW (ONE EA. SIDE) NEW DETAIL 23/S8.4 CARLSBAD FIRE STATION No. 3 DRAWN REF. 23/S8.4 SOUTHERN CALIFORNIA 8183 ROCHESTBt AVBME, SUITE 100 RANCHOCUCAMONGA CAUFORNIA917304729 CARLSBAD FIRE STATION No. 3 CHECKED SOUTHERN CALIFORNIA 8183 ROCHESTBt AVBME, SUITE 100 RANCHOCUCAMONGA CAUFORNIA917304729 CARLSBAD. CA DATC 06/23/2014 Q-9P 70:9094874909 www.waciidiftarta.eani ADDENDUM No.1 SCALE 3/4"=1'-0" O'LO ADDENDUM No.1 JOBNO. 11134 SEE DETAIL VS8.4> FOR POST TORE CONNECTION 6X6 POST W^-SIMP ASS TO SILL FIATE BELOW (ONE EA. SIDE) 2-2X6 STRIMMER STUDW/2-1&l@12" O.C. EA.STUD -6X6 KING POST 5/8"0BOLTAT -CENTCR UNE OF POST -HSS TRELLIS BM. PER PLAN. SEEDETAIL/^2 SIMP. ASS WOOD HEADER PB? PLAN SIMP. HUC MAX. HANGER NEW DETAIL 24/S8.4 SOUTIEiai CALIFORNIA 8163 ROCHESIB^ AVENUE.SUnE 100 RANCHOCUCAMONGA CAL8«RN1A9173(MI729 m: 909.987-4909 CARLSBAD FIRE STATION No. 3 CARLSBAD, CA ADDENDUM No.1 DRAWN CHEa<ED DATC 06/23/2014 SCALE 3/4"'=r^ JOBNO. 11134 REF. 24/S8.4 S-29 City of Carlsbad Public Works - Contract Administration June 30, 2014 ADDENDUM NO. 2 RE: FiRE STATION 3; BID NO. PWS1444PEM Please include the attached addendum in the Request for Bid document you have for the above project. This page—receipt acknowledged—must be included in your bid when your bid is submitted. Sr. Contract Administrator ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 2 Bidder's Sign: 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4677 • FAX (760) 602-8562 Citv of Carlsbad Public Works - Contract Administration June 30, 2014 ADDENDUM NO. 3 RE: FIRE STATION 3; BID NO. PWS14-44PEM Please include the attached addendum in the Request for Bid document you have for the above project. This is the only page of this addendum. ********** IMPORTANT NOTE ********** The bid due date is hereby changed to JULY 8,2014. The time due remains at 2:00 PM on this day. This page—receipt acknowledged—must be included in your bid when your bid is submitted. fl. DAVIS Sr. Contract Administrator I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 3 Bidder's 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4677 • FAX (760) 602-8562 ^ —^-^^^ CLIENT FOCUSED. PASSION DRIVEN. 'mm June 27, 2014 TO : All Bidders FROM : Kelley Needham PROJECT : Carlsbad Fire Station No. 3 1113400.41 SUBJECT : Addendum 2 The following changes, omissions, and/or additions to the Project Manual and/or Drawings shall apply to proposals made for and to the execution of the various parts of the work affected thereby, and all other conditions shall remain the same. Careful note of the Addendum shall be taken by all parties of interest so that the proper allowances may be made in strict accordance with the Addendum, and that all trades shall be fully advised in the performance of the work which will be required of them. Bidder shall acknowledge receipt of this Addendum in the space provided on the Bid Form. Failure to do so may subject Bidder to disqualification. In case of conflict between Drawings, Project Manual, and this Addendum, this Addendum shall govern. 2. CONTRACT DOCUAAENTS, GENERAL PROVISIONS, TECHNICAL SPECIFICATIONS, AND APPENDICES 2.1 GENERAL PROVISIONS A. The contractor will be required to provide Builder's Risk Insurance. Add the following language to the General Provisions: "BUILDER'S RISK PROPERTY INSURANCE 1.1 Throughout the construction period until final completion of the Project, a Project specific Builder's Risk (Course of Construction) insurance policy, covering all construction work at the Project site, while in transit and at any temporary off-site location; all materials supplies, machinery, fixtures and equipment intended to become a permanent part of the Project or for permanent use in the Project or incidental to the construction; all temporary structures that are to be used in or incidental to the fabrication, erection, testing, or completion of the Project to the extent the cost thereof is included in the work upon which the contract price is based, while on or about the Project site awaiting or during construction. The Builder's Risk policy: .1 shall be written on a completed value basis in an amount not less than the full replacement value of the Project ($6,000,000); sua ROCHESTER AVENUE, SUITE 100 • RANCHO CUCAMONGA, CA • 91730 • T: (»0») »87-0»09 F: {909) 980-9980 www.wlcarchHects.com Addendum 2 Carlsbad Fire Station No. 3 Project 1113400.41 June 27,2014 Page 2 .2 shall be written on an "All Risk" (Special Perils) coverage form, including reinstatement of Limit after Loss and no coinsurance penalty provisions; .3 shall specifically cover loss or damage arising as a consequence of faulty workmanship or materials or design error; .4 shall include coverage for delay costs to a maximum amount $10,000 per day to include loss of revenue, loss of investment income, continued payment of debt service, and the costs of Project redesign if a covered loss ensues as a result of a design error. 1.2 The City shall provide information as reasonably requested by the Contractor or insurance company, where necessary to complete insurance applications. The Builder's Risk insurance policy shall extend until final completion of the Project. 1.3 The Builders' Risk policy shall be endorsed to name the City as Loss Payee. The endorsement shall be submitted to the City. The Builders' Risk policy shall be endorsed to contain a waiver of subrogation in favor of the City. The endorsement shall be submitted to the City. The Builder's Risk policy shall be endorsed to be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be in excess of the Contractor's insurance and shall not contribute with it. The endorsement shall be submitted to the City. B. Note that the Contractor will be responsible for obtaining all permits as required by the City, County or Utility Agency. The costs for all permits will be paid for by the City. 2.2 SECTION 16785 - MASTER ANTENNA TELEVISION SYSTEM A. Delete this section in its entirety. DRAWINGS Architectural 2.3 DRAWING A-1.2 A. Detail 20: Change Detail Reference "22/A-l .4" to " 11 /A-1.3". Structural 2.4 DRAWING S-2.1 A. Note that the details will govern in regard to the width and depth of footings and grade beams indicated. Addendum 2 Carlsbad Fire Station No. 3 Project 1113400.41 June 27, 2014 Page 3 Electrical 2.5 SHEET E-1.1 A. Provide a 3" PVC conduit with 36" minimum coverage from Room 125 to the light control box on the northwest corner of Cannon Road and Wind Trail Way. See attached addendum Drawing El. 2.6 DRAWING E-3.1 A. Provide card reader at Door A35. B. The speaker/strobe combination device shown in selected areas is described as follows: The speaker will be furnished and wired as part of the PA system. The strobe may be integral to the speaker or stand alone. It shall be provided and wired as part of the fire alert system. 2.7 DRAWING E-7.2 A. Details 9 and 10: Provide complete card reader system by HID Corp. Provide HIDRK40 devices at all locations indicated. System to tie into existing system at Police Department. Local representative: Mike Tremblay, Senior Agent, JMG Security Systems, 760-497-8820. END OF ADDENDUAA2 SutDmitted by, KELLEY NEEI)HAM Architect, AIA Principal KN:br/P41113400x2-add Attachments: Drawing El 3" CONDUIT FROM ROOM 125 TO LIGHT CONTROL BOX ON THE NORTHWEST CORNER OF THE STREET INTERSECTION DRAWN REF. E-1.1 El CHECKED REF. E-1.1 El DATC 06/23/2014 REF. E-1.1 El SCALE AS SHOW^ REF. E-1.1 El ino Kin -11134 REF. E-1.1 El c Wfc€ Architects, Inc. SOUTHERN CALIFORNIA 8163 Rochester Ave.. Suile 100 Roncho Cucomongo Colifornio 91730-0729 tel: 909-987-0909 fox: 909-980-9980 CARLSBAD FIRE STATION No. 3 CARLSBAD, CA ADDENDUM No. 1 Citv of Carlsbad Public Works - Contract Administration June 30, 2014 ADDENDUM NO. 3 RE: FIRE STATION 3; BID NO. PWS14-44PEM Please include the attached addendum in the Request for Bid document you have for the above project. This is the only page of this addendum. ********** IMPORTANT NOTE ********** The bid due date is hereby changed to JULY 8, 2014. The time due remains at 2:00 PM on this day. This page—receipt acknowledged—must be included in your bid when your bid is submitted. [EVIITL. DAVIS Sr. Contract Administrator I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 3 Bidder's Signature 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4677 • FAX (760) 602-8562 ^ CITY OF CARLSBAD FIRE STATION #3 CONTRACT NO. 400$ OPENED, WTTNESSFD avr^ r-r—- CONTRACTOR'S PROPdsAL^/oy,,, ^ City Council i City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans, Specifications, General Provisions, Contract Documents, and addenda thereto, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work to complete Contract No. 4003 in accordance with the Plans, Specifications, General Provisions, Contract Documents, and addenda thereto and that he/she will take in full payment therefore the following price for each item complete, to wit: Bid Proposal 1. Bid: The construction of the Fire Station 3 and all related on-site improvements: BID AMOUNT $ ^yrwi.-r- ^^tc^/^ BID AMOUNT (in words) POdLQjry^y fh^t^Jj^ "^^V^C^ ^M^iv^ JX\\Jyi.^^^^^^'''^ Dollars and Zero Cents 2. Bid: The construction of all off-site improvements (new street, utilities, lighting, signage, storm system, landscaping and irrigation): BID AMOUNT BID AMOUNT (in words) c:^?KMe '^THMJ^ <£t^^^ ^^Ll/irU'^^'-M^ Dollars and Cents TOTAL BID AMOUNT (total of Items 1 and 2) $ ^) ^ ^ ^J TOTAL BID AMOUNT (in words) .f^V^YV-rjU^ CT^M^'^^ Dollars and Zero Cents Revised 1/30/13 Contract No. 4003 Page 9 of 102 Pages PROCEDURE FOR AWARD OF CONTRACT The lowest responsible bidder will be determined based on the total bid amount. Price(s) given above are firm for 90 days after date of bid opening. Addendum(a) No(s). 1,2&3 has/have been received and is/are included in this proposal. The Undersigned has carefully checked all ofthe above figures and understands that the City will not be responsible for any error or omission on the part ofthe Undersigned in preparing this bid. The Undersigned agrees that in case of default in executing the required Contract with necessary bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, the City may administratively authorize award of the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do business or act in the capacity of a contractor within the State of California, validly licensed under license number 495492 , classification _B which expires on • Inly /^1, 9014 , and that this statement is true and correct and has the legal effect of an arfidavit. A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City § 7028.15(e). In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. However, at the time the contract is awarded, the contractor shall be properly licensed. The Undersigned bidder hereby represents as follows: 1. That no Council member, officer agent, or employee of the City of Carlsbad is personally interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no representation, oral or in writing, of the City Council, its officers, agents, or employees has inducted him/her to enter into this Contract, excepting only those contained in this form of Contract and the papers made a part hereof by its terms; and 2. That this bid is made without connection with any person, firm, or corporation making a bid for the same work, and is in all respects fair and without collusion or fraud. Accompanying this proposal is a Bid Bond (Cash, Certified Check, Bond or Cashier's Check) for ten percent (10%) of the amount bid. Revised 1/30/13 Contract No. 4003 Page 10 of 102 Pages Check a License - License Detail - Contractors State License Board Page 1 of2 DEPARTMENT OF CONSUMER AFFAIRS . Contractors State License Board Contractor's License Detail - License # 495492 m DISCLAIMER: A license status check provides information taken from the CSLB license database Before relymg on this information, you should be aware of the following limitations. '* w ^iT-^f^* disclosure is restricted by law (B&P 7124.6) If this entity is subject to public complaint disclosure, a link for complaint drsclosure will appear below. Click on the link or button to obtain complaint and/or legal action information. -» Per B&P 7071.17 , only construction related civil judgments reported to the CSLB are disclosed. •» Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. -» Due to workload, there may be relevant information that has not yet been entered onto the Board's license database. License Number Business Information Entity Issue Date Expire Date License Status Classifications Bonding Workers' Compensation 495492 Extract Date 7/8/2014 KEETON CONSTRUCTION CO INC Business Phone Number: (951) 296-6400 41635 ENTERPRISE CIR NORTH,#A TEMECULA, CA 92590 Corporation 07/21/1986 07/31/2014 ACTIVE This license is current and active. All information below should be reviewed. CLASS DESCRIPTION B GENERAL BUILDING CONTRACTOR CONTRACTOR'S BOND This license filed a Contractor's Bond with CONTRACTORS BONDING AND INSURANCE COMPANY. Bond Number: CF1488 Bond Amount: $12,500 Effective Date: 09/01/2009 Contractor's Bond History BOND OF QUALIFYING INDIVIDUAL 1. The Responsible Managing Officer (RMO) KEETON BRUCE GAILEY certified that he/she owns 10 percent or more of the voting stock/equity of the corporation. A bond of qualifying individual is not required. Effective Date: 07/21/1986 WORKERS' COMPENSATION https://www2.cslb.ca.gov/OnlineServices/CheckLicenseII/LicenseDetail.aspx?LicNum-495... 7/8/2014 Check a License - License Detail - Contractors State License Board Page 2 of 2 This license has workers compensation insurance with STATE COMPENSATION INSURANCE FUND Policy Number: 3000058 Effective Date: 01/01/2008 Expire Date: 01/01/2015 Workers' Compensation Historv Personnel listed on this license (current or disassociated) are listed on other licenses. Personnel List | Other Licenses Conditions of Use | Privacv Policv Copyright © 2010 State of California https://www2.cslb.ca.gov/OnlineServices/CheckLicenseII/LicenseDetail.aspx?LicNum=495... 7/8/2014 The Undersigned is aware of the provisions of section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and agrees to comply with such provisions before commencing the performance ofthe work ofthis Contract and continue to comply until the contract is complete. 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 1/30/13 Contract No. 4003 Page 11 of 102 Pages IF A CORPORATION. SIGN HERE: (1) Name under which business is conducted Keeton Construction Company, Inc. (2) . ^ signature) Vice-President (Title) Impress Corporate Seal here (3) Incorporated underthe laws ofthe State of CA (4) Place of Business 41635 Enterprise Circle North, Suite A (Street and Number) City and State Temecula. CA (5) Zip Code 92590 Telephone No. 951-296-6400 (6) E-Mail robert(%keetonconstruction.com NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED ^ Revised 1/30/13 Contract No. 4003 Page 12 of 102 Pages CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of Califomia County of ^yvSeT^lObL On^<^7X^ t^C^lU beforeme, QSC<N^<>. GNX^V.^HV:? , ^^NX VU:)Vl<^ * (Here insert name and title of the offjcerj personally appeared who proved to'me on the basis of satisfactory evidence to be the person^^ whose name^^ is/0K^ subscribed to the within instrument and acknowledged to me that he/^/ttD^ executed the same in his/hfcKMaeir authorized capacity(i^, and that by his/tlftc/^tfeeir signature^ on the instmment the person(^or the entity upon behalf of which the person(j(Lacted, executed the histrument. I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is trae and correct. WITNES a^vwm^vmm%«»^lv.^tm•^Piv^-.,.^Y.(f,y OSCAR GONZALEZ COMM. #1996091 Notary Public-California . RIVERSIDE My Commission Expires Oct. 29. 2016 ADDITIONAL OPTIONAL INFOIIMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached doclment) (Title or description of attached document continued) Number of Pages Document Date (Additional information) PAcrpxi Individual (s) • Corporate Officer (Title) • Partner(s) • Attomey-in-Fact • Trastee(s) • Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in Califomia must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of Califomia. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefulfyfor proper notarial wording and attach this form if reqmred. • State and County infonnation must be the State and County where the document signer(s) personally appeared before the notaty public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/thoy, is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. • Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a differeint document. • Indicate title or type of attached document, number of pages and date. • Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA vl2.10.07 800-873-9865 www.NotaryClasses.com List below names of president, vice president, secretary and assistant secretary, if a corporation; if a partnership, list names of all general partners, and managing partners: Bruce Keeton Dan Dodge Revised 1/30/13 Contract No. 4003 Page 13 of 102 Pages MINUTES OF THE DIRECTORS AND SHAREHOLDERS OF Keeton Construction Co., Inc. Pursuant to waiver of notice (copies) of which are attached). An armual meeting ofthe Directors and Shareholders of the above corporation was held on March 10, 2014 at 11:30 AM at the corporation's place of business. The purpose of the meeting: was to elect directors, to elect officers, to establish the CEO's salary for the coming year, and to authorize other corporate actions. I. QUORUM. A quorum was declared present based on the presence of the following Directors: Bruce G. Keeton and Lena D. Keeton and the following Shareholders who were Present or represented by proxy as follows: -Shareholder: Bruce G. Keeton Number of Shares: 96 The Shareholder was represented in person. The following corporate actions were taken by appropriate motions duly made, seconded, and adopted by the unanimous vote of the Directors and Shareholders intitled to vote (unless a higher voting approval is stated). II. ELECTION OF CHAIRPERSON AND SECRETARY. Bruce G. Keeton was appointed chairperson of the meeting, and Bruce G. Keeton was appointed as secretary to prepare a record of the proceedings. III. ELECTION OF DIRECTORS. The following persons were elected as Directors for the terms provided in the bylaws: Name: Bruce G. Keeton Term: Until the next annual meeting of Shareholders Address: 7011 Via Mariposa Norte Bonsall, Califomia 92003 Name: Lena D. Keeton Term: Until the next aimual meeting of Shareholders Address: 7011 Via Mariposa Norte Bonsall, Califomia 92003 IV. ELECTION OF OFFICERS. The following Officers were elected: Name: Bmce G. Keeton Office: President Address: 7011 Via Mariposa Norte Bonsall, Califomia 92003 Name: Bmce G. Keeton Office: Secretary Address: 7011 Via Mariposa Norte Bonsall, Califomia 92003 Name: Bruce G. Keeton Office: Chief Financial Officer Address: 7011 Via Mariposa Norte Bonsall, Califomia 92003 Name: Dan Dodge Office: Vice-President Address: 41635 Enterprise Circle N., Suite A Temecula, California 92590 V. APPROVAL OF ACTIONS SECTION. The actions and undertakings ofthe Directors. Officers, Employees, and Agents of the corporation were approved with respect to: - All actions subsequent to the last meeting of the Board of Directions and Shareholders. - Compensation paid to the Officers during the past year. - Contribution of $0.00 to corporation retirement plan during the past year, for the year ended Febmary 28, 2014. - Selection during the past year of Covell, Hogan & Robin, LLP. Certified Public Accountant, to perform the corporation's financial statement audit for the year ended February 28, 2014. - Add Chad Azevedo (working at the Lake Elsinore Motorsports Track) to Keeton's payroll but to be reimbursed biweekly by Keeton Holdings, LLC. - The purchase of a Chevy Hybrid tmck for Chad Azevedo to drive. - Transfer monies as necessary between all of our bank accounts. VI. FINANCIAL STATEMENTS PRESENTATION. The financial statements for the year ending Febmary 28, 2013, as prepared by the corporation's Accountant(s), Covell & Hogan, LLP Certified Public Accountant, were approved. VII. SALARIES. Salaries for Officers and other employees were established as follows: Name: Bmce G. Keeton Title: Chief Executive Officer Amount: $1,500,000.00 per year for the year ending Febmary 28,2015. VIII. BORROWING RESOLUTION: The corporation was authorized to borrow such amounts as the Officers deem advisable from any lending institution selected by the officers. The Officers are authorized to take all actions and to sign all documents reasonably needed to carry out this loan transaction. IX. AUTHORIZTION OF CORPORATE ACTION. The Officers were authorized to take all actions and to sign all documents reasonably needed to: - Payment of CEO salary. The directors, after citing their knowledge of comparable CEO salaries in other closely held general contracting companies; and also citing Mr. Keeton's education, years of experience, ability to serve as Chief Executive Officer, Secretary, and Chief Financial Officer of a complex business, long hours and extra days worked, expertise in guiding the corporation to high income and growth of retained eamings; established the salary of Bmce G. Keeton at $1,500,000 for the year ending Febmary 28, 2015, and directed the Officers to pay the salary in one or more payments. There being no further business, the; meeting was duly adjourned. Bmce G. Keeton Director and Shareholder ADDENDUM TO MINUTES OF THE DIRECTORS AND SHARHOLDERS OF Keeton Construction Co., Inc. Thts addendurri will act as d resolution rartrfyteg that Dan Dodge, VJce-Piresident, Is hereby empowered to b!nd the wmpany when signing any and att contract dooiments. Bruce G. Keeton Presldent/Secxetary/CFO Date BID SECURITY FORM (Check to Accompany Bid) FIRE STATION 3 CONTRACT NO. 4003 (NOTE: The following form shall be used if check accompanies bid.) Accompanying this proposal is a *Certified *Cashiers check payable to the order of CITY OF CARLSBAD, in the sum of . Dollars ($ ), 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; othenwise, the check shall be retumed 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 required by law, and notwithstanding the award of the contract to another bidder. BIDDER *Delete the inapplicable word. (NOTE- If the Bidder desires to use a bond instead of check, the Bid Bond form on the following pages shall be executed-the sum of this bond shall be not less than ten percent (10%) of the total amount of the bid.) W Revised 1/30/13 Contract No. 4003 Page 14 of 102 Pages BIDDER'S BOND TO ACCOMPANY PROPOSAL FIRE STATION 3 CONTRACT NO. 4003 KNOW ALL PERSONS BY THESE PRESENTS: Jhat we, Keeton Construction Co., Inc. as Principal, and Philadelphia Indemnity insurance Company as Surety are held and firmly bound unto the City of Carlsbad, Cajjfornia. in an amount as follows: (must be at least ten percent (10%) of the bid amount) -^^jfegg for which payment, well and truly made, we bind ourselves, our KeFrs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. , 1 fiD THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above- bounden Principal for: FIRE STATION 3 CONTRACT NO. 4003 in the City of Carlsbad, is accepted by the City Council, and if the Principal shall duly enter into and execute a Contract including required bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, being duly notified of said award, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect, and the amount specified herein shall be forfeited to the said City. In the event Principal executed this bond as an individual, it is agreed that the death of Principal shall Revised 1 /30/13 Contract No. 4003 Page 15 of 102 Pages not exonerate the Surety from its obligations underthis bond. Executed by PRINCIPAL this ^ day of JU ^/ PRINCIPAL: Keeton Construction Co., Inc. (name of ^ncipal) By:_ (sign here) , . L)/VK) U0D6b (print name here) Executed by SURETY this Qf June 2nd .20 ^4 (print name here) (Title and Organization of Signatory) By: (sign here) (title and organization of signatory) . day SURETY: Philadelphia Indemnity Insurance Company (name of Surety) 251 S. Lake Ave., Suite 360, Pasadena, CA 91101 (address of Surety) 626-639-1321 (telephone number of Surety) ley-in-Fact) (printed name of Attorney-in-Fact) (Attach corporate resolution showing current power of attorney.) (Proper notarial acknowledgment of execution by PRINCIPAL and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: CELIA BREWER City Attorney Revised 1/30/13 Contract No. 4003 Page 16 of 102 Pages f 1 I CALIFORNIA | J ALL-PURPOSE ACKNOWLEDGEMENT | I f ^ State of California ^ I County of Orange | I On 01 2014 hefnreme. Summer L. Reyes, Notary Publlc | ^ (insert name and title of the officer) ^ personally appeared Matthew J. CoatS who proved to mc on the basis of satisfactory evidence to be the per3on:(») whose namc(9) is/arc ^ P subscribed to the within instrument and acknowledged to me that he/she/they executed the ^ ^ same in his/hcr/thcir authorized capaci(y(««). and that by his/hcr/thcir signature^ on the ^ ^ instrument the personfs), or the entity upon behalf of which the personfs) acted, executed the 0 ^ instrument. ^ i i P I certify under PENALTY OF PERJURY under the laws of the State of California that the p ^ foregoing paragraph is true and correct. ^ I WITNESS my hand and official seal. I % \ SUMMER L. REYES \ ' « i -l&^^k Commission # 1986627 * ^ » zivt^^^^l Notary Public - California « Commission # 1986627 i g » zivt^^^^l Notary Public - California 1 g 9 r r\ » ^ tNl^^ Orange County ^ | P Signature (^r^^^AM^ 1, rTf, .^]f'i"^-^Tg%-'"Ji''.^y'J | 1313 PHILADELPHIA INDEMNITY INSURANCE COMPANY 231 St. Asaph's Rd., Suite 100 ' • • Bala Cynwyd, PA 19004-0950 ^, Power ot Attorney "^•NOW ALL PERSONS BY THESE PRESENTS: that PHILADELPHLV INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws ofthe Commonwealth of Pennsylvania, does hereby constitute and appoint: Linda D. CoatS and Matthew J. CoatS of CoatS Surety Insurance Services, Inc. Its true and lawful Attomey(s) in fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $25,000,000.00 This Power of Attomey is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY at a meeting duly called the l"" day of July, 2011. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President ofthe Company to: (1) Appoint Attomey(s) in Fact and authorize the Attomey(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attomey-in-Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attomey or certificate relating thereto by facsimile, and any such Power of Attomey so executed and certified by facsimile signatures and facsimile seal shall be valid and biding upon the Company in the future with the respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 7™ DAY OF FEBRUARY 2013. (Seal) 1927 lsl V4 • 1/ ^J%>r Robert D. O'Leary Jr., President & CEO Philadelphia Indemnity Insurance Company On this 7* day of February 2013, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly swom said that he is the therein described and authorized officer ofthe PHILADELPHU INDEMNITY INSURANCE COMPANY; that the seal affixed to said mstrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. DMimE PORATH, IMBiyPiHe Notary Public: (Notary Seal) residing at: My commission expires: Bala Cvnwvd. PA March 22. 2016 1 Craig P Keller Executive Vice President, Chief Financial Officer and Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do herby certify that the foregoing resolution ofthe Board of Directors and this Power of Attomey issued pursuant thereto are tme and correct and are still in full force and effect. I do further certify that Robert D. O'Leary Jr., who executed the Power of Attomey as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this _day of _ .20 Craig P. Keller, Executive Vice President, Chief Financial Officer & Secretary PHILADELPHU INDEMNITY INSURANCE COMPANY 1927 Company Profile Page 1 of 1 CALiFORNiA DEPAfiTMEtn 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 COHPANY PROFILE Company Information PHILADELPHIA INDEMNITY INSURANCE COMPANY ONE BALA PLAZA SUITE 100 BALA CYNWYD, PA 19004 800-564-7766 Old Company Names Agent For Service NANCY FLORES C/O CT CORPORATION SYSTEM 818 WEST SEVENTH STREET LOS ANGELES CA 90017 Reference Information back to top NAIC Group List NAIC Group #: Effective Date NAIC #: 18058 California Company ID #: 3576-6 Date Authorized in California: 01/27/1993 License Status: UNLIMITED-NORMAL Company Type: Property & Casualty State of Domicile: PENNSYLVANIA 3098 Tokio Marine Holdings Inc GRP Lines Of Business The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AUTOMOBILE BOILER AND MACHINERY BURGLARY FIRE LIABILITY MARINE MISCELLANEOUS PLATE GLASS SPRINKLER SURETY baci< to top © 2008 California Department of Insurance https://interactive.web.insurance.ca.gov/companyprofile/companyprofile?event=companyPr... 7/8/2014 GUIDE FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTORS" FORM REFERENCES Prior to preparation of the following "Subcontractor Disclosure Form" Bidders are urged to review the definitions in section 1-2 of the General Provisions to this Contract, especially, "Bid", "Bidder", "Contract", "Contractor", "Contract Price", "Contract Unit Price", "Engineer", "Own Organization", "Subcontractor", and "Work". Bidders are further urged to review sections 2-3 SUBCONTRACTS ofthe 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 Bidder's own organization will be rejected as non-responsive. Specialty items of work that may be so designated by the Engineer on the "Contractor's Proposal" are not included in computing the percentage ofwork proposed to be performed by the Bidder. INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every subcontractor whom the Bidder proposes to perform work or labor or render service in or about the work or improvement, and every subcontractor licensed as a contractor by the State of California whom the Bidder proposes to specially fabricate and install any portion of the work or improvement according to detailed drawings contained in the plans and specifications in excess of one-half of one percent (0.5%) of the Bidder's total bid or, in the case of bids or offers for the construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000) whichever is greater. Said name(s) and location(s) of business of subcontractor(s) shall be set forth and included as an integral part of the bid offer. The Designation of Subcontractors form must be submitted as a part of the Bidder's sealed bid. Failure to provide complete and correct information mav result in reiection of the bid as non- responsive. Suppliers of materials from sources outside the limits of work are not subcontractors. The value of materials and transport of materials from sources outside the limits of work, as shown on the plans, shall be assigned to the Contractor or the Subcontractor as the case may be, that the Bidder proposes as installer of said materials. The value of material incorporated in any Subcontractor- installed bid item that is supplied by the Bidder shall be included as a part of the work that the Bidder proposes to be performed 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. Determination ofthe subcontract amounts for purposes of award ofthe contract shall be determined by the City Council in conformance with the provisions of the contract documents and the various supplemental provisions. The decision ofthe 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 1/30/13 Contract No. 4003 Page 17 of 102 Pages DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS (To Accompany Proposal) FIRE STATION 3 CONTRACT NO. 4003 The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing this bid for the Work and that the listed subcontractors will be used to perform the portions of the Work as designated in this list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contract Code, "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of one-half of one percent (0.5%) of the Bidder's total bid, or in the case of bids or offers for construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000), whichever is greater, and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. Portion of Work Subcontractor Name and Locatfon of Business Subcontractor's License No. and Classification* Amount of Work by Subcontrac- tor in Dollars* Earthwork UM^^ /Shif^ Paving RAP Enginee'ring/Vista 880956 48000 Fence DV Anthony/El Cajon 706589 84000 Wet Utilities Dg RickettsAA/ildomar 511064 402000 Street Lights Select Electric/Poway 297034 36500 Site Concrete Verdin/Riverside 780587 334000 Landscape RBI/Ontario 431543 285000 Building Concrete 3'7^XD Masonry Ross/Anaheim ftyir\A/i*iirtpr/l anra^fpr 678985 —:nss3r'i 477000 Rough Carpentry Davis Framing/La Mesa 815865 394000 Casework PVI/San Diego 924362 223000 Sheet Metal/Roofing Archibald/El Cajon 896379 117000 Doors Pallmar/Orange 277566 122000 Four Fold Door Byron Epp/Laguna Hills 433078 140000 Coiling Over head Doors Superior/El Cajon 736878 39000 Glass & Glazing Lakeshore/Riverside 723721 104000 Plaster & Drywall A&P Drywall/ Escondido 733780 158000 Page 1 of ^ pages of this Subcontractor Designation form Pursuant to section 4104 (a)(2)(A) California Public Contract Code, receipt ofthe information preceded by an asterisic may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice Inviting Bids." Revised 1/30/13 Contract No. 4003 Page 18 of 102 Pages DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS (To Accompany Proposal) FIRE STATION 3 CONTRACT NO. 4003 The Bidder certifies that it has used the sub-bid ofthe following listed subcontractors in preparing this bid for the Work and that the listed subcontractors will be used to perform the portions of the Work as designated in this list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contract Code, "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of one-half of one percent (0.5%) of the Bidder's total bid, or in the case of bids or offers for construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000), whichever is greater, and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. SUBCONTRACTOR'S BID ITEP ^s Portion of Work Subcontractor Name and Location of Business Subcontractor's License No. and Classification* Amount of Work by Subcontrac- tor in Dollars* Tile Tile $ Less/Hemet 726832 62000 Paint Perkins/San Diego 459148 31000 Exhaust Removal APS/San Diego 621360 74000 Plumbing A Good Plumbing/Wildomar 934250 163000 HVAC Rick Muir/Escondido 609656 218000 Electrical U I ^ nil /ite^ru^ 1 Page 2 of 2 pages ofthis Subcontractor Designation form Pursuant to section 4104 (a)(2)(A) California Public Contract Code, receipt of the information preceded by an asterisl< may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice Inviting Bids." Revised 1/30/13 Contract No. 4003 Page 18 of 102 Pages BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION (To Accompany Proposal) FIRE STATION 3 CONTRACT NO. 4003 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: H Comprehensive General Liability 1^ Automobile Liability H Workers Compensation H Employer's Liability 2) Statement with an insurance carrier's notarized signature stating that the carrier can, and upon payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for Comprehensive General Liability, Automobile Liability, Workers Compensation and Employer's Liability in conformance with the requirements herein and Certificates of insurance to the Agency showing conformance with the requirements herein. All certificates of insurance and statements of willingness to issue insurance for auto policies offered to meet the specification ofthis 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 1/30/13 Contract No. 4003 Page 19 of 102 Pages c c TEAGUE INSURANCE AGENCY INC. June 26 th, 2014 Re: City of Carlsbad Frre Station #3 / Project «M0031 Keeton Construction Company, inc. To Whom It May Concern: The Teague Irisurance Agenoyf Inc. insures the Keeton Constryction Company, Inc. and has done so for apjproximately 12 years. The insurance requirements requested for the subject project can and will be provided should Keeton Construction be awarded the contract. This includes coverage fbr - • Commercial General Liability • Umbrella/Excess Liability • Automobile Liability • Builders Risk insurance • Professional Liability • Pollution Liability • Workers Gornpensatioh All coverage wfl either meet or exceed your minirnum requirements. trusted Choice"^ 4700 Spring Street • Fourth Floor • La Mesa, CA 91942-0275 • Main: (619) 464-6851 • Fax:(619) 668-4715 www.teagueins.com • License #0525512 • Established 1954 ACKNOWLEDGMENT State of California County of SciK 0)W> Jss. On r\im^.?^k^^m^ before m^^^r. V\^\&\X\t Notary Public, personally appeared I OilllQm n\V.Ci]90\] \rh who proved to me on thie basis of satisfactory evidence to be the person^ whose name(.s> is/are subscribed to the within instrument and acknowledged to me that he/sb«/tbey executed the same in his/hef/theif authorized capacity(ies^, and that by his/hef/tl^ir signatures(e) on the instrument the person(s), or the entity upon behalf of which the person(8)^ acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature DAWN AUGUSTINE Commission No. 2013307 o NOTARY PUBUC - CALIFORNIA S SAN DIEGO COUNTY > Commission E)(pifMl|tet*18j2^ OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Thumbprint of Signer Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: Trustee Power of Attorney CEO/CFO/COO President / Vice-President / Secretary / Treasurer Other: . I I Check here if no thumbprint or fingerprint is available. Other Information: c 2008 Allstate Notary Preparation. ' (800) 689^8456 • •,v\w,al!statenotary,com KEETO-1 CERTIFICATE OF LIABILITY INSURANCE OP ID: LA DATE<MM™/YYYY) 08/05/14 .^k THIS CERnFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the poiicy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the PRODUCER 619-464-6851 Teague Insurance Agency, inc. License #0525512 619-668-4715 4700 Spring St., 4th Fioor La Mesa, CA 91942 William Medigovich NAME**^^ Dawn Pool, CISR PRODUCER 619-464-6851 Teague Insurance Agency, inc. License #0525512 619-668-4715 4700 Spring St., 4th Fioor La Mesa, CA 91942 William Medigovich "I^L P^: 619-668-2374 TA/C. NOI: 619-668-4715 PRODUCER 619-464-6851 Teague Insurance Agency, inc. License #0525512 619-668-4715 4700 Spring St., 4th Fioor La Mesa, CA 91942 William Medigovich ImRFss- DPool@Teaqueins.com PRODUCER 619-464-6851 Teague Insurance Agency, inc. License #0525512 619-668-4715 4700 Spring St., 4th Fioor La Mesa, CA 91942 William Medigovich INSURER(S) AFFORDING COVERAQE NAIC# PRODUCER 619-464-6851 Teague Insurance Agency, inc. License #0525512 619-668-4715 4700 Spring St., 4th Fioor La Mesa, CA 91942 William Medigovich INSURER A: Associated Industries 23140 INSURED Keeton Construction Co., Inc. 41635 Enterprise Circle No. #A Temecula, CA 92590 INSURER B: Topa Insurance Company c/o INSURED Keeton Construction Co., Inc. 41635 Enterprise Circle No. #A Temecula, CA 92590 INSURERC iGeneral Insurance Co. INSURED Keeton Construction Co., Inc. 41635 Enterprise Circle No. #A Temecula, CA 92590 INSURERD:State Compensation Ins. Fund INSURED Keeton Construction Co., Inc. 41635 Enterprise Circle No. #A Temecula, CA 92590 INSURERS: INSURED Keeton Construction Co., Inc. 41635 Enterprise Circle No. #A Temecula, CA 92590 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTiFY THAT THE POUCIES OF INSURANCE USTED 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 POLICY NUMBER GENERAL UABIUTY COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GENl AGGREGATE LIMIT APPLIES PER: PRO- JECT. LOC AES1020501B POLICY EFF (MM/DD/YYYY) 02/28/14 POLICY EXP (MM/DD/YYYYl 02/28/15 Emp Ben. LIMITS EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea oceurrencel MED EXP (Any one person) PERSONAL & ADV INJURY OENERAL AGGREGATE PRODUCTS - COMP/OP AGG 1,000,000 100,000 Excluded 1,000,000 2,000,000 2,000,000 1,000,000 AUTOMOBILE LIABILITY ANYAUTO ALL OWNED AUTOS HIRED AUTOS 24CC31119610 03/12/14 03/12/15 COMBINED SINGLE LIMIT (Ea accidentl 1,000,000 BODILY INJURY (Per person) SCHEDULED AUTOS NON-OWNED AUTOS BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accidentl UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS-MADE EACH OCCURRENCE 5,000,000 XL660278803 02/28/14 02/28/15 AGGREGATE 5,000,000 DED I X I RETENTIONS 10,000 WORKERS COMPENSATION ANO EMPLOYERS'LIABILITY y/N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) • N/A 300005814 01/01/14 01/01/15 Y WC STATU-A TORY LIMITS OTH-_EB. E.L. EACH ACCIDENT 1,000,000 E.L. DISEASE - EA EMPLOYEE 1,000,000 If yes, describe under DESC SCRIPTION OF OPERATIONS telow E.L. DISEASE - POLICY LIMIT 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORO 101, Additional Remarks Schedule, If more space Is required) Re: Fire Station No. 3, Bid No PWS14-44PEM, Project No. 4003. The City of Carlsbad, its officials, employees, and volunteers are named as additional insured with primary/non-contributory wording per form CG20330704, CG20370704 & NXGL0090809 with respects to General liability» CERTIFICATE HOLDER CANCELLATION City of Carlsbad Engineering Department 5950 El Camino Real Carlsbad, CA 92008-7314 SHOULD ANY OF "THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE \THE EXPIRATIOM DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WI^H THE POLICY PROVISIONS. ^ ED REPRBSENTATIVE ACORD 25 (2010/05) ^i(>588caijiA*CORD CORPORATION The ACORD name and logo are registered marks ofACORD ghts reserved. NOTEPAD: HOLDER CODE INSUREDS NAME Kccton Constructlon Co., Inc. KEETO-1 OP ID: LA PAGE 2 DATE 08/05/14 »and named additional insured with respects to Auto Liability per form CA71100307 when required by written contract or agreement. Waiver of subrogation applies to General Liability per form CG24040509, with respects to Auto Liability perform CA71100307 when required by written contract or agreement. Waiver of subrogation applies to Workers Compensation per SCIF Form 10214 (rev.1-2012) POLICY NUMBER:AES1020501 01 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided underthe following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: All persons or organizations where required by written contract with the named insured Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Otiiers To Us of Section IV - Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 POLICY NUMBER: AES1020501 01 COIWMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS " COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organizatlon{s): Location And Description Of Completed Operations All persons or organizations wliere written contract witli the Named Insured requires an additional in- sured with completed operations. This form does not apply to your wortt on "residen- tial property". infonnation required to complete this Schedule, if not shown above, will be shown in the Declarations. Section 11 - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only wilh respect to liability for "bodily injury" or "property dam- age" caused, in whole or in pari, by "your work" at the location designated and described In the sched- ule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 • COMMERCIAL GENERAL LIABILITY CG 20 33 07 04 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 modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Section 11 - Who Is An Insured is amended to include as an additional insured any person or or- ganization 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 addi- tional insured on your policy. Such person or or- ganization is an additional insured only with re- spect to liability for "bodily injury", "property damage" or "personal and advertising Injury" caused, in whole or in part, by; 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional Insured are complet- ed. B, With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not appiy to: 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the render- ing of, or the failure to render, any professional architectural, engineering or surveying ser- vices, including: a. The preparing, approving, or failing to pre- pare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifica- tions; or b. Supervisory, inspection, architectural or engineering activities. 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 ser- vice, maintenance or repairs) to be per- formed by or on behalf of the additional in- sured(s) at the tocation 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 subcontrac- tor engaged in performing operations for a principal as a part of the same project. CG 20 33 07 04 © ISO Properties, Inc.. 2004 Page 1 of 1 POLICY NUMBER: AES1020501 01 COMIVIERCIAL GENERAL LIABILITY NX GL 009 08 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTING INSURANCE (THIRD-PARTY) This endorsement modifies insurance provided under the following: COMMERCIAL GENEFIAL LIABIUTY COVERAGE PART SCHEDULE Third Party: All persons or organizations where required by written contract with the Named insured (Absence of a specifically named Third Party above means that the provisions of this endorsement apply as required by written contractual agreement with any Third Party for whom you are performing work.) Paragraph 4. of SECTION JV: COMMERCIAL GENERAL LIABILITY CONDITIONS is repiaced by the following; 4. Other Insurance: With respect to the Third Parly shown above, this insurance is primary and non-contributing. Any and all other valid and collectable insurance available to such Third Party in respect of work performed by you under written contractual agreements with said Third Parly for loss covered by this policy, shall In no Instance be considered as primary, co-insurance, or contributing insurance. Rather, any such other insurance shall be considered excess over and above the insunance provided by this policy. NX GL 009 08 09 Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission COMMERCIAL AUTO CA 71 10 03 07 THIS ENDORSEMENT CHANGES THE POUCY. PLEASE READ IT CAREFULLY. AUTO PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. EXTENDED CANCELLATiON CONDITION Paragraph 2.b. of the CANCELLATION Common Policy Condition Is replaced by the following: b. 60 days before the effective date of cancellation if we cancel for any other reason. TEMPORARY SUBSTITUTE AUTO - PHYSICAL DAMAGE COVERAGE Under paragraph C. - CERTAIN TRAILERS, MO- BILE EQUIPMENT AND TEMPORARY SUBSTITUTE AUTOS Of SECTION 1 - COVERED AUTOS, the following is added: If Physical Damage coverage is provided by this Cov- erage Form, then you have coverage for: Any "auto" you do not own while used with the per- mission of its owner as a temporary substitute for a covered "auto" you own that is out of service be- cause of its breakdown, repair, servicing, "loss" or destruction. BROAD FORM NAMED INSURED SECTION ii - LIABILITY COVERAGE - A.1. WHO IS AN INSURED provision is amended by the addition of the following: d. Any business entity newly acquired or formed by you during the policy period provided you own 50% or more of the business entity and the business entity is not separately insured for Business Auto Coverage. Coverage is extended up to a maximum of 180 days following acquisi- tion or formation of the business entity. Coverage under this provision is afforded only until the end of the policy period. BLANKET ADDiTiONAL INSURED SECTION ii - LIABILITY COVERAGE - A.1. WHO IS AN INSURED provision is amended by the addition of the following: e. Any person or organization for whom you are re- quired by an "insured contract" to provide insur- ance is an "insured", subject to the following additional provisions: (1) The "insured contract" must be in effect during the policy period shown in the Decla- rations, and must have been executed prior to the "bodily injury" or "property damage". (2) This person or organization is an "insured" only to the extent you are liable due to your ongoing operations for that insured, whether the work is performed by you or for you, and only to the extent you are held liable for an "accident" occurring while a covered "auto" is being driven by you or one of your em- ployees. (3) There is no coverage provided to this person or organization for "bodily injury" to its em- ployees, nor for "property damage" to its property. (4) Coverage for this person or organization shall be limited to the extent of your negli- gence or fault according to the applicable principles of comparative negligence or fault. (5) The defense of any claim or "suit" must be tendered by this person or organization as soon as practicable to all other insurers which potentially provide insurance for such claim or "suit". Includes copyrighted material of Insurance Sen/ices Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1997 CA 71 10 03 07 Page 1 ol 6 EP r\crTXiiN I curr\*jtvi i nc MPtv^nivc. i nc wrM«jM>iML i RMt\aM\^MWi\ IVIMI IINVJLUUC MUUI I IWI^IML rwr^ivio (6) The coverage provided will not exceed the lesser of: (a) The coverage and/or limits of this policy; or (b) The coverage and/or limits required by the "insured contract". (7) A person's or organization's status as an "insured" under this subparagraph d ends when your operations for that "insured" are completed. EMPLOYEE AS INSURED Under Paragraph A. of Section II - LIABILITY COV- ERAGE item f. is added as follows: Your "employee" while using his owned "auto", or an "auto" owned by a member of his or her household, in your business or your personal affairs, provided you do not own, hire or borrow that "auto". This coverage is excess to any other collectible insurance coverage. FELLOW EMPLOYEE COVERAGE Exclusion 5. FELLOW EMPLOYEE of SECTION I LIABILITY COVERAGE - B. EXCLUSIONS amended by the addition of the following: IS However, this exclusion does not apply if the "bodily injury" results from the use of a covered "auto" you own or hire, and provided that any coverage under this provision only applies in excess over any other collectible insurance. BLANKET WAIVER OF SUBROGATION We waive the right of recovery we may have for pay- ments made for "bodily injury" or "property damage" on behalf of the persons or organizations added as "insureds" under Section 11 - LIABILITY COVERAGE - A.1.D. BROAD FORM NAMED INSURED and A.1.e. BLANKET ADDITIONAL INSURED. PHYSICAL DAMAGE - ADDITIONAL TRANS- PORTATION EXPENSE COVERAGE The first sentence of paragraph A.4. of SECTION III - PHYSICAL DAMAGE COVERAGE is amended as follows: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. PERSONAL EFFECTS COVERAGE A. SECTION III - PHYSICAL DAMAGE COVER- AGE, A.4. COVERAGE EXTENSIONS, is amended by adding the following: c. Personal Effects Coverage For any Owned "auto" that is involved in a covered "loss", we will pay up to $500 for "personal effects" that are lost or damaged as a result of the covered "loss", without applying a deductible. EXTRA EXPENSE - BROADENED COVERAGE Paragraph A. - COVERAGE of SECTION III - PHYSICAL DAMAGE COVERAGE is amended to add: 5. We will pay for the expense of returning a stolen covered "auto" to you. AIRBAG COVERAGE Under paragraph B. - EXCLUSIONS -PHYSICAL DAMAGE COVERAGE, added: of SECTION III the following is The exclusion relating to mechanical breakdown does not apply to the accidental discharge of an airbag. NEW VEHICLE REPLACEMENT COST Under Paragraph C - LIMIT OF INSURANCE of Section III - PHYSICAL DAMAGE COVERAGE sec- tion 2 is amended as follows: 2. An adjustment for depreciation and physical con- dition will be made in determining actual cash value in the event of a total loss. However, in the event of a total loss to your "new vehicle" to which this coverage applies, as shown in the declarations, we will pay at your option: a. The verifiable "new vehicle" purchase price you paid for your damaged vehicle, not in- cluding any insurance or warranties pur- chased; b. The purchase price, as negotiated by us, of a new vehicle of the same make, model and equipment, not including any furnishings, parts or equipment not installed by the manufacturer or manufacturer's dealership, if the same model is not available pay the purchase price of the most similar model available; Page 2 ol 6 ncrrMiN I CLvrt^wivi incMr\u.nivc mc VJPIUJII^ML ir\Hi\ort\ji IUIAI IVIMT ii'iuLULfCMuui I IUIV^L rwrMvio c. The market value of your damaged vehicle, not including any furnishings, parts or equip- ment not installed by the manufacturer or manufacturer's dealership. This coverage applies only to a covered "auto" of the private passenger, light truck or medium truck type (20,000 Ibs or less gross vehicle weight) and does not apply to initiation or set up costs associated with loans or leases. TWO OR MORE DEDUCTIBLES Under SECTION III - PHYSICAL DAMAGE COV- ERAGE, If two or more "company" policies or cover- age forms apply to the same accident, the following applies to paragraph D. Deductible: a. If the applicable Business Auto deduct- ible is the smaller (or smallest) deduct- ible it will be waived; or b. If the applicable Business Auto deduct- ible is not the smaller (or smallest) de- ductible it will be reduced by the amount of the smaller (or smallest) deductible; or c. If the loss involves two or more Busi- ness Auto coverage forms or policies the smaller (or smallest) deductible will be waived. For the purpose of this endorsement "company" means: a. Safeco Insurance Company of America b. American States Insurance Company c. General Insurance Company of America d. American Economy Insurance Company e. First National Insurance Company of America f. American States Insurance Company of Texas g. American States Preferred Insurance Company h. Safeco Insurance Company of Illinois LOAN/LEASE GAP COVERAGE Under paragraph C - LIMIT OF INSURANCE of SECTION ill - PHYSICAL DAMAGE COVERAGE, the following is added: 4. The most we will pay for a total "loss" in any one "accident" is the greater of the following, subject to a $1,500 maximum limit: a. Actual cash value of the damaged or stolen property as of the time of the "loss", less an adjustment for depreciation and physical condition; or b. Balance due under the terms of the loan or lease that the damaged covered "auto" is subject to at the time of the "loss", less any one or all of the following adjustments: (1) Overdue payment and financial penalties associated with those payments as of the date of the "loss". (2) Financial penalties imposed under a lease due to high mileage, exces- sive use or abnormal wear and tear. (3) Costs for extended warranties, Cre- dit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease. (4) Transfer or rollover balances from previous loans or leases. (5) Final payment due under a "Balloon Loan". (6) The dollar amount of any un-repaired damage that occurred prior to the "total loss" of a covered "auto". (7) Security deposits not refunded by a lessor. (8) All refunds payable or paid to you as a result of the early termination of a lease agreement or any war- ranty or extended service agree- ment on a covered "auto". (9) Any amount representing taxes. (10) Loan or lease termination fees GLASS REPAIR - WAIVER OF DEDUCTIBLE Under paragraph D. - DEDUCTIBLE -PHYSICAL DAMAGE COVERAGE, added: of SECTION III the following is No deductible applies to glass damage if the glass is repaired rather than replaced. AMENDED DUTIES IN THE EVENT OF ACCI- DENT, CLAIM, SUIT OR LOSS The requirement in LOSS CONDITION 2.a. - DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS - of SECTION IV - BUSINESS AUTO CONDITIONS that you must notify us of an OA 71 10 03 07 Page 3 ol 6 EP rtcrmi'^icurr^LJivi i nc nr^u-nivc. i nc iJrMijiiMMU i rt«i\aMU i H-JIN IVIMI IIVIJLUUC MUumuMWU rwnivio "accident" applies only when the "accident" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; or (3) An executive officer or insurance manager, if you are a corporation. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV - BUSINESS AUTO CONDITIONS - B.2. is amended by the addition of the following: If you unintentionally fail to disclose any hazards ex- isting at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. HIRED AUTO - LIMITED WORLD WIDE COVER- AGE Under Section IV — Business Conditions, Paragraph B.7.b.e(1) is replaced by the following: (1) The "accident" or "loss" results from the use of an "auto" hired for 30 days or less. RESULTANT MENTAL ANGUISH COVERAGE SECTION V - DEFINITIONS - C. is replaced by the following: "Bodily injury" means bodily injury, sickness or dis- ease sustained by a person including mental anguish or death resulting from any of these. HIRED AUTO PHYSICAL DAMAGE COVERAGE If hired "autos" are covered "autos" for Liability cov- erage and if Comprehensive, Specified Causes of Loss or Collision coverages are provided under this Coverage Form for any "auto" you own, then the Physical Damage Coverages provided are extended to "autos" you hire or borrow. The most we will pay for loss to any hired "auto" is $50,000 or Actual Cash Value or Cost of Repair, whichever is smallest, minus a deductible. The de- ductible will be equal to the largest deductible appli- cable to any owned "auto" of the private passenger or light truck type for that coverage. Hired Auto Phy- sical Damage coverage is excess over any other col- lectible insurance. Subject to the above limit, deductible and excess provisions, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. HIRED AUTO PHYSICAL DAMAGE COVERAGE - LOSS OF USE SECTION III - PHYSICAL DAMAGE A.4.b. Form does not apply. Subject to a maximum of $1,000 per accident, we will cover loss of use of a hired "auto" if it results from an accident, you are legally liable and the lessor in- curs an actual financial loss. RENTAL REIMBURSEMENT COVERAGE A. We will pay for rental reimbursement expenses incurred by you for the rental of an "auto" be- cause of a covered "loss" to a covered "auto". Payment applies in addition to the othenwise ap- plicable amount of each coverage you have on a covered "auto". No deductibles apply to this coverage. B. We will pay only for those expenses incurred during the policy period beginning 24 hours after the "loss" and ending, regardless of the policy's expiration, with the lesser of the following number of days: 1. The number of days reasonably required to repair or replace the covered "auto". If "loss" is caused by theft, this number of days is added to the number of days it takes to locate the covered "auto" and return it to you. 2. 30 days. C. Our payment is limited to the lesser of the fol- lowing amounts: 1. Necessary and actual expenses incurred. 2. $50 per day. D. This coverage does not apply while there are spare or reserve "autos" available to you for your operations. E. If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not al- ready provided for under the PHYSICAL DAM- AGE COVERAGE Coverage Extension. F. The Rental Reimbursement Coverage described above does not apply to a covered "auto" that is described or designated as a covered "auto" on Page 4 of 6 r\crrMivi curr^uivi i nc rtPti^nivc. fncuKiuri'iML i PtMiNOrtU r lui^ IVIMT H>(L.I_UL«C HUUI I IUINHL rvjr^ivio Rental Reimbursement CA 99 23. Coverage Form AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE A. Coverage 1. We will pay with respect to a covered "auto" for "loss" to any electronic equipment that receives or transmits audio, visual or data signals and that is not designed solely for the reproduction of sound. This coverage applies only if the equipment is permanently installed in the covered "auto" at the time of the "loss" or the equipment is removable from a housing unit which is permanently installed in the covered "auto" at the time of the "loss", and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto". 2. We will pay with respect to a covered "auto" for "loss" to any accessories used with the electronic equipment described in paragraph A.1. above. However, this does records or discs. not include tapes, 3. If Audio, Visual and Data Electronic Equip- ment Coverage form CA 99 60 or CA 99 94 is attached to this policy, then the Audio, Vi- sual and Data Electronic Equipment Cover- age described above does not apply. B. Exclusions The exclusions that apply to PHYSICAL DAM- AGE COVERAGE, except for the exclusion relat- ing to Audio, Visual and Data Electronic Equipment, also apply to this coverage. In addi- tion, the following exclusions apply: We will not pay for either any electronic equip- ment or accessories used with such electronic equipment that is: 1. Necessary for the normal operation of the covered "auto" for the monitoring of the covered "auto's" operating system; or 2. Both: an integral part of the same unit housing any sound reproducing equipment de- signed solely for the reproduction of sound if the sound reproducing equipment is permanently installed in the covered "auto"; and permanently installed in the opening of the dash or console normally used by the manufacturer for the installation of a radio. C. Limit of Insurance With respect to this coverage, the LIMIT OF IN- SURANCE provision of PHYSICAL DAMAGE COVERAGE is replaced by the following: 1. The most we will pay for "loss" to audio, vi- sual or data electronic equipment and any accessories used with this equipment as a result of any one "accident" is the lesser of: a. The actual cash value of the damaged or stolen property as of the time of the "loss"; or b. The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. c. $1,000. 2. An adjustment for depreciation and physical condition will be made in determining actual cash value at the time of the "loss". 3. If a repair or replacement results in better than like kind or quality, we will not pay for the amount of the betterment. D. Deductible 1. If "loss" to the audio, visual or data elec- tronic equipment or accessories used with this equipment is the result of a "loss" to the covered "auto" under the Business Auto Coverage Form's Comprehensive or Colli- sion Coverage, then for each covered "auto" our obligation to pay for, repair, return or re- place damaged or stolen property will be re- duced by the applicable deductible shown in the Declarations. Any Comprehensive Cov- erage deductible shown in the Declarations does not apply to "loss" to audio, visual or data electronic equipment caused by fire or lightning. 2. If "loss" to the audio, visual or data elec- tronic equipment or accessories used with this equipment is the result of a "loss" to the covered "auto" under the Business Auto Coverage Form's Specified Causes of Loss Coverage, then for each covered "auto" our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by a $100 deductible. 3. If "loss" occurs solely to the audio, visual or data electronic equipment or accessories used with this equipment, then for each cov- ered "auto" our obligation to pay for, repair, CA 71 10 03 07 Page 5 of 6 EP r^ct-TMiN I CL/rr^uiVf inc Mr\V/nivc. i nc t^rtiuii-^rtL ir^MiNOMWiiwivivmT IIMOUULJC MUumwi>4ML. ruTMVio return or replace damaged or stolen property SECTION V - DEFINITIONS is amended by adding will be reduced by a $100 deductible. the following: In the event that there is more than one ap- Q. "Personal effects" means your tangible plicable deductible, only the highest deduct- property that is worn or carried by you, ex- ible will apply. In no event will more than one cept for tools, jewelry, money, or securities, deductible apply. P_ u^^^ vehicle" means any "auto" of which you are the original owner and the "auto" has not been previously titled and is less than 365 days past the purchase date. Page 6 of 6 HTOl^E OFFICE SAN FRANCISCO \LL EFFECTIVE DATES ARE \T 12:01 AM PACIFIC STANDARD TIME OR THE riME INDICATED AT 'ACIFIC STANDARD TIME WAIVER OF SUBROGATION 3000058-14 RENEWAL SD 1-75-34-78 PAGE 1 EFFECTIVE AUGUST 4, 2014 AT 12.01 A.M. AND EXPIRING JANUARY 1, 2015 AT 12.01 A.M. KEETON CONSTRUCTION CO INC 41635 ENTERPRISE CIR N STE A TEMECULA, CA 92590 ANYTHING IN THIS POLICY TO THE CONTRARY NOIWITHSTANDING, IT IS AGREED THAT THE STATE COMPENSATION INSURANCE FUND WAIVES ANY RIGHT OF SUBROGATION AGAINST, CITY OF CARLSBAD WHICH MIGHT ARISE BY REASON OF ANY PAYMENT UNDER THIS POLICY IN CONNECTION WITH WORK PERFORMED BY, KEETON CONSTRUCTION CO INC IT IS FURTHER AGREED THAT THE INSURED SHALL MAINTAIN PAYROLL RECORDS ACCURATELY SEGREGATING THE REMUNERATION OF EMPLOYEES WHILE ENGAGED IN WORK FOR THE ABOVE EMPLOYER. IT IS FURTHER AGREED THAT PREMIUM ON THE EARNINGS OF SUCH EMPLOYEES SHALL BE INCREASED BY 03Z. NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS OF THIS ENDORSEMENT. COUNTERSIGNED AND ISSUED AT SAN FRANCISCO: AUGUST 6, 2014 AUTHORIZED REPRESENTA'HVE PRESIDENT AND CEO 2570 BIDDER'S STATEMENT RE DEBARMENT (To Accompany Proposal) FIRE STATION 3 CONTRACT NO. 4003 1) 2) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California? X yes no 2) If yes, what was/were the name(s) of the agency(ies) and what was/were the period(s) of debarment(s)? Attach additional copies of this page to accommodate more than two debarments. party debarred party debarred agency agency period of debarment period of debarment BY CONTRACTOR: Keeton Construction Companv, Inc. (nartiQ of Contractor) By: (signTiera Dan DodgeA/ice President (print name/title) Page _J of 1 pages ofthis Re Debarment form Revised 1 /30/13 Contract No. 4003 Page 20 of 102 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) FIRE STATION 3 CONTRACT NO. 4003 Contractors are required by law to be licensed and regulated by the Contractors' State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors' State License board, P.O. Box 26000, Sacramento, California 95826. 1) Have you ever had your contractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? X yes no 2) Has the suspension or revocation of your contractor's license ever been stayed? _X. yes no 3) Have any subcontractors that you propose to perform any portion of the Work ever had their contractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? X yes no 4) Has the suspension or revocation of the license of any subcontractor's that you propose to perform any portion of the Work ever been stayed? J< yes no 5) If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the party disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of the violation and the disciplinary action taken therefore. (If needed attach additional sheets to provide full disclosure.) Page 1 of 2 pages of this Disclosure of Discipline form "•K Revised 1/30/13 Contract No. 4003 Page 21 of 102 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) Fire Station 3 Contract No. 4003 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 full disclosure.) BY CONTRACTOR: Keeton Construction Comeany. Inc. (na By (sign here) Dan DodgeA/ice-President (print name/title) Page 2 of 2 pages ofthis Disclosure of Discipline form Revised 1/30/13 Contract No. 4003 Page 22 of 102 Pages NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 State of California County of Riverside Dan Dodge ) ss. FIRE STATION 3 CONTRACT NO. 4003 ) being first duly sworn, deposes (Name of Bidder) and says that he or she is Vice-President (Title) of Keeton Construction Company, Inc. (Name of Firm) the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury that the foregoJog is true and correct and that this affidavit was executed on the HO ., 20 14 Signature of Bidder^ Subscribed and sworn to before me on the. _ day of ., 20iU. (NOTARY SEAL) OSCAR GONZALEZ COMM. #1996091 Notary Pubiic-California ^ RIVERSIDE E My Commission Expires Oct. 29, 2016 Jt ¥ Revised 1/30/13 Contract No. 4003 Page 23 of 102 Pages CONTRACT PUBLIC WORKS This agreement is made this _ _ day of by and between the City of Carlsbad, California, a municipal coVporation, (hereinafter called "City"), and Keeton Construction Company, a California corporation whose principal place of business is 41635 Enterprise Cir North, #A, Temecula, CA 92590 (hereinafter called "Contractor"). City and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in the Contract documents for: FIRE STATION 3 CONTRACT NO. 4003 (hereinafter called "project") 2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents. 3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids, Contractor's Proposal, Bidder's Bond, Non-Collusion Affidavit, Designation of Subcontractors, Technical Ability and Experience, Bidder's Statement Re Debarment, Escrow Agreement, Release Form, the Plans and Specifications, the General Provisions, addendum(s) to said Plans and Specifications and General Provisions, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, and all bonds for the project; all of which are incorporated herein by this reference. Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as indicated, specified, and implied by the Contract Documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the Contractor's expense to fulfill the intent of said documents. In all instances through the life of the Contract, the City will be the interpreter of the intent of the Contract Documents, and the City's decision relative to said intent will be final and binding. Failure ofthe Contractorto apprise subcontractors and materials suppliers of this condition 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. 5. Independent Investigation. Contractor has made an independent investigation of the jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the work, and is aware of those conditions. The Contract price includes payment for all work that may be done by Contractor, whether anticipated or not, in order to overcome underground conditions. Any information that may have been furnished to Contractor by City about underground conditions or other job conditions is for Contractor's convenience only, and City does not warrant that the conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground conditions and has not relied on information furnished by City. 6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenches or other excavations that extend deeper than four feet below the surface Contractor shall promptly, Revised 1/30/13 Contract No. 4003 Page 24 of 102 Pages 6 Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenches or other excavations that extend deeper than four feet below the surface Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (A) Hazardous Waste. Material that Contractor believes may be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law. (B) Differing Conditions. Subsurface or latent physical conditions at the site differing from those indicated. (C) Unknown Physical Conditions. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally.recognized as inherent in work of the character provided for in the contract. City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in contractor's costs of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in this contract. In the event that a dispute arises between City and Contractor whether the conditions materially differ or involve hazardous waste, or cause a decrease or increase in the contractor's cost of, or time required for, performance of any part of the work, contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. 7 Immigration Reform and Control Act. Contractor certifies it is aware of the requirements of" the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this Contract. 8 Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss damage, injurv and liability of every kind, nature and description, directly or indirectly arising fronri or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those relating to safety and health- and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by the Contractor, whether intentional or othenwise, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. Revised 1/30/13 Contract No. 4003 Page 25 of 102 Pages 9 Insurance. Contractor shall procure and maintain for the duration of the contract insurance aqainst claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. Said insurance shall meet the City's policy for insurance as stated in City Council Policy # 70. (A) Coverages and Limits Contractor shall maintain the types of coverages and minimum limits indicted herein: a Commercial General Liability Insurance: $1,000,000 combined single limit per occurrence for bodily injury and property damage. If the policy has an aggregate limit, a separate aggregate in the amounts specified shall be established for the risks for which the City or its agents, officers or employees are additional insured. b Business Automobile Liability Insurance: $1,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. c Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits as required by the Labor Code of the State of California. Workers' compensation offered by the State Compensation Insurance Fund is acceptable to the City. (B) Additional Provisions: Contractor shall ensure that the policies of insurance required under this agreement with the exception of Workers' Compensation and Business Automobile Liability Insurance contain, or are endorsed to contain, the following provisions. a The City its officials, employees and volunteers are to be covered as additional insured as respects- liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the contractor; premises owned, leased, hired or borrowed by the contractor The coverage shall contain no special limitations on the scope of protection afforded to the City its officials, employees or volunteers. All additional insured endorsements must be evidenced using separate documents attached to the certificate of insurance; one for each company affording general liability, and employers' liability coverage. b The Contractor's insurance coverage shall be primary insurance as respects the City, its officials employees and volunteers. Any insurance or self-insurance maintained by the City, its officials! employees or volunteers shall be in excess of the contractor's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees or volunteers. d Coverage shall state that the contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurers liability. (C) Notice of Cancellation. Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage or limits except after ten (10) days' prior written notice has been sent to the City by certified mail, return receipt requested. (D) Deductibles and Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured retention levels must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. Revised 1/30/13 Contract No. 4003 Page 26 of 102 Pages (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-:V1I. Insurers must also be authorized to transact the business of insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a listing in the official publication of the Department of Insurance of the State of California and/or under the standards specified by City Council Policy # 70. (H) Verification of Coverage. Contractor shall furnish the City with certificates of insurance and original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be in forms approved by the City and are to be received and approved by the City before the Contract is executed by the City. (I) Cost of Insurance. The Cost of all insurance required under this agreement shall be included in the Contractor's bid. 10. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolved in accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with section 20104) which are incorporated by reference. A copy of Article 1.5 is included in Section 3 of the General Provisions. The contractor shall initially submrt all claims over $375 000 to the City using the informal dispute resolution process described in Public Contract Code subsections 20104.2(a), (c), (d). Notwithstanding the provisions of this section of the contract, all claims shall comply with the Government Tort Claim Act (section 900 et seq., of the California Government Code) for any claim or cause of action for money or damages prior to filing any lawsurt for breach of this agreement. (A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction wrth Irtigation. (B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, rt may be considered fraud and the Contractor may be subject to criminal prosecution. (C) Government Code. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. (D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, rt is entrtled to recover its litigation costs, including attorney's fees. (E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented from further bidding on public contracts for a period of up to five years. (F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. Revised 1 /30/13 Contract No. 4003 Page 27 of 102 Pages (G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor from participating in future contract bidding. (H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. J I have read and understand all provisions of Section 10 above. inrt inrt 11. Security. Securities in the form of cash, cashier's check, or certrtied check may be substituted for any monies withheld by the Crty to secure performance of this contract for any obligation established by this contract. Any other security that is mutually agreed to by the Contractor and the City may be substrtuted for monies withheld to ensure performance under this Contract. 12 Unfair Business Practices. In entering into a public works contract or a subcontract to supply goods services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, trtle, and interest in and to all causes of action rt may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or matenals pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the parties. 13 Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and included herein, and if, through mistake or othenwise, any such provision is not inserted, or is not correctly inserted, then upon application of erther party, the Contract shall forthwrth be physically amended to make such insertion or correction. Revised 1/30/13 Contract No. 4003 Page 28 of 102 Pages 14. Additional Provisions. Any addrtional provisions of this agreement are set forth in the "General Provisions" attached hereto and made a part hereof. NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED OF CARLSBAD a municipal corporation of \t,imH.CMfiSmcrm MM.IfJC state of C,lif,rnf' "^(name o>^Con^ctor) By: (CORPORATE SEAL) CONTRACTOR ^ OF CARLSBAD Jtate of Calif(prn/M Mayor ATTEST (print name and trtle) BARA ENGLESQMrCity Clerk/o^ -;^^''^*^-:;^ ^ By: (sign here) (print name and trtle) 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 Attol(fiey Revised 1/30/13 Contract No. 4003 Page 29 of 102 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 State of Califoj^ia County of. On before me personally appeared Here Insert Name and Title of the Officer Name(s) of Signer(s) ROBERT C. JOHNSON Commission # 2008084 Notary Public - Caiifornia 1 J- smm^^ San Diego County g '^^^ My Comm. Expires Feb 18,20171 ^^'^^'m'^^^'yr'ir'^^^'^^r'^^mqfmffi^f/^ who proved to me on the basis of satisfactory evidence to be the person"ti^) whose name(i^ 1s/^ subscribed to the within instrument and acknowledged to me that he?^e/tFt^y executed the same in his/hV/tl^f authorized capacity(i^), and that by his/her/their signature(S) on the instrument the person(^, or the entity upon behalf of which the person(^ acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my/fknd and official seal. Place Notary Seal Above Signature: OPTIONAL — Signature of llotary Public Though the information below is not required by law, it may prove valuable to persorh^reli/ing on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Documen Title or Type of Document^ Document Date: _ ^ L?I} ^ Number of Pages: ^ Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: • • Corporate Officer — Title(s): • Individual • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: ^_ RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:. Signer's Name: • Corporate Officer — Title(s): • Individual • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: RIGHTTHUMBPRINT OF SIGNER Top of thumb here ) 2010 National Notary Association • NationalNotary.org . 1-800-US NOTARY (1-800-876-6827) Bond No. PB 115104 00341 Premium: In. w/ Perf. Bond LABOR AND MATERIALS BOND WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. 2014-184, adopted July 22, 2014, has awarded to Keeton Construction Company (hereinafter designated as the "Principal"), a Contract for: FIRE STATION 3 CONTRACT NO. 4003 in the City of Carlsbad, in sthct conformity with the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of their subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, WE, Keeton Construction Company, as Principal, (hereinafter designated as the "Contractor"), and Philadelphia Indemnity Insurance Canpany as Surety, are held firmly bound unto the City of Carlsbad in the sum of FIVE MILLION EIGHT HUNDRED SEVENTEEN THOUSAND DOLLARS (5,817,000) said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with California Civil Code section 3181, or for amounts due under the Unemployment Insurance Code with respect to the work or labor performed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also, in case surt is brought upon the bond, reasonable attorney's fees, to be fixed by the court consistent with California Civil Code section 3248. This bond shall inure to the benefit of any of the persons named in California Civil Code section 3181, so as to give a right of acfion to those persons or their assigns in any surt brought upon the bond. Surety sfipulates and agrees that no change, extension of fime, alterafion or addifion to the terms of the Contract, or to the work to be performed hereunder or the specificafions accompanying the same shall affect its obligafions on this bond, and rt does hereby waive nofice of any change, extension of fime, alterafions or addifion to the terms of the contract or to the work or to the specificafions. ^m¥ Revised 1/30/13 Contract No. 4003 Page 30 of 102 Pages Bond No. PB 115104 00341 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 dayof //AJJ^"^ 20. CONTRACTOR: Keeton Constxuction Co., Inc. (print name here) (title and organization of signatory) By:. (sign here) (print name here) Executed by SURETY this 29th day of July , 20 JA_. SURETY: Philadelphia Indemnity Tnsnrance Conpany — (name of Surety) 251 S. Lake Ave., Suite 360 Pasadena, CA 91101 (address of Surety) (626)639-1321 By: (telephone number of Surety) (signaturq^^ttorney-in-Fact) Matthew J. Coats (printed name of Attorney-in-Fact) (attach corporate resolution showing current power of attorney) (title and organization of signatory) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: CELIA A. BREWER City Attorney By: Assistant City Revised 1/30/13 Contract No. 4003 Page 31 of 102 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 State of California t Calitornia . 1 OoniilyolJ^mJkiM) J 7 DMe ' ~ Here Insert Name and Title of the Officer ' personally appeared before me. Name(s) of Signer(s) 11* ft I •T III il^ ftii ROBERT C. JOHNSON Commission # 2008084 I Notary Public - California I San Diego County 2 ^ My Comm. Expires Feb 18,20171 who proved to me on the basis of satisfactory evidence to be the person(^ whose name(S^ isTasg subscribed to the within instrument and acknowledged to me that heTshe/they executed the same in his/hej-/tPfeir authorized capacity(fes), and that by his/lWtl^r signature{^ on the instrument the person(^ or the entity upon behalf of which the person(*).,acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my/fiknd and official seal. Place Notary Seal Above Signature: OPTIONAL — Signal Though the information below is not required by law, it may prove valuable to personk[e}i/ing on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document, Title or Type of Document: _ _ _ Document Date: _ Number of Pages:. Signer(s) Other Than Nair If removal ana reanacnmem or inis rorm ro anoiner aucuineni. kbove: Capacity(ies) Claimed by Signer(s) Signer's Name: • Corporate Officer — Title(s): • Individual • Partner — • Umited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: • Corporate Officer — Title(s): • Individual • Partner — • Umited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here © 2010 National Notary Association • NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) I 1 j CALIFORNIA j 1 ALL-PURPOSE ACKNOWLEDGEMENT | i ^ State of California ^ I. i ^ County of Orange | I Qn JUL 8 S 2014 beforeme. Adelaide C. Hunter, Notary Public | ^ (insert name and title of the officer) ^ I personally appeared Matthew J. CoatS , | ^ who proved to me on the basis of satisfactory evidence to be the personfs) whose name(s) is/ttre ^ ^ subscribed to the within instrument and acknowledged to me that he/she/they executed the ^ ^ same in his/her/their authorized capacity(ic^, and that by his/her/their signature(s) on the ^ ^ instrument the personfs), or the entity upon behalf of which the personfs) acted, executed the ^ ^ instrument. ^ i 1 I I certify under PENALTY OF PERJURY under the laws ofthe State of CaUfornia that the | ^ foregoing paragraph is true and correct. ^ ^. llirf'T<TV7T?CC 1 J_„J_i3r_- 1 1 ^ I WITNESS my hand and official seal. ^ ^ IB •••^••••f ^ ^ ADELAIDE 0. HUNTER I ^ ^ 1 Commission # 1994447 | ^ P /I i y^^" i^^^P ^""'"'^' - I Signature Aitv^^^^ J^^^My Comm.Txpi^es°Oct^9, 20i6» ^ ' ——— "• "11 "•'"'^ I Signature /-|-t J "^^^My Comm.'ExpireVoct i9, 2016» | 1607 PHILADELPHIA INDEMNITY INSURANCE COMPANY , , . 231 St. Asaph's Rd., Suite 100 Bala Cynwyd, PA 19004-0950 Power of Attorney •'^"TCNOW ALL PERSONS BY THESE PRESENTS: that PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws ofthe Commonwealth of Pennsylvania, does hereby constitute and appoint: Linda D. CoatS and MattheW J. COBtS Of COBtS Surety Insurance Services, Inc. Its trae and lawful Attorney(s) in fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $25,000,000.00 This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY at a meeting duly called the T day of July, 2011. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) Appoint Attomey(s) in Fact and authorize the Attomey(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attomey-in-Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signamres of such officers and the seal of the Company may be affixed to any such Power of Attomey or certificate relating thereto by facsimile, and any such Power of Attomey so executed and certified by facsimile signatures and facsimile seal shall be valid and biding upon the Company in the futtire with the respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 7™ DAY OF FEBRUARY 2013. (Seal) 5; 1927 =S| 1 4 ••. Robert D. O'Leary Jr., President & CEO Philadelphia Indemnity Insurance Company On this 7* day of Febniary 2013, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly swom said that he is the therein described and authorized officer ofthe PHILADELPHLV INDEMNITY INSURANCE COMPANY; that the seal affixed to said instramem is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. HOftMWtSEtt-^^ owia^poRAmMoteyi^!* Notary Public: (Notary Seal) residing at: My commission expires: Bala Cvnwvd. PA March 22. 2016 I, Craig P. Keller, Executive Vice President, Chief Financial Officer and Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do herby certify that the foregoing resolution ofthe Board of Directors and this Power of Attorney issued pursuant thereto are true and conect and are still in full force and effect. I do further certify that Robert D. O'Leary Jr., who executed the Power of Attorney as President, was on the date of execution ofthe attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this II •: 1927 jSj \%'' '"(ic--* Craig P. Keller, Executive Vice President, Chief Financial Officer & Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY Bond No.: PB 115104 00341 Prenium: $46,997.00 **Preinium based on final con1:ract amount.** FAITHFUL PERFORMANCE/WARRANTY BOND WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. 2014-184 adopted July 22, 2014, has awarded to Keeton Construction Company, (hereinafter designated as the "Principal"), a Contract for: FIRE STATION 3 CONTRACT NO. 4003 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, Keeton Construction Company, as Principal, (hereinafter designated as the "Contractor"), and Philadelphia Indemnity Insurance Conpany ^ as Surety, are held and firmly bound unto the City of Carlsbad, in the sum of FIVE MILLION EIGHT HUNDRED SEVENTEEN THOUSAND DOLLARS (5,817,000), said sum being equal to one hundred percent (100%) of the estimated amount of the Contract, to be paid to City or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, their heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the Contract and any alteration thereof made as therein provided on their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Carlsbad, its officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed there under or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. Revised 1/30/13 Contract No. 4003 Page 32 of 102 Pages Bond No.: PB 115104 00341 In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this day of. CONTRACTOR: Keeton Construction Co., Inc. (name of Contractor) (print name here) (Title and Organization of Signatory) By: (sign here) (print name here) Executed by SURETY this July SURETY: Philadelphia Indemnity Insurance Ccampany 29th . day of _, 20jA (name of Surety) 251 S. Lake Ave., Suite 360 Pasadena, CA 91101 (address of Surety) (626)639-1321 (telephone number of Surety) By: ^^rz^ (signature of Arorney-in-Fact) Matthew J. Coats (printed name of Attorney-in-Fact) (Attach corporate resolution showing current power of attorney.) (Title and Organization of signatory) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: CELIA A. BREWER City Attorney By: Assistant City Attorney Revised 1/30/13 Contract No. 4003 Page 33 of 102 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 California of /O^iA ItOijf) State of Califorriia County On before me S)f^/=^rfr -^tfKjm] Uorm (i)^(L. "riere Insert Name and Title of the Officer T personally appeared Name(s) of Signer(s) * " ift.riltiilltinlt ilfcati III ROBERTO.JOHNSON Commission # 2008084 Notary Public - California San Oiego County 2 MyComm. Expires Feb 18 20171 "» i t • • P t B ^1 y ^ who proved to me on the basis of satisfactory evidence to be the person"^) whose name^S) isTStue subscribed to the within instrument and acknowledged to me that he/^/Wy executed the same in his7her/?h^r authorized capacity(i^), and that by his/hsyythsir signature(^ on the instrument the person(^ or the entity upon behalf of which the person'tH 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^and and official seal. Place Notary Seal Above Signature: i OPTIONAL - Signature of Ijfotary PuDTic Though the information below is not required by law, it may prove valuable to personSirgJfing on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Docur Title or Type of Document: . Document Date: _ Mt Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: • Corporate Officer — Title(s): • Individual • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing: Signer's Name: • Corporate Officer — Title{s): • Individual • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: RIGHTTHUMBPRINT OF SIGNER Top of thumb here ) 2010 National Notary Association . NationalNotary.org . 1-800-US NOTARY (1-800-876-6827) Item #5907 ^ CALIFORNIA ^ I I certify under PENALTY OF PERJURY under the laws of the State of California that the | ^ foregoing paragraph is true and correct. ^ I i I WITNESS my hand and official seal. | ^ 4 ADEUIDE C. HUNTER i g « 1 Commission # 1994447 I ^ ^ A I / 1^^^^ Notary Public - Calitornia | I ALL-PURPOSE ACKNOWLEDGEMENT 1 I i I i :^ State of California % I I I County of Orange | I Q„ JUL 19 2014 before me, Adelaide C. Hunter, Notary Public | ^ (insert name and title of the officer) ^ I personally appeared Matthew J • CoatS , | ^ who proved to me on the basis of satisfactory evidence to be the personfs) whose name(s) is/arc ^ ^ subscribed to the within instrument and acknowledged to me that he/she/they executed the ^ ^ same in his/lier/their authorized capacityftcs), and that by his/hcr/thcir signature(s) on the ^ ^ ^ J — — ^ instrument the personfs), or the entity upon behalf of which the personfs) acted, executed the ^ % instrument. % 1 Signature /l.-HvtA^ J W^My Comm°.'Sre?Sl9, aoiel | 1608 • . . . PHILADELPHIA INDEMNITY INSURANCE COMPANY 231 St. Asaph's Rd., Suite 100 Bala Cynwyd, PA 19004-0950 ,»^" . Power of Attorney ''^"ICNOW ALL PERSONS BY THESE PRESENTS: that PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing underthe laws ofthe Commonwealth of Pennsylvania, does hereby constitute and appoint: Linda D. CoatS and Matthew J. CoatS of CoatS Surety Insurance Services, Inc. Its true and lawful Attomey(s) in fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $25.000.000.00 This Power of Attomey is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY at a meeting duly called the l"* day of July, 2011. RESOLVED: That the Board of Directors hereby authorizes the President or,,any Vice President of the Company to: (1) Appoint Attomey(s) in Fact and authorize the Attomey(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attomey-in-Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attomey or certificate relating thereto by facsimile, and any such Power of Attomey so executed and certified by facsimile signatures and facsimile seal shall be valid and biding upon the Company in the future with the respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 7™ DAY OF FEBRUARY 2013. (Seal) Vv- -"4/ Robert D. O'Leary Jr., President & CEO Philadelphia Indemnity Insurance Company On this 7* day of February 2013, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly swom said that he is the therein described and authorized officer ofthe PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. N(niKRm.8E«. DANEUEPORMH NataryPuHe UMMrMHionT ' njim I n, nwy ruMv Notary Public; (Notary Seal) residing at: My commission expires: Bala Cvnwvd. PA March 22. 2016 I, Craig P. Keller, Executive Vice President, Chief Financial Officer and Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do herby certify that the foregoing resolution ofthe Board of Directors and this Power of Attorney issued pursuant thereto are true and correct and are still in fiill force and effect. I do further certify that Robert D. O'Leary Jr., who executed the Power of Attomey as President, was on the date of execution ofthe attached Power of Attomey the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this of -J ^7 20 -^y. Craig P. Keller, Executive Vice President, Chief Financial Officer & Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY 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, Califomia, 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 Califomia, the Contractor has the option to deposit securities with the Escrow Agent as a substitute for retention earnings required to be withheld by the City pursuant to the Construction Contract entered into between the City and Contractor for FIRE STATION 3 CONTRACT NO. 4003 in the amount of dated (hereinafter referred to as the "Contract") Alternatively, on written request of the Contractor, the City shall make payments ot the retention eamings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract eamings, the Escrow Agent shall notify the City within 10 days of the deposit. The Escrow Agent shall maintain insurance to cover negligent acts and omissions of the Escrow Agent in connection with the handling of retentions under these sections in an amount not less than $100 000 per contract. The market value of the securities at the time of the substitution shall be a least'equal to the cash amount then required to be withheld as retention under the terms of the contract between the City and Contractor. Securities shall be held in the name of the City and shall designate the Contractor as the beneficial owner. 2 The City shall make progress payments to the Contractor for such funds which 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 Aqent 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 secunties. 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 eamed on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the City. Revised 1/30/13 Contract No. 4003 Page 34 of 102 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 FINANCE DIRECTOR Name For Contractor: Signature Address 1635 Faradav Avenue. Cartsbad. CA 92008 Title Name For Escrow Agent: Signature Address _ Title Name Signature Address _ At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. Revised 1/30/13 Contract No. 4003 Page 35 of 102 Pages IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. For City: Title MAYOR Name Signature Address 1200 Carlsbad Villaae Drive. Carlsbad. CA 92008 For Contractor: Title Name Signature Address _ For Escrow Agent: Title Name Signature Address _ Revised 1/30/13 Contract No. 4003 Page 36 of 102 Pages GENERAL PROVISIONS FOR FIRE STATION 3 CONTRACT NO. 4003 CITY OF CARLSBAD BIDDERS ARE ADVISED THAT THIS SECTION REPLACES PART 1, GENERAL PROVISIONS, OF THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION SECTION 1 - TERMS, DEFINITIONS, ABBREVIATIONS, AND SYMBOLS 1-1 TERMS - Unless othenwise stated, the words directed, required, permitted, ordered, instructed, designated, considered necessary, prescribed, approved, acceptable, satisfactory, or words of like meaning, refer to actions, expressions, and prerogatives ofthe Engineer. 1-1.1 Reference to Drawings. Where words "shown", "indicated", "detailed", "noted", "scheduled", or words of similar import are used, it shall be understood that reference is made to the plans accompanying these provisions, unless stated 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 understood 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 otherwise stated. Where the words "approved", "approval", "acceptance", or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Engineer is intended. 1-1.4 Perform. The word "perform" shall be understood to mean that the Contractor, at its expense, shall perform all operations, labor, tools and equipment, and further, including the furnishing and installing of materials that are indicated, specified or required to mean that the Contractor, at its expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools, equipment, and transportation. 1-2 Definitions. The following words, or groups of words, shall be exclusively defined by the definitions assigned to them herein. 0 Revised 11/24/10 Contract No. 4003 Page 37 of 102 Addendum - Written or graphic instrument issued prior to the opening of Bids which clarifies, corrects, or changes the bidding or Contract Documents. The term Addendum shall include bulletins and all other types of written notices issued to potential bidders prior to opening of Bids. Agency - The City of 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 Carlsbad or the Board of Directors of Carlsbad Municipal Water District. Bond - Bid, performance, and payment bond or other instrument of security. City Council - the City Council of the City of Carisbad. City Manager - the City Manager of the City of Carlsbad or his/her approved representative. Cash Contract - A Contract financed by means other than special assessments. Change Order - A written order to the Contractor signed by the Agency directing an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract time issued atter the effective date of the Contract. A Change Order may or may not also be signed by the Contractor. Code - The terms Govemment Code, Labor Code, etc., refer to codes of the State of California. Construction Manager- the Project Inspector's immediate supervisor and first level of appeal for informal dispute resolution. Contract - The written agreement between the Agency and the Contractor covering the Work. Contract Documents - Including but not limited to; the Contract, any Addendum (which pertain to the contract documents). Notice Inviting Bids, Instructions to Bidders; Bid (including documentation accompanying the Bid and any post-bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Contract, the Bonds, the General Provisions, permits from other agencies, the Technical Specifications, the Supplemental Provisions', the Plans, Standard Plans, Standard Specifications, Reference Specifications, and all Modifications issued after the execution of the Contract. Revised 11/24/10 Contract No. 4003 Page 38 of 102 Contractor - The individual, partnership, corporation, joint venture, or other legal entity having a Contract with the Agency to perform the Work. In the case of work being done under permit issued by the Agency the permittee shall be constructed to be the Contractor. The term "prime contractor" shall mean Contractor. Contract Price - The total amount of money for which the Contract is awarded. Contract Unit Price - The amount stated in the Bid for a single unit of an item of work. County Sealer - The Sealer of Weights and Measures of the county in which the Contract is let. Days - Days shall mean consecutive calendar's days unless otherwise specified. 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 Carisbad Municipal Water District, to hear and advise the City Manager on claims submitted by the Contractor. The City Manager for the City of Carlsbad or the Executive Manager for the Carisbad Municipal Water District is the last appeal level for informal dispute resolution. Electrolier - Street light assembly complete, including foundation, standard, luminaire arm, luminaire, etc. Engineer - The City Engineer of the City of Carisbad or his/her approved representative. The Engineer is the third level of appeal for informal dispute resolution. Geotextile - Synthetic fiber used in civil engineering applications, serving the primary functions of separation and filtration. House Connection Sewer - A sewer, within a public street or right-of-way, proposed to connect any parcel, lot, or part of a lot with a mainline sewer. House Sewer - A sewer, wholly within private property, proposed to connect any building to a house connection sewer. Luminaire - The lamp housing including the optical and socket assemblies (and ballast if so specified). Luminaire Arm - The structural member, bracket, or mast arm, which, mounted on the standard, supports the luminaire. Minor Bid Item - A single contract item constituting less than 10 percent (10%) of the original Contract Price bid. Modification - Includes Change Orders and Supplemental Agreements. A Modification may only be used after the effective date of the Contract. Notice of Award - The written notice by the Agency to the successful Bidder stating that upon compliance by it with the required conditions, the Agency will execute the Contract. Revised 11 /24/10 Contract No. 4003 Page 39 of 102 Notice to Proceed - A written notice given by the Agency to the Contractor fixing the date on which the Contract time will start. Own Organization - When used in Section 2-3.1 - Employees of the Contractor who are hired, directed supervised and paid by the Contractor to accomplish the completion of the Work. Further'such employees have their employment taxes. State disability insurance payments. State and Federal income taxes paid and administered, as applicable, by the Contractor. When used in Section 2-3.1 "own organization" means construction equipment that the Contractor owns or leases and uses to accomplish the Work. Equipment that is owner operated or leased equipment with an operator is not part of the Contractor's Own Organization and will not be included for the purpose of compliance with Section 2-3.1. Person - Any individual, firm, association, partnership, corporation, trust, joint venture, or other legal entity. Plans - The drawings, profiles, cross sections, working drawings, and supplemental drawings, or reproductions thereof, approved by the Engineer, which show the location, character, dimensions, or details of the Work. Private Contract - Work subject to Agency inspection, control, and approval, involving private funds, not administered by the Agency. Project Inspector - The Engineer's designated representative for inspection, contract administration and first level for informal dispute resolution. Proposal - See Bid. Reference Specifications - Those bulletins, standards, rules, methods of analysis or test, codes and specifications of other agencies, engineering societies, or industrial associations referred to in the Contract Documents. These refer to the latest edition, including amendments in effect and published at the time of advertising the project or issuing the permit, unless specifically referred to by edition, volume, or date. Roadway - The portion of a street reserved for vehicular use. Service Connection - Service connections are all or any portion of the conduit, cable, or duct, including meter, between a utility distribution line and an individual consumer. Sewer - Any conduit intended for the reception and transfer of sewage and fluid industrial waste. Specifications - General Provisions, Standard Specifications, Technical Specifications, Reference Specifications, Supplemental Provisions, and specifications in Supplemental Agreements between the Contractor and the Board. Standard - The shaft or pole used to support street lighting luminaire, traffic signal heads, mast arms, etc. Standard Plans - Details of standard structures, devices, or instructions referred to on the Plans or in Specifications by title or number. Standard Specifications - The Standard Specifications for Public Works Construction (SSPWC), the "Greenbook". Revised 11/24/10 Contract No. 4003 Page 40 of 102 State - State of California. Storm Drain - Any conduit and appurtenances intended for the reception and transfer of storm water. Street - Any road, highway, parkway, freeway, alley, walk, or way. Subbase - A layer of specified material of planned thickness between a base and the subgrade. Subcontractor - An individual, firm, or corporation having a direct contract with the Contractor or with any other Subcontractor for the performance of a part of the Work. Subgrade - For roadways, that portion of the roadbed on which pavement, surfacing, base, subbase, or a layer of other material is placed. For structures, the soil prepared to support a structure. Supervision - Supervision, where used to indicate supervision by the Engineer, shall mean the performance of obligations, and the exercise of rights, specifically imposed upon and granted to the Agency in becoming a party to the Contract. Except as specifically stated herein, supervision by the Agency shall not mean active and direct superintendence of details of the Work. Supplemental Agreement - A written amendment of the Contract Documents signed by both parties. Supplemental Provisions - Additions and revisions to the Standard Specifications setting forth conditions and requirements peculiar to the work. Surety - Any individual, firm, or corporation, bound with and for the Contractor for the acceptable performance, execution, and completion of the Work, and for the satisfaction of all obligations incurred. Tonne - Also referred to as "metric ton". Represents a unit of measure in the International System of Units equal to 1,000 kilograms. Utility - Tracks, overhead or underground wires, pipeline, conduits, ducts, or structures, sewers, or storm drains owned, operated, or maintained in or across a public right of way or private easement. Work - That which is proposed to be constructed or done under the Contract or permit, including the furnishing of all labor, materials, equipment, and services. 1-3 ABBREVIATIONS 1 -3.1 General. The abbreviation herein, together with others in general use, are applicable to these Standard Specifications and to project Plans or other Contract Documents. All abbreviations and symbols used on Plans for structural steel construction shall conform to those given bythe "Manual of Steel Construction" published bythe American Institute of Steel Construction, Inc. Revised 11 /24/10 Contract No. 4003 Page 41 of 102 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 curve B/W Back of wall C/C Center to center CAB Crushed aggregate base CAL/OSHA California Occupational Safety and Health Administration CalTrans California Department of Transportation CAP Corrugated aluminum pipe CB Catch Basin Cb Curb CBP Catch Basin Connection Pipe CBR California Bearing Ratio CCR California Code of Regulations CCTV Closed Circuit TV CES Carlsbad Engineering Standards CF Curb face CF Cubic foot C&G Curt3 and gutter CFR Code of Federal Regulations CFS Cubic Feet per Second CIP Cast iron pipe CIPP Cast-in place pipe CL Clearance, center line CLF Chain link fence CMB Crushed miscellaneous base CMC Cement mortar-coated CML Cement mortar-lined CMWD Carlsbad Municipal Water District CO Cleanout (Sewer) COL Column COMM Commercial CONC Concrete CONN Connection CONST Construct, Construction COORD Coordinate CSP Corrugated steel pipe CSD Carlsbad Standard Drawings CTB Cement treated base CV Check valve CY Cubic yard D Load of pipe (JB Decibels DBL Double DF Douglas fir DIA Diameter DIP Ductile iron pipe DL Dead load DR Dimension Ratio DT Drain Tile DWG Drawing DWY Driveway DWY APPR Driveway approach E Electric EA Each EC End of curve ECR End of curb return EF Each face EG Edge of gutter EGL Energy grade line El Elevation ELC Electrolier lighting conduit ELT Extra long ton ENGR Engineer, Engineering EP Edge of pavement ESMT Easement ETB Emulsion-treated base EVC End of vertical curb EWA Encina Wastewater Authority EXC Excavation EXP JT Expansion joint EXST Existing F Fahrenheit F&C Frame and cover F&l Furnish and install FAB Fabricate FAS Flashing arrow sign FD Floor drain FDN Foundation 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 Revised 11/24/10 Contract No. 4003 Page 42 of 102 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 MAI NT Maintenance MAX Maximum MCR Middle of curb retum MEAS Measure MH Manhole, maintenance hole MIL SPEC Military specification MISC Miscellaneous MOD Modified, modify MON Monument MSL ..Mean Sea Level (Reg. Standard Drawing M-12) MTBM Microtunneling Boring Machine MULT Multiple MUTCD Manual on Uniform Traffic Control Devices MVL Mercury vapor light NCTD North County Transit District NRCP Nonreinforced concrete pipe OBS Obsolete OC On center OD Outside diameter OE Outer edge OHE Overhead Electric OMWD Olivenhain Municipal Water District OPP Opposite ORIG Original PB Pull box PC Point of curvature PCC Portland cement concrete or point of compound curvature PCVC Point of compound vertical curve PE Polyethylene PI Point of intersection PL Property line PMB Processed miscellaneous base POC Point on curve POT Point on tangent PP Power pole PRC Point of reverse curve PRVC Point of reverse vertical curve PSI Pounds per square inch PT Point of tangency PVC Polyvinyl chloride PVMT Pavement PVT R/W Private right-of-way 0 Rate of flow in cubic feet per second QUAD Quadrangle, Quadrant R Radius R&O Rock and oil R/W Right-of-way RA Recycling agent RAC Recycled asphalt concrete RAP Reclaimed asphalt pavement RBAC Rubberized asphalt concrete RC Reinforced concrete RGB Reinforced concrete box RCE Registered civil engineer RCP Reinforced concrete pipe RCV Remote control valve REF Reference REINF Reinforced or reinforcement RES Reservoir RGE Registered geotechnical engineer ROW Right-of-Way RR Railroad RSE Registered structural engineer RTE Registered traffic engineer S Sewer or Slope, as applicable SCCP Steel cylinder concrete pipe SD Storm drain SDNR San Diego Northem Railway SDR Standard thermoplastic pipe dimension ratio (ratio of pipe O.D. to minimum wall thickness) SDRSD San Diego Regional Standard Drawings SE Sand Equivalent SEC Section SF Square foot SFM Sewer Force Main SI International System of Units (Metric) SPEC Specifications SPPWC Standard Plans for Public Works Construction SSPWC Standard Specifications for Public Works Construction ST HWY State highway STA Station STD Standard STR Straight STR GR Straight grade STRUC Structural/Structure SW Sidewalk SWD Sidewalk drain SY Square yard T Telephone TAN Tangent TC Topof curb TEL Telephone TF Top of footing 0 Revised 11/24/10 Contract No. 4003 Page 43 of 102 TOPO Topography JR 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 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 Cross section Revised 11/24/10 Contract No. 4003 Page 44 of 102 1-3.3 Institutions. Abbreviation Word or Words AASHTO American Association of State Highway and Transportation Officials AISC American Institute of Steel Construction ANSI ."".".. American National Standards Institute API American Petroleum Institute AREA American Railway Engineering Association ASTM American Society for Testing and Materials AWPA"! American Wood Preservers Association AWS....'..""" American Welding Society AWWA American Water Works Association FHWA....". Federal Highway Administration QRI Geosynthetic Research Institute NEMA National Electrical Manufacturers Association NOAA National Oceanic and Atmospheric Administration (Dept. of Commerce) UL Undenwriters' Laboratories Inc. USGs Z......... United States Geological Survey Revised 11 /24/10 Contract No. 4003 Page 45 of 102 1 -4 UNITS OF MEASURE. 1-4.1 General. U.S. Standard Measures, also called U.S. Customary System, are the principal measurement system in these specifications. However, certain material specifications and test requirements contained herein use SI units specifically and conversions to U.S. Standard Measures may or may not have been included in these circumstances. When U.S. Standard Measures are not included in parenthesis, then the SI units shall control. S.l. units and U.S. Standard Measures in parenthesis may or may not be exactly equivalent. Reference is also made to ASTM E 380 for definitions of various units of the SI system and a more extensive set of conversion factors. 1 -4.2 Units of Measure and Their Abbreviations. us. Customary Unit (EqualTo) Sl Unit fAbbrevlatlonsT^ (Abbreviations) 1 mil (=0.001 in).... 25.4 micrometer (^im) 1 inrh nn^ 25.4 millimeter (mm) \ nrh n{ 2.54 centimeter (cm) ]tSM:::::::::z^^^^^^ o.3048 meter (n^ varffl 0.9144 meter (m) mi P (mi 1 -6093 kilometer (km) 1 sZare foot m^i 0.0929 square meter (m^) 1 Sri vard 0.8361 square meter m^ ffifoWr:::::::::::: 0.0233 cubic meter (m3| cub c vard & 0.7646 cubic meter 1 cub^c yard (ya ) ^^^^^ ^^^^^^^ ^^^^v ToS (=2000 fc 0.9072 Tonne (= 907 kg) .| pQjg^ 0.1 pascal second (Pa s) 1 Gentistoke (csr."""""'""""^ •> square millimeters per ^ ' second (mm^/sj 1 Dound force (Ibf) 4.4482 Newton (N) 1 pounds per squareinch (psi) 6.8948 Kilopascal (kPa) 1 pound force per foot (Ibf/fi) 1 -4594 Newton per ^ meter (N/m) 1 foot-pound force (ft-lbf) 1 -3558 Joules (J) 1 foot-pound force per second ([ft-lbf]/s) 1 -3558 Watt (W 1 part per million (ppm) 1 milligram/liter (mg/L) Temperature Units and Abbreviations Degree Fahrenheit ("F): Degree Celsius (°C): °F = (1.8x°C) + 32 C = ( 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. 4003 Page 46 of 102 Common Metric Prefixes kilo(k).. 0^ centi to IOJ milli (m) 10 ^ micro {\i) ^JO nano (n) IOJ nif^f^ (n\ 10-^^ pico (p) 1-5 SYMBOLS A Delta, the central angle or angle between tangents Z Angle % Percent Feet or minutes Inches or seconds 1 Number / per or (between words) ° Degree PL Property line CL Centeriine SL Survey line or station line Revised 11 /24/10 Contract No. 4003 Page 47 of 102 SECTION 2 - SCOPE AND CONTROL OF WORK 2-1 AWARD AND EXECUTION OF CONTRACT. Award and execution of Contract will be as provided for in the Specifications, Instruction to Bidders, or Notice Inviting Bids. 2-2 ASSIGNMENT. No Contract or portion thereof may be assigned without consent of the Board, except that the Contractor may assign money due or which will accrue to it under the Contract. If given written notice, such assignment will be recognized by the Board to the extent permitted by law. Any assignment of money shall be subject to all proper withholdings in favor of the Agency and to all deductions provided for in the Contract. All money withheld, whether assigned or not, shall be subject to being used by the Agency for completion of the Work, should the Contractor be in default. 2-3 SUBCONTRACTS. 2-3.1 General. Each Bidder shall comply with the Chapter of the Public Contract Code including Sections 4100 through 4113. The following excerpts or summaries of some of the requirements of this Chapter are included below for information: The Bidder shall set forth in the Bid, as provided in 4104: "(a) The name and location of the place of business of each subcontractor who will perform work or labor or render sen/ice to the prime contractor in or about the con- struction of the work or improvements, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings 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 procedures established in Section 4107.5. This section provides procedures to correct a clerical error in the listing of a Subcontractor. Section 4110 provides that a Contractor violating any of the provisions of the Chapter violates the Contract and the Board may exercise the option either to cancel the Contract or assess the Contractor a penalty in an amount of not more than 10 percent of the subcontract involved, after a public hearing. 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. Revised 11/24/10 Contract No. 4003 Page 48 of 102 2-3.3 Status of Subcontractors. Subcontractors shall be considered employees of the Contractor, and the Contractor shall be responsible for their work. 2-4 CONTRACT BONDS. Before execution of the Contract, the Bidder shall file surety bonds with the Agency to be approved by the Board in the amounts and for the purposes noted below. Bonds issued by a surety, who is authorized to issue bonds in California, and whose bonding limitation shown in said circular is sufficient to provide bonds in the amount required by the Contract shall be deemed to be approved unless specifically rejected by the Agency. Bonds from all other sureties shall be accompanied by all of the documents enumerated in Code of Civil Procedure 995.660 (a). The Bidder shall pay all bond premiums, costs, and incidentals. Each bond shall incorporate, by reference, the Contract and be signed by both the Bidder and Surety and the signature of the authorized agent of the Surety shall be notarized. The Contractor shall provide a faithful performance/warranty bond and payment bond (labor and materials bond) for this contract. The faithful performance/warranty bond shall be in a sum not less than one hundred percent of the total amount payable by the terms of this contract. The Contractor shall provide bonds to secure payment of laborers and materials suppliers in a sum not less than one hundred percent of the total amount payable by the terms of this contract. Both bonds shall extend in full force and effect and be retained by the Agency during this project until they are released according to the provisions of this section. The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 days after recordation of the Notice of Completion and will remain in full force and effect for the one year warranty period and until all warranty repairs are completed to the satisfaction of the Engineer The bonds to secure payment of laborers and materials suppliers shall be released six months plus 30 days after recordation of the Notice of Completion if all claims have been paid. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the following documents: 1) An original, or a certified copy of the un-revoked appointment, power of attorney by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of the insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the execution of the bond. The financial statement shall be made by an officer's certificate as defined in Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may be verified by the oath of the principal officer or manager residing within the United States. Should any bond become insufficient, the Contractor shall renew the bond within 10 days after receiving notice from the Agency. Should any Surety at any time be unsatisfactory to the Board, notice will be given the Contractor to that effect. No further payments shall be deemed due or will be made under the contract until a new Surety shall qualify and be accepted by the Board. Changes in the Work or extensions of time, made pursuant to the Contract, shall in no way release the Contractor or Surety from its obligations. Notice of such changes or extensions shall be waived by the Surety. Revised 11/24/10 Contract No. 4003 Page 49 of 102 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, Technical Specifications, and Carisbad Engineering Standards (CES). The construction plans consist of one set. The set is designated as City of Carlsbad Drawing No. 463-1 and consists of 248 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 Carisbad Standard Drawings, as issued by the City of Carisbad and the Carisbad Municipal Water District, hereinafter designated as CES and CSD, respectively Copies of some of the pertinent standard drawings are enclosed as an appendix to these General Provisions. The Plans Specifications, and other Contract Documents shall govem the Work. The Contract Documents are intended to be complementary and cooperative. Anything specified in the Specifications and not shown on the Plans, or shown on the Plans and not specified in the Specifications, shall be as though shown on or specified in both. The Plans shall be supplemented by such working drawings and shop drawings as are necessary to adequately control the Work. The Contractor shall ascertain the existence of any conditions affecting the cost of the Work through a reasonable examination of the Work site prior to submitting the Bid. Existing improvements visible at the Work site, for which no specific disposition is made on the Plans, but which interfere with the completion of the Work, shall be removed and disposed of by the Contractor. The Contractor shall, upon discovering any error or omission in the Plans or Specifications, immediately call it to the attention of the Engineer. 2-5 2 Precedence of Contract Documents. If there is a conflict between Contract Documents, the document highest in precedence shall control. The precedence shall be the most recent edition of the following documents listed in order of highest to lowest precedence: 1) Permits from other agencies as may be required by law. 2) Change orders, whichever occurs last. 3) Contract addenda, whichever occurs last. 4) Contract 5) Carlsbad General Provisions 6) Technical Specifications 7) Plans. 8) Standards plans. a) City of Carlsbad Standard Drawings. b) Carisbad Municipal Water District Standard Drawings. c) City of Carisbad modifications to the San Diego Area Regional Standard Drawings. d) San Diego Area Regional Standard Drawings. e) Traffic Signal Design Guidelines and Standards. f) State of California Department of Transportation Standard Plans. g) State of California Department of Transportation Standard Specifications. h) California Manual on Uniform Traffic Control Devices (CA MUTCD). 9) Standard Specifications for Public Works Construction, as amended. /\ W Revised 11/24/10 Contract No. 4003 Page 50 of 102 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 10) 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 Technical Specifications, or when requested by the Engineer. Materials shall neither be fumished nor fabricated, nor shall any work for which submittals are required by performed, before the required submittals have been reviewed and accepted by the Engineer Neither review nor acceptance of submittals by the Engineer shall relieve the Contractor from responsibility for errors, omissions, or deviations from the Contract Documents, unless such deviations were specifically called to the attention of the Engineer in the letter of transmittal. The Contractor shall be responsible for the correctness of the submittals. The Contractor shall allow a minimum of 20 working days for review of submittals unless othenwise specified. Each submittal shall be accompanied by a letter of transmittal. Each submittal shall be consecutively numbered. Resubmittals shall be labeled with the number of the original submittal followed by an ascending alphabetical designation (e.g. The label '4-C' would indicate the third instance that the fourth submittal had been given to the Engineer). Each sheet of each submittal shall be consecutively numbered. Each set of shop drawings and submittals shall be accompanied by a letter of transmittal on the Contractor's letterhead. The Letter of Transmittal shall contain the following: 1) Project title and Agency contract number. 2) Number of complete sets. 3) Contractor's certification statement. 4) Specification section number(s) pertaining to material submitted for review. ^ • . * 5) Submittal number (Submittal numbers shall be consecutive including subsequent submittals for the same materials.) 6) Description of the contents of the submittal. 7) Identification of deviations from the contract documents. When submitted for the Engineer's review. Shop Drawings shall bear the Contractor's certification that the Contractor has reviewed, checked, and approved the Shop Drawings and that they are in conformance with the requirements of the Contract Documents. The Contractor shall subscnbe to and shall place the following certification on all submittals: 0 Revised 11/24/10 Contract No. 4003 Page 51 of 102 "I hereby certify that the (equipment, material) shown and marked in this submittal is that proposed to be incorporated into this Project, is in compliance with the Contract Documents, can be installed in the allocated spaces, and is submitted for approval." By: Title: Date: Company Name: ^ 2-5 3 2 Working Drawings. Working drawings are drawings showing details not shown on the Plans which are required to be designed by the Contractor. Working drawings shall be of a size and scale to clearly show all necessary details. Six copies and one reproducible shall be submitted. If no revisions are required, three of the copies will be retumed to the Contractor. If revisions are required, the Engineer will retum one copy along with the reproducible for resubmission. Upon acceptance, the Engineer will retum two of the copies to the Contractor and retain the remaining copies and the reproducible. Working drawings are required in the following sections: TABLE 2-5.3.2 (A) Item Section Number Title 1 7-10.4.1 Safety Orders 2 207-2.5 Joints 3 207-8.4 Joints 4 207-10.2.1 General 5 300-3.2 Cofferdams 6 303-1.6.1 General 7 303-1.7.1 General 8 303-3.1 General 9 304-1.1.1 Shop Drawings 10 304-1.1.2 Falsework Plans 11 304-2.1 General 12 306-2.1 General 13 306-3.1 General 14 306-3.4 Tunnel Supports 15 306-6 Remodeling Existing Sewer Facilities 16 306-8 Microtunneling 17 307-4.3 Controller Cabinet Wirinq Diagrams Subject Trench Shoring Reinforced Concrete Pipe Vitrified Clay Pipe Fabricated Steel Pipe Structure Excavation & Backfill Falsework Placing Reinforcement Prestressed Concrete Construction Structural Steel Structural Steel Metal Hand Railings Jacking Operations Tunneling Operations Tunneling Operations Polyethylene Liner Installation Microtunneling Operations Traffic Signal Construction Working drawings listed above as Items 5, 6, 8, 9, 10,12, 13, 14 and 16 shall be prepared by a Civil or Structural Engineer registered by the State of California. 2-5 3 3 Shop Drawings. Shop drawings are drawings showing details of manufactured or assembled products proposed to be incorporated into the Work. Shop drawings required shall be as specified in the Technical Specifications. 2-5 3 4 Supporting Information. Supporting information is information required by the Specifications for the purposes of administration of the Contract, analysis for venfication of conformance with the Specifications, the operation and maintenance of a manufactured product or system to be constructed as part of the Work, and other information as may be required by the Engineer Six copies of the supporting information shall be submitted to the Engineer prior to the start of the Work unless othenwise specified in the Special Provisions or directed by the Engineer. Supporting information for systems shall be bound together and include all manufactured items for Revised 11/24/10 Contract No. 4003 Page 52 of 102 the system. If resubmittal is not required, three copies will be returned to the Contractor. Supporting information shall consist of the following and is required unless othenwise specified: 1) List of Subcontractors per 2-3.2. 2) List of Materials per 4-1.4. 3) Certifications per 4-1.5. 4) Construction Schedule per 6-1. 5) Confined Space Entry Program per 7-10.4.4. 6) Concrete mix designs per Technical Specifications Section 02751 Cement Concrete Pavement, and Section 03300 Cast-ln-Place Concrete, as applicable. 7) Asphalt concrete mix designs per Greenbook Section 203-6.2. 8 Data including, but not limited to, catalog sheets, manufacturer's brochures, technical bulletins, specifications, diagrams, product samples, and other information necessary to describe a system, product or item. This information is required for irrigation systems, street lighting systems, and traffic signals, and may also be required for any product, manufactured item, or system. 2-5.4 RECORD DRAWINGS. The Contractor shall provide and keep up-to-date a complete "as- built" record set of blue-line prints, which shall be corrected in red daily and show every change from the original drawings and specifications and the exact "as-built" locations, sizes and kinds of equipment, underground piping, valves, and all other work not visible at surface grade. Prints for this purpose may be obtained from the Agency at cost. This set of drawings shall be kept on the job and shall be used only as a record set and shall, at the conclusion of the project, be sent to the Architect of Record for revisions to the original CAD files. Cad and PDF files shall be delivered to the Engineer within thirty (30) days of completion of the work. Payment for performing the work required by Section 2-5.4 shall be included in Bid. 2-6 WORK TO BE DONE. The Contractor shall perform ali work necessary to complete the Contract in a satisfactory manner. Unless othenwise provided, the Contractor shall furnish all materials, equipment, tools, labor, and incidentals necessary to complete the Work. 2-7 SUBSURFACE DATA. All soil and test hole data, water table elevations, and soil analyses shown on the drawings or included in the Specifications apply only at the location of the test holes and to the depths indicated. Soil test reports for test holes which have been drilled are attached in Appendix D. Any additional subsurface exploration shall be done by Bidders or the Contractor at their own expense. The indicated elevation of the water table is that which existed on the date when test hole data was determined. It is the Contractor's responsibility to determine and allow for the elevation of groundwater at the date of project construction. A difference in elevation between groundwater shown in soil boring logs and groundwater actually encountered during construction will not be considered as a basis for extra work. 2-8 RIGHT-OF-WAY. Rights-of-way, easements, or rights-of-entry for the Work will be provided by the Agency. Unless 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. Revised 11 /24/10 Contract No. 4003 Page 53 of 102 2-9 SURVEYING. 2-9.1 Permanent Survey Markers. The Contractor shall not cover or disturb permanent survey monuments or benchmarks without the consent of the Engineer. Where the Engineer concurs, in writing with the Contractor that protecting an existing monument in place is impractical, the Contractor shall employ a licensed land surveyor or a registered civil engineer authorized to practice land sun/eying within the State of California, hereinafter Surveyor, to establish the location of the monument before it is disturbed. The Contractor shall have the monument replaced by the Surveyor no later than thirty (30) days after construction at the site of the replacement is completed. The Surveyor shall file comer record(s) as required by §§ 8772 and 8773, et seq. of the Califomia Business and Professions Code. When a change is made in the finished elevation of the pavement of any roadway in which a permanent survey monument is located, the Contractor shall adjust the monument frame and cover to the new grade within 7 days of paving unless the Engineer shall approve othenwise. Monument frames and covers shall be protected during street sealing or painting projects or be cleaned to the satisfaction of the Engineer. 2-9 2 Survey Service. The Contractor shall hire and pay for the services of a Surveyor, hereinafter Surveyor to perform all work necessary for establishing control, construction staking, records research and all other surveying work necessary to construct the work, provide surveying services as required herein and provide surveying, drafting and other professional services required to satisfy the requirements of the Land Surveyors Act. Surveyor shall be resident on the site during all surveying operations and shall personally supervise and certify the surveying work. 2-9 21 Submittal of Surveying Data, All surveying data submittals shall conform to the requirements of Section 2-5.3.3, "Submittals", herein. The Contractor shall submit grade sheets to the Engineer before commencing work in the area affected by the grade sheets. The Contractor shall submit fteld notes for all surveying required herein to the Engineer within ten days of performing the survey All surveying field notes, grade sheets and survey calculations shall be submitted in bound form on 215mm by 280 mm (8V2" by 11") paper. Thefield notes, calculations and supporting data shall be clear and complete. Supporting data shall include all maps, affidavits, plats, field notes from eariier sun/eys and all other evidence used by the Surveyor to determine the location of the monuments set. The field notes and calculations will be labeled with name of the Surveyor, the party chief the field crewmembers and the author of the field notes or calculations. They shall be annotated with the date of observation or calculation, be numbered with consecutive page numbers and shall be readable without resort to any electronic aid, computer program or documentation for any computer program. The field notes shall be prepared In conformance with the CALTRANS "Surveys Manual". The Contractor shall have a Record of Sun/ey prepared by the Surveyor and file it in conformance with §§ 8700 - 8805 of the State of California Business and Professions Code when the Surveyor performs any surveying that such map is required under §§ 8762 of the State of California Business and Professions Code and whenever the Surveyor shall establish, set or construct any permanent survey monument. SDRS drawing M-10 type monuments, bolts, spikes, leaded tacks and nails (when set in concrete), iron pipes, reinforcing steel and all monuments and marks that are at, or accessory to, property corners and street centeriines are permanent survey monuments The Record of Survey shall show all monuments set, control monuments used, the basis of bearings and all other data needed to determine the procedure of survey and the degree of accuracy attained by the field surveying including the unadjusted ratio of closure. The unadjusted ratio of closure shall not exceed 1 part in 40,000. The record of sun/ey shall show the location and justification of location of all permanent monuments set and their relation to the street right-of-way Record(s) of Survey(s) shall be submitted for the Engineer's review and approval before submittal to the County Surveyor and before submittal to the County Recorder. Revised 11 /24/10 Contract No. 4003 Page 54 of 102 2-9 2 2 Survey Requirements, Stakes shall be set at offsets approved by the Engineer at no greater intervals than specified in TABLE 2-9.2.2(A) as measured along the project stationing. Stakes shall be set to show the location and grade of future curbs adjacent to traffic signal locations where the curb is not being built as a part of this contract. Staking and marking shall be completed by the Surveyor and inspected and approved by the Engineer before the start of construction in the area marked Centeriine monument shall have the disk stamped with the date the monument was set and the registration number of the Surveyor. Habitat mitigation sites and other areas to be preserved that are shown on the plans shall be staked and flagged prior to the start of any other activities within the limits of the work. When curb and gutter does not exist and is not being installed as a part of the project the location of adjacent facilities being constructed as a part of the contract the Contractor shall place stakes defining the horizontal and vertical location of such adjacent utility vaults, poles or other facilities that are being installed as parts of, or adjunct to, the project either by the Contractor and/or those noted on the plans as to be installed by others. TABLE 2-9.2.2(A) Survey Requirements for Construction Staking Feature Staked Stake Description ® Centerline or Parallel to Centerline Spacing®, ® Lateral Spacing <3>, ® Setting Tolerance (Within) Street Centerline SDRS M-10 Monument <1000', street Intersections, Begin and end of curves, only when shown on the plans on street centeriine 0.02' Horizontal, also see Section 2-9.2.1 herein Clearing Lath in soil, painted line on PCC & AC surfaces lath - Intervisible, < 50' on tangents & < 25' on cun/es. Painted line - continuous at clearing line 1' Horizontal Slope RP + Marker Stake Intervisible and < 50' Grade Breaks &<25' 0.1'Vertical & Horizontal Fence RP + Marker Stake < 200' on tangents, < 50' on curves when R> 1000' & 25' on cun/es when R< 1000' N/A (constant offset) 0.1' Horizontal Rough Grade Cuts or Fills > 10 m (33") RP + Mari<er Stake <50' N/A 0.1'Vertical & Horizontal Final Grade (includes top of: Basement soil, subbase and RP + Marker Stake, Blue- top in grading area < 50' on tangents & cun/es when R> 1000' & < 25' on cun/es when R < 1000' <22' 3/8" Horizontal & V4" Vertical Asphalt Pavement Finish Course RP, paint on previous course < 25' or as per the intersection grid points shown on the plan whichever provides the denser information edge of pavement, paving pass width, crown line & grade breaks Horizontal & V4" Vertical Drainage Structures, Pipes & similar Facilities®, ® RP + Marker Stake Intervisible & < 25', beginning and end, BC & EC of facilities, Grade breaks, Alignment breaks, Junctions, Inlets & similar facilities. Risers & similar facilities (except plumbing), Skewed cut-off lines as appropriate Va" Horizontal & V4" Vertical Curb RP + Marker Stake < 25', BC & EC, at %A, VzA & '^A on curb returns & at beqinning & end (constant offset) Horizontal & V4" Vertical Traffic Signal ® Vertical locations shall be based on the ultimate elevation of curb and sidewalk Signal Poles & Controller ® RP + Mari<er Stake at each pole & controller location as appropriate 3/8" Horizontal & V4" Vertical Junction Box ® RP + Marker at each junction box location as appropriate 3/B" Horizontal & V4" Revised 11/24/10 Contract No. 4003 Page 55 of 102 Feature Staked Stake Description ® Stake Centerline or Parallel to Centerline Spacing®, <S> Lateral Spacing (3), <S> Setting Tolerance (Within) Vertical Conduit ® RP + Mariner Stake < 50' on tangents & curves when R> 1000' & < 25' on cun/es when R < 1000' or where grade < 0.30% as appropriate VB" Horizontal & when depth cannot be measured from existing pavement V4" Vertical Minor Structure ® RP + Marker Stake + Line Stake for catch basins: at centerline of box, ends of box & wings & at each end of the local depression ® as appropriate Va" Horizontal & V4" Vertical (when vertical data needed) Abutment Fill RP + Mari<er Stake + Line Stake < 50' & along end slopes & conic transitions as appropriate 0.1'Verticals Horizontal Wall ® RP + Marker Stake + Line Point +Guard Stake < 50' and at beginning & end of: each wall, BC & EC, layout line angle points, changes in footing dimensions &/or elevation & wall heiqht as appropriate V4" Horizontal & V4" Vertical Maior Structure ® Footings, Bents, Abutments & Wingwalls RP + Mariner Stake + Line Point +Guard Stake 10' to 33' as required by the Engineer, BC & EC, transition points & at beginning & end. Elevation points on footings at bottom of columns as appropriate 3/B" Horizontal & V4" Vertical Superstructures RP 10' to 33' sufficient to use string lines, BC & EC, transition points & at beginning & end. Elevation points on footings at bottom of columns as appropriate Va" Horizontal & V4" Vertical Miscellaneous ® Contour Grading ® RP + Mariner Stake <50' along contour line 0.1'Vertical & Horizontal Utilities ®, ® RP + Mariner Stake < 50' on tangents & cun/es when R> 1000' & < 25' on cun/es when R < 1000' or where qrade < 0.30% as appropriate 3/8" Horizontal & V4" Vertical Channels, Dikes & Ditches ® RP + Marker Stake inten/isible & < 100', BC & EC of facilities. Grade breaks. Alignment breaks. Junctions, Inlets & similar facilities as appropriate 0.1'Horizontal &V4" Vertical Signs ® RP + Maricer Stake + Line Point +Guard Stake At sign location Line point 0.1'Vertical & Horizontal Subsurface Drains ® RP + Mari<er Stake intervisible & < 50', BC & EC of facilities. Grade breaks. Alignment breaks. Junctions, Inlets & similar facilities, Risers & similar facilities as appropriate 0.1'Horizontal &V4" Vertical Overside Drains ® RP + Mariner Stake longitudinal location At beginning & end 0.1'Horizontal &V4'' Vertical Mariners ® RP + Mari<er Stake for asphalt street surfacing < 50' on tangents & cun/es when R> 1000' & < 25' on curves when R < 1000'. At marker location(s) V4" Horizontal Railings & Barriers ® RP + Mari<er Stake At beginning & end and < 50' on tangents & curves when R > 1000' & < 25' on cun/es when R < 1000' at railing & barrier location(s) Va" Horizontal & Vertical AC Dikes ® RP + Marker Stake At beginning & end as appropriate 0.1' Horizontal & Vertical Box Culverts 10' to 33' as required by the Engineer, BC & EC, transition points & at beginning & end. Elevation points on footings & at invert as appropriate 3/8" Horizontal & V4" Vertical Pavement Markers® RP 200' on tangents, 50' on cun/es when R > 1000' & 25' on cun/es when R < 1000'. For PCC surfaced streets lane cold joints will suffice at pavement marker location(s) V4' Horizontal ® ® and the accuracy requirements of the RP meet the requirements for the feature u ..u Reference points shall be sufficiently durable and set securely enough to sun/ive with accuracy intact throughout the installation & inspection of the features or adjacent facilities for which they provide control. RP means reference point for the purposes of this table W Revised 11/24/10 Contract No. 4003 Page 56 of 102 ® Perpendicular to centeriine. . j»u * ® Some features are not necessarily parallel to centeriine but are referenced thereto , « * ® Spline surfaced features shall be staked so as to provide line & grade infomiation for each plane of the feature © > means greater than, or equal to, the number following the symbol. < means less than, or equal to, the number fol- S'^The StSSmfor storm drainage & sanitary sewer pipes & similar structures shall be their invert. The cut datum for all other utilities shall be the top of their pipe or conduit. All guard stakes, line stakes and lath shall be flagged. Unless othenwise approved by the Engineer flagging, paint and marking cards shall be the color specified in TABLE 2-9.2.2(B) TABLE 2-9.2.2(B) Color* Horizontal Control Coordinated control points, control lines, control reference points, centeriine. White/Red Vertical Control Bench marks White/Orange Clearina Yellow/Black Grading Slope, intermediate slope, abutment fill, rough grade, contour grading, final Yellow Structure White Drainage, Sewer, Curb Pipe culverts, junction boxes, drop inlets, headwalls, sewer lines, storm Blue Riqht-of-Wav White/Yellow Miscellaneous Orange Flagging and marking cards, if used. 2-9 2 3 Payment for Survey, Payment for work performed to satisfy the requirements of Sections 2- 9 1 through 2-9 2 2 shall be included in the actual bid items requiring the survey work and no additional payment will be made. Payment for the replacement of disturbed monuments and the filing of records of survey and/or comer records, including filing fees, shall be incidental to the work necessitating the disturbance of said monuments and no additional payment will be made. 2-9.3 Private Engineers. Surveying by private engineers on the Work shall conform to the quality and practice required by the Engineer. 2-9.4 Line and Grade. All work shall conform to the lines, elevations, and grades shown on the Plans. Three consecutive points set on the same slope shall be used together so that any variation from a straight grade can be detected. Any such variation shall be reported to the Engineer. In the absence of such report, the Contractor shall be responsible for any error in the grade of the finished work. Grades for underground conduits will be set at the surface of the ground. The Contractor shall transfer them to the bottom of the trench. 2-10 AUTHORITY OF BOARD AND ENGINEER. The Board has the ffnal authority in all matters affecting the Work Within the scope of the Contract, the Engineer has the authority to enforce compliance with the Plans and Specifications. The Contractor shall promptly comply with instructions from the Engineer or an authorized representative. The decision of the Engineer is final and binding on all questions relating to: quantities; acceptability of material equipment, or work; execution, progress or sequence of work; and interpretation of the Plans, Specifications, or other drawings. This shall be precedent to any payment under the Contract, unless othenwise ordered by the Board. Revised 11/24/10 Contract No. 4003 Page 57 of 102 2-10.1 Availability of Records, The Contractor shall, at no charge to the Agency provide copies of all records in the Contractor's or subcontractor's possession pertaining to the work that the Engineer may request. 2-10.2 Audit and Inspection, Contractor agrees to maintain and/or make available, to the Engineer, within San Diego County, accurate books and accounting records relative to all its activities and to contractually require all subcontractors to this Contract to do the same. The Engineer shall have the right to monitor, assess, and evaluate Contractor's and its subcontractors performance pursuant to this Agreement, said monitoring, assessments, and evaluations to include, but not be limited to, audits inspection of premises, reports, contracts, subcontracts and interviews of Contractor's staff and the staff of all subcontractors to this contract. At any time during normal business hours and as often as the Engineer may deem necessary, upon reasonable advance notice, Contractor shall make available to the Engineer for examination, all of its, and all subcontractors to this contract, records with respect to all matters covered by this Contract and will permit the Engineer to audit, examine, copy and make excerpts or transcripts from such data and records, and to make audits of all invoices, materials, payrolls, records of personnel, and other data relating to all matters covered by this Contract. However, any such activities shall be carried out in a manner so as to not unreasonably interfere with Contractor's ongoing business operations. Contractor and all subcontractors to this contract shall maintain such data and records for as long as may be required by applicable laws and regulations. 2-11 INSPECTION. The Work is subject to inspection and approval by the Engineer. The Contractor shall notify the Engineer before noon of the working day before inspection is required. Work shall be done only in the presence of the Engineer, unless 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 woricmanship are in accordance with these specifications. Inspection of the Work shall not relieve the Contractor of the obligation to fulfill all conditions of the Contract. 0 Revised 11 /24/10 Contract No. 4003 Page 58 of 102 SECTION 3 - CHANGES IN WORK 3-1 CHANGES REQUESTED BY THE CONTRACTOR. 3-1 1 General. Changes in the Plans and Specifications, requested in writing by the Contractor, which do not materially affect the Work and which are not detrimental to the Work or to the interests of the Agency, may be granted by the Engineer. Nothing herein shall be construed as granting a nght 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. 3-21 General. The Agency may change the Plans, Specifications, character of the work, or quantity of work provided the total arithmetic dollar value of all such changes, both additive and deductive does not exceed 25 percent of the Contract Price. Should it become necessary to exceed this limitation, the change shall be by written Supplemental Agreement between the Contractor and Agency unless both parties agree to proceed with the change by Change Order. Change Orders shall be in writing and state the dollar value of the change or established method of payment, any adjustment in contract time of completion, and when negotiated prices are involved, shall provide for the Contractor's signature indicating acceptance. 3-2.2 Payment. 3-2 2 1 Contract Unit Prices. If a change is ordered in an item of work covered by a Contract Unit Price and such change does not involve substantial change in character of the work from that shown on the Plans or specified in the Specifications, then an adjustment in payment will be made. This adjustment will be based upon the increase or decrease in quantity and the Contract Unit Price. If the actual quantity of an item of work covered by a Contract Unit Price and constructed in conformance with the Plans and Specifications varies from the Bid quantity by 50 percent or less, payment will be made at the Contract Unit Price. If the actual quantity of said item of work varies from the Bid quantity by more than 50 percent, payment will be made per Section 3-2.2.2 or 3-2.2.3 as appropriate The provision requiring the total arithmetic quantity changes, both additive and deductive to not exceed 50 percent of the quantity in the "Contractor's Proposal" shall not apply to bid items A-1, A-2, A-3, A-4, A-5, A-6, A-7, A-8, and A-10. For Bid Items A-1 through A-8, it is the intent that the Contractor will be paid at the unit price stipulated in the Contractor's Proposal for the actual final quantity fumished and installed, and for Bid Item A-10 the actual final quantity excavated and recompacted, which total quantity may be more or less than the quantity stipulated for each of the bid items listed in the "Contractor's Proposal. 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 Revised 11/24/10 Contract No. 4003 Page 59 of 102 costs shall be deemed to have been recovered by the Contractor through payment for 150 percent of the Bid quantity at the Contract Unit Price. 3-2 2.3 Decreases of More Than 50 Percent. Should the actual quantity of an item of work covered by a Contract Unit Price, and constructed in conformance with the Plans and Specifications, be less than 50 percent of the Bid quantity, an adjustment in payment will not be made unless so requested in writing by the Contractor. If the Contractor so requests, payment will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Section 3-3; however, in no case will payment be less than would be made for the actual quantity at the Contract Unit Price nor more than would be made for 50 percent of the Bid quantity at the Contract Unit Price. 3-2 3 Stipulated Unit Prices. Stipulated Unit Prices are unit prices established by the Agency in the Contract Documents as distinguished from Contract Unit Prices submitted by the Contractor. Stipulated Unit Prices may be used for the adjustment of Contract changes when so specified. 3-2 4 Agreed Prices. Agreed Prices are prices for new or unforeseen work, or adjustments in Contract Unit Prices per Section 3-2.2, established by mutual agreement between the Contractor and the Agency If mutual agreement 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 otherwise specified in Sections 3-2.2.2 and 3-2.2.3. 3 2 41 Schedule of Values. Prior to construction. Contractor shall provide a schedule of values for all lump sum bid items that shall be used for the purpose of progress payments. The prices shall be valid for the purpose of change orders to the project. 3 2 5 Eliminated Items. Should any Bid item be eliminated in its entirety, payment will be made to the Contractor for its actual costs incurred in connection with the eliminated item prior to notification in writing from the Engineer so stating its elimination. If material conforming to the Plans and Specifications is ordered by the Contractor for use in the eliminated item prior to the date of notification of elimination by the Engineer, and if the order for that material 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 handling by the Contractor. Actual costs, as used herein, shall be computed on the basis of Extra Work per Section 3-3. 3-3 EXTRA WORK. 3-3.1 General. New or unforeseen work will be classified as "extra work" when the Engineer determines that it is not covered by Contract Unit Prices or stipulated unit prices. 3-3.2 Payment. 3-3.2.1 General. When the price for the extra work cannot be agreed upon, the Agency will pay for the extra work based on the accumulation of costs as provided herein. 3-3.2.2 Basis for Establishing Costs. (a) Labor The costs of labor will be the actual cost for wages of workers performing the extra work at the time the extra work is done, plus employer payments of payroll taxes, workers compensation insurance liability insurance, health and welfare, pension, vacation, apprenticeship funds, and other Revised 11/24/10 Contract No. 4003 Page 60 of 102 direct costs, resulting from Federal, State, or local laws, as well as assessments or benefits required by lawful collective bargaining agreements. The use of a labor classification which would increase the extra work cost will not be permitted unless the Contractor establishes the necessity for such additional costs. Labor costs for equipment operators and helpers shall be reported only when such costs are not included in the invoice tor 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 Aqency 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 replacement value of $200 or less. Regardless of ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs shall be the edition of the, "Labor Surcharge and Equipment Rental Rates published by CALTRANS current at the time of the actual use of the tool or equipment. The nght-of-way delay factors therein 'shall be used as multipliers of the rental rates for determining the value of costs for delay to the Contractor and subcontractors, if any The labor surcharge rates published therein are not a part of this contract. The rental rates paid shall include the cost of fuel, oil, lubrication, supplies, small tools, necessary attachments, repairs and maintenance of any kind, depreciation, storage, insurance, and a incidentals. Necessary loading and transportation costs for equipment used on the extra work shall be included. If equipment is used intermittently and, when not in use, could be retumed 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 Durpose for which it is to be used. Manufacturer's ratings and approved modifications shall be used to classify equipment and it shall be powered by a unit of at least the minimum rating recommended by the manufacturer. The reported rental time for equipment already at the Work site shall be the duration of its use on the extra work. This time begins when equipment is first put into actual operation on the extra work, plus the time required to move it from its previous site and back, or to a closer site. (d) Other Items. The Agency may authorize other items which may be required on the extra work, including labor, services, material, and equipment. These items must be different in their nature from those required for the Work, and be of a type not ordinarily available from the Contractor or Subcontractors. Revised 11/24/10 Contract No, 4003 Page 61 of 102 Invoices covering all such items in detail shall be submitted with the request for payment. (e) Invoices. Vendors' invoices for material, equipment rental and other expenditures shall be submitted with the request for payment. If the request for payment is not substantiated by invoices or other documentation, the Agency may establish the cost of the item involved at the lowest price which was current at the time of the report. 3-3.2.3 Markup. (a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor 15 2) Materials 10 3) Equipment Rental 10 4) Other Items and Expenditures ... 10 To the sum of the costs and markups provided for in this section, 1 percent shall be added as compensation for bonding. (b) Work by Subcontractors. When all or any part of the extra work is performed by a Subcontractor or sub-subcontractors, 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. Overhead and profit margins, in the aggregate, shall not exceed 25% for all tiers of subcontractors and the general contractor. 3-3.3 Daily Reports by Contractor. When the price for the extra work cannot be agreed upon, the Contractor shall submit a daily report to the Engineer on forms approved by the Agency. Included are applicable delivery tickets, listing all labor, materials, and equipment involved for that day, and other services and expenditures when authorized. Payment for extra work will not be made until such time that the Contractor submits completed daily reports and all supporting documents to the Engineer. Failure to submit the daily report by the close of the next working day may waive any rights for that day An attempt shall be made to reconcile the report daily, and it shall be signed by the Engineer and the Contractor. In the event of disagreement, pertinent notes shall be entered by each party to explain points which cannot be resolved immediately. Each party shall retain a signed copy of the report. Reports by Subcontractors or others shall be submitted through the Contractor. The report shall: 1. Show names of workers, classifications, and hours worked. 2. Describe and list quantities of materials used. 3. Show type of equipment, size, identification number, and hours of operation, including loading and transportation, if applicable. 4. Describe other 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 before they are disturbed: 0 Revised 11/24/10 Contract No. 4003 Page 62 of 102 1. Subsurface or latent physical conditions differing materially from those represented in the Contract; 2 Unknown physical conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in work of the character being performed; and 3 Material differing from that represented in the Contract which the Contractor believes may be hazardous waste, as defined in Section 25117 of the Health and Safety Code that is required to be removed to a Class I, Class 11, or Class 111 disposal site in accordance with provisions of existing law. The Enqineer will promptly investigate conditions which appear to be changed conditions. If the Enqineer determines that conditions are changed conditions and they will matenally affect performance time, the Contractor, upon submitting a written request, will be granted an extension of time subject to the provisions of 6-6. If the Engineer determines that the conditions do not justify an adjustment in compensation, the Contractor will be notified in writing. This notice will also advise the Contractor of its obligation to notify the Engineer in writing if the Contractor disagrees. The Contractor's failure to give notice of changed conditions promptly upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the Engineer, including failure or refusal to issue a change order, or for the happening of any event, thing, occurrence, or other cause, unless the Contractor shal have first given the Engineer due written notice of potential claim as hereinafter specified. Compliance with this section shall not be required as a prerequisite to notice provisions in Section 6-7.3 Contract Time Accounting, nor to any claim that is based on differences in measurement or errors of computation as to contract quantities. The written notice of potential claim for changed conditions shall be submitted by the Contractor to the Engineer upon their discovery and prior to the time that the Contractor performs the work giving rise to the potential claim. The Contractor's failure to give written notice of potential claim for changed conditions to the agency upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall provide the City with a written document containing a description of the particular circumstances giving rise to the potential claim, the reasons for which the Contractor believes additional compensation may be due and nature of any and all costs involved within 20 working days of the date of service of the written notice of potential claim for changed conditions. Verbal notifications are disallowed. The potential claim shall include the following certification relative to the Califomia False Claims Act, Government Code Sections 12650-12655. Revised 11/24/10 Contract No. 4003 Page 63 of 102 'The undersigned certifies that the above statements are made in full cognizance of the California False Claims Act, Govemment Code Sections 12650-12655. The undersigned further understands and agrees that this potential claim, unless resolved, must be restated as a claim in response to the City's proposed final estimate in order for it to be further considered." By ^ Title: Date: Company Name: ^ The Contractor's estimate of costs may be updated when actual costs are known. The Contractor shall submit substantiation of its actual costs to the Engineer within 20 working days after the affected work is completed. Failure to do so shall be sufficient cause for denial of any claim subsequently filed on the basis of said notice of potential claim. It is the intention of this section that differences between the parties arising under and by virtue of the contract be brought to the attention of the Engineer at the eariiest possible time in order that such matters be settled, if possible, or other appropriate action promptly taken. 3-5 DISPUTED WORK. The Contractor shall give the agency written notice of potential claim prior to commencing any disputed work. Failure to give said notice shall constitute a waiver of all claims in connection therewith. If the contractor and the agency are unable to reach agreement on disputed work, the Agency may direct the contractor to proceed with the work. Prior to proceeding with dispute resolution pursuant to Public Contract Code provisions specified hereinafter, the contractor shall attempt to resolve all disputes informally through the following dispute resolution chain of command: 1. Construction Manager 2. Civic Projects Manager 3. Deputy City Engineer, Construction Management & Inspection 4. Public Works Director 5. City Manager The Contractor shall submit a complete report within 20 working days after completion of the disputed work stating its position on the claim, the contractual basis for the claim, along with all documentation supporting the costs and all other evidentiary materials. At each level of claim or appeal of claim the City will, within 10 working days of receipt of said claim or appeal of claim, review the Contractor's report and respond with a position, request additional information or request that the Contractor meet and present its report. When additional information or a meeting is requested the City will provide its position within 10 working days of receipt of said additional information or Contractor's presentation of its report. The Contractor may appeal each level's position up to the City Manager after which the Contractor may proceed under the provisions of the Public Contract Code. The authority within the dispute resolution chain of command is limited to recommending a resolution to a claim to the City Manager. Actual approval of the claim is subject to the change order provisions in the contract. All claims by the contractor for $375,000 or less shall be resolved in accordance with the procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Section 20104) which is set forth below: Revised 11/24/10 Contract No. 4003 Page 64 of 102 ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS 20104. (a)(1) This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or less which arise between a contractor and a local agency (2) This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2. . ^. ., ^ ^ b)(1) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that "public work" does not include any work or improvement contracted for by the state or the Regents of the University of California. ^ • mx (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 contrac for a public work and payment of which is not othenwise expressly provided for or the claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency (c) The prSns 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: , , • la) The claim shall be in writing and include the documents necessary to substantiate the clairn. 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 tiling ot ST For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in wr ing to any written claim within 45 days of receipt of the claim, or may request, in writing, wi hin 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 .^^w^thic (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. (cKI) For claims of over fifty thousand dollars ($50,000) and less than or equal o 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 aqency may have against the claimant. , ^ ^ ^t^^t^io 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. ,U„:«^H tn tha (3) The local agencVs written response to the claim, as further documented, shall be submilted to the claimant within 30 days atter receipt of the further documentation, or within a penod of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. ^^or^^nH (d) If the claimant disputes the local agency's written response, or the local agency fa Is to respond wi hin the time prescribed, the claimant may so notify the local agency in writing, either within 15 S of receipt of the local agencys response or within 15 days of the local agency's failure to respond within the time prescribed, respectively and demand an informal conference to rnee 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. . • ^- tho (e) Following the meet and confer conference, if the claim or any portion remains |n dispute the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 O^ommencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For Sirposes of those provisions, the running of the period of time within which a c aim 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 penod of Revised 11/24/10 Contract No. 4003 Page 65 of 102 time utilized by the meet and confer process. ..... ^ .j n (f) This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. 20104.4. The following procedures are established for all civil actions filed to resolve claims subject to this cirticl©' (a) Within 60 days, but no eariier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties^ The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator (b) (1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2 5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure) shall apply to any proceeding brought under the subdivision consistent with the rules pertaining to judicial art)itration. (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 m'ore favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo. (c) The court may upon request by any party, order any witnesses to participate in the mediation or arbitration process. 20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed except as otherwise provided in the contract. (b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law. Although not to be construed as proceeding under extra work provisions, the Contractor shall keep and furnish records of disputed work in accordance with Section 3-3. Revised 11/24/10 Contract No. 40^ Page 66 of 102 SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP. 4-1 1 General. All materials, parts, and equipment furnished by the Contractor in the Work shall be new, high grade, and free from defects. Quality of work shall be in accordance with the generally accepted standards. Material and work quality shall be subject to the Engineer's approval. Materials and work quality not conforming to the requirements of the Specifications shall be considered defective and will be subject to rejection. Defective work or material, whether in place or not, shall be removed immediately from the site by the Contractor, at its expense, when so directed by the Engineer. If the Contractor fails to replace any defective or damaged work or material after reasonable notice, the Engineer may cause such work or materials to be replaced. The replacement expense will be deducted from the amount to be paid to the Contractor. Used or secondhand materials, parts, and equipment may be used only if permitted by the Specifications. 4-1.2 Protection of Work and Materials. The Contractor shall provide and maintain storage facilities and employ such measures as will preserve the specified quality and fitness of materials to be used in the Work. Stored materials shall be reasonably accessible for inspection. The Contractor shall also adequately protect new and existing work and all items of equipment for the duration of the Contract. The Contractor shall not, without the Agency's consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be necessary for the completion of the Contract. 4-1.3 Inspection Requirements. 4-1.3.1 General. Unless othenwise specifted, inspection is required at the source for such typical materials and fabricated items as bituminous paving mixtures, structural concrete, metal fabrication, metal casting, welding, concrete pipe manufacture, protective coating application, and similar shop or plant operations. Steel pipe in sizes less than 18 inches and vitrified clay and cast iron pipe in all sizes are acceptable upon certification as to compliance with the Specifications, subject to sampling and testing by the Agency Standard items of equipment such as electric motors, conveyors, elevators, plumbing fixtures etc., are subject to inspection at the job site only. Special items of equipment such as designed electrical panel boards, large pumps, sewage plant equipment, etc., are subject to inspection at the source, normally only for performance testing. The Specifications may require inspection at the source for other items not typical of those listed in this section. The Contractor shall provide the Engineer free and safe access to any and all parts of work at any time Such free and safe access shall include means of safe access and egress, ventilation, lighting, shoring dewatering and all elements pertaining to the safety of persons as contained in the State of California California Code of Regulations, Title 8, Industrial Relations, Chapter 4, Division of Industrial Safety, Subchapter 4, Construction Safety Orders and such other safety regulations as may apply Contractor shall furnish Engineer with such information as may be necessary to keep the Engineer fully informed regarding progress and manner of work and character of matenals. Revised 11/24/10 Contract No. 4003 Page 67 of 102 Inspection or testing of the whole or any portion of the work or materials incorporated in the work shall not relieve Contractor from any obligation to fulfill this Contract. 4-1 3 2 Inspection of Materials Not Locally Produced. When the Contractor intends to purchase materials fabricated products, or equipment from sources located more than 50 miles outside the qeoqraphical limits of the Agency, an inspector or accredited testing laboratory (approved by the Enqineer) shall be engaged by the Contractor at its expense, to inspect the materials, equipment or process fhis 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 services within 50 miles of the geographical limits of the Agency. For private contracts, all costs of inspection at the source, including salaries and mileage costs, shall be paid by the permittee. 4-1 4 Test of Material. Before incorporation in the Work, the Contractor shall submit samples of materials as the Engineer may require, at no cost to the Agency. The Contractor, at its expense, shall deliver the materials for testing to the place and at the time designated by the Engineer. Unless otherwise provided, all initial testing will be performed under the direction of the Engineer, and at no expense to the Contractor. If the Contractor is to provide and pay for testing, it will be stated in the Specifications. For private contracts, the testing expense shall be borne bythe 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 Enqineer 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 product from any source proves unacceptable at any time, the Contractor shall fumish approved material from other approved sources. If any product proves unacceptable after improper storage, handling or for any other reason it shall be rejected, not incorporated into the work and shall be removed from the project site all at the Contractor's expense. Compaction tests may be made by the Engineer and all costs for tests that meet or exceed the requirements of the specifications shall be bome by the Agency Said tests may be made at any place along the work as deemed necessary by the Engineer. The costs of any retests made necessary by noncompliance with the specifications shall be borne by the Contractor. Revised 11/24/10 Contract No. 4003 Page 68 of 102 4-1 5 Certification. The Engineer may waive materials testing requirements of the Specifications and accept the manufacturer's written certification that the materials to be supplied meet those requirements. Material test data may be required as part of the certiftoation. 4-1 6 Trade Names or Equals. The Contractor may supply any of the materials specified or offer an 'equivalent The Engineer shall determine whether the material offered is equivalent to that specified. Adequate time shall be allowed for the Engineer to make this determination. Whenever any particular material, process, or equipment is indicated by patent, proprietary or brand name or by name of manufacturer, such wording is used for the purpose of facilitating its descnption and shall be deemed to be followed by the words or equal. A listing of materials is not intended to be comprehensive, or in order of preference. The Contractor may offer any material process or equipment considered to be equivalent to that indicated. The substantiation of offers shall be submitted as provided in the contract documents. The Contractor shall, at its expense, fumish data conceming items offered by it as equivalent to those specified. The Contractor shall have the material tested as required by the Engineer to determine that the quality strength, physical, chemical, or other characteristics, including durabHity 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 oromptlv 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 ODinion 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 nroportioning 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 Califomia Business and Professions Code and the Califomia Code of Regulations Dertaininq to weighing devices. A certificate of compliance shall be presented, prior to operation, to the Engineer for approval and shall be renewed whenever required by the Engineer at no cost to the Agency. All scales shall be arranged so they may be read easily from the operator's platform or area. They shall indicate the true net weight without the application of any factor. The figures of the scales shall be cleariy legible. Scales shall be accurate to within 1 percent when tested with the plant shut down Weighing equipment shall be so insulated against vibration or moving of other operating equipment Revised 11/24/10 Contract No. 4003 Page 69 of 102 in the plant area that the error in weighing with the entire plant running will not exceed 2 percent for any setting nor 1.5 percent for any batch. 4-1 8 Calibration of Testing Equipment. Testing equipment, such as, but not limited to pressure gages metering devices, hydraulic systems, force (load) measuring instruments, and strain- measuring devices shall be calibrated by a testing agency acceptable to the Engineer at inten/als not to exceed 12 months and following repairs, modification, or relocation of the equipment. Calibration certificates shall be provided when requested by the Engineer. 4-1.9 Construction Materials Dispute Resolution (Soils, Rock Materials, Concrete, Mortar and Related Materials, Masonry Materials, Bituminous Materials, Rock Products, and Modified Asphalts) In the interest of safety and public value, whenever credible evidence arises to contradict the test values of materials, the Agency and the Contractor will initiate an immediate and cooperative investigation Test values of materials are results of the materials' tests, as defined by these Specifications or by the special provisions, required to accept the Work. Credible evidence is process observations or test values gathered using industry accepted practices. A contradiction exists whenever test values or process obsen/ations of the same or similar materials are diverse enough such that the work acceptance or performance becomes suspect. The investigation shall allow access to all test results, procedures, and facilities relevant to the disputed work and consider all available information and, when necessary, gather new and additional information in an attempt to determine the validity, the cause, and if necessary, the remedy to the contradiction. If the cooperative investigation reaches any resolution mechanism acceptable to both the Agency and the Contractor, the contradiction shall be considered resolved and the cooperative investigation concluded. Whenever the cooperative investigation is unable to reach resolution, the investigation may then either conclude without resolution or continue by written notification of one party to the other requesting the implementation of a resolution process by committee. The continuance of the investigation shall be contingent upon recipient's agreement and acknowledged in writing within 3 calendar days after receiving a request. Without acknowledgement, the investigation shall conclude without resolution. The committee shall consist of three State of Califomia Registered Civil Engineers Within 7 calendar days after the written request notification, the Agency and the Contractor will each select one engineer. Within 14 calendar days of the written request notification, the two selected engineers will select a third engineer. The goal in selection of the third member is to complement the professional experience of the first two engineers. Should the two engineers fail to select the third engineer, the Agency and the Contractor shall each propose 2 engineers to be the third member within 21 calendar days after the written request notification. The first two engineers previously selected shall then select one of the four proposed engineers in a blind draw. The committee shall be a continuance of the cooperative investigation and will re-consider all available information and if necessary gather new and additional information to 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 formation to complete their review and submit their findings. The final resolution of the committee shall be by majority opinion, in writing stamped and signed. Should the final resolution not be unanimous, the dissenter may attach a written, stamped, and signed minority opinion. Once started, the resolution process by committee shall continue to full conclusion unless: Within 7 days of the formation of the committee, the Agency and the Contractor reach an acceptable resolution mechanism; or Within 14 days of the formation of the committee, the initiating party withdraws its written notification and agrees to bear all investigative related costs thus far incurred; or 1. Revised 11/24/10 Contract No. 4003 Page 70 of 102 3 At any point by the mutual agreement of the Agency and the Contractor. Unless othenwise agreed, the Contractor shall bear and maintain a record for all the investigative costs until resolution. Should the investigation discover assignable causes for the contradiction, the assignable party, the Agency or the Contractor, shall bear all costs associated with the investigation. Should assignable causes for the contradiction extended to both parties, the investigation will assign costs cooperatively with each party or when necessary, equally. Should the investigation substantiate a contradiction without assignable cause, the investiga- tion will assign costs cooperatively with each party or when necessary, equally. Should the investigation be unable to substantiate a contradiction, the initiator of the investigation shall bear all investigative costs. All claim notification requirements of the contract pertaining to the contradiction shall be suspended until the investigation is concluded. 4-2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE. The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm the quantity and quality received, prepare storage area(s), store, handle, protect, move, relocate, remove and dispose excess of all materials used to accomplish the Work. Materials shall be delivered to the site of the work only during working hours, as defined in Section 6-7.2, and shall be accompanied by bills of lading that shall cleariy state for each delivery: the name of the 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 time during the Work. Revised 11/24/10 Contract No. 4003 Page 71 of 102 SECTION 5 - UTILITIES 5-1 LOCATION. The Agency and affected utility companies have, by a search of known records, endeavored to locate and indicate on the Plans, al! utilities which exist within the limits of the work. However, the accuracy and/or completeness of the nature, size and/or location of utilities indicated on the Plans is not guaranteed. Where underground main distribution conduits such as water, gas, sewer, electric power, telephone, or cable television are shown on the Plans, the Contractor shall assume that every property parcel will be served by a service connection for each type of utility. As provided in Section 4216 of the California Government Code, at least 2 working days prior to commencing any excavation, the Contractor shall contact the regional notification center (Underground Service Alert of Southern California) and obtain an inquiry identification number. The California Department of Transportation is not required by Section 4216 to become a member of the regional notification center. The Contractor shall contact it for location of its subsurface installations. The Contractor shall determine the location and depth of all utilities, including service connections, which have been marked by the respective owners and which may affect or be affected by its operations. If no pay item is provided in the Contract for this work, full compensation for such work shall be considered as included in the prices bid for other items of work. 5-2 PROTECTION. The Contractor shall not interrupt the service function or disturb the support of any utility without authority from the owner or order from the Agency. All valves, switches, vaults, and meters shall be maintained readily accessible for emergency shutoff. Where protection is required to ensure support of utilities located as shown on the Plans or in accordance with Section 5-1, the Contractor shall, unless othenwise provided, fumish and place the necessary protection at its expense. Upon learning of the existence and location of any utility omitted from or shown incorrectly on the Plans, the Contractor shall immediately notify the Engineer in writing. When authonzed by the Engineer, support or protection of the utility will be paid for as provided in Section 3-2.2.3 or 3-3. The Contractor shall immediately notify the Engineer and the utility owner if any utility is disturbed or damaged. The Contractor shall bear the costs of repair or replacement of any utility damaged if located as noted in Section 5-1. When placing concrete around or contiguous to any non-metallic utility installation, the Contractor shall at its expense: 1. Furnish and install a 2 inch cushion of expansion joint material or other similar resilient material; or 2. Provide a sleeve or other opening which will result in a 2 inch minimum-clear annular space between the concrete and the utility; or 3. Provide other acceptable means to prevent embedment in or bonding to the concrete. Revised 11/24/10 Contract No. 4003 Page 72 of 102 Where concrete is used for backfill or for structures which would result in embedment, or partial embedment, of a metallic utility installation; or where the coating, bedding or other cathodic protection system is exposed or damaged by the Contractor's operations, the Contractor shall notify the Engineer and arrange to secure the advice of the affected utility owner regarding the procedures required to maintain or restore the integrity of the system. 5-3 REMOVAL Unless othenwise specified, the Contractor shall remove all interfering portions of utilities shown on the Plans or indicated in the Bid documents as "abandoned" or 'lo be abandoned in place" Before starting removal operations, the Contractor shall ascertain from the Agency whether the abandonment is complete, and the costs involved in the removal and disposal shall be included in the Bid for the items of work necessitating such removals. 5-4 RELOCATION. When feasible, the owners responsible for utilities within the area affected by the Work will complete their necessary installations, relocations, repairs, or replacements before commencement of work by the Contractor. When the Plans or Specifications indicate that a utility installation is to be relocated, altered, or constructed by others, the Agency will conduct all negotiations with the owners and work will be done at no cost to the Contractor, except for manhole frame and cover sets to be brought to grade as provided in the Standard Specifications for Public Works Construction, Section 301-1.6, 2009 Edition. Utilities which are relocated in order to avoid interference shall be protected in their position and the cost of such protection shall be included in the Bid for the items of work necessitating such relocation. After award of the Contract, portions of utilities which are found to interfere with the Work will be relocated, altered or reconstructed by the owners, or the Engineer may order changes in the Work to avoid interference. Such changes will be paid for in accordance with Section 3-2. When the Plans or Specifications provide for the Contractor to alter, relocate, or reconstruct a utility, all costs for such work shall be included in the Bid for the items of work necessitating such work. Temporary or permanent relocation or alteration of utilities requested by the Contractor for its convenience shall be its responsibility and it shall make all arrangements and bear all costs. The utility owner will relocate sen/ice connections as necessary within the limits of the Work or within temporary construction or slope easements. When directed by the Engineer, the Contractor shall arrange for the relocation of 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 o such sen/ice connections will be paid for in accordance with provisions of Section 3-3. Payment will include the restoration of all existing improvements which may be affected thereby. The Contractor may agree with the owner of any utility to disconnect and reconnect interfering 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 utilitv agency or company or its contractor, the Contractor shall place all curb or curb and gutter that is a part of the work and adjacent to the location where such utility structures are shown on the plans and are noted as being located, relocated or are othenwise shown as installed by others. In order to minimize delays to the Contractor caused by the failure of other parties to relocate utilities that interfere with the construction, the Contractor, upon the Engineer's approval, may be permitted to temporarily omit the portion of work affected by the utility. If such temporary omission is approved by the Enqineer the Contractor shall place survey or other physical control markers sufficient to locate the curb or curb and gutter to the satisfaction of the utility agency or company Such temporary omission shall be for the Contractor's convenience and no additional compensation will be allowed therefore or for additional work, materials or delay associated with the temporary omission. The Revised 11/24/10 Contract No. 4003 Page 73 of 102 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 tor protection, removal, or relocation of utilities. The Contractor will not be entitled to damages or additional payment for delays attributable to utility relocations or alterations if correctly located, noted, and completed in accordance with Section 5-1. The Contractor may be given an extension of time for unforeseen delays attributable to unreasonably protracted interference by utilities in performing work correctly shown on the Plans. The Aqency will assume responsibility for the timely removal, relocation, or protection of existing main or trunkline utility facilities within the area affected by the Work if such utilities are not identified in the Contract Documents. The Contractor will not be assessed liquidated damages for any delay caused by failure of Agency to provide for the timely removal, relocation, or protection 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, eauipment 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. 4003 Page 74 of 102 SECTION 6 - PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Except as otherwise provided herein and unless othenwise prohibited by permits from other agencies as may be required by law the Contractor shall begin work within 10 calendar days after receipt of the "Notice to Proceed". 6-1 1 Pre-Construction Meeting. After, or upon, notification of contract award, the Engineer will set the time and location for the Preconstruction Meeting. Attendance of the Contractor's management personnel responsible for the management, administration, and execution of the project is mandatory for the meeting to be convened. Failure of the Contractor to have the 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 Contractors attendance at the meeting. The notice to proceed will only be issued on or after the completion of the preconstruction meeting. 6-1 1 1 Baseline Construction Schedule Submittal. The Contractor shall submit the Baseline Construction Schedule per the submittal requirements of Section 2-5.3. The submittal of the Baseline Construction Schedule shall include each item and element of Sections 6-1.2 through 6- 1.2.9 and shall be on hard (paper) copy and electronic media conforming to Section 6-1.3.3 Electronic Media. 6-1 2 Preparation and Review of the Baseline Construction Schedule. The Contractor shall prepare the Baseline Construction Schedule as a Critical Path Method (CPM) Schedule in the precedence diagram method (activity-on-node) format. The Baseline Construction Schedule shall depict a workable plan showing the sequence, duration, and interdependence of all activities required to represent the complete performance of all project work as well as periods where work is precluded The Baseline Construction Schedule shall begin with the projected date of issuance of the notice to proceed and conclude with the date of final completion per the contract duration. The Baseline Construction Schedule shall include detail of all project phasing, staging, and sequencing, including all milestones necessary to deffne beginning and ending of each phase or stage. 6-1 2 1 Time-Scaled Network Diagram. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a complete time-scaled network diagram showing all of the activities, logic relationships, and milestones comprising the schedule. 6-1 2 2 Tabular Listing. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a tabular listing of all of the activities, showing for each activity the identification number, the description, the duration, the early start, the early finish, the late start, the late finish, the total float, and all predecessor and successor activities for the activity described. 6-1 2 3 Bar Chart. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a chart showing individual tasks and their durations arranged with the tasks on the vertical axis and duration on the horizontal axis. The bar chart shall use differing texture patterns or distinctive line types to show the critical path. 6-1 2 4 Schedule Software. The Contractor shall use commercially available software equal to the Windows 2000 compatible "Suretrak" program by Primavera or "Project" program by Microsoft Corporation to prepare the Baseline Construction Schedule and all updates thereto. The Contractor shall submit to the Agency a CD-ROM data disk with all network information contained thereon, in a format readable by a Microsoft Windows 2000 system. The Agency will use a "Suretrak", "Projecf or Revised 11/24/10 Contract No. 4003 Page 75 of 102 equal software program for review of the Contractor's schedule. Should the Contractor elect to use a scheduling program other than the "Suretrak" program by Primavera or "Project" program by Microsoft Corporation the Contractor shall provide the Engineer three copies of the substituted program that are fully licensed to the Agency and 32 class hours of on-site training by the program publisher for up to eight Agency staff members. The classes shall be presented on Mondays through Thursdays inclusive, between the hours of 8:00 a.m. and 5:00 p.m. The on-site training shall be held at 1635 FaradayAvenue, Carisbad, Califomia. The dates and times of the on-site training shall be submitted to the Engineer for approval five working days before the start of the on-site training. The on-site training shall be completed prior to the submittal of the first Baseline Construction Schedule. 6-1 2 5 Schedule Activities. Except for submittal activities, activity durations shall not be shorter than 1 working day nor longer than 15 working days, unless specifically and individually allowed by the Engineer. The Baseline Construction Schedule shall include between 100 and 500 activities, including submittals, interfaces between utility companies and other agencies, project milestones and equipment and material deliveries. The number of activities will be sufficient, in the judgment of the Engineer to communicate the Contractor's plan for project execution, to accurately descnbe the project work and to allow monitoring and evaluation of progress and of time impacts. Each activity's description shall accurately define the work planned for the activity and each activity shall have recognizable beginning and end points. 6-1.2.6 Float. Float or slack time within the schedule is available without charge or compensation to whatever party or contingency first exhausts it. 6-1 2 7 Restraints to Activities. Any submittals, utility interfaces, or any fumishing of Agency supplied materials, equipment, or services, which may impact any activity's construction shall be shown as a restraint to those activities. Time periods to accommodate the review and correction of submittals shall be included in the schedule. 6-1 2 8 Late Completion. A Baseline Construction Schedule showing a project duration longer than the specified contract duration will not be acceptable and will be grounds for determination of default by Contractor, per Section 6-4. 6-1 2 9 Early Completion. The Baseline Constmction Schedule will show the Contractor's plan to support and maintain the project for the entire contractual time span of the project. Should the Contractor propose a project duration shorter than contract duration, a complete Baseline Construction Schedule must be submitted, reflecting the shorter duration, in complete accordance with all schedule requirements of Section 6-1. The Engineer may choose to accept the Contractors proposal of a project duration shorter than the duration specified; provided the Agency is satisfied the shortened Baseline Construction Schedule is reasonable and the Agency and all other entities, public and private which interface with the project are able to support the provisions of the shortened Baseline Construction Schedule. The Agencys acceptance of a shortened duration project will be confirmed through the execution of a contract change order revising the project duration and implementing all contractual requirements including liquidated damages in accordance with the revised duration. 6-1210 Engineer's Review. The Construction Schedule is subject to the review of the Engineer. The Engineer's determination that the Baseline Construction Schedule proposed by the Contractor complies with the requirements of these supplemental provisions shall be a condition precedent to issuance of the Notice to Proceed by the Engineer. If the Engineer determines that the Construction Schedule does not meet the requirements of these specifications the Contractor shall correct the Construction Schedule to meet these specifications and resubmit it to the Engineer. Failure of the Contractor to obtain the Engineer's determination that the initial Construction Schedule proposed by Revised 11/24/10 Contract No. 4003 Page 76 of 102 the Contractor complies with the requirements of these supplemental provisions within thirty (30) working days after the date of the preconstruction meeting shall be grounds for termination of the contract per Section 6-4. Days used by the Engineer to review the initial Construction Schedule will not be included in the 30 working days. The Engineer will review and return to the Contractor, with any comments, the Baseline Construction Schedule within 15 working days of submittal. The Baseline Construction Schedule will be returned marked as per Sections 6-1.2.10.1 through 6-1.2.10.3. 6-1.2.10.1 "Accepted." The Contractor may proceed with the project work upon issuance of the Notice to Proceed, and will receive payment for the schedule in accordance with Section 6-1.8.1. 6-1210 2 "Accepted with Comments." The Contractor may proceed with the project work upon issuance of the Notice to Proceed. The Contractor must resubmit the schedule incorporating the comments prior to receipt of payment per Section 6-1.8.1. 6-1210 3 "Not Accepted." The Contractor must resubmit the schedule incorporating the corrections and changes of the comments prior to receipt of payment per Section 6-1.8.1. The Notice to Proceed will not be issued by the Engineer if the changes of the comments are not submitted as required hereinbefore and marked "Accepted" or "Accepted with Comments" by the Engineer. The Contractor at the sole option of the Engineer, may be considered as having defaulted the contract under the provisions of Section 6-4 DEFAULT BY CONTRACTOR if the changes of the comments are not submitted as required hereinbefore and marked "Accepted" by the Engineer. 6-1 3 Preparation of Schedule Updates and Revisions. The Contractor shall meet with the Engineer during the last week of each month to agree upon each activity's schedule status and shall submit monthly updates of the Baseline Construction Schedule confirming the agreements no later than the fifth working day of the following month. The monthly update will be submitted on hard (paper) copy and electronic media conforming to Section 6-1.3.3 Electronic Media per the submittal requirements of Section 2-5.3 and will include each item and element of Sections 6-1.2 through 6- 1.2.9 and 6-1.3.1 through 6-1.3.7. 6-1 3 1 Actual Activity Dates. The actual dates each activity was started and/or completed during the'month. After first reporting an actual date, the Contractor shall not change that actual date in later updates without specific notification to the Engineer with the update. 6-1 3 2 Activity Percent Complete. For each activity undenway at the end of the month, the Contractor shall report the percentage determined by the Engineer as complete for the activity. 6-1 3 3 Electronic Media. The schedule data disk shall be a CD-ROM, labeled with the project name and number, the Contractor's name and the date of preparation of the schedule data disk. The schedule data disk shall be readable by the software specified in Section 6-1.2.4 Schedule Software" and shall be free of file locking, encryption or any other protocol that would impede full access of all data stored on it. 6-1.3.4 List of Changes. A list of all changes made to the activities or to the interconnecting logic, with an explanation for each change. 6-1 3 5 Change Orders. Each monthly update will include the addition of the network revisions reffecting the change orders approved in the previous month. The network revisions will be as agreed upon during the review and acceptance of the Contractor's change orders. Revised 11/24/10 Contract No. 4003 Page 77 of 102 6-1.3.6 Bar Chart. Each monthly update will include a chart showing individual tasks and their durations arranged with the tasks on the vertical axis and duration on the horizontal axis. The bar chart shall use differing texture patterns or distinctive line types to show the critical path. 6-1.4 Engineer's Review of Updated Construction Schedule. The Engineer will review and return the Updated Construction Schedule to the Contractor, with any comments, within 5 working days of submittal. The Updated Construction Schedule will be retumed marked as per Sections 6-1.4.1 through 6-1.4.3. Any Updated Construction Schedule marked "Accepted with Comments" or "Not Accepted" by the Engineer will be returned to the Contractor for correction. Upon resubmittal the Engineer will review and return the resubmitted Updated Construction Schedule to the Contractor, with any comments, within 5 working days. Failure of the Contractor to submit a monthly updated construction schedule will invoke the same consequences as the Engineer returning a monthly updated construction schedule marked "Not Accepted". 6-1.4.1 "Accepted." The Contractor may proceed with the project work, and will receive payment for the schedule in accordance with Section 6-1.8.2. 6-1.4.2 "Accepted with Comments." The Contractor may proceed with the project work. The Contractor must resubmit the Updated Construction Schedule to the Engineer incorporating the corrections and changes noted in the Engineer's comments prior to receipt of payment per Section 6-1.8.2. 6-1.4.3 "Not Accepted." The Contractor must resubmit the Updated Construction Schedule to the Engineer incorporating the corrections and changes noted in the Engineer's comments prior to receipt of payment per Section 6-1.8.2. The Contractor, at the sole option of the Engineer, may be considered as having defaulted the contract under the provisions of Section 6-4 DEFAULT BY CONTRACTOR if the changes of the comments are not submitted and marked "Accepted" by the Engineer before the last day of the month in which the Updated Construction Schedule is due. If the Contractor fails to submit the corrected Updated Construction Schedule as required herein the Contractor may elect to proceed with the project at its own risk. Should the Contractor elect not to proceed with the project, any resulting delay impact, or disruption to the project will be the Contractor's responsibility 6-1.5 Late Completion or Milestone Dates. Should the Schedule Update indicate a completion or contractually required milestone date later than the properly adjusted contract or milestone duration, the Agency may withhold Liquidated Damages for the number of days late. Should a subsequent "Accepted" Schedule Update remove all or a portion of the delay all or the allocated portion of the previously held Liquidated Damages shall be released in the monthly payment to the Contractor immediately following the "Accepted" schedule. 6-1.6 Interim Revisions. Should the actual or projected progress of the work become substantially different from that depicted in the Project Schedule, independently of and prior to the next monthly update the Contractor will submit a revised Baseline Construction Schedule, with a list and explanation of each change made to the schedule. The Revised Construction Schedule will be submitted per the submittal requirements of Section 2-5.3 and per the schedule review and acceptance requirements of Section 6-1, including but not limited to the acceptance and payment provisions. As used in this section "substantially different" means a time variance greater than 5 percent of the number of days of duration for the project. 6-1.7 Final Schedule Update. The Contractor shall prepare and submit a final schedule update when one hundred percent of the construction work is completed. The Contractor's Final Schedule Update must accurately represent the actual dates for all activities. The final schedule update shall be prepared and reviewed per Sections 6-1.3 Preparation of Schedule Updates and Revisions and 6- Revised 11 /24/10 Contract No. 4003 Page 78 of 102 1 4 Engineer's Review of Updated Construction Schedule. Acceptance of the final schedule update is required for completion of the project and release of any and all funds retained per Section 9-3.2. 6-1 8 Measurement and Payment. Construction Schedule will be paid for at the stipulated lump sum price of thirty thousand dollars ($30,000). The stipulated lump sum price paid for Construction Schedule shall include full compensation for fumishing all labor, materials including, but not limited to the computer hardware and software, tools, equipment, and incidentals; and for doing all the work involved in attending meetings, preparing, fumishing, updating, revising the tabular, bar and flow chart Construction Schedules and narrative reports required by these supplemental provisions and as directed by the Engineer. The Engineer's determination that each and any construction schedule oroDosed bythe Contractor complies with the requirements of these supplemental provisions shall be precedent to each and any payment for the Construction Schedule. Payments for Construction Schedule will be made as per Sections 6-1.8.1 through 6-1.8.3. 6-1 8 1 Initial Payment. Ten thousand dollars ($10,000.00) of the stipulated lump sum bid for the Construction Schedule will be made when the Engineer has accepted a Construction Schedule for this project 6-1 8 2 Monthly Updated Construction Schedule Payments. Monthly Updated Construction Schedule Payments of one thousand dollars ($1,000.00) will be made subsequent to the initial oavment for the Construction Schedule for each monthly Construction Schedule, updated as required herein, that the Engineer has accepted as sufficient within the month that the monthly oroqress payment pertains. No payment shall be made, nor shall any payment accrue, for any monthly updated construction schedule that is not marked "Accepted" by the Engineer on or before the twentieth working day of the month such monthly updated construction schedule is due per Section 6-1 3 Preparation of Schedule Updates and Revisions. The sum of the amounts paid for Construction Schedule during the initial and subsequent payment periods, or extensions to the contract, shall not exceed the stipulated lump sum price for Construction Schedule. 6-1 8 3 Concluding Payment. A Final payment of two thousand dollars ($2,000.00) for the Coris'truction Schedule will be made when both one hundred percent of the contract work is completed and the Engineer has accepted a final construction schedule update prepared and subrnitted by the Contractor as required herein that shows the actual beginning and ending dates and all other data that is required for baseline and update schedules for each activity shown on the baseline construction schedule and updates thereto that the Engineer accepted for this project. 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 orosecute the Work to completion. If the Engineer determines that the Contractor is failing to orosecute the Woric to the proper extent, the Contractor shall, upon orders from the Engineer, immediately take steps to remedy the situation. All costs of prosecuting the Work as described herein shall be included in the Contractor's Bid. Should the Contractor fail to take the necessary steps to fully accomplish said purposes, after orders of the Engineer, the Engineer may suspend the work in whole or part, until the Contractor takes said steps. As soon as possible under the provisions of the Specifications, the Contractor shall backfill all excavations and restore to usefulness all improvements existing prior to the start of the Work. If Work is suspended through no fault of the Agency, all expenses and losses incurred by the Contractor during such suspensions shall be borne by the Contractor. If the Contractor fails to properly provide for public safety, traffic, and protection of the Work during periods of suspension. Revised 11/24/10 Contract No. 4003 Page 79 of 102 the Agency may elect to do so, and deduct the cost thereof from monies due the Contractor. Such actions will not relieve the Contractor from liability. 6-2 1 Order of Work. The work to be done shall consist of furnishing all labor, equipment and materials and performing all operations necessary to complete the Project Work as shown on the Project Plans and as specified in the Specifications. The work includes site grading and drainage, installation of storm drains, water pipelines, sewer pipelines, electrical and gas lines, concrete paving, construction of buildings, concrete walkways, security lighting, penmeter walls, and site preparation and finish grading for landscape irrigation and planting. 6-2 3 Project Meetings. The Engineer will establish the time and location of weekly Project Meetings The Contractor's Representative shall attend each Project Meeting. The Project Representative shall be the individual determined under Sectfon 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 meetfngs will be made. 6-3 SUSPENSION OF WORK. 6-31 General. The Work may be suspended in whole or in part when determined by the Engineer that the suspension is necessary in the interest of the Agency. The Contractor shall comply immediately with any written order of the Engineer. Such suspension shall be without liability to the Contractor on the part of the Agency except as othenwise specified in Section 6-6.3. 6-3 2 Archaeological and Paleontological Discoveries. If discovery is made of items of archaeological or paleontological interest, the Contractor shall immediately cease excavation in the area of discovery and shall not continue untfl ordered by the Engineer. When resumed, excavatfon operations within the area of discovery shall be as directed by the Engineer. Discoveries which may be encountered may include, but not be limited to, dwelling sites, stone implements or other artifacts, animal bones, human bones, and fossils. The Contractor shall be entitled to an extension of time and compensation in accordance with the provisions of Section 6-6. 6-4 DEFAULT BY CONTRACTOR. If the Contractor fails to begin delivery of material and equipment to commence the Work within the time specified, to maintain the rate of delivery of material to execute the Work In the manner and at such locations as specified, or fails to maintain the Work schedule which will insure the Agencys interest, or, if the Contractor is not carrying out the intent of the Contract, the Agency may serve written notice upon the Contractor and the Surety on its Faithful Performance Bond demanding satisfactory compliance with the Contract. The Contract may be canceled by the Board without liability for damage, when in the Board's opinion the Contractor is not complying in good faith, has become insolvent, or has assigned or subcontracted any part of the Work without the Board's consent. In the event of such cancellation, the Contractor will be paid the actual amount due based on Contract Unit Prices or lump sums bid and the quantity of the Work completed at the time of cancellation, less damages caused to the Agency by acts of the Contractor. The Contractor, in having tendered a Bid, shall be deemed to have waived any and all claims for damages because of cancellatfon 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. Revised 11/24/10 Contract No. 4003 Page 80 of 102 If the Surety assumes any part of the Work, it shall take the Contractor's place in all respects for that part and shall be paid by the Agency for all work performed by it in accordance with the Contract. If the Surety assumes the entire Contract, all money due the Contractor at the tfme of its default shall be payable to the Surety as the Work progresses, subject to the terms of the Contract. If the Surety does not assume control and perform the Work within 5 days after receiving notice of cancellatfon, or fails to contfnue 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 completfng 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 insuftfcient 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 Specifications. No extension of time will be granted for a delay caused by the Contractor's inability to obtain materials unless the Contractor fumishes to the Engineer documentary proof, the proof must be provided in a timely manner in accordance with the sequence of the Contractor's operations and the approved construction schedule. If delays beyond the Contractor's control are caused by events other than those mentioned above, the Engineer may deem an extension of time to be in the best interests of the Agency. The Contractor will not be entitled to damages or additfonal payment due to such delays, except as provided in Sectfon 6-6.3. If delays beyond the Contractor's control are caused solely by action or inactfon by the Agency, such delays will entitle the Contractor to an extension of tfme as provided in Section 6-6.2. 6-6.2 Extensions of Time. Extensions of time, when granted, will be based upon the effect of delays to the Work. They will not be granted for noncontrolling delays to minor portions of the Work unless it can be shown that such delays did or will delay the progress of the Work. 6-6.3 Payment for Delays to Contractor. The Contractor will be compensated for damages incurred due to delays for which the Agency is responsible. Such actual costs will be determined by the Engineer. The Agency will not be liable for damages which the Contractor could have avoided by Revised 11/24/10 Contract No. 4003 Page 81 of 102 any reasonable means, such as judicious handling of forces, equipment, or plant. The determination of what damages the Contractor could have avoided will be made by the Engineer. 6-6 4 Written Notice and Report. The Contractor shall provide written notice to the Engineer within two hours of the beginning of any period that the Contractor has placed any workers or equipment on standby for any reason that the Contractor has determined to be caused by the Agency or by any organization that the Agency may othenwise be obligated by The Contractor shall provide continuing daily written notice to the Engineer, each working day throughout the duration of such period of delay The initial and continuing written notices shall include the classificatfon of each workman and supervisor and the make and model of each piece of equipment placed on standby the cumulative duration of the standby the Contractor's opinion of the cause of the delay and a cogent explanation of why the Contractor could not avoid the delay by reasonable means. Should the Contractor fail to provide the notice(s) required by this section the Contractor agrees that no delay has occurred and that it will not submit any claim(s) therefore. 6-7 TIME OF COMPLETION. 6-7.1 General. The Contractor shall complete the Work within the time set forth in this paragraph. The Contractor shall complete each portion of the Work within such time as set forth. The tfme of completion of the Contract shall be expressed in working days The Contractor shall diligently prosecute the work to completion within 260 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 Sectfon 6-1 and the date provided for completion, or upon field acceptance by the Engineer for all work provided for in the Contract, whichever occurs first, other than: 1. Saturday, 2. Sunday, 3. any day designated as a holiday by the Agency, 4 any other day designated as a holiday in a Master Labor Agreement entered into by the Contractor or on behalf of the Contractor as an eligible member of a contractor association, 5. any day the Contractor is prevented from working at the beginning of the workday for cause as defined in Section 6-6.1, -.^ ^ , • 6. any day the Contractor is prevented from working during the first 5 hours with at least 60 percent of the normal work force for cause as defined in Section 6-6.1. Unless 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 wori< outside said hours or at any time during weekends and/or holidays. This written permission must be obtained at least 48 hours prior to such work The Engineer may approve work outside the hours and/or days stated herein when, in his/her sole opinion, such work conducted by the Contractor is beneficial to the best interests of the Agency The Contractor shall pay the inspection costs of such work. 6-7 3 Contract Time Accounting. The Engineer will make a daily determination of each working day to be charged against the Contract time. These determinations will be discussed and the Contractor will be furnished a periodic statement showing allowable number of working days of Contract time as adjusted, at the beginning of the reporting period. The statement will also indicate the number of working days charged during the reporting period and the number of working days of Contract time remaining. If the Contractor does not agree with the statement, it shall file a wntten 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. 4003 Page 82 of 102 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY. The Work will be inspected by the Engineer for acceptance upon receipt of the Contractor's written assertion that the Work has been completed. The Engineer will not accept the Work or any portion of the Work before all of the Work is completed and all outstanding deficiencies that may exist are corrected by the Contractor and the Engineer is satisfied that all the materials and workmanship, and all other features of the Work, meet the requirements of all of the speclficatfons 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 "Notfce 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 Contractors sureties shall be liable for the cost thereof. 6-9 LIQUIDATED DAMAGES. Failure of the Contractor to complete the Work within the time allowed will result in damages being sustained by the Agency. For each consecutive calendar day in excess of the time specified for completion of Work, as adjusted in accordance with Section 6-6, the Contractor shall pay the Agency or have withheld monies due it, the sum of Two Thousand Dollars ($2,000.00). Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due the Contractor if such delay occurs. Execution of the Contract shall constitute agreement by the Agency and Contractor that $2,000.00 per day is the minimum value of costs and actual damages caused by the Contractor to complete the Work within the allotted time. Any progress payments made after the specified completion date shall not constitute a waiver of this paragraph or of any damages. 6-10 USE OF IMPROVEMENT DURING CONSTRUCTION. The Agency reserves the right to take over and utilize all or part of any completed facility or appurtenance. The Contractor will be notified in writing In advance of such action. Such action by the Agency will relieve the Contractor of responsibility for injury or damage to said completed portions of the improvement resulting from use by public traffic or from the action of the elements or from any other cause, except Contractor operations or negligence. The Contractor will not be required to reclean such portions of the improvement before field acceptance, except for cleanup made necessary by its operations. Nothing in this section shall be construed as relieving the Contractor from full responsibility for correcting defective work or materials. In the event the Agency exercises its right to place into sen/ice and utilize all or part of any completed facility or appurtenance, the Agency will assume the responsibility and liability for injury to persons or property resulting from the utilization of the facility or appurtenance so placed into service, except for any such injury to persons or property caused by any willful or negligent act or omission by the Contractor, Subcontractor, their officers, employees, or agents. Revised 11/24/10 Contract No. 4003 Page 83 of 102 SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7 1 CONTRACTOR'S EQUIPMENT AND FACILITIES. The Contractor shall furnish and maintain in qood condition all equipment and facilitfes as required for the proper executfon and inspection of the Work. Such equipment and facilities shall meet all requirements of applicable ordinances and laws. 7-2 LABOR. 7-2 1 General. Only competent workers shall be employed on the Work. Any person employed who is found to be incompetent, intemperate, troublesome, disorderly or othenwise objectionable or who fails or refuses to perform work properly and acceptably, shall be immediately removed from the Work by the Contractor and not be reemployed on the Work. 7-2 2 Laws The Contractor, its agents, and employees shall be bound by and comply with applicable provisions of the Labor Code and Federal, State, and local laws related to labor. The Contractor shall strictly adhere to the provisions of the Labor Code regarding minimum wages; the 8-hour day and 40-hour week; overtime; Saturday, Sunday and holiday work; and nondiscnmina- tion because of race, color, natfonal origin, sex, or religion. The Contractor shall forfeit to the Agency the penalties prescribed in the Labor Code for violatfons. In accordance with the Labor Code, the Board has on tfie 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 bythe collective bargaining agreement on file with the State of California Department of Industrial Relations. The Contractor's attentfon is directed to Section 1776 of the Labor Code which imposes resDonsibility upon the Contfactor for the maintenance, certification, and availability for inspection of such records for all persons employed by the Contractor or Subcontractor in connection with the project. The Contractor shall agree through the Contract to comply with this Section and the remaining provisions of the Labor Code. 7-3 LIABILITY INSURANCE. Insurance shall be required as specified in section 10 of the Public Works Contract. The cost of this insurance shall be included In the Contractor's Bid. 7-4 WORKERS' COMPENSATION INSURANCE. Before execution of the Contract by the Board, the Contractor shall file with the Engineer the following signed certification: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." The Contractor shall also comply with Sectfon 3800 of the Labor Code by securing, paying for, and maintaining in full force and effect for the duratfon of the contract, complete Workers' Compensation Insurance and shall fumish a Certificate of Insurance to the Engineer before execution of the Contract The Agency, its officers, or employees, will not be responsible for any claims in law or equity occasioned by failure of the Contractor to comply with this paragraph. Revised 11/24/10 Contract No. 4003 Page 84 of 102 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 Califomia and are listed in the official publicatfon of the Department of Insurance of the State of California. Policies issued by the State Compensation Fund meet the requirement for workers' compensation insurance. 7-5 PERMITS. Except as specified herein the Contractor will obtain, at no cost to the 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 compensatfon will be allowed therefore The Contractor shall obtain and pay for all costs incurred for permits necessitated by its operatfons 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 operatfons, 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. There are no Resource Agency permits for this Project. 7-6 THE CONTRACTOR'S REPRESENTATIVE. Before starting work, the Contractor shall designate in writing a representative who shall have complete authority to act for it. An alternative representative may be designated as well. The representative or alternate shall be present at the Work site whenever work is in progress or whenever actions of the elements necessitate its presence to take measures necessary to protect the Work, persons, or property. Any order or communication given to this representative shall be deemed delivered to the Contractor. A joint venture shall designate only one representative and alternate. In the absence of the Contractor or its representative instructions or directions may be given by the Engineer to the superintendent or person in charge of the specific work to which the order applies. Such order shall be complied with promptly and referred to the Contractor or its representative. In order to communicate with the Agency, the Contractor's representative, superintendent, or person in charge of specitfc work shall be able to speak, read, and write the English language. 7-7 COOPERATION AND COLLATERAL WORK. The Contractor shall be responsible for ascertaining the nature and extent of any simultaneous, collateral, and essential work by others. The Agency, its workers and contractors and others, shall have the right to operate within or adjacent to the Work site during the performance of such work. The Agency, the Contractor, and each of such workers, contractors and others, shall coordinate their operations and cooperate to minimize interference. The Contractor shall include in its Bid all costs involved as a result of coordinating its work with others The Contractor will not be entitled to additional compensatfon from the Agency for damages resulting from such simultaneous, collateral, and essentfal work. If necessary to avoid or minimize such damage or delay, the Contractor shall redeploy its work force to other parts of the Work. Revised 11/24/10 Contract No. 4003 Page 85 of 102 Should the Contractor be delayed by the Agency, and such delay could not have been reasonably foreseen or prevented by the Contractor, the Engineer will determine the extent of the delay, the effect on the project, and any extension of time. 7-7 1 Coordination. The Contractor shall coordinate and cooperate with all the utility companies during the relocation or construction of their lines. The Contractor may be granted a time extension if, in the opinion of the Engineer, a delay is caused by the utflity company No additional compensation will be made to the Contractor for any such delay 7-8 PROJECT SITE MAINTENANCE. 7-81 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 spnnkling 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 Speclficatfons, 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 satfsfactory 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 excavatfon material from catch basins or similar structures shall be removed from the site immediately. Sufficient material may remain for use as backfill if permitted by the Speciffcations. Forms and form lumber shall be removed from the site as soon as practicable after stripping. Failure of the Contractor to comply with the Engineer's cleanup orders may result in an order to suspend work until the condition is corrected. No additional compensation will be allowed as a result of such suspension. Cleanup and dust control required herein shall also be executed on weekends and other non-working days when needed to preserve the health safety or welfare of the public. The Contractor shall conduct effective cleanup and dust control throughout the duration of the Contract The Engineer may require increased levels of cleanup and dust control that, in his/her sole discretion are necessary to preserve the health, safety and welfare of the public. Cleanup and dust control shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. 7-8 2 Air Pollution Control. The Contractor shall not discharge smoke, dust, or any other air contaminants into the atmosphere in such quantity as will violate the regulations of any legally constituted authority. 7-8 3 Vermin Control. At the time of acceptance, structures entirely constructed under the Contract shall be free of rodents, insects, vermin, and pests. Necessary extermination work shall be arranged and paid for by the Contractor as part of the Work within the Contract time, and shall be performed by a licensed exterminator in accordance with requirements of governing authonties. The Revised 11/24/10 Contract No. 4003 Page 86 of 102 Contractor shall be liable for injury to persons or property and responsible for the elimination of offensive odors resultfng from extermination operations. 7-8.4 Sanitation. The Contractor shall provide and maintain enclosed toilets for the use of employees engaged in the Work. These accommodations shall be maintained in a neat and sanitary condition. They shall also comply with all applicable laws, ordinances, and regulations pertaining to public health and sanitatfon of dwellings and camps. Wastewater shall not be interrupted. Should the Contractor disrupt existfng sewer facilitfes, 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 rerriove 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 concemed. The Contractor shall obtain a construction meter for water used for the constfuction, plant establishment, maintenance, cleanup, testfng and all other work requiring water related to this contract. The Contractor shall contact the appropriate water agency for requirements. The Contractor shall pay all costs of temporary light, power and water including hookup, service, meter and any and all, other charges, deposits and/or fees therefore. Said costs shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. 7-8.6 Water Pollution Control. The Contractor shall exercise every reasonable precaution to protect channels, storm drains, and bodies of water from pollution. It shall conduct and schedule operations so as to minimize or avoid muddying and silting of said channels, drains, and waters. Water pollution control work shall consist of constructing those facilities which may be required to provide prevention, control, and abatement of water pollution. The Contractor shall comply with the California State Water Resources Control Board (SWRCB) Order Number 99-08-DWQ, National Pollutant Discharge Elimination System (NPDES) General Permit Number CAS000002, Waste Discharge Requirements (WDR's) for Discharges of Stormwater Runoff associated with Construction Activity (General Permit) and subsequent adopted modifications and with all requirements of the Storm Water Pollution Prevention and Monitoring Plans for this project in accordance with these regulations. The Contractor shall prepare a Storm Water Pollutfon Prevention Plan (SWPPP) in accordance with Technical Specification Section 02372. The Contractor shall be responsible for the preparation and implementation of the SWPPP and coordination with the City and the Regional Water Quality Control Board San Diego Region. All costs for preparing and implementing the Storm Water Pollution Prevention and Monitoring Plans for this project and coordination with the City and the Regional Water Quality Control Board, San Diego Region, shall be included as part of the contract price bid. The lump sum amount shall include all work required to conform to the SWPPP for the project and inclusion of any BMP's required by the SWPPP. The City prepared and filed a Notice of Intent (NOI) with the State Water Resources Control Board. The Contractor will provide the City all information necessary for the NOI within ten (10) calendar days of Contract award. 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, asphaltfc Revised 11 /24/10 Contract No. 4003 Page 87 of 102 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 combustfon engines used in the construction shall be equipped with mufflers in good repair when in use on the project with special attentfon to the City Noise Control Ordinance, Carisbad Municipal Code Chapter 8.48. 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS. The Contractor shall be responsible for the protectfon of public and private property adjacent to the Work and shall exercise due caution to avoid damage to such property. The Contractor shall repair or replace all existfng improvements within the right-of-way which are not designated for removal (e.g., curbs, sidewalks, driveways, fences, walls, signs, utflity installations, pavement structures, etc.) which are damaged or removed as a result of its operations. When a portion of a sprinkler system within the right-of-way must be removed, the remaining lines shall be capped. Repairs and replacements shall be at least equal to existing improvements and shall match them in ftnish 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 neariy the original condition and location as is reasonably possible. Lawns shall be reseeded and covered with suitable mulch. The Contractor shall give reasonable notice to occupants or owners of adjacent property to permit them to salvage or relocate plants, trees, fences, sprinklers, and other improvements, within the right-of-way which are designated for removal and would be destroyed because of the Work. All costs to the Contractor for protecting, removing, and restoring existing improvements shall be included in the Bid. 7-10 PUBLIC CONVENIENCE AND SAFETY. 7-10 1 Traffic and Access. The Contractor's operatfons shall cause no unnecessary inconvenience. The "access rights of the public shall be considered at all times. Unless othenwise authorized, traffic shall be permitted to pass through the Work, or an approved detour shall be provided. Safe and adequate pedestrian and vehicular access shall be provided and maintained to: fire hydrants- commercial and industrial establishments; churches, schools and parking lots; service stations and motels; hospitals; police and fire stations; and establishments of similar nature. Access to these facilities shall be continuous and unobstructed unless othenwise approved by the Engineer. Safe and adequate pedestrian zones and public transportation stops, as well as pedestrian crossings of the Work at intervals not exceeding 90 m (300 feet), shall be maintained unless othenwise approved by the Engineer. Vehicular access to residential driveways shall be maintained to the property line except when necessary constructfon precludes such access for reasonable periods of tfme. 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. Revised 11 /24/10 Contract No. 4003 Page 88 of 102 The Contractor shall cooperate with the various parties involved in the delivery of mail and the collection and removal of trash and garbage to maintain existing schedules for these services. Grading operations, roadway excavation and fill construction shall be conducted by the Contractor in a manner to provide a reasonably satisfactory surface for traffic. When rough grading is completed, the roadbed surface shall be brought to a smooth, even condition satisfactory for traffic. Unless othenwise authorized, work shall be performed in only one-half the roadway at one 1.ime. One half shall be kept open and unobstructed until the opposite side is ready for use. If one-half a street only is being improved, the other half shall be conditioned and maintained as a detour. The Contractor shall schedule the work so as to prevent damage by all traffic, including but not limited to mail delivery. The Contractor shall not schedule work so as to conflict with trash pickup. The trash hauling schedule can be obtained by calling the Citys 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 overlaid sufficient paved parking within an 800 foot distance from their homes or businesses. Seventy-two hours prior to the start of any construction in the public right-of-way that affects vehicular traffic and/or parking or pedestrian routes, the Contractor shall give written notification of the impending disruption. For a full street closure, all residences and/or businesses on the affected street or alley shall be notified. For partial street closures, or curb, sidewalk and driveway repairs, the residences and/or businesses directly affected by the work shall be notified. The notification shall be hand delivered and shall state the date and time the work will begin and its anticipated duration. The notification shall list two telephone numbers that may be called to obtain additfonal 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 oroiect At least one of the phone numbers shall be in the (760) area code. An answenng machine shall not be connected to either number. The notification shall also give a brief description of the work and simple instructions to the home or business owner on what they need to do to facilitate the construction. The Contractor shall submit the contents of the notification to the Engineer for approval. Notices shall not be distributed untfl approved by the Engineer. For residences, the notitfcation 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 'nches and shaN be brightly colored with contrastfng printing. The material shall be equivalent in strength and durability to 65 lb. card stock. The printfng on the notfce shall be no smaller than 12 point. An example of such notice is provided in Appendix "A". In addition to the notifications, the contractor shall post no parking signs 72 hours in advance of the work being performed. The no parking signs shall state the date and time of parking restriction for a duration not to exceed the time necessary to complete the work at that location. Failure of the contractor to meet the posted date requires re-posting the no parking signs 72 hours in advance of the rescheduled work. If the work is delayed or rescheduled the no parking signs shall be removed and re-posted 72 hours in advance of the rescheduled work. The preparation, materials, printing and distribution of the notifications shall be included in the contract price bid for traffic control and the Contractor will not be entitled to any additional compensation for printing and distributing these notfces. The contractor shall replace all street markings and striping damaged by construction activities. W Revised 11/24/10 Contract No. 4003 Page 89 of 102 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. The Contractor shall comply with all applicable State, County and City requirements for closure of streets. The Contractor shall provide barriers, guards, lights, signs, temporary bridges, flagpersons, and watchpersons. The Contractor shall be responsible for compliance with additfonal public safety requirements which may arise. The Contractor shall furnish and install signs and warning devices and promptly remove them upon completion of the Work. . ^ ^ . After obtaining the Engineers approval and at least 5 working days before closing, detounng, partially closing or reopening any street, alley or other public thoroughfare the Contractor shall notify the following: 1) The Engineer (760)602-2720 2) Carlsbad Fire Department Dispatch (760) 931-2197 3) Carlsbad Police Department Dispatch (760)931-2197 4) Carisbad Traffic Signals Maintenance (extension 2937) (760) 438-2980 5) Carlsbad Traffic Signals Operations (760) 602-2752 6) North County Transit District (760)967-2828 7) Waste Management (760)929-9400 The Contractor shall comply with their requirements. The Contractor shall obtain the Engineer's written approval prior to deviating from the requirements of 2) through, and including, 7) above. The Contractor shall obtain the written approval no less than five working days prior to placing any traffic control that affects bus stops. The Contractor shall secure approval, in advance, from authoritfes concerned for the use of any bridges proposed by it for public use. Temporary bridges shall be clearly posted as to load limit, with signs and posting conforming to current requirements covering "signs" as set forth in the Traffic Manual published by the California Department of Transportatfon. This manual shall also apply to the street closures, barricades, detours, lights, and other safety devices required. All costs involved shall be included in the Bid. Traffic controls shall be in accordance with the plans. The California Manual on Uniform Traffic Control Devices (FHWA MUTCD 2003 Revision 1, as amended for use in California) and these provisions If any component in the traffic control system is damaged, displaced, or ceases to operate or functfon as specified, from any cause, during the progress of the work, the Contractor shall immediately repair said component to its original condition or replace said component and shall restore the component to its original location. In the event that the Contractor fails to install and/or maintain barricades or such other traffic signs, markings, delineation or devices as may be required Revised 11 /24/10 Contract No. 4003 Page 90 of 102 herein the Engineer may at his/her sole option, install the traffic signs, markings, delineatfon or device's and charge the Contractor twenty dollars ($25.00) per day per traffic sign or device, or the actual cost of providing such traffic control facility whichever is the greater. 7-10.3.1 Construction Area Signs and Control Devices. All constructfon traffic signs and control devices shall be maintained throughout the duration of work in good order and according to the approved traffic control plan. All construction area signs shall conform to the provisions of Section 206-7.2 et seq. All temporary reflective pavement markers shall conform to the provisions of Section 214-5^1.et seq. All temporary reflective channelizers shall conform to the provisions of Sectfon 214- 5 2 et seq All paint for temporary traffic striping, pavement marking, and curb marking shall conform to the provisions of Section 210-1.6 et seq. except that all temporary paint shall be rapid dry water borne conforming to Section 210-1.6 for materials and Section 310-5 et seq. For workmanship. Warning and advisory signs, lights and devices installed or placed to provide traffic control, direction and/or waming shall be fumished, installed and maintained by the Contractor. Waming and advisory signs lights and devices shall be promptly removed by the Contractor when no longer required. Warning and advisory signs that remain in place overnight shall be statfonary mounted signs. Stationary signs that warn of non-existent conditions shall be removed from the traveled way and from the view of motorists in the traveled way or shielded from the view of the traveling public dunng such periods that their message does not pertain to existing conditfons. Care shall be used in performing excavation for signs in order to protect underground facilities. All excavation required to install stationary construction area signs shall be performed by hand methods without the use of power equipment. Waming and advisory signs that are used only during working hours may be portable signs. Portable signs shall be removed from the traveled way and shielded from the view of the traveling public during non-working hours. During the hours of darkness, as defined in Division 1, Section 280, of the Califomia Vehicle Code, portable signs shall be illuminated or, at the option of the Contractor shall be in conformance with the provisions in Section 206-7.2 et seq. If illuminated traffic cones rather than post-type delineators are used during the hours of darkness, they shall be affixed or covered with reflective cone sleeves as specified in CALTRANS "Standard Specifications", except the sleeves shall be 7" long. Personal vehicles of the Contractor's employees shall not be parked within the traveled way including any Section closed to public traffic. Whenever the Contractor's vehicles or equipment are parked on the shoulder within 6' of a traffic lane, the shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taper in advance of the parked vehicles or equipment and along the edge of the pavement at not less than 25' intervals to a point not less than 25' past the last vehicle or piece of equipment. A minimum of nine (9) cones or portable delineators shall be used for the taper. A W20-1 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted, as required herein, on a signpost or telescoping flag tree with flags. The signpost or flag tree shall be placed where directed by the Engineer. 7-10.3.2 Maintaining Traffic. The Contractor's personnel shall not work closer than 6-feet, nor operate equipment within 2-feet from any traffic lane occupied by traffic. For equipment the minimum acceptable shy distance, 2-feet shall be measured from the closest approach of any part of the equipment as it is operated and/or maneuvered in performing the work. This requirement may be waived when the Engineer has given written authorization to the reduction in clearance that is specific to the time, duration and location of such waiver, when such reductfon is shown on the traffic control plans included in these contract documents, when such reductfon is shown on the traffic control plans prepared by the Contractor and approved by the Engineer or for the work of installing, maintaining and removing traffic control devices. As a conditfon of such waiver the Engineer may require the Contractor to detour traffic, adjust the width of, or realign the adjacent traffic lane, close the adjacent traffic lane or provide barriers. During the entfre construction, a minimum of one paved traffic lane, not less than 12-feet wide, shall be open for use by public traffic in each direction of travel. Revised 11/24/10 Contract No. 4003 Page 91 of 102 7-10.3.3 Traffic Control System for Lane Closure. A traffic control system consists of closing traffic lanes or pedestrian walkways in accordance with the details shown on the plans, California Manual on Uniform Traffic Control Devices (FHWA MUTCD 2003 Revision 1, as amended for use in California) and provisions under "Maintaining Traffic" elsewhere in these Provisions. The provisions in this section will not relieve the Contractor from its responsibility to provide such additional devices or take such measures as may be necessary to maintain public safety. When lanes are closed for only the duration of work periods, all components of the traffic control system except portable delineators placed along open trenches or excavation adjacent to the traveled way shall be removed from the traveled way and shoulder at the end work period. If the Contractor so elects, said components may be stored at selected central locations, approved by the Engineer, within the limits of the right-of-way 7-10 3 4 Traffic Control for Permanent and Temporary Traffic Striping. During traffic stripe operations traffic shall be controlled with lane closures, as provided for under "Traffic Control System for Lane Closure" of these Supplemental Provisions or by use of an alternative traffic control plan proposed by the Contractor and approved by the Engineer. The Contractor shall not start traffic striping operations using an alternative plan until the Contractor has submitted its plan to the Engineer and has received the Engineer's written approval of said plan. 7-10 3.5 Temporary Pavement Delineation. Temporary pavement delineation shall be furnished, placed maintained and removed in accordance with the minimum standards specified in the Calitornia Manual on Uniform Traffic Control Devices (FHWA MUTCD 2003 Revision 1, as amended for use in California) published by CALTRANS. Whenever the work causes obliteration of pavement delineation, temporary or permanent pavement delineation shall be in place prior to opening the traveled way to public traffic. Lane line or centerline pavement delineatfon shall be provided at all times for traveled ways open to public traffic. All work necessary, including any required lines or marks, to establish the alignment of temporary pavement delineation shall be performed by the Contractor. When temporary pavement delineation is removed, all lines and marks used to establish the alignment of the temporary pavement delineatfon shall be removed by grinding. Surfaces to receive temporary pavement delineation shall be dry and free of dirt and loose material. Temporary pavement delineation shall not be applied over existfng pavement delineation or other temporary pavement delineatfon. Temporary pavement delineatfon shall be maintained untfl superseded or replaced with permanent pavement delineation. Temporary pavement delineatfon shall be removed when, as determined by the Engineer, the temporary pavement delineation conflicts with the permanent pavement delineation or with a new traffic pattern for the area and is no longer required for the direction of public traffic. When temporary pavement delineation is required to be removed, all lines and marks used to establish the alignment of the temporary pavement delineation shall be removed. 7-10 3 6 Preparation of New, or Modifications and Additions to Existing, Traffic Control Plan Sheets. If no traffic control plans (TCP) or Traffic Control Staging plans (TCP) are included in the project plans or if the Contractor elects to modify TCP included in the project plans, the Contractor shall have such new or modified TCP prepared and submitted as a part of the Work for any and all construction activities that are located within the traveled way The Contractor shall have TCP prepared and submitted as a part of the Work for any construction activities that are a part of this project that are not included in the project plans. The Contractor must submit the TCP tor the Engineer's review in conformance with the requirements of Section 2-5.3, et seq. and obtain the Engineer's approval of the TCP prior to implementfng them. The minimum 20-day review penod specified in Section 2-5.3.1 for shop drawings and submittals shall pertain to each submittal of TCP, W Revised 11/24/10 Contract No. 4003 Page 92 of 102 new modified or added to, for the Engineer's review. New or revised TCP submittals shall include all TCP needed for the entfre duration of the Work. Each phase of the TCP shall be shown in sufficient scale and detail to show the lane widths, transitfon lengths, curve radii, statfoning of features affecting the traffic control plan and the methodology proposed to transition to the subsequent TCP phase. When the vertical alignment of the traveled surface differs from the finished pavement elevation vertical curves must also be shown. Such modifications, supplements and/or new design of TCP shall meet the requirements of the Engineer and the California Manual on Uniform Traffic Control Devices (FHWA MUTCD 2003 Revision 1, as amended for use in California) as published by CALTRANS. Such modification, addition, supplement, and/or new design of TCP shall be prepared by a registered professional engineer appropriately registered in the State of California The Engineer shall be the sole judge of the suitability and quality of any such modifications, supplements, and/or new designs to TCP. The Engineer may approve any such modifications, supplements, and/or new designs to the TCP when, in the Engineer's sole opinion, such modifications, supplements, and/or new designs to the TCP prepared by the registered professional engineer retained by the Contractor will be beneficial to the best interests of the Agency Such modification, addition, supplement, and/or new design shall not be implemented and no work shall be commenced that is contingent on such approval untfl the changed TCP are approved by the Engineer. The preparation of such modification, addition, supplement, and/or new designs of TCP shall not presuppose their approval or obligate the Agency in any fashion. Submittal and review requirements for such moditfcatfons, supplements, and/or new designs to TCP shall conform to the requirements of Section 2-5.3 Shop Drawings and Submittals. 7-10.3.7 Payment. The Contractor shall prepare and implement traffic control plans and shall furnish all labor and materials to perform, install, maintain, replace and remove all traffic control as incidentals to the work with which they are associated and no other compensation will be allowed therefore. 7-10.4 Safety. 7-10.4.1 Safety Orders. The Contractor shall have at the Work site, copies or suitable extracts of: Construction Safety Orders, Tunnel Safety Orders and General Industry Safety Orders issued by the State Division of Industrial Safety. The Contractor shall comply with provisions of these and all other applicable laws, ordinances, and regulations. Before excavating any trench 5 feet or more in depth, the Contractor shall submit a detailed plan to the Agency showing the design of shoring, bracing, sloping, or other provisions to be made for the workers' protection from the hazard of caving ground during the excavation of such trench. If the plan varies from the shoring system standards, the plan shall be prepared by a registered Civil Engineer. No excavation shall start until the Engineer has accepted the plan and the Contractor has obtained a permit from the State Division of Industrial Safety. A copy of the permit shall be submitted to the Engineer. Payment for performing all work necessary to provide safety measures shall be included in the prices bid for other items of work except where separate bid items for excavation safety are provided, or required by law. 7-10.4.2 Use of Explosives. Explosives may be used only when authorized in writing by the Engineer, or as othenwise stated in the Specifications. Explosives shall be handled, used, and stored in accordance with all applicable regulations. The Engineer's approval of the use of explosives shall not relieve the Contractor from liability for claims caused by blastfng operatfons. Additfonal requirements regarding blastfng are included in Technical Specification Sectfon 01210 and Section 02300. Revised 11 /24/10 Contract No. 4003 Page 93 of 102 7-10.4.3 Special Hazardous Substances and Processes. Materials that contain hazardous substances or mixtures may be required on the Work. A Material Safety Data Sheet as described in Section 5194 of the California Code of Regulations shall be requested by the Contractor from the manufacturer of any hazardous products used. Material usage shall be accomplished with strict adherence to California Division of Industrial Safety requirements and all manufacturer warnings and application instructions listed on the Material Safety Data Sheet and on the product container label. The Contractor shall notify the Engineer if a specified product cannot be used under safe conditions. 7-10.4.4 Confined Spaces. (a) Confined Space Entry Program. The Contractor shall be responsible for implementing, administering and maintaining a confined space entry program (CSEP) in accordance with Sections 5156, 5157 and 5158, Titfe 8, CCR. Prior to starting the Work, the Contractor shall prepare and submit its comprehensive CSEP to the Engineer. The CSEP shall address all potential physical and environmental hazards and contain procedures for safe entry into confined spaces, including, but not limited to the following: 1. Training of personnel 2. Purging and cleaning the space of materials and residue 3. Potential isolation and control of energy and material inflow 4. Controlled access to the space 5. Atmospheric testfng 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 responsibilitfes, 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 deftned in Section 5157, Title 8, CCR may be required as a part of the Work. All manholes, tanks, vaults, pipelines, excavations, or other enclosed or partially enclosed spaces shall be considered permit- required confined spaces until the pre-entry procedures demonstrate othenwise. The Contractor shall implement a permit space program prior to performing any work in a permit-required confined space. A copy of the permit shall be available at all times for review by Contractor and Agency personnel at the Work site. (c) Payment. Payment for implementing, administering, and providing 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 tfmes, as required by the conditfons and progress of the work, all necessary safeguards for the protection of workers and public, and shall use danger signs warning V Revised 11/24/10 Contract No. 4003 Page 94 of 102 against hazards created by such features of construction as protruding nails, hoists, well holes, and falling materials. 7-11 PATENT FEES OR ROYALTIES. The Contractor shall absorb in its Bid the patent fees or royalties on any patented article or process furnished or used in the Work. The Contractor shall indemnify and hold the Agency harmless from any legal action that may be brought for infringement of patents. 7-12 ADVERTISING. The names, addresses and specialties of Contractors, Subcontractors, architects, or engineers may be displayed on removable signs. The size and location shall be subject to the Engineer's approval. Commercial advertising matter shall not be attached to or painted on the surfaces of buildings, fences, canopies, or barricades. 7-13 LAWS TO BE OBSERVED. The Contractor shall keep fully informed of State and National laws and County and Municipal ordinances and regulations which in any manner affect those employed in the Work or the materials used in the Work or in any way affect the conduct of the Work. The Contractor shall at all times observe and comply with such laws, ordinances, and regulations. Municipal ordinances that affect this work include Chapter 11.06. Excavation and Grading. If this notice specifies locatfons or possible materials, such as borrow pits or gravel beds, for use in the proposed construction project which would be subject to Sectfon 1601 or Sectfon 1603 of the Fish and Game Code, the conditions established pursuant to Section 1601 et seq. of the Fish and Game Code shall become conditfons of the contract. 7-14 ANTITRUST CLAIMS. Section 7103.5 of the Public Contract Code provides: "In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec 15) or Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or subcontract. The assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment of the parties." Revised 11 /24/10 Contract No. 4003 Page 95 of 102 SECTION 8 - FACILITIES FOR AGENCY PERSONNEL 8-1 GENERAL. All facilities provided for Agency personnel shall be at suitable locations approved by the Engineer. Such facilities must be in a room, building, or trailer provided for this purpose with acceptable means for locking. A Class "A" Field Office in accordance with Section 8-2.1 shall be provided at any offsite plant facility furnishing pipe subject to Agency inspection during manufacture. A Field Laboratory in accordance with Section 8-3.1 shall be provided at any offsite or project site plant facility furnishing Portland cement concrete or asphalt paving material. Any other facilities for Agency personnel shall be provided only when required by the Specifications. Offices and laboratories at plants may be used concurrently by inspection personnel of other agencies provided such use does not seriously conflict with Agency use. When facilities are shared in this manner, at least one locker provided with a hasp for a padlock must be available for the exclusive use of Agency inspectors. Othenwise any facilities furnished are for the exclusive use of Agency personnel. All facilities shall conform to the applicable codes, ordinances, and regulations of the local jurisdiction and of the State of California, and shall conform to current practice. The interior shall be paneled or suitably lined to provide a facility of good appearance. The Contractor shall provide janitorial and other maintenance services in all types of facilities provided. Such sen/ices shall include the supply of the appropriate paper products and dispensers. Trash receptacles shall be provided and emptied by the Contractor at weekly intervals or sooner as required. The trash shall be removed from the project site. All costs to furnish, maintain, service, and remove the specified facilities at the project site shall be included in the price bid for such facilities. If no bid item is provided in the proposal, costs shall be included in other items for which bids are entered. The first progress payment will not be approved until all facilities are in place and fully comply with the Specifications. 8-2 FIELD OFFICE FACILITIES. 8-2.1 Class "A" Field Office. Contractor shall furnish the Engineer a "Class A" Field Office. The field office shall be for the exclusive use of the Engineer and such other individuals that the Engineer may designate. The field office shall be a separate structure from any other office facility. The Contractor shall maintain the field office throughout tiie entire duration of the contract unless the Engineer shall othenwise direct. This office shall have a minimum floor space of 600 ft^. All doors and windows shall be provided with screens. Furniture shall be provided as follows: two plan tables, one standard 5 feet long double-pedestal desk with a drawer suitable for holding files, three chairs, two drafting stools, one 5 drawer file cabinet, and one plan rack. Electric power shall be provided to include a minimum of four duplex convenience outfets. The oftice shall be illuminated at the tables and desk. An outdoor lighting fixture with a 300-watt bulb shall be installed. 0 Revised 11 /24/10 Contract No. 4003 Page 96 of 102 Heating and air conditioning of sufficient capacity shall be provided at no expense to the Agency. The Contractor shall provide drinking water within the office and integral sanitary facilities directly adjoining. Sanitary facilities shall include a toilet and wash basin with hot and cold running water. Extended area, non-coin-operated telephone service shall be provided within the office area. The installation shall include sufficient extension cord to serve the plan table and desk. Additionally the "Class A" Field Office shall be provided with: one (1) electrostatic copier and supplies, copier shall be Xerox Model Document Centre 545, or equal, one (1) FAX machine. Canon Model Faxphone B640 Bubble Jet Facsimile, or equal, one (1) refrigerator, one (1) microwave oven, and one water cooler with hot and chilled water. The integral sanitary facilities may be separate enclosed toilets per Section 7-8.4. Fumishings are subject to agency approval. The field office shall be located at a site satisfactory to the Engineer and within or immediately adjacent to the limits of work. Access and three parking spaces for the exclusive use of the Engineer and his/her designees that are convenient and satisfactory to the Engineer shall be provided by the Contractor. The field office shall have a 24" by 36" sign affixed near the entry door. The sign text shall be proportioned as shown below. The Contractor shall affix a City seal to the sign in a centered location. The City seal will be supplied by the Engineer. CITY OF CARLSBAD CIVIC PROJECT 8-3 FIELD LABORATORIES. 8-3.1 Offsite at Manufacturing Plant, (not required) 8-3.2 At Project Site, (not applicable) 8-4 BATHHOUSE FACILITIES, (not required) 8-5 REMOVAL OF FACILITIES. Field offices at the project site shall be removed upon completion of the Work. Buildings and equipment furnished by the Contractor at the project site under the provisions of this section are the property of the Contractor. 8-6 BASIS OF PAYMENT. All costs incurred in furnishing, maintaining, sen/icing, and removing field office(s) required at the project site shall be included in the bid item for furnishing such facilities. If such facilities are required by the Plans or Specifications and no bid item is provided in the proposal, the costs shall be included in other items for which bids are entered. Such costs incurred in connection with offices and laboratories at plants shall be borne by the plant owners. Payment for field office will be made at the monthly price bid and will include full compensation for installing and removing the field office, relocating it as may be necessary to facilitate the project, obtaining all permits, property rental, providing utilities including, but not limited to, high speed internet sen/ice, electrical, telephone, potable water and sanitary facilities, and maintenance. The monthly rate will be paid for each full calendar month throughout the duration of the contract that the field office, complete with all Revised 11/24/10 Contract No. 4003 Page 97 of 102 facilities and utilities, is available to the Engineer and on the project excepting when the Engineer has ordered that the field office be removed from the project. SECTION 9 - MEASUREMENT AND PAYMENT 9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK. 9-1.1 General. Unless othenwise specified, quantities of work shall be determined from measurements or dimensions in horizontal planes. However, linear quantities of pipe, piling, fencing and timber shall be considered as being the true length measured along longitudinal axis. Unless othenwise provided in Specifications, volumetric quantities shall be the product of the mean area of vertical or horizontal sectfons and the intervening horizontal or vertical dimension. The planimeter shall be considered an instrument of precision adapted to measurement of all areas. 9-1.2 Methods of Measurement. Materials and items of work which are to be paid for on basis of measurement shall be measured in accordance with methods stipulated in the particular sections involved. 9-1.3 Certified Weights. When payment is to be made on the basis of weight, the weighing shall be done on certified platform scales or, when approved by the Engineer, on a completely automated weighing and recording system. The Contractor shall furnish the Engineer with duplicate licensed weighmaster's certificates showing actual net weights. The Agency will accept the certificates as evidence of weights delivered. 9-1.4 Units of Measurement. The system of measure for this contract shall be the U.S. Standard Measures. 9-2 LUMP SUM WORK. Items for which quantities are indicated "Lump Sum", "L.S.", or "Job", shall be paid for at the price indicated in the Bid. Such payment shall be full compensatfon 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 quantitfes listed in the Bid schedule will not govern tfnal payment. Payment to the Contractor will be made only for actual quantities of Contract items constructed in accordance with the Plans and Specifications. Upon completfon 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 Sectfon 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 Revised 11 /24/10 Contract No. 4003 Page 98 of 102 been placed, and material placed outside of the Plan lines. No compensation will be allowed for disposing of rejected or excess material. Payment for work performed or materials furnished under an Assessment Act Contract will be made as provided in particular proceedings or legislative act under which such contract was awarded. Whenever any portion of the Work is performed by the Agency at the Contractor's request, the cost thereof shall be charged against the Contractor, and may be deducted from any amount due or becoming due from the Agency. Whenever immediate action is required to prevent injury, death, or property damage, and precautions which are the Contractor's responsibility have not been taken and are not reasonably expected to be taken, the Agency may, after reasonable attempt to notify the Contractor, cause such precautions to be taken and shall charge the cost thereof against the Contractor, or may deduct such cost from any amount due or becoming due from the Agency. Agency action or inaction under such circumstances shall not be construed as relieving the Contractor or its Surety from liability. Payment shall not relieve the Contractor from its obligatfons under the Contract; nor shall such payment be construed to be acceptance of any of the Work. Payment shall not be construed as the transfer of ownership of any equipment or materials to the Agency. Responsibility of ownership shall remain with the Contractor who shall be obligated to store any fully or partially completed work or structure for which payment has been made; or replace any materials or equipment required to be provided under the Contract which may be damaged, lost, stolen or 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 recordation of the "Notice of Completion." If, within the time fixed by law, a properiy executed notice to stop payment is filed with the Agency, due to the Contractor's failure to pay for labor or materials used in the 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 writfng that such monthly closure date be changed. The Engineer may approve such request when it is compatible with the Agency's payment procedure. Each month, the Engineer will make an approximate measurement of the work performed to the closure date as basis for making monthly progress payments. The estimated value will be based on contract unit prices, completed change order work and as provided for in Section 9-2 of these General Provisions. Progress payments shall be made no later than thirty (30) calendar days after the closure date. Five (5) working days following the closure date, the Engineer shall complete the detailed progress pay estimate and submit it to the Contractor for the Contractor's information. Should the Contractor assert that additional payment is due, the Contractor shall within ten (10) days of receipt of the progress estimate, submit a supplemental payment request to the Engineer with adequate justification supporting the amount of supplemental payment request. Upon receipt of the supplemental payment request, the Engineer shall, as soon as practicable after receipt, determine whether the supplemental payment request is a proper payment request. If the Engineer determines Revised 11 /24/10 Contract No. 4003 Page 99 of 102 that the supplemental payment request is not proper, then the request shall be returned to the Contractor as soon as practicable, but not later than seven (7) days after receipt. The returned request shall be accompanied by a document setting forth in writing the reasons why the supplemental payment request was not proper. In conformance with Public Contract Code Section 20104.50, the City shall make payments within thirty (30) days after receipt of an undisputed and properiy submitted supplemental payment request from the Contractor. If payment of the undisputed supplemental payment request is not made within thirty (30) days after receipt by the Engineer, then the City shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure. From each progress estimate, 10 percent will be deducted and retained by the Agency, and the remainder less the amount of all previous payments will be paid. After 50 percent of the Work has been completed and if progress on the Work is satisfactory, the deduction to be made from remaining progress estimates and from the final estimate may be limited to $500 or 10 percent of the first half of total Contract amount, whichever is greater. No progress payment made to the Contractor or its sureties will constitute a waiver of the liquidated damages under 6-9. As provided in Section 22300 of the California Public Contract Code, the Contractor may substitute securities for any monies withheld by the Agency to ensure performance under the Contract. After final inspection, the Engineer will make a Final Payment Estfmate and process a corresponding payment. This estimate will be in writing and shall be for the total amount owed the Contractor as determined by the Engineer and shall be itemized by the contract bid item and change order item with quantities and payment amounts and shall show all deductions made or to be made for prior payments and amounts to be deducted under provisions of the contract. All prior estimates and progress payments shall be subject to correction in the Final Payment Estimate. The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make written statement disputing any bid item or change order item quantity or payment amount. The Contractor shall provide all documentation at the time of submitting the statement supporting its position. Should the Contractor fail to submit the statement and supporting documentation within the time specified, the Contractor acknowledges that full and final payment has been made for all contract bid items and change order items. If the Contractor submits a written statement with documentation in the aforementfoned time, the Engineer will review the disputed item within 30 calendar days and make any appropriate adjustments on the Final Payment. Remaining disputed quantities or amounts not approved by the Engineer will be subject to resolutfon as specified in Section 3-5, Disputed Work. The written statement filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said disputed items. The Engineer will consider the merits of the Contractor's claims. It will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying payment for the disputed items. 9-3.2.1 Payment for Claims. Except for those final payment items disputed in the written statement required in Section 9-3.2 all claims of any dollar amount shall be submitted in a written statement by the Contractor no later than the date of receipt of the final payment estimate. Those final payment items disputed in the written statement required in Section 9-3.2 shall be submitted no later than 30 days after receipt of the Final Payment estimate. No claim will be considered that was not included in this written statement, nor will any claim be allowed for which written notice or protest is required Revised 11 /24/10 Contract No. 4003 Page 100 of 102 under any provision of this contract including Sections 3-4 Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has complied with notice or protest requirements. The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said claims. The Engineer will consider and determine the Contractor's claims and it will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying the claims. Payment for claims shall be processed within 30 calendar days of their resolution for those claims approved by the Engineer. The Contractor shall proceed with informal dispute resolution under Sectfon 3-5, Disputed Work, for those claims remaining in dispute. 9-3.3 Delivered Materials. When provided for in the Technical 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. 9-3.4 Mobiiization. When a bid item is included in the Proposal form for mobilization and subject to the conditions and limitations in the Specifications, the costs of work in advance of construction operations and not directfy attributable to any specific bid item will be included in the progress estfmate. When no such bid item is provided, payment for such costs will be considered to be included in the other items of work. 9-3.4.1 Mobilization and Preparatory Work. The Contract lump-sum price paid for mobilization shall not exceed twenty thousand dollars ($20,000.00) and includes full compensatfon for furnishing all insurance, bonds, licenses, labor, materials, utilities, tools, equipment and incidentals, and for doing all the work involved in mobilization and preparatory work and operations, including, but not limited to, those necessary for the movement of personnel, equipment, supplies, and incidental to preparing to conduct work on and off the project site and other offsite facilities necessary for work on the project; for all other facilities, sureties, work and operations which must be performed or costs incurred prior to beginning work on various contract items on or off the project site, excepting those specifically paid for under separate sections of these specifications. The Contractor hereby agrees that the stipulated lump sum amount is sufficient for Mobilization and Preparatory Work, as described in this section, and that the Contractor shall have no right to additional compensation for Mobilization and Preparatory Work. Progress payments for Mobilization and Preparatory Work will be made as follows: For the first progress payment (after the issuance of the Notice to Proceed), forty percent (40%) of the lump sum amount entered for Mobilization and Preparatory Work will be allowed. For the second progress payment, an additional sixty percent (60%) of the lump sum amount stipulated for mobilization and preparatory work will be allowed therefore. Mobilization shall consist of all preparatory work and operations which must be performed or costs incurred prior to beginning work on the various Contract items on the project site. Mobilization shall include but not be limited to the following items: 1. Obtaining and paying for all required Bonds, Insurance Policies (including premiums and incidentals), and Permits if applicable. Submittal of required construction schedule(s). Revised 11 /24/10 Contract No. 4003 Page 101 of 102 r 3. Establishment of all offices, buildings, construction yards, sanitary facilitfes, and any other facilities necessary for work at the project site. 4. Postfng all OSHA required notices and establishment of safety programs. 5. Postfng all Department of Labor required notice, regulatfons and prevailing wages. 6. The movement of personnel, equipment, supplies, and incidentals to the project site. 7. Developing and installing construction water supply. 8. Notification of residents and businesses. No additfonal compensation will be allowed for additional mobilizations required, including but not limited to delays caused by the relocation of existing utility facilities shown on the Plans or discovered during construction operatfons. 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 Specifications shall be considered as included in the Bid Items. Contractor must protect existfng utilities, improvements, landscaping, irrigation systems, and vegetation in place. If damaged during the work, Contractor is responsible to repair or replace any utilities, improvements, landscaping, irrigation systems, and vegetatfon at his expense. Revised 11 /24/10 Contract No. 4003 Page 102 of 102