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Leonida Builders Inc; 2018-01-10; PWS18-46TRAN
Project: 6066-17 Bridge Preventive Maintenance Program (2017) Change Order No. 03 -Final Change Order CITY OF CARLSBAD CONTRACT CHANGE ORDER NO. 03-FINAL PROJECT: #6066-17 Bridge Preventive Maintenance Program (2017) CONTRACT NO. 6066-17 ACCOUNT NO. 370 7000 9060 60661-9066 CONTRACTOR: Leonida Builders, Inc. ADDRESS: 15821 Live Oak Springs Canyon Road Santa Clarita, CA 91387 P.O. NO. P135257 The Contractor is directed to make the following changes as described herein. Changes shall include all labor, materials, equipment, contract time extension, and all other goods and services required to implement this change. Payment stated on this change order includes all charges, direct or indirect, arising out of this additional work including charges for field overhead, extended home office overhead, delays, disruptions, cumulative impacts, loss of efficiency, extended equipment costs and overtime premium costs and is expressly agreed between the City and the Contractor to be the complete and final costs hereof. The requirements of the specifications, where pertinent and not in conflict with this change order, shall apply to these changes. Pursuant to Section 3 of the General Provisions of this contract, perform the following: Item 1: Delete Item #1 from Change Order #2, which was added to the contract by the City to reflect the City's previous offer of additional compensation for Bid Item #1, which the Contractor rejected. Decrease to contract cost............................................................ ($14,350.00) Item 2: Add $49,598.00 additional compensation for Bid Item #1 per settlement agreement. Increase to contract cost................................................................. $49,598.00 Item 3 Add 64 working days to the contract to coincide with the actual completion date of Nov. 5, 2018. Increase to contract cost........................................................................ $0.00 TOTAL INCREASE TO CONTRACT COST...................................................... $35,248.00 Project: 6066-17 Bridge Preventive Maintenance Program (2017) Change Order No. 03 -Final Change Order TIME FOR COMPLETION OF ALL WORK UNDER THIS CONTRACT SHALL BE INCREASED BY SIXTY FOUR (64) WORKING DAYS AS A RESULT OF THIS CHANGE ORDER. THE NEW CONTRACT COMPLETION DATE IS NOVEMBER 5, 2018. THIS IS THE FINAL CHANGE ORDER FOR THE CONTRACT. RECOMMENDED BY: MUNICIPAL PROJECTS MANAGER (DATE) ?§a~ > °'tt.1-!UJ1'\ ENGINEE MANAGE~(AT~) (DATE) lo/ '1 (DATE) DISTRIBUTION: PROJECT FILE (ORIGINAL), PURCHASING, CONTRACTOR (DATE) lo /1 I 19 (DATE) (DATE) Project: 6066-17 Bridge Preventive Maintenance Program (2017) .. Change Order No. 02 - Final Change Order ,. CITY OF CARLSBAD CONTRACT CHANGE ORDER NO. 02-FINAL PROJECT: #6066-17 Bridge Preventive Maintenance Program (2017) CONTRACT NO. 6066-17 P.O. NO. P135257 ACCOUNT NO. 370 7000 9060 60661-9066 CONTRACTOR: Leonida Builders, Inc. ADDRESS: 15821 Live Oak Springs Canyon Road Santa Clarita, CA 91387 The Contractor is directed to make the following changes as described herein. Changes shall include all labor, materials, equipment, contract time extension, and all other goods and services required to implement this change. Payment stated on this change order includes all charges, direct or indirect, arising out of this additional work including charges for field overhead, extended home office overhead, delays, disruptions, cumulative impacts, loss of efficiency, extended equipment costs and overtime premium costs and is expressly agreed between the City and the Contractor to be the complete and final costs hereof. The requirements of the specifications, where pertinent and not in conflict with this change order, shall apply to these changes. Pursuant to Section 3 of the General Provisions of this contract, perform the following: Item 1: Increase Bid Item #1: Adjustment for Repair Spalled Type 25 Concrete Barrier to 1,678.5 SF. Calculation and valuation is based on the determination of the City Manager, Scott Chadwick on Jan. 10, 2019 to resolve Contractor's Fourth Appeal, Change Order Request No. 2 for Bid Item 1 Contract No. 6066 -Bridge Preventive Maintenance Program. Increase to contract cost............................................................... $14,350.00 Item 2: Add 18 working days to the contract; new contract completion date is Aug. 3, 2018. Item 3 Increase to contract cost. ................................................................. $ .00 Forego applying liquidated damages to the contract in the amount of $47,000 that reflects project completion 94 calendar days past the contract completion date. The City reserves its rights to seek an offset in that amount against any future contract claim by Contractor. Increase to contract cost........................................................................ $0.00 Item 4: Remove and replace 34 LF of concrete curb at east and west ends of Poinsettia Bridge @ $72/LF. Increase to contract cost.................................................................. $2,448.00 ,- Project: 6066-17 Bridge Preventive Maintenance Program (2017) .. Change Order No. 02 -Final Change Order , Item 5: Delete Bid Item #2, Repair Spalled Expansion Dam (4 CF). Decrease to contract cost............................................................ ($12,000.00) Item 6: Delete Bid Item #3, Expansion Dam (7 CF). Decrease to contract cost............................................................ ($21,000.00) Item 7: Decrease Bid Item #9, Joint Seal, by 239 LF@ $15/LF. Decrease to contract cost............................................................... ($3,585.00) Item 8: Increase Bid Item #13, Masonry Block Wall, by 5 SF@ $500/SF. Increase to contract cost................................................................... $2,500.00 Item 9: Replace two sidewalk panels at north end of Calle Barcelona Bridge approach totaling 172.5 SF@ $8/SF. Increase to contract cost.................................................................. $1,380.00 TOTAL DECREASE TO CONTRACT COST ................................................. ($15,907.00) TIME FOR COMPLETION OF ALL WORK UNDER THIS CONTRACT SHALL BE INCREASED BY EIGHTEEN (18) WORKING DAYS AS A RESULT OF THIS CHANGE ORDER. THE NEW CONTRACT COMPLETION DATE 15 AUGUST 3, 2018. THIS 15 THE FINAL CHANGE ORDER FOR THE CONTRACT. RECOMMENDED BY: APPROVED BY: ~~~),), , MUNIClPALPROJECTS MANAGER (DATE) CONTRACTOR (DATE) I"' . ~.~ fl)fL EN EERING MAerER ~{1 (AT) ~-"T ..... ~ ~1:rs-/19 (DATE) cl!~ , DEP~MENTH~ (DATE) 4 (DATE) APPROVED AS TO FORM: .2/J7 " (DATE) DISTRIBUTION: PROJECT FILE (ORIGINAL), PURCHASING, CONTRACTOR CITY OF CARLSBAD San Diego County California CONTRACT DOCUMENTS, GENERAL PROVISIONS, SUPPLEMENT AL PROVISIONS, AND TECHNICAL SPECIFICATIONS FOR BRIDGE PREVENTIVE MAINTENANCE PROGRAM (2017) AT POINSETTIA LANE OVERHEAD AND SIDEWALK BARRIER AND CALLE BARCELONA PEDESTRIAN OVERCROSSING l'\ •,r Revised 7/19/17 CONTRACT NO. 6066-17 BID NO. PWS18-46TRAN Contract No. 6066-17 Page 1 of 138 Pages The Supplemental Provisions, and Technical Specifications portions of the Contract Documents have been prepared under the direction of the following licensed Civil Engineer, in accordance with California Business and Professions Code §6735. ( Date l'\ •+;' Revised 7/19/17 Contract No. 6066-17 Page 2 of 138 Pages TABLE OF CONTENTS NOTICE INVITING BIDS ................................................................................................................... 6 CONTRACTOR'S PROPOSAL ....................................................................................................... 11 BID SECURITY FORM ................................................................................................................... 18 BIDDER'S BOND TO ACCOMPANY PROPOSAL .......................................................................... 19 GUIDE FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTORS" FORM ................... 20 DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS ... 22 BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE ........................................ 23 BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION ................................... 23 BIDDER'S STATEMENT RE DEBARMENT .................................................................................... 25 BIDDER'S DISCLOSURE OF DISCIPLINE RECORD .................................................................... 26 NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID ........................................................................................................................................ 28 CONTRACT PUBLIC WORKS ........................................................................................................ 29 LABOR AND MATERIALS BOND ................................................................................................... 35 FAITHFUL PERFORMANCE/WARRANTY BOND .......................................................................... 37 OPTIONAL ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION ....... 39 GENERAL PROVISIONS SECTION 1--TERMS, DEFINITIONS, ABBREVIATIONS, AND SYMBOLS 1-1 TERMS ............................................................................................................................................ 0 1-2 DEFINITIONS ................................................................................................................................... O 1-3 ABBREVIATIONS ............................................................................................................................. 4 1-4 UNITS OF MEASURE ....................................................................................................................... 7 1-5 SYMBOLS ........................................................................................................................................ 8 SECTION 2 -SCOPE AND CONTROL OF WORK 2-1 AWARD AND EXECUTION OF CONTRACT ....................................................................................... 9 2-2 ASSIGNMENT .................................................................................................................................. 9 2-3 SUBCONTRACTS ............................................................................................................................. 9 2-4 CONTRACT BONDS ....................................................................................................................... 10 2-5 PLANS AND SPECIFICATIONS ........................................................................................................ 11 2-6 WORK TO BE DONE ...................................................................................................................... 15 2-7 SUBSURFACE DATA ...................................................................................................................... 15 2-8 RIGHT-OF-WAY ............................................................................................................................. 15 2-9 SURVEYING ................................................................................................................................... 15 2-10 AUTHORITY OF BOARD AND ENGINEER ....................................................................................... 16 2-11 INSPECTION .................................................................................................................................. 17 SECTION 3 -CHANGES IN WORK l' •,; Revised 7/19/17 Contract No. 6066-17 Page 3 of 138 Pages 3-1 CHANGES REQUESTED BY THE CONTRACTOR .............................................................................. 17 3-2 CHANGES INITIATED BY THE AGENCY .......................................................................................... 17 3-3 EXTRAWORK ................................................................................................................................ 19 3-4 CHANGED CONDITIONS ................................................................................................................ 21 3-5 DISPUTED WORK .......................................................................................................................... 22 SECTION 4-CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP ................................................................................................ 28 4-2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE ........................................................ 32 SECTION 5 -UTILITIES 5-1 LOCATION ..................................................................................................................................... 33 5-2 PROTECTION ................................................................................................................................. 33 5-3 REMOVAL ..................................................................................................................................... 34 5-4 RELOCATION ................................................................................................................................. 34 5-5 DELAYS ......................................................................................................................................... 35 5-6 COOPERATION .............................................................................................................................. 35 SECTION 6 -PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK .................................................. 35 6-2 PROSECUTION OF WORK ............................................................................................................. 39 6-3 SUSPENSION OF WORK ................................................................................................................ 40 6-4 DEFAULT BY CONTRACTOR .......................................................................................................... 40 6-5 TERMINATION OF CONTRACT ...................................................................................................... 41 6-6 DELAYS AND EXTENSIONS OF TIME ............................................................................................. 41 6-7 TIME OF COMPLETION ................................................................................................................. 42 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY ........................................................................... 43 6-9 LIQUIDATED DAMAGES ................................................................................................................ 43 6-10 USE OF IMPROVEMENT DURING CONSTRUCTION ...................................................................... 44 SECTION 7 -RESPONSIBILITIES OF THE CONTRACTOR 7-1 CONTRACTOR'S EQUIPMENT AND FACILITIES ............................................................................. 44 7-2 LABOR ........................................................................................................................................... 44 7-3 LIABILITY INSURANCE ................................................................................................................... 45 7-4 WORKERS' COMPENSATION INSURANCE .................................................................................... 45 7-5 PERMITS ....................................................................................................................................... 45 7-6 THE CONTRACTOR'S REPRESENTATIVE ........................................................................................ 46 7-7 COOPERATION AND COLLATERAL WORK ..................................................................................... 46 7-8 PROJECT SITE MAINTENANCE ...................................................................................................... 46 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS ............................................... 48 7-10 PUBLIC CONVENIENCE AND SAFETY ............................................................................................ 49 7-11 PATENT FEES OR ROYALTIES ........................................................................................................ 56 7-12 ADVERTISING ................................................................................................................................ 56 7-13 LAWS TO BE OBSERVED ............................................................................................................... 56 7-14 ANTITRUSTCLAIMS ...................................................................................................................... 56 7-15 AIR EMISSIONS MONITORING PLAN ............................................................................................ 57 7-17 RAILROAD RELATIONS .................................................................................................................. 57 SECTION 8 -FACILITIES FOR AGENCY PERSONNEL 8-1 GENERAL ...................................................................................................................................... 59 SECTION 9-MEASUREMENT AND PAYMENT 9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK ........................................................... 59 9-2 LUMP SUM WORK ........................................................................................................................ 60 l'\ •,; Revised 7 /19/17 Contract No. 6066-17 Page 4 of 138 Pages 9-3 PAYMENT ..................................................................................................................................... 60 9-4 BID ITEMS ..................................................................................................................................... 63 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION SECTION 201-CONCRETE, MORTAR, AND RELATED MATERIALS 201-1 Portland Cement Concrete ........................................................................................................... 69 201-2 REINFORCEMENT FOR CONCRETE ............................................................................................... 69 201-3 EXPANSION JOINT FILLER AND JOINT SEALANTS ......................................................................... 70 201-10 TEMPORARY RAILING (TYPE K) ..................................................................................................... 71 201-11 CLEAN AND PREPARE BRIDGE DECK, FURNISH BRIDGE DECK TREATMENT MATERIALS AND TREAT BRIDGE DECK ............................................................................................................ 71 SECTION 202-MASONRY MATERIALS 202-4 STONE VENEER ARCHITECTURAL TREATMENT ............................................................................ 71 SECTION 205 -PILES 205-4 HELICAL ANCHOR/PILES ............................................................................................................... 72 SECTION 206 -MISCELLANEOUS METAL ITEMS 206-7 CHAIN LINK RAILING ..................................................................................................................... 72 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 303-1 CONCRETE STRUCTURES .............................................................................................................. 73 303-4 MASONRY CONSTRUCTION .......................................................................................................... 74 303-9 REMOVE SPALLED OR UNSOUND CONCRETE .............................................................................. 76 303-10 CONCRETE BARRIER TYPE 732SW (MODIFIED) ............................................................................ 76 303-11 TEMPORARY RAILING (TYPE K) ..................................................................................................... 76 303-12 CLEAN AND PREPARE BRIDGE DECK, FURNISH BRIDGE DECK TREATMENT MATERIALS AND TREAT BRIDGE DECK ............................................................................................................ 76 SECTION 304 METAL FABRICATION AND CONSTRUCTION 304-6 CHAIN LINK RAILING ..................................................................................................................... 77 SECTION 305 PILE DRIVING AND TIMBER CONSTRUCTION 305-3 HELICAL ANCHOR PILES ...................................................................................................................... 77 SECTION 600 ACCESS 600-2 VEHICULAR ACCESS ...................................................................................................................... 79 600-3 PEDESTRIAN ACCESS .................................................................................................................... 79 SECTION 601 WORK AREA TRAFFIC CONTROL 601-2 TRAFFIC CONTROL PLAN (TCP) ..................................................................................................... 79 ~'\ '-~ Revised 7/19/17 Contract No. 6066-17 Page 5 of 138 Pages CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS Until 11AM on October 24, 2017, 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 seNice 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: preventive maintenance activities on two bridges, Poinsettia Lane Bridge over NCTD train tracks and Calle Barcelona Pedestrian Overcrossing. BRIDGE PREVENTIVE MAINTENANCE PROGRAM (2017) CONTRACT NO. 6066-17 BID NO. PWS18-46TRAN 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 Cashier's Counter at the Faraday Center located at 1635 Faraday Avenue, Carlsbad, California 92008-7314 Department. The specifications for the work include City of Carlsbad Technical Specifications and the Standard Specifications for Public Works Construction, Parts 2 & 3, current edition at time of bid opening and the supplements thereto as published by the "Greenbook" Committee of Public Works Standards, Inc., all hereinafter designated "SSPWC", as amended. Specification Reference is hereby made to the plans and specifications for full particulars and description of the 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. BID DOCUMENTS The bid documents comprise the following documents which must be completed and properly executed including notarization, where indicated. l' -~ Revised 7/19/17 Contract No. 6066-17 Page 6 of 138 Pages 1. Contractor's Proposal 2. Bidder's Bond 3. Noncollusion Declaration 4. Designation of Subcontractor and Amount of Subcontractor's Bid 5. Bidder's Statement of Technical Ability and Experience 6. Acknowledgement of Addendum(a) 7. Certificate of Insurance. The riders covering the City, its officials, employees and volunteers may be omitted at the time of bid submittal but shall be provided by the Bidder prior to award of this contract. 8. Bidder's Statement Re Debarment 9. Bidder's Disclosure Of Discipline Record 10. Escrow Agreement for Security Deposits -(optional, must be completed if the Bidder wishes to use the Escrow Agreement for Security) ENGINEER'S ESTIMATE All bids will be compared on the basis of the Engineer's Estimate. The estimated quantities are approximate and serve solely as a basis for the comparison of bids. The Engineer's Estimate is $330,025. 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. SPECIAL TY 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 include federal funds. The following classifications are acceptable for this contract: Classification A: General Engineering ESCROW AGREEMENT If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of the usual 5% retention from each payment, these documents must be completed and submitted with the signed contract. The escrow agreement may not be substituted at a later date. 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 MQ_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 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 ., f.., Revised 7/19/17 Contract No. 6066-17 Page 7 of 138 Pages or contractor of the City of Carlsbad except as herein before specified. No bidder may rely on directions given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. REJECTION OF BIDS The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. PREVAILING WAGE TO BE PAID The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to the sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a current copy of applicable wage rates is on file in the Office of the City Engineer. The Contractor to whom the Contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the Contract. The Prime Contractor shall be responsible for insuring compliance with provisions of section 1777 .5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the purposes of section 4107 and 4107.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. The Prime Contractor and all subcontractors shall comply with Section 1776 of the Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require all subcontractors to comply with Section 1776. PRE BID MEETING A pre-bid meeting and tour of the project site will not be held. UNIT PRICES AND COMPUTATION OF BIDS All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or written in with ink and must be initialed in ink by a person authorized to sign for the Contractor. l' •+;' Revised 7/19/17 Contract No. 6066-17 Page 8 of 138 Pages BIDDER'S INQUIRIES Questions on the bid documents during the bid period shall be submitted in writing, via email, solely to: Emad Elias, Project Manager emad.elias@carlsbadca.gov Questions shall be definite and certain and shall reference applicable drawing sheets, notes, details or specification sheets. The cutoff date to submit questions regarding this project is 5:00 pm on October 16, 2017. No questions will be entertained after that date. The answers to questions submitted during the bidding period will be published in an addendum and provided to those bidding on the project by October 18, 2017. ADDENDUMS Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid. BOND AND INSURANCE REQUIREMENTS The Contractor shall provide bonds to secure faithful performance and warranty of the work in an amount equal to one hundred percent (100%) of the Contract price on this project. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to one hundred percent (100%) of the total amount payable by the terms of the contract. These bonds shall be kept in full force and effect during the course of this project, and shall extend in full force and effect and be retained by the City until they are released as stated in the General Provisions section of this contract. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to be accompanied by the following documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the City may require copies of the insurer's most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar days of the insurer's receipt of a request to submit the statements. Insurance is to be placed with insurers that: 1) Have a rating in the most recent Best's Key Rating Guide of at least A-:VII 2) Are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner. Auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated above for all insurance companies. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. · l'\ •+; Revised 7/19/17 Contract No. 6066-17 Page 9 of 138 Pages Workers' compensation insurance required under this contract must be offered by a company meeting the above standards with the exception that the Best's rating condition is waived. The City does accept policies issued by the State Compensation Fund meeting the requirement for workers' compensation insurance. The Contractor shall be required to maintain insurance as specified in the Contract. Any additional cost of said insurance shall be included in the bid price. The award of the contract by the City Council is contingent upon the Contractor submitting the required bonds and insurance, as described in the contract, within twenty days of bid opening. If the Contractor fails to comply with these requirements, the City may award the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. BUSINESS LICENSE The prime contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. Approved by the City Council of the City of Carlsbad, California, by Resolution No. 2017-179, adopted on the 12th day of September 2017. September 21, 2017 Date ,, •;;' Revised 7/19/17 Contract No. 6066-17 Page 10 of 138 Pages CITY OF CARLSBAD BRIDGE PREVENTIVE MAINTENANCE PROGRAM (2017) CONTRACT NO. 6606-17 City Council City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans, Specifications, General Provisions, Contract Documents, and addenda thereto, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work to complete Contract No. 6606-17 in accordance with the Plans, Specifications, General Provisions, Contract Documents, and addenda thereto and that he/she will take in full payment therefore the following unit prices for each item complete, to wit: BID SCHEDULE Item No. Description 1 2 3 4 5 REPAIR SPALLED TYPE 25 CONCRETE BARRIER at one hundred dollars (Price in Words) REPAIR SPALLED EXPANSION DAM at three thousand dollars (Price in Words) EXPANSION DAM at three thousand dollars (Unit Price in Words) REMOVE BRIDGE RAILING at fourty dollars (Price in Words) CHAIN LINK RAILING (TYPE 3) at three hundred dollars (Price in Words) Approximate Quantity And Unit 1535 SF 4CF 7 CF 180 LF 180 LF ('\ • ., Revised 7/19/17 Contract No. 6606-17 Unit Price (Figures) $ 100 $ 3,000 $ 3,000 Total Amount (Figures) $ 153,500 $ 12,000 $ 21,000 $ 7,200 $ 54,000 Page 11 of 138 Pages Approximate Item Quantity Unit Price Total Amount No. Descri12tion And Unit (Figures} (Figures} 6 CONCRETE BARRIER (TYPE 732SW 180 LF $ 500 $ 90,000 MODIFIED) at five hundred dollars (Unit Price in Words) 7 TEMPORARY RAILING (TYPE K) at 720 LF $ 10 $ 7,200 ten dollars (Unit Price in Words) 8 POLYURETHANE CRACK 28 LF $ 20 $ 5,600 TREATMENT at twenty dollars (Unit Price in Words) 9 JOINT SEAL (MR= 1/2") at 260 LF $ 15 $ 3,900 fifteen dollars (Unit Price in Words) 10 JOINT SEAL COVER PLATE at fourty dollars 36 LF $ 40 $ 1,440 (Unit Price in Words) 11 JOINT SEAL (MR= 1") at 16 LF $ 30 $ 480 thirty dollars (Unit Price in Words) 12 HELICAL ANCHOR/PILE at 1 LS $ 10,000 $ 10,000 ten thousand dollars (Unit Price in Words) 13 MASONRY BLOCK WALL at 2 SF $ 500 $ 1,000 five hundred dollars (Unit Price in Words) 14 STONE VENEER ARCHITECTURAL 20 SF $ 50 $ 1,000 TREATMENT at fifty dollars (Unit Price in Words) l'\ •,;' Revised 7/19/17 Contract No. 6606-17 Page 12 of 138 Pages Approximate Item Quantity Unit Price Total Amount No. Descri12tion And Unit (Figures} (Figures} 15 REPLACE CONCRETE PILASTER 1 LS $ 1,000 $ 1,000 CAP at one thousand dollars (Unit Price in Words) 16 CLEAN AND PREPARE BRIDGE 1,850 SF $ 2.00 $ 3,700 DECK at two dollars (Unit Price in Words) 17 FURNISH BRIDGE DECK 20 GAL $ 500 $ 10,000 TREATMENT MATERIAL at five hundred dollars (Unit Price in Words) 18 TREAT BRIDGE DECK at 1,850 SF $ 8.00 $ 14,800 eight dollars (Unit Price in Words) 19 AIR EMISSIONS MONITORING PLAN 1 LS $ 800 $ 800 at eight hundred dollars (Price in Words) 20 TRAFFIC CONTROL AND TRAFFIC 1 LS $ 800 $ 800 CONTROL PLAN at eight hundred dollars (Unit Price in Words) 21 RAILROAD RELATIONS at 1 LS $ 5,000 $ 5,000 five thousand dollars (Unit Price in Words) 22 Mobilization at 1 Stipulated $ 30,000 $ 30,000 thirty thousand dollars (Unit Price in Words) l'\ • ., Revised 7/19/17 Contract No. 6606-17 Page 13 of 138 Pages Total amount of bid in words: Four hundred thirty-four thousand four hundred twenty dollars and zero cents. Total amount of bid in numbers: $ 434.420 ·00 ------------------------ Price(s) given above are firm for 90 days after date of bid opening. Addendum(a) No(s). __ n_la ______ has/have been received and is/are included in this proposal. The Undersigned has carefully checked all of the above figures and understands that the City will not be responsible for any error or omission on the part of the Undersigned in preparing this bid. The Undersigned agrees that in case of default in executing the required Contract with necessary bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, the City may administratively authorize award of the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do business or act in the capacity of a contractor within the State of California, validly licensed under license number 896772 , classification A, B, and C-8 which expires on 5/31/19 , and that this statement is true and correct and has the legal effect of an affidavit. A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City § 7028.1 S(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. A . th" I . fourty-three thousand four hundred fourty-two d9llars h C rt"f" d Ch k B d ccompanying Is proposa Is ______________ l cas , e 1 Ie ec , on or Cashier's Check) for ten percent (10%) of the amount bid. The Undersigned is aware of the provisions of section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and agrees to comply with such provisions before commencing the performance of the work of this Contract and continue to comply until the contract is complete. l'\ •ff Revised 7/19/17 Contract No. 6606-17 Page 14 of 138 Pages The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2, relative to the general prevailing rate of wages for each craft or type of worker needed to execute the Contract and agrees to comply with its provisions. 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 ___________________________ _ (Street and Number) City and State __________________ _ (4) Zip Code ______ _ Telephone No. ________________ _ (5) E-Mail ____________________ _ l'\ •ff Revised 7/19/17 Contract No. 6606-17 Page 15 of 138 Pages IF A CORPORATION, SIGN HERE: (1) Name under w · h business is conducted __ L_e_o_n_id_a_B_u_ild_e_r_s_ln_c_. _________ _ President (Title) Impress Corporate Seal here (3) Incorporated under the laws of the State of _C_a_lif_o_rn_i_a _____ _ (4) Place of Business __ 15_8_2_1_L_i_ve_O_a_k_S~p_r_in-'--g_s_C_a_n ___ y_on_R_o_a_d ___________ _ (Street and Number) City and State ____ s .... a ... n.....,t ... a....,C .... l ... a .... rjt..,a.....,.C,.._A.._9.._1....,3 .... 8.._.7 _________________ _ (5) Zip Code _9_1_3_87 _____ _ Telephone No. 951-532-7717 (6) E-Mail __ p_a_n_ik_o_s_@_l_e_o_n_id_a_b_u_ild_e_r_s_.c_o_m _________ _ NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED l' •,r Revised 7/19/17 Contract No. 6606-17 Page 16 of 138 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California Countyof L<2s I\Y'>'fl~> } On /;_Jal /10 \ 1 Date before me, Lil rt~ l.2 Do~i M~k\ lil \.°' 1 N<.2\a..•J) Here Insert Name and Title off11e Officer personally appeared __ _,_E..,,.O-.c.o.b.L>Ua,..,..._,~...,_\...,Q,.__._l ~iJ~ __ ..,,.L.,__~~c)L\I\L.l..J.i_,,.~.,,,~'-'=--------------- Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person~ whose name('s.) is/a'J<e subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/h~/t~r authorized capacity(i~, and that by his/t'rer/their signature~ on the instrument the person(~or the entity upon behalf of which the person(S},acted, executed the instrument. LORENZO DOMINIQUE RILEY _ Commission # 2086806 ~ Notary Public -California I J Los Angeles County :!:: 0 0 0 ••• Ml S0Trz· ;X~r:s 2c1 L9,}%1!l Place Notary Seal and/or Stamp Above I certify under PENAL TY 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 ~-==--·-/_S-ig_n_a_~_u_r_o_f..,,,_Nc._o_t_a_ry-P-ub-l-ic __ _ OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: ___________________________ _ Document Date: _____________________ Number of Pages: ____ _ Signer(s) Other Than Named Above: ________________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ____________ _ o Corporate Officer -Title(s): _______ _ D Partner - D Limited o General D Individual o Trustee D Other: D Attorney in Fact o Guardian of Conservator Signer is Representing: _________ _ (c:")2017 National Notary Association Signer's Name: ____________ _ D Corporate Officer -Title(s): _______ _ o Partner - D Limited D General D Individual D Attorney in Fact o Trustee D Guardian of Conservator D Other: Signer is Representing: _________ _ M1304-09 (09/17) 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: Panagiotis Leonida President, Secretary, and Treasurer Atina Martiros Vice President l' •,;' Revised 7/19/17 Contract No. 6606-17 Page 17 of 138 Pages BID SECURITY FORM (Check to Accompany Bid) BRIDGE PREVENTIVE MAINTENANCE PROGRAM (2017) CONTRACT NO. 6606-17 (NOTE: The following form shall be used if check accompanies bid.) Accompanying this proposal is a *Certified *Cashiers check payable to the order of CITY OF CARLSBAD, in the sum of _________________________ _ ________________________ dollars($ ______ ~ this amount being ten percent (10%) of the total amount of the bid. The proceeds of this check shall become the property of the City provided this proposal shall be accepted by the City through action of its legally constituted contracting authorities and the undersigned shall fail to execute a contract and furnish the required Performance, Warranty and Payment Bonds and proof of insurance coverage within the stipulated time; otherwise, the check shall be returned to the undersigned. The proceeds of this check shall also become the property of the City if the undersigned shall withdraw his or her bid within the period of fifteen ( 15) days after the date set for the opening thereof, unless otherwise required by law, and notwithstanding the award of the contract to another bidder. BIDDER *Delete the inapplicable word. (NOTE: If the Bidder desires to use a bond instead of check, the Bid Bond form on the following pages shall be executed--the sum of this bond shall be not less than ten percent (10%) of the total amount of the bid.) {'\ • ., Revised 7 /19/17 Contract No. 6606-17 Page 18 of 138 Pages BIDDER'S BOND TO ACCOMPANY PROPOSAL BRIDGE PREVENTIVE MAINTENANCE PROGRAM (2017} CONTRACT NO. 6606-17 KNOW ALL PERSONS BY THESE PRESENTS: That we, Leonida Builders, Inc. , as Principal, and Allegheny Casualty Company as Surety are held and firmly bound unto the City of Carlsbad, California, in an amount as follows: (must be at least ten percent (10%) of the bid amount) Ten Percent Amount of Bid (10%) for which payment we!I and truly made, we bind ourselves, our heirs. executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE COND!T!ON OF THE FOREGOiNG OBLIGATION IS SUCH that if the proposal of the above- bounden Principal for: BRIDGE PREVENTIVE MAINTENANCE PROGRAM (2017} CONTRACT NO. 6606-17 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 shal! be forfeited to the said City. In the event Principal executed this bond as an individual, it is agreed that the death of Principal shall not exonerate the Surety from its obligations under this bond. SIG~~ED AND SEALED. this . 2_3_rd __ ·-·--day of _O_ct_o_b_er _________ . 20_1L_ Leonida Builders, lnc. ____ (SEAL) (Principal) Panagiotis Leoni a, President (Signature) Allegheny Casualty Company _(SEAl ) {Surety) /-=? ··~ ,/-~~ By: --.--,,.-<~"-,4-··.-~----~---· ~=-----_~,~-~~-·-_-_· --- ½<yle T. Baker, Attorney-in-Fact (Signature) (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY -ATTACH ATTORNEY-IN-FACT CERTIFICATE) APPROVED AS TO FORM CELLI\ A. BREVVF.H City Attorney By: ft f.1 Revised 7/19/17 Contract No. §906-17 Page 19 of 138 Pagu; POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY ALLEGHENY CASUAL TY COMPANY Bond# I One Newark Center, 20th Floor, Newark, New Jersey 07102-5207 PHONE: (973) 624-7200 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey, and ALLEGHENY CASUAL TY COMPANY a corporation organized and existing under the laws of the State of New Jersey, having their principal office in the City of Newark, New Jersey, do hereby constitute and appoint TIMOTHY C. BAKER, KAREN A. EBY, KYLE T. BAKER. Murrietta, CA. their true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUAL TY COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By-Laws of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUAL TY COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 20th day of July, 2010 and by the Board of Directors of ALLEGHENY CASUALTY COMPANY at a meeting duly held on the 10th day of July, 2015 "RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Vice President, or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys-in-Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointments of joint-control custodians, agents for acceptance of process, and Attorneys-in-fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed." IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUAL TY COMPANY have each executed and attested these presents on this 31st day of December, 2016 STATE OF NEW JERSEY County of Essex George R. James Executive Vice President (International Fidelity Insurance Company) and Vice President (Allegheny Casualty Company) On this 31st day of December, 2016 before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said he is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and of ALLEGHENY CASUAL TY COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. \\\ ,,,1I1111111,111 .. ,,,, ~ 1-\ y C ,,,,, ,•' v~-------/?v-2" ',, ~.:-.··~,sSIO,v ··.. \ • -~ ~+-• :: :o ...,., ~ ~ !() NOTARY i; 1 :: .,-•·• m, ;: ~ ·~.~ PUBLIC 0 .: : . ·". . t. ~ ,,,.,.~ . . : ,,,. "' • (). I;} • .... ,, ..,,. •• _ ~-15.20' .--,,_<:.:> --,, ,~ ------·-~" ,, ,,,,, Of: NE'iN l ,,,,' ,,,,,,,.' , .. ,,,,,,,,, IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written. CERTIFICATION Cathy Cruz a Notary Public of New Jersey My Commission Expires April 16, 2019 I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By-Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home of said companies, and that the same are correct transcripts thereof, and of the whole of the ,aid originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. {km }JVl ~ )OI 7 lt(~~II ~Mit:c IN TESTIMONY WHEREOF, I have hereunto set my hand on this day, A02155/ Diamond Valley Insurance Services, Inc. Maria H. Branco, Assistant Secretary : l CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. personally appeared -----'-+4,"-,,__.___._ ........... ..,.__"'-""-----'--'=="-=:;.__---~--- who proyep to me on the basis of s 1sfactory evidence to be the person whose pme )~ subscribed to the w~ instrument and acknowledged to me that / /tl)ey executed the same in(!,i~_ti,.ef/t~ authorized capacity~), and that by 1s/ ~!(peir signatur¢ on the instrument the perso~, or the entity upon behalf of ich the person}s1 acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. It A. EBY COMM. #2156615 z Notary Public · California ~ Riverside County ... Comm. §xeges .lull l r.,~ [ +--------------------------------------------------+ INSTRUCTIONS FOR COMPLETING THIS FORM ADDITIONAL OPTIONAL INFORMATION This form complies with current Califormu statutes regarding notai)· wording and. DESCRIPTION OF THE ATTACHED DOCUMENT if needed, should be completed and attached to the documelll. Acknowledgments .fi'om other states may be completed for documents being sent to that stale so long us the wording does not require the Cal(forma notun· to i·iolate Califomia notary law. (Title or description of attached document) (Title or description of attached document continued) Number of Pages __ Document Date ___ _ CAPACITY CLAIMED BY THE SIGNER D Individual (s) D Corporate Officer (Title) 0 Partner( s) D Attorney-in-Fact o Trustee(s) D Other _________ _ • State and County infonnation must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears ,,ithin his or her commission followed hy 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 fonns (i.e. Jte,'she. titer-is ·are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notaty seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges. re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. •:• Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. •!• Indicate title or type of attached document, number of pages and date. •!• Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer. indicate the title (i.e. CEO. CFO, Secretary). • Securely attach this document to the signed document with a staple CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } County of id{/~a(e } 0~ ~ ~ttZe me,,.,.,__--'---~~~~~~:;_,:___;;,,~ personally appeared ____ ..JL_..14,o~.a.:K~.o::i.£;~-='---r----',...1"-J......c..w.~.i.a.=--- who prov~to me on the basis of satisfacto evidence to e the person{$1 whose i ,ew e subscribed to thew~ instrument and acknowledged to me that ~e/t ey executed the same i~)frttty{ir authorized capacity~), and that by ~r/tl)eir signature~ on the instrument the person}-81, or the entity upon behalf of which the person?1' acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. (Notary Public Seal) K.A.EBY COMM. #2156615 z Notary Public • C81ifornia ~ Riverside County .... Coown, Ex ires Jul 1, 2020 +------------------------------------------·----·-··--·-+ INSTRUCTIONS FOR COMPLETING THIS FORM ADDITIONAL OPTIONAL INFORMATION This form complies with current California statutes regarding notary wording and, DESCRIPTION OF THE A TT ACHED DOCUMENT if needed, should be completed and attached to the document. Acknowledgments from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. (Title or description of attached document) (Title or description of attached document continued) Number of Pages __ Document Date ___ _ CAPACITY CLAIMED BY THE SIGNER D Individual (s) D Corporate Officer (Title) D Partner(s) D Attorney-in-Fact o Trustee(s) 0 Other _________ _ • State and C'ounty infonnation must be the State and C'ounty where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect fonns (i.e. 1*'she tl,ey, is 'Me) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. •:• Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. •:• Indicate title or type of attached document_ number of pages and date. •!• Indicate the capacity claimed by the signer. lf the claimed capacity is a corporate officer, indicate the title (i e CEO, C'FO, Secretary). • Securely attach this document to the signed document with a staple. GUIDE FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTORS" FORM REFERENCES Prior to preparation of the following "Subcontractor Disclosure Form" Bidders are urged to review the definitions in section 1-2 of the General Provisions to this Contract, especially, "Bid", "Bidder", "Contract", "Contractor", "Contract Price", "Contract Unit Price", "Engineer", "Own Organization", "Subcontractor", and "Work". Bidders are further urged to review sections 2-3 SUBCONTRACTS of the General Provisions. CAUTIONS This form will be used by the Agency to determine the percentage of work that the Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct information may result in rejection of the bid as non-responsive. Any bid that proposes performance of more than 50 percent of the work by subcontractors or otherwise to be 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 of work proposed to be performed by the Bidder. INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every subcontractor whom the Bidder proposes to perform work or labor or render service in or about the work or improvement, and every subcontractor licensed as a contractor by the State of California whom the Bidder proposes to specially fabricate and install any portion of the work or improvement according to detailed drawings contained in the plans and specifications in excess of one-half of one percent (0.5%) of the Bidder's total bid or, in the case of bids or offers for the construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000) whichever is greater. Said name(s) and location(s) of business of subcontractor(s) shall be set forth and included as an integral part of the bid offer. The Designation of Subcontractors form must be submitted as a part of the Bidder's sealed bid. Failure to provide complete and correct information may result in rejection of the bid as non-responsive. Suppliers of materials from sources outside the limits of work are not subcontractors. The value of materials and transport of materials from sources outside the limits of work, as shown on the plans, shall be assigned to the Contractor or the Subcontractor as the case may be, that the Bidder proposes as installer of said materials. The value of material incorporated in any Subcontractor-installed bid item that is supplied by the Bidder shall be included as a part of the work that the Bidder proposes to be performed by the Subcontractor installing said item. When a Subcontractor has a Carlsbad business license, the number must be entered on the proper form. If the Subcontractor does not have a valid business license, enter "NONE" in the appropriate space. When the Bidder proposes using a Subcontractor to construct or install less than 100 percent of a bid item, the Bidder shall attach an explanation sheet to the Designation of Subcontractor form. The explanation sheet shall clearly apprise the City of the specific facts that show the Bidder proposes to perform no less than fifty percent (50%) of the work with its own forces. Determination of the subcontract amounts for purposes of award of the contract shall be determined by the City Council in conformance with the provisions of the contract documents and the various supplemental provisions. The decision of the City Council shall be final. Contractor is prohibited from performing any work on this project with a subcontractor who is ineligible to perform work on a public works project pursuant to Labor Code Sections 1771.1 or 1777. 7. {'\ •,r Revised 7 /19/17 Contract No. 6606-17 Page 20 of 138 Pages 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. l'\ • ., Revised 7 /19/17 Contract No. 6606-17 Page 21 of 138 Pages DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS (To Accompany Proposal) BRIDGE PREVENTIVE MAINTENANCE PROGRAM (2017) CONTRACT NO. 6606-17 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. SUBCONTRACTOR'S BID ITEMS Amount of Subcontractor Name Phone No. DIR Subcontractor's Portion of and and Email Registration License No. and Work by None Work Subcontractor Location of Business Address No. Classification* in Dollars* Page _1_ of _1_ pages of this Subcontractor Designation form * Pursuant to section 4104 (a)(2)(A} California Public Contract Code, receipt of the information preceded by an asterisk may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice Inviting Bids." l' •tf Revised 7/19/17 Contract No. 6606-17 Page 22 of 138 Pages BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) BRIDGE PREVENTIVE MAINTENANCE PROGRAM (2017) CONTRACT NO. 6606-17 The Bidder is required to state what work of a similar character to that included in the proposed Contract he/she has successfully performed and give references, with telephone numbers, which will enable the City to judge his/her responsibility, experience and skill. An attachment can be used. Date Name and Address Name and Phone No. Amount Contract of the Employer of Person to Type of Work of Completed Contract Contract Oct. 2017 101 I VCI I ICII UII IU II llCI I,_.,~, ICII n11 ~UIL Blast fence rehab $590,000 ,:_ U---:-Q('\Q ---A 1 ('\('\ -.a 1 :'> 1 ou1 t:.. 1 rnra ::;t vdl I ~--• I ldl UII IU, 'vf'\ -:,L ... UO Oct. 2017 William S Hart Union H.S. Distr ct l,Ons1rue11on OT $95,000 ,~ ~ -..... , ..... ,... . L ,-,ou 1..,er,uc ru11,.._ rrwvy V IJ '-''-"'-----____ -...,...,...,,..., \,,.. '\I. '-" rv UI , ... ~v QI IU -,.. ,...I\.,... .... ---/\n/\ ·~---··-, ...... , -· .., April 2017 Riverside County Superintende1nt April Ramos Construction of concrete $219,000 pr :::.cnoo1s ~o 1-0LO-Ol:5l:n ;:,Ldl::tC 01 IU "~uiUI I\ dl ,,.... ..... ,,... --. ' ------· _._, ___ -· -·-· J ·v R;.,_,~;rl~ r'/1 a?c;/'l? I a~rninn r.i:>nti:>r May 2016 K;itv of Moreno Valley Margery Lazarus Elsworth St. and ;J>L-'~,5uu ------14177 Frederick St. _,._, 1-... I.:>·.:>,._,_, vllt::lllldrl ,...Ve vlUCVVdlt<. wioreno va11ey, L;A ~Loo,:;: ... ,.. --· ·-··- BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION (To Accompany Proposal) BRIDGE PREVENTIVE MAINTENANCE PROGRAM (2017) CONTRACT NO. 6606-17 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: l' • ., Revised 7/19/17 Contract No. 6606-17 Page 23 of 138 Pages 129 Comprehensive General Liability 129 Automobile Liability ~ Workers Compensation ~ Employer's Liability 2) Statement with an insurance carrier's notarized signature stating that the carrier can, and upon payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for Comprehensive General Liability, Automobile Liability, Workers Compensation and Employer's Liability in conformance with the requirements herein and Certificates of insurance to the Agency showing conformance with the requirements herein. All certificates of insurance and statements of willingness to issue insurance for auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated in The Notice Inviting Bids and the General Provisions for this project for each insurance company that the Contractor proposes. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. l'\ •ff Revised 7/19/17 Contract No. 6606-17 Page 24 of 138 Pages ACORD' CERTIFICATE OF LIABILITY INSURANCE I DATE (IMDDIYYYY} ~ 11/09/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIRCATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(SI, AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certllh:se holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms end condtions of the polic.y, certain policies may require en endorsement. A statement on this certificate does not confer rights to the certificateholdar in lieu of such endorsement(s). f'Fl)0UCER NXMif~ Kalie Baker Diamond Valley Insurance Services, Inc. ~,: ... 1951)553-7400 I fN Nol. 1951)296-6808 41856 Ivy Street, Suite 108 =~-katietl!dlamondvalleylns.com Murrieta, CA 92562 INSl.RERIS) AFFORD JG COVERAGE NAtCf License#: OH94716 Tokio Marine ~nori:11tu Ins Co 23850 INSLRERA. 111S1.AED INSLRERB: ., ___ .. , ... , __ ·~:---t"nm ,.,.,.., 119879 PANAGIOTIS LEONIDA INSLRERC: Everest National Ins Co OBA LEONIDA BUILDERS INC 15821 LIVE OAK SPRINGS CANYON RD INSLRERD: SANTA CLARITA, CA 91387 INSLRERE: INSLRERF; COVERAGES CERTIFICATE NUMBER· OOOOOO0G-487800 REVISION NUMBER· 94 THIS IS TO CERTIFY T""T THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOO NDICATED. NOTWITHSTN.IDNG ~y REQUIREMENT .. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO VIHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURAt-CE AFFORDED BY THE POLICIES DESCRIBED HEREtJ IS SUBJECT TO AU. THE TERMS, EXCLUSIONS AND CONDITIONS CF SUCH POLICIES. LIMITS SHOw-l MAY HAVE BEEN REDI.X:ED BY PAID CLAMS. INSR T'f PE CF Ml.RANCE ':.~":: lw'w' -· --·-· L111119 ... PCUCYNlMER •M A 1 COMMERCIAL GENERAL LIABIUTV PPK1608940 02/03/2017 02/03/2018 EACH OCCURRENCE $ 1.000.000 :=J CLAIM'>MA[E [x] OCC\.F PR::;;~~Y&~;5='_,e, 50000 ---$ MEO E>P (Afli on8 P"'S!Jl) $ EXCWDED -PERSON/II. t!.ADVl!Wfl'i $ 1.000 ODO -GEllt l<C-C-REGATE UM1 APPLIES PER GENB<At AGGREGAlE $ 2,000 ODO =i POLICY [jJ 18 OLoc H?OD.JCE C-. MROPA )G $ 2.000 ODO nr~R $ B AUTOMOBILE LIABILITY SPP133266400 02/20/2017 02/20/2018 ie~~)t~,rNc,U: UMI I $ 1.000 ODO -.A ANY AUTO BOOL V ltUJP-( ~'"° p..-,;c,,) s ovmco -S:Hl:CUB) AUTOSm,LY AUTOS BOOLV iN.lJRY (P<l< e.1.,clQnt) S -HIRED -IJ<.li'-1.(MTED ,i;'.~:;;.;:J.!.,r""'""' $ -AUTOS ONLY -AUTOS Oil., e $ A X UMBRB.LA UAB ~OCCUR PUB572547 02/03/2017 02/03/2018 EACH OCCl.)!;5'/EIJCE > 5,000,000 -5,000,000 &JCCES'SUAB CLAIM$.MACE AGGREGATE $ DEO I I h8ENTIOIH $ C Wu ......... coMP ...... ATION 7600017889171 07/2012017 07120/2018 XlruTUTEI l ~t< AND BIPlDYERS' UABIU1Y YIN Atlr PROPRIETOR/PART!JER.£XECLJTI'it' D EL EACH ACO(ENT s 1,000 000 OFFICEF'IMEM8ER EXC!.UDEC/1 NIA 1,000,000 lM ...... rylnN-11 EL DISEASE EA EMR..0¥EI $ If yes. d13'Scnbo url(j,a,r Di=S:PIPTIOfJ CF OFlc~AT!QtJ<;b_.,.., EL DISEASE POL C( L MT S 1,000,000 CESCRIPTIONOF Ol'ERATIONSILOCATICNSI V&ta.ES (Aa>RD 101 Adcltloral Remllka Sr:h ...... , maybe lltachod If more apace lar1qulrod) Bridge Preventive Maintenance Program (2017) Contract Na. 6806-17 The City of Carlsbad, Its agents, dflcers or employees are named as additional Insured regarding general llabllltyperthe attached endorsement. Primary non~ontrlbutory wording applies per the attached endorsement waiver of subrogation applies per the attached 30 days notice of Intent to cancel, except 10 days for non-payment CERTIFICATE HOLDER City of Carlsbad Public Vlbr1<s Connet Amninlstration Division 1835 Faraday Avenue CARLSBAD, CA 920111 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICES Be CANCB.LED BEFORE ™E EXl'IRATION DATE TIEREOF, NOTICE IMU. BE DELI\IERED IN ACCORDANCE WmtTHEPOLICY PROIIISIONS. KNB ACORD 25 (2016.'031 C> 1988-2015 ACORD CORPORATION, All rights reserved. lhe ACORD name and logo are registered marks of ACORD Printed by KNBon November 09, 2017 al Ill 39AM POLICY NUMBER: SPP1332 AUTO 66400 COMMERCIAL CA990187 10 13 This Endorsement Changes The Policy. Please Read It Carefully BUSINESS AUTO COVERAGE EXPANSION ENDORSEMENT This endorsement modifies insurance provided by the following BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsemen~ the provisions of the COVERAGE FORM apply unless modified by the endorsement. A. Newly Acquired or Formed Organizations, Employee Hired Car Liability and Blanket Additional Named Insured Status for Certain Entities. Item 1. Who Is an Insured of Paragraph A. Coverage under SECTION II -COVERED AUTOS LIABILITY COVERAGE is amended to add: d. Arrt organization you newly acquire or form, other than a partnership1 joint venture or limited liability company, and over which you maintain ownership of a majority interest (greater than 50%), will qualify as a Named Insured, however, (1) coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy penod, whichever is earlier; (2) coverage does not apply to "bodily injury'', "property damage" or "covered pollution cost or expense" that results from an "accident" wt1ich occurred before you acquired or formed the organization; and (3) coverage does not apply if there is other similar insurance available to that organization, or if similar insurance woufd have been available but for its termination or e. An "employee" of yours is an ·~nsured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. f. Arr/ person or organization you are required by written contract or agreement to name as an additional ·insured", but only with respects to liability created in whole or in part by such agreement. C. Increase Of Loss Earnings Payment Subpart (4) of a. Supplementary Payments of Item 2. Coverage Extensions of Paragraph A. Coverage under SECTION II -COVERED AUTOS LIABILITY COVERAGE is amended to read: (4) We will pay reasonable expenses Incurred by the "Insured" at our request, including actual loss of earnings up to $1,000 per day because or time off from work. D. Fellow Employee Injured By Covered Auto You Own Or Hire Item 5. Fellow Employee of Paragraph B. Exclusions under SECTION II -COVERED AUTOS LIABILITY COVERAGE is amended to add: the exhaustion of its limits of This exclusion does not apply if the "bodily insurance. injury" results from the use of a covered "auto" you own or hire Such coverage as This insurance does not apply if 1s afforded by this provision is excess over coverage for the newly acquired or th II t'bl · formed organization is excluded either arrt O er co ec I e insurance. by the provisions of this coverage form D. Limited Automatic Towing Coverage or by endorsement. Item 2. Towing, of Paragraph A. Coverage, Page 1 of 4 Includes Copyrighted Material of Insurance Services Offices, Inc. CA990187 1 o 13 Used with permission under SECTION Ill -PHYSICAL DAMAGE COVERAGE is amended to read: 2. Towing We will pay for towing and labor costs each time that a covered "auto" is disabled. All labor must be performed at the place of disablement of the covered "auto". a. The limit for "autos· other than private passenger types is $250; b. The limit for •autos" of the private passenger type is as shown in the Declarations; c. No deductible applies to this cover- age. E. Item 3. Glass Breakage -Hitting A Bird Or Animal -Falling Objects or Missiles of Paragraph A. Coverage under SECTION Ill -PHYSICAL DAMAGE COVERAGE, is amended to add: Glass Repair Coverage We will waive the Comprehensive deductible for Glass, if one is indicated on your covered "auto•, for glass repairs. We will repair at no cost to you, any glass that can be repaired without replacement, provided the "Iossa arises from a covered Comprehensive aloss" to your "auto• F. Increase Of Transportation Expense Coverage Subpart a. Transportation Expenses of Item 4. Coverage Extensions of Paragraph A. Coverage under SECTION Ill - PHYSICAL DAMAGE COVERAGE is amended to read: a. Transportation Expenses We will pay up to $50 per day to a maximum of $1,000 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage or Theft Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss" G. "Personal Effects" Coverage Item 4. Coverage Extensions of Paragraph A. Coverage, under SECTION Ill - PHYSICAL DAMAGE COVERAGE, is amended to add: upersonal Effects" Coverage We will pay actual cash value for Mloss• to •personal effects• of the "Insured" while in a covered "auto· subject to a maximum limit of $2,500 per "loss". for that covered "auto" caused by the same "accident". No deductible will apply to this coverage H. uoowntime Loss" and Rental Reimbursement Coverage Item 4. Coverage Extensions, of Paragraph A. Coverage, under SECTION 111. PHYSICAL DAMAGE COVERAGE, is amended to add: "Downtime Loss" and Rental Reimbursement Coverage We will pay any resulting "downtime loss" and rental reimbursement expenses you sustain as a result of a covered physical damage "loss• to a covered ·auto" up to a combined maximum of$100 per day, for a maximum of 30 days for the same physical damage 'loss", subject to the following conditions: a. We will provide "downtime loss• and rental reimbursement beginning on the 611' day after. (1) We have given you our agreement to pay for repairs to a covered "auto• and you have given the repair facility your authonzat1on to make repairs; or (2) Coverage for "downtime loss'' and rental reimbursement expenses will end when any of the following occur: (a) You have a spare or reserve "auto" available to you to continue our operations. (b) You purchase a replacement •auto" (c) Repairs to your covered »auto" have been completed by the repair facility and they determine the covered •auton is roa~worthy (d) You reach the 30 day maximum coverage. I. "Personal Effects" Exclusion Paragraph B. Exclusions under SECTION Ill -PHYSICAL DAMAGE COVERAGE, is amended to add: Page2of4 Includes Copyrighted Material of Insurance Services Offices, Inc. CA99018710 13 Used with permission "Personal Effects" Exclusion We will not pay for "loss• to "personal effects" of any of the following: a Accounts, bills, currency, deeds, evidence of debt, money, notes, securities or commercial paper or other documents of value. b. Bullion, gold, silver, platinum, or other precious alloys or metals; furs or fur garments; jewelry; watches; precious or semi-precious stones. C Paintings, statuary and other works of art d. Contraband or property in the course of illegal transportation or trade e. "Loss" caused by theft, unless there is evidence of forced entry into the covered •auto· and a police report is filed. J. Accidental Airbag Discharge Coverage Item 3.a. of Paragraph B. Exclusions under SECTION 111-PHYSICAL DAMAGE COVERAGE is amended to read Accident or Disability Insurance purchased with the loan or lease; (4) Security deposits not refunded by the lessor, and (5) Carry-over balances from previous loans or leases L. Aggregate Deductible Paragraph D. Deductible under SECTION Ill -PHYSICAL DAMAGE COVERAGE is amended to add: Regardless of the number of covered •autos• involved in the same "loss·, only one deductible will apply to that "loss". If the deductible amounts vary by "autos", then only the highest applicable deductible will apply to that "loss". M. Diminishing Deductible Paragraph D. Deductible under SECTION Ill -PHYSICAL DAMAGE COVERAGE is amended to add. Arry deductible will be reduced by the percentage Indicated below on the first "loss• reported during the corresponding policy period: a. Wear and tear, freezing, mechanical or electrical breakdown. The exclusion relating to mechanical break-down does not apply to the accidental discharge of an air bag. Loss Free Polley Periods Dec:tuctlbla I With the Expansion Rec:tuctlon on the I K. Loan or Lease Gap Coverage Paragraph c. Limit Of Insurance under SECTION Ill -PHYSICAL DAMAGE COVERAGE is amended to add _ Endorsam=•=n"--1 _ ----+-..:..:.flrs:.=..t "-=-=lo=s-=-s·_· 1 : 1 0% 25% 50% If a covered "auto• is owned or leased and if we provide Physical Damage Coverage on It, we will pay, In the event of a covered total "loss", any unpaid amount due on the lease or loan for a covered ~auto•, less: ·3 I -- ~- l.2_ ____ _!00~-- lfwe pay a Physical Damage "loss· during the policy period under any BUSINESS AUTO COVERAGE FORM you have with a. The amount paid under the Physical Damage Coverage Section of the policy; and us, your deductible stated in the Declaration's page of each such COVERAGE FORM will not be reduced on any subsequent claims during the remainder of your policy period and your deductible reduction will revert back to 0% for each such COVERAGE FORM if coverage is renewed b. Any: Page3of4 (1) Overdue lease or loan payments including penalties, interest or other charges resulting from overdue payments at the time of the N. Knowledge of Loss and Notice To Us "lossw; Subsection a. of Item 2. Duties In the Event (2) Financial penalties imposed of Accident, Claim, Sult or Loss of under a lease ror excessive use, Paragraph A. Loss Conditions under abnormal wear and tear or high SECTION IV -BUSINESS AUTO mileage; CONDITIONS is amended to add: (3) Costs for extended warranties, However, prompt notice of the ''accident", Credit Life Insurance, Health, claim, "suit'' or "loss" to us or our Includes Copyrighted Material of Insurance Services Offices, Inc. CA990187 10 13 Used with permission J authorized representative only applies after the •accident', claim, "suit' or "loss" is known to: (1) You, if you are an individual; (2) A partner, if you are a partner-ship; (3) An "executive officer" or director, if you are a corporation; (4) A manager or member, if you are a limited liability company; (5) Your insurance manager, or (6) Your legal representative. 0. Waiver Of Subrogation For Auto Liability Losses Assumed Under Insured Contract Item 5. Transfer Of Rights Of Recovery Against others To Us of Paragraph A. Loss Conditions under SECTION IV - BUSINESS AUTO CONDITIONS is amended to read: 5. Transfer of Rights of Recovery Against others To Us If any person or organization to or for whom we make payments under thts Coverage From has rights to recover damages from another, those right are transferred to us That person or organization must do everything necessary to secure our rights and must do nothing after an "accident" or "loss· to °Impair them. However, if the insured has waived those rights to recover through a written contract, we will waive any right to recovery we may have under this Coverage Form. P. Insurance Is Primary and Noncontributory Subpart a of Item 5. Other Insurance of Paragraph B. General Conditions under SECTION IV -BUSINESS AUTO CONDITIONS is amended to read. a. This insurance is pnrnary and noncontributory, as respects any other insurance Q. Other Insurance -Hired Auto Physical Damage Subpart b. of Item 5 .. 0ther Insurance of Paragraph B. General Conditions under SECTION IV -BUSINESS AUTO CONDITIONS is amended to read: b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: (1) Any covered "auto'' you lease, Page4of4 hire, rent or borrow; and Includes Copyrighted Material of Ins Used with per (2) Any covered "auto" hired or rented by your "employee" under a contact in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". R. Unintentional Failure To Disclose Hazards Paragraph B. General Conditions under SECTION IV -BUSINESS AUTO CONDI- TIONS is amended to add: 9. Your failure to disclose all hazards existing as of the inception date of this policy shall not prejucbce the coverage afforded by this policy, provided that such failure to disclose all hazards is not intentional. However, you must report such previously undisclosed hazards to us as soon as practicable after its discovery. s. Additional Definition SECTION V -DEFINITIONS is amended to add: "Tractor" means a truck with a gross vehicle weight in excess of 45,000 pounds. "Personal effects· means personal property owned by the "insured". "Downtime loss" means actual loss of "business income• for the period of time that a covered •auto": 1. Is out of service for repair or replacement as a result of a covered physical damage "loss" and 2. Is in the custody of a repair facility if not a total •10ss". "Business Income" means· 1 Net income (Net profit of loss before income taxes that would have been earned or incurred; and 2. Continuing normal operating expenses incurred, including payroll. In this endorsement, Headings and Titles are inserted solely for the convenience and ease of reference. They do not affect the coverage provided by this endorsement, nor do they constitute any part of the terms and conditions of this endorsement All other policy wording not specifically changed, modified, or replaced by this endorsement wording remains in effect. POLICY NUMBER: PPK1608940 COMMERCIAL GENERAL LIABILITY CG20100413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations The City of Carlsbad, its agents, officers All covered locatlons. and employees Information required to complete this Schedule, if not shown above will be shown in the Declarations. A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury', ''property damage" or "personal and advertising injury" caused, in whole or in P3,rt, by: 1. Your acts or onissions; or 2. The acts or omissions of those actirg on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract o, agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to 'bodily injury" or "property damage" occurring after. 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service. maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of ''your work'' out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or sutcontractor engaged in perfomiing operations for a principal as a part of the same project. CG20100413 C Insurance Services Office, Inc., 2012 Page 1 of 2 C. With respect to the insurance afforded to these addtional insureds, the following 1s added to Section Ill -Limits Of Insurance: If coverage p-ovided to the additional insured is reqlired by a contract or agreemen~ the most we will IEY on behaf of the additional insured is the amount of insurance. 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less This endorsement shall rot increase the appicable Limits of Insurance shown in the Declarations Page 2 of2 © Insurance Services Office, Inc, 2012 CG 20100413 POLICY NUMBER. PPK1608940 COMMERCIAL GENERAL LIABILITY CG 24 040509 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided urder the following. COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: The City of Carlsbad, ils agents, officers and emplo)'ees Information required to complete this Schedule, if not shown above, will be shown in the Declarations The following is added to Paragrai:*l 8. Transfer Of Rights Of Recovery Against Others 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 paymeris we make for injury or damage arising out of your ongoing operations or "your work" done under a contract wlth that person or organization and incll.ded in the "products- completed operations hazard' This waiver applies only to the person or organization shown in the Schedule above CG 24040509 <O Insurance Services Office, Inc , 2008 Page 1 of 1 D PIC-GLN-036 (08/14) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED PRIMARY AND NON-CONTRIBUTORY INSURANCE This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization (Additional Insured): The Cit)' or Carlsbad, its agents, orficers and employees Bfective Date: 02/03/2017 SECTION 11-V\IHO IS AN INSURED is amended to include as an additional insured the person(s) or organization(s) shown in the endorsement Schedule, but only with respect to liability for "bodily injury," ~property damage• or "personal and advertising injury" arising out of or relating to your negligence in the performance of "your work" for such person(s) or organization(s) that occurs on or after the effective date shown in the endorsement Schedule This insurance is primary to and non-contributory with any other insurance maintained by the person or organization (Additional Insured), except for loss resulting from the sole negligence of that person or organization This condition applies even if other valid and collectible insurance is available to the Additional Insured for a loss or "occurrence·· we cover for this Additional Insured The Additional lnsured's hmits of insurance do not increase our limits of insurance, as described in SECTION Ill -LIMITS OF INSURANCE. All other terms, conditions, and exclusions under the policy are applicable to this endorsement and remain unchanged. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission POLICY NUMBER: PPK1608940 COMMERCIAL GENERAL LIABILITY CG 20 370413 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 COMMERCIALGENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Oraanlzatlon(s) Location And Description Of Completed o~rations The City of C1trlsbad, its agents, officers 1md employees All covered locations. Information reauired to complete this Schedule, if not shown above will be shown in the Declarations A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown 1n the Schedule, but only with respect to liabttity for "bodily injury" or "p-operty damage" caused, in whole or in part, by "your work" at the location designated and described in the SchedUle of this endorsement performed for that additional insured and included in the "products-completed operations hazard". However. 1. The insurance afforded to such additional insured only applies to the extent permitted by law, and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are reqlired by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: If coverage p-ovided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance 1. Required by the contract or agreement, or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations CG 20370413 CC> Insurance Services Office, Inc, 2012 Page 1 of 1 WORKERS COMPENSATI0'.'1 AND EMPLOYERS LIABILITY INSURANCE POLICY WC040306 W ATVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover our payments from anyone liable for an i~jury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform wt,rli under a written <'Ontrart that requires you to obtnin this agreement from us.) You must maintain payroll records accurately ~egregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2% of the California workers' compensation premium otherwise due on such remunemtion. SCHEDULE PERSON OR ORGANTZA TION ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FlJRNTSH THTS WAIVER JOB DESCRIPTION BLANKET WAIVER OF SUBROGATION Titis endorsement chan~es the policy to which it is attached and is effcctiYe 011 the date issued unless otherwise stated. (The information below is required only when this endorsement is inued subsequent to preparation of the policy.) Endorsement Effective: 07/20/2017 Insured: Leonida Builders. Inc. Policy No. 7600017889171 Insurance Company: E,·erest National Insurance Company Endorsement No. 001 Premium $ INCL. Countersigned By: _________________________ _ -1998 by the Workers' Compensation lnsurancl! R:ning Bureau orC2lirornia. All rigllls r,~n-·t:d. Fr11m the WCIRB's California Wor~rs· Compeosarlun Insurance Forms Manual-1999. BIDDER'S STATEMENT RE DEBARMENT (To Accompany Proposal) BRIDGE PREVENTIVE MAINTENANCE PROGRAM (2017) CONTRACT NO. 6606-17 1) 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 agency period of debarment BY CONTRACTOR: Leonida Builders Inc. (name of Contractor) (sign here) Panagiotis Leonida, President (print name/title) party debarred agency period of debarment Page _1 _ of _1 _ pages of this Re Debarment form l'\ •ff Revised 7/19/17 Contract No. 6606-17 .,)·-~ 'i.:: 'v ' ,.,. ; ' • t \ i ~ l,_ t •. ' \ Page 25 of 138 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) BRIDGE PREVENTIVE MAINTENANCE PROGRAM (2017) CONTRACT NO. 6606-17 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? X 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. N/A (If needed attach additional sheets to provide full disclosure.) Page _1 _ of _1 _ pages of this Disclosure of Discipline form l' •ff Revised 7/19/17 Contract No. 6606-17 Page 26 of 138 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) BRIDGE PREVENTIVE MAINTENANCE PROGRAM (2017) CONTRACT NO. 6606-17 1) If the answer to either of 2. or 4. above is yes fully identify, in each and every case, the party whose 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. N/A (If needed attach additional sheets to provide full disclosure.) BY CONTRACTOR: Leonida Builders Inc. (name of Contractor) (sign here) Panagiotis Leonida, Presiden (print name/title) Page _1 _ of _1 __ pages of this Disclosure of Discipline form l' • ., Revised 7/19/17 Contract No. 6606-17 ..,,, ... ;",,. ><:'.'~J-~-.' r :: , ,.~,,,, t ! . ' . ~ l t; ~ • • 4 > • . .•. ;· ·. "-.: I ..... ' I I ~ .. •,''!,.I' Page 27 of 138 Pages . I NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 BRIDGE PREVENTIVE MAINTENANCE PROGRAM (2017) CONTRACT NO. 6606-17 The undersigned declares: 1 am the President of Leonida Builders In~· the party making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is e cuted on October 22 , 20~ at Santa Clarita [city], CA [state]. Signature of Bidder ' . l' •;, Revised 7/19/17 Contract No. 6606-17 Page 28 of 138 Pages / ,, ,, CONTRACT PUBLIC WORKS This agreement is made this I 0~ day of ':::,q,V\kAA(1~, , 20 \ ~ by and between the City of Carlsbad, California, a municipal corpora n, (hereinafter called "City"), and Lionida Builders, Inc., a California corporation, whose principal place of business is 15821 Live Oak Springs Canyon Road, Santa Clarita, CA 91387, (hereinafter called "Contractor"). City and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in the Contract documents for: BRIDGE PREVENTIVE MAINTENANCE PROGRAM (2017) CONTRACT NO. 6606-17 (hereinafter called "project") 2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents. 3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids, Contractor's Proposal, Bidder's Bond, Noncollusion Declaration, Designation of Subcontractors, 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 of the Contractor to apprise subcontractors and materials suppliers of this condition of the Contract will not relieve responsibility of compliance. 4. Payment. For all compensation for Contractor's performance of work under this Contract, City shall make payment to the Contractor per section 9-3 PAYMENT of the General Provisions section of this contract. The Engineer will close the estimate of work completed for progress payments on the last working day of each month. The City shall withhold retention as required by Public Contract Code Section 9203. l' •+; Revised 7/19/17 Contract No. 6606-17 Page 29 of 138 Pages 5. Independent Investigation. Contractor has made an independent investigation of the jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the work, and is aware of those conditions. The Contract price includes payment for all work that may be done by Contractor, whether anticipated or not, in order to overcome underground conditions. Any information that may have been furnished to Contractor by City about underground conditions or other job conditions is for Contractor's convenience only, and City does not warrant that the conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground conditions and has not relied on information furnished by City. 6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenches or other excavations that extend deeper than four feet below the surface Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: A. Hazardous Waste. Material that Contractor believes may be material that is hazardous wc!ste, 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 Ill disposal site in accordance with provisions of existing law. B. Differing Conditions. Subsurface or latent physical conditions at the site differing from those indicated. C. Unknown Physical Conditions. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract. City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in contractor's costs of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in this contract. In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the contractor's cost of, or time required for, performance of any part of the work, contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. 7. Immigration Reform and Control Act. Contractor certifies it is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this Contract. 8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with California Labor Code, section 1773 and a copy of a schedule of said general prevailing wage rates is on file in the office of the City Engineer, and is incorporated by reference herein. Pursuant to California Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor shall post copies of all applicable prevailing wages on the job site. Contractor shall comply with California Labor Code, section 1776, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require all subcontractors to comply with Section 1776. l' •+;' Revised 7/19/17 Contract No. 6606-17 Page 30 of 138 Pages 9. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those relating to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by the Contractor, whether intentional or otherwise, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. 10. Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. Said insurance shall meet the City's policy for insurance as stated in City Council Policy# 70. {A) Coverages And Limits Contractor shall maintain the types of coverages and minimum limits indicted herein: a. Commercial General Liability Insurance: $2,000,000 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: $2,000,000 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 and Employers' Liability limits of $1,000,000 per incident. 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 l' •+;' Revised 7/19/17 Contract No. 6606-17 Page 31 of 138 Pages 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 insurer's liability. (C) Notice Of Cancellation. Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage or limits except after ten (10) days' prior written notice has been sent to the City by certified mail, return receipt requested. (D) Deductibles And Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured retention levels must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. (E) Waiver Of Subrogation. All policies of insurance required under this agreement shall contain a waiver of all rights of subrogation the insurer may have or may acquire against the City or any of its officials or employees. (F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Coverages for subcontractors shall be subject to all of the requirements stated herein. (G) Acceptability Of Insurers. Insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:VII. Insurers must also be authorized to transact the business of insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a listing in the official publication of the Department of Insurance of the State of California and/or under the standards specified by City Council Policy# 70. (H) Verification Of Coverage. Contractor shall furnish the City with certificates of insurance and original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be in forms approved by the City and are to be received and approved by the City before the Contract is executed by the City. (I) Cost Of Insurance. The Cost of all insurance required under this agreement shall be included in the Contractor's bid. 11. Claims and Lawsuits. All claims by Contractor shall be resolved in accordance with Public Contract Code section 9204, which is incorporated by reference. A copy of Section 9204 is included in Section 3 of the General Provisions. In addition, 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 l'\ •+;' Revised 7/19/17 Contract No. 6606-17 Page 32 of 138 Pages 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. In the event of a conflict between Section 9204 and Article 1.5, Section 9204 shall apply. Notwithstanding the provisions of this section of the contract, all claims shall comply with the Government Tort Claim Act (section 900 et seq., of the California Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit for breach of this agreement. (A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. (B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution. (C) Government Code. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. (D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. (E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented from further bidding on public contracts for a period of up to five years. (F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. (G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor from participating in future contract bidding. (H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. t7 i I have read and understand all provisions of Section 11 above. _r_L init ____ init 12. Maintenance of Records. Contractor shall maintain and make available at no cost to the City, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 1, Article 2, of the Labor Code. If the Contractor does not maintain the records at Contractor's principal place of business as specified above, Contractor shall so inform the City by certified letter accompanying the return of this Contract. Contractor shall notify the City by certified mail of any change of address of such records. 13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with section 1720 of the Labor Code are incorporated herein by reference. 14. Security. Securities in the form of cash, cashier's check, or certified check may be substituted for any monies withheld by the City to secure performance of this contract for any obligation established by this contract. Any other security that is mutually agreed to by the Contractor and the City may be substituted for monies withheld to ensure performance under this Contract. l' • ., Revised 7/19/17 Contract No. 6606-17 Page 33 of 138 Pages 15. Unfair Business Practices. In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the parties. 16. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon application of either party, the Contract shall forthwith be physically amended to make such insertion or correction. 17. Additional Provisions. Any additional provisions of this agreement are set forth in the "General Provisions" or "Supplemental Provisions" attached hereto and made a part hereof. NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED (CORPORATE SEAL) CONTRACTOR: Leonida Builders Inc. (name of Contractor) (sign here) Panagiotis Leonida, President (print name and title) By:------------- (sign here) (print name and title) CITY OF CARLSBAD the Sta ~ Barbara Engles ·cipal corporation of .', . ( ) '~ : · ..... •,.,) ! I I I • ' \ \ Ir t I 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 Attorn;~ / ,,.----..___ By-'-: -----'~'-------____;; ___ _ Deputy City Attorney l'\ •,;' Revised 7/19/17 Contract No. 6606-1 7 Page 34 of 138 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California , _ 11 County of ~ \1'1<'"\., ':1)..-1.;:_..x_~ __ /~ On \ \ -'L \ ~ \ ......, before me, _____:.¥-_'-_,:......L_· _=_· L_\...-------1·-"'J __ C.:C_-, "_-_'--_......,._....,,___ __ :::....__,___.........__--¥ ""'s-t., 'c_ Date Here Insert Name and Tit e of the Officer personally appeared -;-\2-l'-\~'\.,-'U_L>\.........,C,-:t-~-\~O~t:\~"~~--~~~dl_··~\.('y\~~"'~c~\_._&~---------____ _ 1 Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(&}. whose name(s) is/a,e.....___ subscribed to the within instrument and acknowledged to me that he/SA9.4Aey executed the same in his/hert'tl ,eirauthorized capacity(ies)., and that by his/herttl"mir signature~n the instrument the person(sr,--- or the entity upon behalf of which the person(sracted, executed the instrument. KULDIP SINGH Commission # 2095022 z . Notary Public • California ~ z · ~, "'" Los Angeles County ~ ) • ~"·; ~-• .~ S0w12· tx~r!s tag t2-Ji1d Place Notary Sea/ Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ~ C2' Signature __ ~==::'.~~::::::===---~==::::::.:_--~~ ---------------OPTIONAL--------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: _____________ Document Date: _______ _ Number of Pages: ___ Signer(s) Other Than Named Above: ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ___________ _ Signer's Name: ___________ _ D Corporate Officer -Title(s): ______ _ [J Corporate Officer -Title(s): ______ _ [] Partner -D Limited C General D Partner -D Limited D General D Individual D Attorney in Fact D Individual D Attorney in Fact ll Trustee D Guardian or Conservator C Trustee 1J Guardian or Conservator D Other: ______________ _ D Other: ____________ _ Signer Is Representing: ________ _ Signer Is Representing: ________ _ • ©2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 *Exhibits excluded.* MINUTES OF THE DIRECTOR'S MEETING MINUTES OF A MEETING OF DIRECTORS of Leonida Builders Inc. (the "Corporation") held at 1822A East Route 66, Glendora, CA on this 11th day of June, 2010. 1. The following member was present, constituting the entire board: Panagiotis Leonida, President. 2. The sole director of the Corporation being present, formal notice calling the meeting was dispensed with, and the meeting declared to be regularly called. 3. UPON A MOTION DULY MADE, seconded and unanimously carried, Panagiotis Leonida, President, acted as Chairperson of the meeting, as well as Secretary. 4. The following memorandum was then read and ordered to be inserted in these minutes: "I, the sole director of the Corporation, consent to this meeting being held at the above time and place and do ive notice and publications of this meeting, and consent to the transaction of such b i s, as may have come before it, as testified by my signature below. ____ __,,.,,.._...,,.... _________ (Signature) Panagiotis Leonid~ 5. Minutes of the last regular meeting were read and, upon motion duly made, seconded and carried, were adopted as read. 6. The Chairperson presented to the meeting and thereupon the following resolutions were offered, seconded and unanimously adopted. IT WAS RESOLVED THAT: 1. The following individual is appointed and confirmed as the sole officer of the Corporation: Panagiotis Leonida, President, Secretary, and Treasurer. 2. Following the Judgment of Dissolution entered on June 11, 2010, Elly Leonida is no longer Vice President and has not financial interest or benefit in Leonida Builders Inc., since the date of separation. A copy of the Judgment of Dissolution dated June 11, 2010 is attached hereto as "Exhibit A". 3. Further, Elly Leonida no longer has authority or discretion to transaction business on behalf of the corporation. 4. However, all acts taking place by Elly Leonida, as former Vice President, made on behalf of the corporation prior to the date of Judgment of Dissolution, June 11, 2010, are hereby approved and ratified. 5. Leonida Builders Inc. owns ten thousand (10,000) shares of common stock and all 10,000 shares (100%) are held by Panagiotis Leonida, the sole shareholder of Leonida Builders Inc. 6. Panagiotis Leonida, as President, has the sole authority to execute contracts and bind the corporation in all business matter. 7. Panagiotis Leonida, as President, has the sole discretion to make decisions and transact business on behalf of the corporation. 8. Panagiotis Leonida, as President, has the sole authority to appoint, employee, terminate discharge, or retain employees or officers to work on behalf of the corporation. 9. There being no further business to come before the meeting, the meeting was adjourned. f California on the 11th day of June, 2010. Chairperson Name: ?°'~S>':ri~ 1-eoo,4. Bond# SXACSU 0728779 LABOR AND MATERIALS BONO WHEREAS, the City Council of the City of Carlsbad, State of California, has awarded to Leonida Builders, !nc., a California corporation, {hereinafter designated as the "Principal"), a Contract for: BRIDGE PREVENTIVE MAINTENANCE PROGRAM (2017) CONTRACT NO. 6606·17 in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract Documents now on file ln the Office of the City Clerk of the City of Carlsbad and all of which are incorporated herein by this reference. WHEREAS, Pnncipal 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, L.eomda Builders, Inc., as Principal, (hereinafter designated as the "Contractor"), and Allegheny Casualty Company as Surety, are held firmly bound unto the City of Carlsbad in the sum of FOUR HUNDRED THIRTY- FOUR THOUSAND FOUR HUNDRED TWENTY Dollars ($434,420), 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 CONDrTlON OF THIS OBUGATlON IS SUCH that if the Contractor or h!s/her subcontractors fall 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 klnd. consistent with California CiVil Code section 9100, or for amounts due under the Unemployment Insurance Code wlth respect to the work or labor performed under this Contract, or for any amounts required lo be deduct6d. 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 wiH pay for the same, and, a!so, in case suit is brought upon the bond, reasonable attorney's fees. to be fixed by the court consistent with California Civil Code section 9554 This bond shall inure to the benefit of any of the persons named in California Civil Code section 9100, so as to give a right of action to those persons or their assigns in any suit brought upon the bond. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the wcirk to be performed nereunder 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. alterntnns t,r additior~ t,; the terms of the conlmct or to the work or to the specifications, ft "1 Revised 7/19117 Contract i',10. §~.I Page 35 of 138 Pages In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obitgatlons under this bond Executed by CONTRACTOR this ______ _ day of ________ _ CONTRACTOR: '•() ',(__~--- Leonida Builders, Inc. (name of Contractor) Panagiotis Leonida (print name here) President Executed by SURETY this __ 2_n_d ____ day of __ N_o_v_e_m_b~e_r ______ , 20_1~7 __ SURETY: --~_!!~gheny Casualty Company (name of Surety) 2400 E. Katella Ave# 250 Anaheim, CA 92806 (address of Surety) Surety: 714-602-9170 Agent: 951-553-7400 7er,,,hone nu~ber of ~urety) B : ,, ,,/'z;~/ :(~ --y ----~~~,--------------- _\\';-,,;,;,,}_ . '-,-f-.. ' :'') 4 # ,/ {title and organization 0f signatory) -· (signature of Attorney-in-Fact} -." -{' )' . -'\ 0 'ffy: ________________ _ , ~ 0·~;, ~?1\ ____ (_p-,i:-:- 1 :-:-:-:-':-:-_ r-e) _____ _ Kyle T. Baker .... .' i .:,;'· ,~ •. ·, (title and organization of signatory) {printed name of Attorney-in-Fact) (attach corporate resolution showing current power of attorney) (Proper notarial acknowledgment of executio,1 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: CEUA A BREWER CityAttorne~ By:~ Deputy City Attorney (' tr Revised 7/19/17 Contract No OOOb-17 Page 36 of 138 Pages POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY ALLEGHENY CASUAL TY COMPANY Bond # SXACSU 0728779 One Newark Center, 20th Floor, Newark, New Jersey 07102-5207 PHONE: (973) 624-7200 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey, and ALLEGHENY CASUAL TY COMPANY a corporation organized and existing under the laws of the State of New Jersey, having their principal office in the City of Newark, New Jersey, do hereby constitute and appoint TIMOTHY C. BAKER. KAREN A. EBY, KYLE T. BAKER. Murrietta, CA their true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUAL TY COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices, This Power of Attorney is executed, and may be revoked, pursuc1nt to and by authority of tt1e By-Laws of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUAL TY COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 2oth day of July, 2010 and by the Board of Directors of ALLEGHENY CASUAL TY COMPANY at a meeting duly held on the 10th day of July, 2015 "RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Vice President, or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys-in-Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointments of joint-control custodians, agents for acceptance of process, and Attorneys-in-fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed." IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUAL TY COMPANY have each executed and attested these presents on this 31st day of December, 2016 STATE OF NEW JERSEY County of Essex George R. James Executive Vice President (lnternationai Fidelity Insurance Company) and Vice President (Allegheny Casualty Company) On this 31st day of December, 2016 , before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said he is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and of ALLEGHENY CASUAL TY COMPANY; that tt1e seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written. CERTIFICATION Cathy Cruz a Notary Public of New Jersey My Commission Expires April 16, 2019 I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUAL TY COMPANY do hereby certify that I have compared the foregoing copy of the Power of l\tlorney and affidavit, and the copy of the Sections of tt-ie By-Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home tif :;a;d companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has n•Jt been revoked and 1s now in fuil force and effect. IN TESTIMONY WHEREOF. I have hereunto set my hand on !his 0ay, November 02, 2017 A02155/ Diamond Valley Insurance Services. Inc. Maria H. Branco, Assistant Secretary I I I I I 'I , I I CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragrap · true and correct. (Title or description of attached document) (Tit!e or description of attached document continued) Number of Pages __ Document Date ___ _ CAPACITY CLAIMED BY THE SIGNER D Individual (s) D Corporate Officer (Title) D Partner(s) D Attorney-in-Fact o Trustee(s) 0 Other __________ _ INSTRUCTIONS FOR COMPLETING THIS FORM This form comp/i,;s with current Cahji,rnia statutes regard111g nota,y ,rnrd,ng and. if needed. should be completed and attached to the document. Acknmrledgments fi'om other states may he compfrted for documents being sent to that state so long as the lrordmg does not requu-e the C 'ul~fonua notury to riolate ( 'a/~forma nota1~1 law • State and Count, information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed b, 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 b, crossing off incorrect fonns (i e lte she~ is are ) or circling the correct forms Failure to correct!, indicate this information ma, lead to rejection of document recording • The notary seal impression must be clear and photographicall, reproducible. Impression must not co,er text or lines. If seal impression smudges. re-seal if a sumcient area permits. othern ise complete a different acknowledgment form. • Signature of the notar, public must match the signature on file \\ ith the omce of the county clerk. •!• Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document •!• Indicate title or type of attached document. number of pages and date. •!• Indicate the capacity claimed by the signer If the claimed capac1t, is a corporate officer. indicate the title (i e. CEO. CFO. Secretar,) • Securely attach this document to the signed document \\ ith a staple CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } County of ~l~o ..... S,..___~f>r~~-tl~!~f ____ _ On ~f~.l.,._._.,,_,~I +-J ~2~o~l~:1~----before me, ......__._.,_,_"'-"-'l-'--<-l'"'--_.,.,'-"'--'-""'-..ll..l.:"4-"'L.3,_--'"-'-~~------ Date Officer personally appeared ---~P°'--"'"-'f:l~-jr\ .... o~-\:-~-5~--l~~~v~b~·, .... oF-"0::::: ______________ _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person~ whose namer,.) is/a'!le subscribed to the within instrument and acknowledged to me that he/s~/thisy executed the same in his/~/t~r authorized capacity(i~, and that by his/h~r/their signature15i on the instrument the person(~. or the entity upon behalf of which the person(S}-acted, executed the instrument LORENZO DOMINIQUE RILEY _ Commission # 2086806 ~ . -a Notary Public -California I j .~i·.. Los Angeles County ~ •••••• '1 goTru· 5xeir:s 2~ ts-.2~1~( Place Notary Seal and/or Stamp Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal. f Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: ___________________________ _ Document Date: _____________________ Number of Pages: ____ _ Signer(s) Other Than Named Above: ________________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: o Corporate Officer -Title{s): _______ _ o Corporate Officer -Title(s): _______ _ o Partner - o Limited D General o Partner - o Limited o General o Individual D Attorney in Fact o Individual D Attorney in Fact o Trustee o Guardian of Conservator o Trustee o Guardian of Conservator o Other: o Other: Signer is Representing: _________ _ Signer is Representing: _________ _ (02017 National Notary Association M1304-09 (09/17) Bond# SXACSU 0728779 Premium: $7,516.00 FAITHFUL PERFORMANCE/WARRANTY BOND WHEREAS, the City Council of the City of Carlsbad. State of California. has awarded to Leonida Builders, lnc, a California corporation, (hereinafter designated as the "Principal"), a Contract for BRJOGE PREVENTIVE MAINTENANCE PROGRAM (2017) CONTRACT NO. 6606-17 in the City of Carlsbad, in strict conformity with the contract the drawings and specifications, and other Contract Documents now on f!!e in the Oft1ce 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, Leonida Builders, Inc., as Principal, (hereinafter designated as the "Contractor"), and Allegheny Casualty Company as Surety, are held and firmly bound unto the City of Carlsbad, in the sum of FOUR HUNDRED TH!RTY~FOUR THOUSAND FOUR HUNDRED TWENTY Dollars ($434,420), 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 m 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 so~cified, and in all respects according to their true intent and meaning, and snail 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 ln full force and effect As a part of the obligation secured hereby and in addition to the tace 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, al! to be ta:xed 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 ta the terms of the contract or to the work or to the specifications. Page 37 of 138 Pages ,· ,, J' 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 __________ , 20 __ _ CONTRACTOR: Leonida Builders, Inc. Panagiotis Leonida (print name here) President (Title and Organization of Signatory) Executed by SURETY this 2nd day of _ __ N_o_v_e_m_b_e_r ______ , 20 17 SURETY. Allegheny Casualty Company (name of Surety) 2400 E. Katella Ave# 250 Anaheim, CA 92806 (address of Surety) Surety: 714-602-9170 A9ent: 951-553-7400 (telephone number of Surety) _.,,---7 / , ... ,,."'? !' /F;, . . _,,.::---=;:. Sy: _,...._ _, ... _ .. -e_ . ...,. .,.,.,.,._.,_~ -..... .-.._, .,._ ..... -,-.::.C:::::_....,.~ .... ·--· _._ .. _ .. ---- (sTgnature of Attorney-in-Fact) Kyle T. Baker '-':' l ' •. · ,,:~y: --------------- ' , -, .;:_ {sign here) (printed name of Attorney-in-Fact) ·1 ··, · '.r \J-:--. """·.:_,_.., ""'·_ ---(p-r-in_t_n_a_m_e_h_e_r_e_) --_._., __ (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: __ ~~~ Deputy City Attorney ~-. Q Revised 7!19117 Cortract No. §GOO:..!I Page 38 of 138 Pag$s POWER OF ATTORNEY INTERNATIONAL F!DEUTY INSURANCE COMPANY ALLEGHENY CASUAL TY COMPANY Bond# One Newark Center, 20"· FIGG'". t~ev1ark, New j8rsey 07102-5207 PHONE: (973) 624-7200 SXACSU 0728779 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under tt1e laws of the State of New Jersey. and ALLEGHENY CASUAL TY COMPANY a corporation organized and existing under the laws of the State of New Jersey, having their principal office in the City of Newark, New Jersey, do hereby constitute and appoint TIMOTHY C. BAKER, KAR.EN A. EBY, KYLE T. BAKER. Murrietta, CA. their true and lawful attorney(s)-in-fact to execute, seal and deliver fci! ;;nd on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereat. ·1vt;ich ai'e or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrurnent(s) in pu~suancc ·Jf these pre~ents. shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUAL TY COMPANY. as folly and arnpl/, lo all intent;, and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers al :heir principal offices. Tnis Power of Attorney is executed and may be revoked, r,ursuant to a11d by authority of the By-Laws of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY a1:d is graI1tecJ •mder ar:d by authority of the following resolution adopted by the Board oi Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting du;y held on the 2oth day of July, 2010 and by the Boart:i of Directors of ALLEGHENY CASUALTY COMPANY at a meeting duly held on the 10th rtay of July, 2015 "RESOLVED, tt1at (1) the Chief Executive Officer, President, Executive Vice President, Vice President, or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys-in-Fact or agents with power and authority as defined or lirrnted in their respective powers of attorney, and to execute on behalf of the Cc,rporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointments of joint-control custodians, agents for acceptance of process, and Attorneys--in-fact with authority t.o execute waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation In the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporalio11, to be valid and binding upon the Corporation with the same force and effect as \hough manually affixed." IN WITNESS WHEREOF, INTERNATIONAL FIDELffY INSURANCE COMPANY and ALLEGHENY CASUAL TY COMPANY have each executed and attested these presents on this 31st day of December 2016 STATE OF NEW JERSEY 1 Cooofy of Esse: ________ ~~ George R. James Execut:ve Vice President (International Fidelity Insurance Company) ana Vice President (Allegheny Casualty Company) On this 31st day of December, 2016 . before me came the individual whc executed the preceding instrument. to me personally known, and, being by me duly sworn, said he is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and of ALLEGHENY CASUAL TY COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written CERTIFICATION Cathy Cruz a Notary Public of New Jersey My Commission Expires April 16, 2019 I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPAN\ and ALLEGHENY CASUAL TY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and afticlav!t, and the copy of the Sections rJf the By-Laws of said Companies as set forth in said Power of Attorney, with the original,, on file in the home of sa:d companies, and that lhe same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been rr,voked and i;:; now in full force and effect. IN TESTIMONY WHEREOF. I have hereunto :;et my ~,and on inis day, November 02, 201 7 A02155/ Diamond Valley Insurance Serv;ces, Inc. Maria H. Branco, Assistant Secretary ! I I CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } County of m tio//Sf j{~--} 0~ 2efoq1/---,---L--LJ.:....~~~~~~ personally appeared ----~,.....<-----'-----'---""'--'"'-----"--""-~-=-----....,..._--- who pro rzt~ me on the basis of S 1sfactory evidence to be the person whose ?me @Pyc subscribed to the w!!J;lin instrument and acknowledged to me that r , ltl)e'y executed the same in6t#tt~ authorized capacity~), and that by (' , ,isl ~!tpeir signatur~ on the instrument the perso~, or the entity upon behalf of '-w ich the person,0 acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. INSTRUCTIONS FOR COMPLETING THIS FORM ADDITIONAL OPTIONAL INFORMATION Thisfimn comphes ,rirh current Ca/rfi,rma statutes regard111g nota,J 11ord111g and. DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Tit!e or description of attached document continued) Number of Pages __ Document Date ___ _ CAPACITY CLAIMED BY THE SIGNER D Individual (s) D Corporate Officer (Title) D Partner(s) D Attorney-in-Fact o Trustee(s) o Other _________ _ if needed. should be completed and al/ached to the docu111ent. Acknvirledgments fi'om other slates nul_l" be completed fi,r documents being sent to that state so long as the ,rordmg does not require the Cahfornra notw1· to no/ate Ca/rfim1111 no/an !tm • State and County infonnation must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears "ithin 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 fonns (i.e. he she~ is are J or circling the correct forms. Failure to correcth indicate this information may lead to rejection of document recording • The notar, seal impression must be clear and photographically reproducible Impression must not co,er text or lines. If seal impression smudges. re-seal if a sufficient area permits. otherwise complete a different ackno\\ ledgment form. • Signature of the notan public must match the signature on file \\ith the office of the county clerk •!• Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. •!• Indicate title or t, pe of attached document_ number of pages and date. •!• Indicate the capacit, claimed by the signer If the claimed capac1t, is a corporate officer. indicate the title (i e. CEO. CFO. Secretar, ). • Secure!} attach this document to the signed document \\Ith a staple CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only tl1e identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } County of _l=, =D--~.___,_,A.._..~-'='\--'~ ........ \ ...,,._t,L..._5 ___ _ On /J,./01/ '2a '/) before me, { Q Y"Jth 2 o D..:>M ~ h, a\,,l,J.,. ~}\ ~~ h ,, . Here lnser~ Name and Title of the Office-I Date personally appeared ___ _,Y'---'"'8.."--'h~~:::,,,,q~iL.!o,uL~-'--..L~ ..;,.5 __ _.L__,,,S?,""'.:>'....J\\µ._i\_._i, ..... \.,,;0-.~-----------~ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person~ whose namets) is/a'!<€ subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/h'~r/t~r authorized capacity(i'es), and that by his/t1'6r/tlleir signature(S}on the instrument the person~ or the entity upon behalf of which the person~ acted, executed the instrument. LORENZO DOMINIQUE RILEY Commission # 2086806 z . Notary Public -California I } "~~,, Los Angeles County :!:: • ; 4 ~-4 wMl go~nz· ix~r!s 2c1 1J}&1 ~l Place Notary Seal and/or Stamp Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: ___________________________ _ Document Date: _____________________ Number of Pages: ____ _ Signer(s) Other Than Named Above: ________________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ____________ _ o Corporate Officer -Title(s): _______ _ o Partner -o Limited D General D Individual D Trustee o Other: o Attorney in Fact o Guardian of Conservator Signer is Representing: _________ _ ((l2017 National Notary Association Signer's Name: ____________ _ D Corporate Officer -Title(s): _______ _ o Partner - D Limited o General D Individual D Trustee D Other: o Attorney in Fact o Guardian of Conservator Signer is Representing: _________ _ Ml304-09 (09/17) OPTIONAL ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between the City of Carlsbad whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called "City" and _____________________________ whose address is ______________________________ hereinafter called "Contractor" and _______________________ whose address is --------------------------------hereinafter called "Escrow Agent." For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as follows: 1. Pursuant to section 22300 of the Public Contract Code of the State of California, the Contractor has the option to deposit securities with the Escrow Agent as a substitute for retention earnings required to be withheld by the City pursuant to the Construction Contract entered into between the City and Contractor for BRIDGE PREVENTIVE MAINTENANCE PROGRAM (2017) CONTRACT NO. 6606-17 in the amount of ____________ dated ______ (hereinafter referred to as the "Contract"). Alternatively, on written request of the Contractor, the City shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the City within 10 days of the deposit. The market value of the securities at the time of the substitution shall be a least equal to the cash amount then required to be withheld as retention under the terms of the contract between the City and Contractor. Securities shall be held in the name of the City and shall designate the Contractor as the beneficial owner. 2. The City shall make progress payments to the Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. 3. When the City makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until such time as the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the City pays the Escrow Agent directly. 4. The Contractor shall be responsible for paying all fees for the expenses incurred by the Escrow Agent in administering the Escrow Account and all expenses of the City. These expenses and payment terms shall be determined by the City, Contractor and Escrow Agent. 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the City. l'\ •ff Revised 7/19/17 Contract No. 6606-17 Page 39 of 138 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: For Contractor: For Escrow Agent: Title _____ _...;_F'-'-IN""""A-"-N-'-'CC...::E=-=-D'-'-IR-=E=-cC'""'T.....;O'-'-R-'---__ _ Name _________________ _ Signature ________________ _ Address 1635 Faraday Avenue, Carlsbad, CA 92008 Title ------------------- Name _________________ _ Signature ________________ _ Address ________________ _ Title _________________ _ Name _________________ _ Signature ________________ _ Address ----------------- At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. ('\ •,;' Revised 7/19/17 Contract No. 6606-17 Page 40 of 138 Pages IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. For City: Title MAYOR ----------'-'-'-'--'--'---"---'---'-------- Name ------------------ Signature ________________ _ Address 1200 Carlsbad Village Drive, Carlsbad, CA 92008 For Contractor: Title _________________ _ Name _________________ _ Signature ________________ _ Address ----------------- For Escrow Agent: Title __________________ _ Name _________________ _ Signature ________________ _ Address ________________ _ l' •+;' Revised 7/19/17 Contract No. 6606-17 Page 41 of 138 Pages GENERAL PROVISIONS FOR BRIDGE PREVENTIVE MAINTENANCE PROGRAM (2017) CONTRACT NO. 6606-17 CITY OF CARLSBAD BIDDERS ARE ADVISED THAT THIS SECTION REPLACES PART 1, GENERAL PROVISIONS, OF THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION SECTION 1 --TERMS, DEFINITIONS, ABBREVIATIONS, AND SYMBOLS 1-1 TERMS -Unless otherwise stated, the words directed, required, permitted, ordered, instructed, designated, considered necessary, prescribed, approved, acceptable, satisfactory, or words of like meaning, refer to actions, expressions, and prerogatives of the Engineer. 1-1.1 Reference to Drawings. Where words "shown", "indicated", "detailed", "noted", "scheduled", or words of similar import are used, it shall be understood that reference is made to the plans accompanying these provisions, unless stated otherwise. 1-1.2 Directions. Where words "directed", "designated", "selected", or words of similar import are used, it shall be understood that the direction, designation or selection of the Engineer is intended, unless stated otherwise. The word "required" and words of similar import shall be understood to mean "as required to properly complete the work as required and as approved by the Engineer," unless stated otherwise. 1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "equivalent", and such words of similar import are used, it shall be understood such words are followed by the expression "in the opinion of the Engineer", unless otherwise stated. Where the words "approved", "approval", "acceptance", or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Engineer is intended. 1-1.4 Perform. The word "perform" shall be understood to mean that the Contractor, at its expense, shall perform all operations, labor, tools and equipment, and further, including the furnishing and installing of materials that are indicated, specified or required to mean that the Contractor, at its expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools, equipment, and transportation. 1-2 DEFINITIONS. The following words, or groups of words, shall be exclusively defined by the definitions assigned to them herein. Addendum -Written or graphic instrument issued prior to the opening of Bids which clarifies, corrects, or changes the bidding or Contract Documents. The term Addendum shall include bulletins and all other types of written notices issued to potential bidders prior to opening of Bids. l' •+;' Revised 7/19/17 Contract No. 6606-17 Page O of 138 Pages Agency -The City of Carlsbad, California. Agreement -See Contract. Assessment Act Contract - A Contract financed by special assessments authorized under a State Act or procedural ordinance of a City or County. Base - A layer of specified material of planned thickness placed immediately below the pavement or surfacing. Bid -The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices for the Work. Bidder -Any individual, firm, partnership, corporation, or combination thereof, submitting a Bid for the Work, acting directly or through a duly authorized representative. Board -The officer or body constituting the awarding authority of the Agency, which is the City Council for the City of Carlsbad or the Board of Directors of Carlsbad Municipal Water District. Bond -Bid, performance, and payment bond or other instrument of security. City Council -the City Council of the City of Carlsbad. City Manager -the City Manager of the City of Carlsbad or his/her approved representative. Cash Contract - A Contract financed by means other than special assessments. Change Order-A written order to the Contractor signed by the Agency directing an addition, deletion, or revision in the Work, or an adjustment in the Contract Price or the Contract time issued after the effective date of the Contract. A Change Order may or may not also be signed by the Contractor. Code -The terms Government Code, Labor Code, etc., refer to codes of the State of California. 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. 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. l~ •+' Revised 7/19/17 Contract No. 6606-17 Page 1 of 138 Pages 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 Carlsbad or Executive Manager of the Carlsbad Municipal Water District, to hear and advise the City Manager on claims submitted by the Contractor. The City Manager for the City of Carlsbad or the Executive Manager for the Carlsbad Municipal Water District is the last appeal level for informal dispute resolution. Electrolier-Street light assembly complete, including foundation, standard, luminaire arm, luminaire, etc. Engineer -The City Engineer of the City of Carlsbad or his/her approved representative. The Engineer is the third level of appeal for informal dispute resolution. Geotextile -Synthetic fiber used in civil engineering applications, 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. 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. l'\ •+;' Revised 7 /19/17 Contract No. 6606-17 Page 2 of 138 Pages 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 "Green book". 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. l' •+' Revised 7/19/17 Contract No. 6606-17 Page 3 of 138 Pages 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. 1-3ABBREVIATIONS 1-3.1 General. The abbreviation herein, together with others in general use, are applicable to these Standard Specifications and to project Plans or other Contract Documents. All abbreviations and symbols used on Plans for structural steel construction shall conform to those given by the "Manual of Steel Construction" published by the American Institute of Steel Construction, Inc. 1-3.2 Common Usage Abbreviation Word or Words Abbreviation Word or Words ABAN ........................................................... Abandon CAP ................................... Corrugated aluminum pipe ABAND ....................................................... Abandoned CB.... ............... .............. . ............ Catch Basin ABS ........................ Acrylonitrile -butadiene -styrene Cb ........................................................................ Curb AC ....................... Asphalt Concrete CBP............ . ... Catch Basin Connection Pipe ACP ........................................ Asbestos cement pipe CBR ....................................... California Bearing Ratio ACWS ..................... Asphalt concrete wearing surface CCR.......... . .... California Code of Regulations ALT ................................................................ Alternate CCTV ............................................. Closed Circuit TV APTS ............................... Apartment and Apartments CES .......................... Carlsbad Engineering Standards AMER STD . . . . . . . . . . . . . . . . . ............. American Standard CF .............................................................. Curb face AWG ............... American Wire Gage (nonferrous wire) CF......... . .......................................... Cubic foot BC...................... . .............. Beginning of curve C&G . . . . . . . . . . . . . . . . . . . . . . ....... Curb and gutter BCR ....................................... Beginning of curb return CFR. ............................... Code of Federal Regulations BORY... . ........................................... Boundary CFS ......................................... Cubic Feet per Second BF .................................................. Bottom of footing CIP ......................................................... Cast iron pipe BLDG . . . . . . . . . . . .. . . . . . ...... Building and Buildings CIPP ................................................ Cast-in place pipe BM ............................................................. Bench mark CL ............................................. Clearance, center line BVC .................................... Beginning of vertical curve CLF ... . . . . . . . ... .. . . . . . . . . . . .............. Chain link fence BM/ ........................................................... Back of wall CMB..... . . .................... Crushed miscellaneous base CIC ..................................................... Center to center CMC ......................................... Cement mortar-coated CAB ...................................... Crushed aggregate base CML ... ................. .. . ..... Cement mortar-lined CAL/OSHA..... . ... California Occupational Safety and CMWD .................... Carlsbad Municipal Water District Health Administration CO .................................................... Cleanout (Sewer) CalTrans ....... California Department of Transportation COL. ................................................................. Column l' • ., Revised 7/19/17 Contract No. 6606-17 Page 4 of 138 Pages COMM ....................................................... Commercial GL....... .. . . . .......... Ground line or grade line CONC ........................................................... Concrete GM.................... . ................................. Gas meter CONN ................................................... Connection GNV ........................................... Ground Not Visible CONST.. . ................... Construct, Construction GP ................................................................. Guy pole COORD........... .... ... ............... . .... Coordinate GPM .............................................. gallons per minute CSP ........................................... Corrugated steel pipe GR ................................................................... Grade CSD ............................... Carlsbad Standard Drawings GRTG...... ................... . ................. Grating CTB ............................................ Cement treated base GSP .......................................... Galvanized steel pipe CV ..................................... Check valve H ........................................................... High or height CY ............................................................... Cubic yard HB ................................................................ Hose bib D ............................................................. Load of pipe HC ................................................. House connection dB ................................................................... Decibels HOWL.................................. . .... Headwall DBL .............................................................. Double HGL. ............................................ Hydraulic grade line DF . . . . . . . . . . . . . ...... . ...................... Douglas fir HORIZ .......................................................... Horizontal DIA ............................................................ Diameter HP ........................................................... Horsepower DIP............................. . ................ Ductile iron pipe HPG .............................................. High pressure gas DL .................................... . ................ Dead load HPS.... . .............. High pressure sodium (Light) DR ...................................................... Dimension Ratio HYDR ........................................................... Hydraulic DT ............ .................................... . ... Drain Tile IE............... . .............. Invert Elevation DWG ............................................................... Drawing ID.... ...................... . .... Inside diameter DWY ......................................................... Driveway INCL........................ . ........................... Including DWY APPR ................................... Driveway approach INSP .......................................................... Inspection E............... ......................... . ...................... Electric INV .................................................................... Invert EA............................. . ................................ Each IP .................................................................. Iron pipe EC....... . ..................................... End of curve JC..................................... . .... Junction chamber ECR ... . . .................. End of curb return EF ............................................................. Each face EG....... . ...................................... Edge of gutter EGL ............................................. Energy grade line El ............................................. Elevation ELC ... .. . ........................... Electro lier lighting conduit EL T . . . . .................................. Extra long ton ENGR ............. Engineer, Engineering JCT ................................................................. Junction JS.................................. . .......... Junction structure JT ................................ . ................ Joint L..................... .............. . ........... Length LAB . . . . . . . . . . . . . ..... Laboratory LAT . . . . . . . . . . .................. . ........ Lateral LB................................ . .................... Pound LD . . . . . . . . . . . . . . . . . . . . .......... Local depression LF...... . . . . . . . . . . . . . . . ....... Linear foot EP ....................... Edge of pavement ESMT ......................................................... Easement LH . . . . . .. . . . . . . . . ... . . . . . . . . . . . . . ...................... Lamp hole LL............... ...................... . ........................ Live load ETB ........................................ Emulsion-treated base LOL ................................... . .................. Layout line EVC ............................................ End of vertical curb LONG..... . . . . . . . . . . . . . . .. . . . . . . . . . . .. Longitudinal EWA............. . ............ Encina Wastewater Authority LP...................................... . .............. Lamppost EXC... . ............................................... Excavation LPS ... ...... . ................. Low pressure sodium (Light) EXP JT ............................................. Expansion joint LS.................................... . .................... Lump sum EXSL ............. Existing L TS .................................................. Lime treated soil F .......... .. .... ....... ........... . ................ Fahrenheit LWD........ . .......... Leucadia Wastewater District F&C ............................................... Frame and cover MAINT ..................................................... Maintenance F&I .............. ................. .... . ... Furnish and install MAX . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ............ Maximum FAB .............. ......................... . ................. Fabricate FAS.......... . ........................ Flashing arrow sign FD.......... . ...................................... Floor drain FON............. . .................................. Foundation FED SPEC ........................ Federal Specification FG .. . ....................................... Finished grade FH . . . . . . . . . . . . . . . . . . . . . . ........... Fire hydrant FL........... .............. . .................... Flow line FS. ...................... . .................. Finished surface FT-LB......... ....... . ............... . ........... Foot-pound MCR ............................................ Middle of curb return MEAS ............................................................. Measure MH ................................. Manhole, maintenance hole MIL SPEC ................................ Military specification MISC................................... . .... Miscellaneous MOD............ . . . . . . . . . . ... ... . . . .. Modified, modify MON .......................................................... Monument MSL .. Mean Sea Level (Reg. Standard Drawing M-12) MTBM ......................... Microtunneling Boring Machine MUL T ......... .................... ................. . ..... Multiple MUTCD ..... Manual on Uniform Traffic Control Devices FTG...... . .................................................. Footing MVL. .............................................. Mercury vapor light FW ............................................................ Face of wall NCTD ........................... North County Transit District G............ . ............................................. G~ NRCP .......................... Non reinforced concrete pipe GA............ . ................... Ga~e OBS ............................................................. Obsolete GAL .................................... Gallon and Gallons OC ............................................................. On center GAL V . . . . . . . . . .. . ...................................... Galvanized OD........................... . .... Outside diameter GAR . . . . . . . . . . . . . . . . . . . . . . . . ................ Garage and Garages GIP ............................................ Galvanized iron pipe OE . . . . . ... . . . . . . . . . . . . . . . .. . . . . . . . . . . . ................ Outer edge OHE .. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . .... Overhead Electric l" •fi Revised 7/19/17 Contract No. 6606-17 Page 5 of 138 Pages OMWD ................. Olivenhain Municipal Water District SDRSD ......... San Diego Regional Standard Drawings OPP ............................................................... Opposite SE ...................................................... Sand Equivalent ORIG.................... . . . . . . . . . .. . . . . . . . . . . . . ....... Original SEC .................................................................. Section PB........................... . ........................... Pull box SF ............................................................. Square foot PC .................................................... Point of curvature SFM ................................................ Sewer Force Main PCC ....................... Portland cement concrete or point SI. ...................... International System of Units (Metric) of compound curvature SPEC ..................................................... Specifications PCVC ....................... Point of compound vertical curve SPPWC.... . .................... Standard Plans for PE ........................................................... Polyethylene Public Works Construction Pl. ................................................. Point of intersection SSPWC ............................. Standard Specifications for PL. ............................................................ Property line Public Works Construction PMB ............................ Processed miscellaneous base ST HWY ............................................... State highway POC ..................................................... Point on curve STA ................................................................. Station POT. ................................................... Point on tangent STD ............................................................... Standard PP .............................................................. Power pole STR............... . ................................... Straight PRC . . . . . . . . . . . . . . . . .. . ........... Point of reverse curve STR GR. ............... . .... Straight grade PRVC .. . . . . . . . . ...... Point of reverse vertical curve STRUC .......................................... Structural/Structure PSI.......... . ................. Pounds per square inch SW................................... . ................ Sidewalk PT .................................................... Point of tangency SWD .................................................... Sidewalk drain PVC .................................................. Polyvinyl chloride SY ............................................................ Square yard PVMT....... . ............................................. Pavement T...... . .......... Telephone PVT R/W ....................................... Private right-of-way TAN.................................. . ..... Tangent Q ........................ Rate of flow in cubic feet per second ~ .............................................. Top~~~ QUAD ..................................... Quadrangle, Quadrant TEL........ . ................... Telephone R ....................................................................... Radius TF........... . ................. Top of footing R&O ......................................................... Rock and oil TOPO..... . ....... Topography R/W .......................................................... Right-of-way ffi.......... . .................................... fuci RA ...................................................... Recycling agent TRANS ......................................................... Transition RAC . . . . . .. . ............. Recycled asphalt concrete TS ......................... Traffic signal or transition structure RAP ................................ Reclaimed asphalt pavement TSC ............................................. Traffic signal conduit RBAC ........................... Rubberized asphalt concrete TSS ........................................... Traffic signal standard RC..... . ........................... Reinforced concrete TW ............................................................. Top of wall RCB ...................................... Reinforced concrete box TYP ............................................................... Typical RCE ................................. Registered civil engineer UE .............................................. Underground Electric RCP ..................................... Reinforced concrete pipe USA................. . ........... Underground Service Alert RCV . . . . . . ....................... Remote control valve VAR......... ......................... . .... .Varies, Variable REF................ . ................................... Reference VB................. . .............................. Valve box REINF .............................. Reinforced or reinforcement VC... ............... . . . . . . . . . . . . . . . . . ... Vertical curve RES.... . ...................................................... Reservoir VCP.. . ........................ Vitrified clay pipe RGE ....................... .Registered geotechnical engineer VERT ............................................................. Vertical ROW............. . .................. Right-of-Way VOL .................................................................. Volume RR............................... ....................... . ....... Railroad VWD ...................................... Vallecitos Water District RSE .............................. Registered structural engineer W. ..................... Water, Wider or Width, as applicable RTE .................................... Registered traffic engineer WATCH .............. Work Area Traffic Control Handbook S............... . ...... Sewer or Slope, as applicable WI. ......................................................... Wrought iron SCCP ............................... Steel cylinder concrete pipe WM................................ . .... Water meter SD.... . . Storm drain WPJ .......................................... Weakened plane joint SDNR .............................. San Diego Northern Railway XCONN ......................................... Cross connection SOR ....... Standard thermoplastic pipe dimension ratio XSEC ................................................... Cross section (ratio of pipe O.D. to minimum wall thickness) 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 ,., •+;' Revised 7/19/17 Contract No. 6606-17 Page 6 of 138 Pages AWPA. ................................................................ American Wood Preservers Association AWS ........................................................................................ American Welding Society AWWA. ...................................................................... American Water Works Association FHWA. ............................................................................. Federal Highway Administration GRI ................................................................................. Geosynthetic Research Institute NEMA ......................................................... National Electrical Manufacturers Association NOAA ................ National Oceanic and Atmospheric Administration (Dept. of Commerce) UL .................................................................................... Underwriters' Laboratories Inc. USGS ............................................................................. United States Geological Survey 1-4 UNITS OF MEASURE. 1-4.1 General. U.S. Standard Measures, also called U.S. Customary System, are the principal measurement system in these specifications. However, certain material specifications and test requirements contained herein use SI units specifically and conversions to U.S. Standard Measures may or may not have been included in these circumstances. When U.S. Standard Measures are not included in parenthesis, then the SI units shall control. S.I. units and U.S. Standard Measures in parenthesis may or may not be exactly equivalent. Reference is also made to ASTM E 380 for definitions of various units of the SI system and a more extensive set of conversion factors. 1-4.2 Units of Measure and Their Abbreviations. U.S. Customary Unit (Equal To) SI Unit (Abbreviations) (Abbrev1aii"ons) 1 mil (=0.001 in) .................................................................................... 25.4 micrometer (µm) 1 inch (in) .............................................................................................. 25.4 millimeter (mm) 1 inch (in) .............................................................................................. 2.54 centimeter (cm) 1 foot (ft) ................................................................................................ 0.3048 meter (m) 1 yard (yd) ............................................................................................. 0.9144 meter (m) 1 mile (mi) ............................................................................................. 1.6093 kilometer (km) 1 square foot (ft2) .................................................................................. 0.0929 square meter (m 2) 1 square yard (yd2) ................................................................................ 0.8361 square meter (m 2) 1 cubic foot (ft3) ..................................................................................... 0.0283 cubic meter (m 3) 1 cubic yard (yd3) .................................................................................. 0.7646 cubic meter (m3) 1 acre .................................................................................................... 0.4047 hectare (ha) 1 U.S. gallon (gal) ................................................................................. 3.7854 Liter (L) 1 fluid ounce (fl. oz.) .............................................................................. 29.5735 millileter (ml) 1 pound mass (lb) (avoirdupois) ........................................................... 0.4536 kilogram (kg) 1 ounce mass (oz) ................................................................................. 0.02835 kilogram (kg) 1 Ton (=2000 lb avoirdupois) ................................................................ 0.9072 Tonne(= 907 kg) 1 Poise .................................................................................................. 0.1 pascal · second (Pa · s) 1 centistoke (cs) .................................................................................... 1 square millimeters per second (mm2/s) 1 pound force (lbf) ................................................................................. 4.4482 Newton (N) 1 pounds per square inch (psi) ............................................................. 6.8948 Kilopascal (kPa) 1 pound force per foot (lbf/ft) ................................................................. 1.4594 Newton per meter (N/m) 1 foot-pound force (ft-lbf) ....................................................................... 1.3558 Joules (J) 1 foot-pound force per second ([ft-lbf]/s) ............................................... 1.3558 Watt (W) 1 part per million (ppm) ......................................................................... 1 milligram/liter (mg/L) Temperature Units and Abbreviations Degree Fahrenheit (°F): ....................................................................... .Degree Celsius (°C): °F = (1.8 x °C) + 32 ............................................................................... °C = (°F -32)/1.8 SI Units (abbreviation) Commonly Used in Both Systems l' •+;' Revised 7/19/17 Contract No. 6606-17 Page 7 of 138 Pages 1 Ampere (A) 1 Volt (V) 1 Candela (cd) 1 Lumen (Im) 1 second (s) Common Metric Prefixes kilo (k) .................................................................................................... 103 ~~~ .................................................................................................. 1~ milli (m) .................................................................................................. 1 Q-3 micro (µ) ................................................................................................ 1 Q-6 nano (n) ................................................................................................. 10-9 pico (p) .................................................................................................. 10-12 1-SSYMBOLS ~ L % ' I 0 PL CL SL Delta, the central angle or angle between tangents Angle Percent Feet or minutes Inches or seconds Number per or (between words) Degree Property line Centerline Survey line or station line l' •+;' Revised 7/19/17 Contract No. 6606-17 Page 8 of 138 Pages SECTION 2 -SCOPE AND CONTROL OF WORK 2-1 AWARD AND EXECUTION OF CONTRACT. Award and execution of Contract will be as provided for in the Specifications, Instruction to Bidders, or Notice Inviting Bids. 2-2 ASSIGNMENT. No Contract or portion thereof may be assigned without consent of the Board, except that the Contractor may assign money due or which will accrue to it under the Contract. If given written notice, such assignment will be recognized by the Board to the extent permitted by law. Any assignment of money shall be subject to all proper withholdings in favor of the Agency and to all deductions provided for in the Contract. All money withheld, whether assigned or not, shall be subject to being used by the Agency for completion of the Work, should the Contractor be in default. 2-3 SUBCONTRACTS. 2-3.1 General. Each Bidder shall comply with the Chapter of the Public Contract Code including Sections 4100 through 4113. The following excerpts or summaries of some of the requirements of this Chapter are included below for information: The Bidder shall set forth in the Bid, as provided in 4104: "(a) The name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvements, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of 1 percent of the prime contractor's total bid, or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the prime contractor's total bid or ten thousand dollars ($10,000), whichever is greater." "(b) The portion of the work which will be done by each such subcontractor under this act. The prime contractor shall list only one subcontractor for each such portion as is defined by the prime contractor in his bid." If the Contractor fails to specify a Subcontractor, or specifies more than one Subcontractor for the same portion of the work to be performed under the Contract (in excess of one-half of 1 percent of the Contractor's total Bid), the Contractor shall be qualified to perform that portion itself, and shall perform that portion itself, except as otherwise provided in the Code. As provided in Section 4107, no Contractor whose Bid is accepted shall substitute any person as Subcontractor in place of the Subcontractor listed in the original Bid, except for causes and by procedures established in Section 4107.5. This section provides procedures to correct a clerical error in the listing of a Subcontractor. Section 4110 provides that a Contractor violating any of the provisions of the Chapter violates the Contract and the Board may exercise the option either to cancel the Contract or assess the Contractor a penalty in an amount of not more than 10 percent of the subcontract involved, after a public hearing. l' •+;' Revised 7/19/17 Contract No. 6606-17 Page 9 of 138 Pages Should the Contractor fail to adhere to the provisions requiring the Contractor to complete 50 percent of the contract price with its own organization, the Agency may at its sole discretion elect to cancel the contract or deduct an amount equal to 10 percent of the value of the work performed in excess of 50 percent of the contract price by other than the Contractor's own organization. The Board shall be the sole body for determination of a violation of these provisions. In any proceedings under this section, the prime contractor shall be entitled to a public hearing before the Board and shall be notified ten (10) days in advance of the time and location of said hearing. The determination of the City Council shall be final. 2-3.2 Additional Responsibility. The Contractor shall give personal attention to the fulfillment of the Contract and shall keep the Work under its control. The Contractor shall perform, with its own organization, Contract work amounting to at least 50 percent of the Contract Price except that any designated "Specialty Items" may be performed by subcontract, and the amount of any such "Specialty Items" so performed may be deducted from the Contract Price before computing the amount required to be performed by the Contractor with its own organization. "Specialty Items" will be identified by the Agency in the Bid or Proposal. Where an entire item is subcontracted, the value of work subcontracted will be based on the Contract Unit Price. When a portion of an item is subcontracted, the value of work subcontracted will be based on the estimated percentage of the Contract Unit Price. This will be determined from information submitted by the Contractor, and subject to approval by the Engineer. Before the work of any Subcontractor is started, the Contractor shall submit to the Engineer for approval a written statement showing the work to be subcontracted giving the name and business of each Subcontractor and description and value of each portion of the work to be so subcontracted. 2-3.3 Status of Subcontractors. Subcontractors shall be considered employees of the Contractor, and the Contractor shall be responsible for their work. 2-4 CONTRACT BONDS. Before execution of the Contract, the Bidder shall file surety bonds with the Agency to be approved by the Board in the amounts and for the purposes noted below. Bonds issued by a surety, who is authorized to issue bonds in California, and whose bonding limitation shown in said circular is sufficient to provide bonds in the amount required by the Contract shall be deemed to be approved unless specifically rejected by the Agency. Bonds from all other sureties shall be accompanied by all of the documents enumerated in Code of Civil Procedure 995.660 (a). The Bidder shall pay all bond premiums, costs, and incidentals. Each bond shall incorporate, by reference, the Contract and be signed by both the Bidder and Surety and the signature of the authorized agent of the Surety shall be notarized. The Contractor shall provide a faithful performance/warranty bond and payment bond (labor and materials bond) for this contract. The faithful performance/warranty bond shall be in a sum not less than one hundred percent of the total amount payable by the terms of this contract. The Contractor shall provide bonds to secure payment of laborers and materials suppliers in a sum not less than one hundred percent of the total amount payable by the terms of this contract. Both bonds shall extend in full force and effect and be retained by the Agency during this project until they are released according to the provisions of this section. {'\ •+;' Revised 7/19/17 Contract No. 6606-17 Page 10 of 138 Pages The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 days after recordation of the Notice of Completion and will remain in full force and effect for the one year warranty period and until all warranty repairs are completed to the satisfaction of the Engineer. The bonds to secure payment of laborers and materials suppliers shall be released six months plus 30 days after recordation of the Notice of Completion if all claims have been paid. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the following documents: 1) An original, or a certified copy, of the un-revoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of the insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the execution of the bond. The financial statement shall be made by an officer's certificate as defined in Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may be verified by the oath of the principal officer or manager residing within the United States. Should any bond become insufficient, the Contractor shall renew the bond within 10 days after receiving notice from the Agency. Should any Surety at any time be unsatisfactory to the Board, notice will be given the Contractor to that effect. No further payments shall be deemed due or will be made under the contract until a new Surety shall qualify and be accepted by the Board. Changes in the Work or extensions of time, made pursuant to the Contract, shall in no way release the Contractor or Surety from its obligations. Notice of such changes or extensions shall be waived by the Surety. 2-5 PLANS AND SPECIFICATIONS. 2-5.1 General. The Contractor shall keep at the Work site a copy of the Plans, Contract Documents, and Specifications, to which the Engineer shall have access at all times. The construction plans consist of one set. The plan set is designated as City of Carlsbad Drawing No. 502-5 and consists of 8 sheets. The specifications for the work include the General Provisions, project technical specifications, Carlsbad Engineering Standards (CES), Standard Specifications for Public Works Construction, (SSPWC), Part 2 & 3, and the latest supplements thereto, current edition at the time of bid opening as published by the "Green book" Committee of Public Works Standards, Inc., hereinafter designated "SSPWC", as amended. The standard drawings used for this project are the latest edition of the San Diego Area Regional Standard Drawings, hereinafter designated SDRSD, as issued by the San Diego County Department of Public Works, together with the most recent editions of the City of Carlsbad Engineering Standards and Carlsbad Standard Drawings, as issued by the City of Carlsbad and the Carlsbad Municipal Water District, hereinafter designated as CES and CSD, respectively. The Plans, Specifications, and other Contract Documents shall govern the Work. The Contract Documents are intended to be complementary and cooperative. Anything specified in the ,., •+;' Revised 7 /19/17 Contract No. 6606-17 Page 11 of 138 Pages 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 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, 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. Delete the entire section and substitute the following: The work herein shall be done in accordance with the Standard Specifications for Public Works Construction (SSPWC), dated 2015, herein referred to as the Standard Specifications. The General Requirements of this contract shall be governed by these Special Provisions first, followed by Section 1 through Section 9 of the Standard Specifications. Unless otherwise specified herein, Sections 200 through 801 of the Standard Specifications shall govern. Other standards or specifications specified in these Special Provisions govern only the applicable technical specifications for the items of work referenced. Revised State Standard Specifications set forth in these special provisions shall be considered as part of the State Standard Specifications for the purposes set forth in Section 5-1.02, "Contract Components," of the State Standard Specifications. For Specifications of a technical nature not covered by the Standard Specifications or these Special Provisions, the 2015 Standard Specifications and Standard Plans of the State of California Business and Transportation Agency Department of Transportation shall apply. In the State Standard Specifications and the State Standard Plans, all mention of the "State" shall be construed to mean the City of Carlsbad. In case of conflict in the technical provisions or requirements, the following order of precedence shall govern: A. Permits issued by jurisdictional regulatory agencies. B. Change Orders and Supplemental Agreements, whichever occurs last. C. Addenda. D. ContracUAgreement. E. Bid/Proposal. F. Special Provisions G. Project Plans H. Standard Specifications for Public Works Construction I. Revised State Standard Specifications J. State Standard Specifications K. Revised State Standard Plans L. State Standard Plans M. Other referenced specifications 2-5.3 Submittals. l'\ • ., Revised 7/19/17 Contract No. 6606-17 Page 12 of 138 Pages 2-5.3.1 General. Submittals shall be provided, at the Contractor's expense, as required in 2-5.3.2, 2-5.3.3 and 2-5.3.4, when required by the Plans or Special Provisions, or when requested by the Engineer. Materials shall neither be furnished nor fabricated, nor shall any work for which submittals are required by performed, before the required submittals have been reviewed and accepted by the Engineer. Neither review nor acceptance of submittals by the Engineer shall relieve the Contractor from responsibility for errors, omissions, or deviations from the Contract Documents, unless such deviations were specifically called to the attention of the Engineer in the letter of transmittal. The Contractor shall be responsible for the correctness of the submittals. The Contractor shall allow a minimum of 30 working days for review of submittals and for review of protective covers by the Railroad, unless otherwise specified in the Special Provisions. Each submittal shall be accompanied by a letter of transmittal. Each submittal shall be consecutively numbered. Resubmittals shall be labeled with the number of the original submittal followed by an ascending alphabetical designation (e.g. The label '4-C' would indicate the third instance that the fourth submittal had been given to the Engineer). Each sheet of each submittal shall be consecutively numbered. Each set of shop drawings and submittals shall be accompanied by a letter of transmittal on the Contractor's letterhead. The Letter of Transmittal shall contain the following: 1) Project title and Agency contract number. 2) Number of complete sets. 3) Contractor's certification statement. 4) Specification section number(s) pertaining to material submitted for review. 5) Submittal number (Submittal numbers shall be consecutive including subsequent submittals for the same materials.) 6) Description of the contents of the submittal. 7) Identification of deviations from the contract documents. When submitted for the Engineer's review, Shop Drawings shall bear the Contractor's certification that the Contractor has reviewed, checked, and approved the Shop Drawings and that they are in conformance with the requirements of the Contract Documents. The Contractor shall subscribe to and shall place the following certification on all submittals: "I hereby certify that the (equipment, material) shown and marked in this submittal is that proposed to be incorporated into this Project, is in compliance with the Contract Documents, can be installed in the allocated spaces, and is submitted for approval." By: Title: -------------- Date: ___________ _ Company Name: ___________________________ _ 2-5.3.2 Working Drawings. Working drawings are drawings showing details not shown on the Plans which are required to be designed by the Contractor. Working drawings shall be of a size and scale to clearly show all necessary details. l' •+; Revised 7/19/17 Contract No. 6606-17 Page 13 of 138 Pages Six copies and one reproducible shall be submitted. If no revisions are required, three of the copies will be returned to the Contractor. If revisions are required, the Engineer will return one copy along with the reproducible for resubmission. Upon acceptance, the Engineer will return two of the copies to the Contractor and retain the remaining copies and the reproducible. Working drawings are required in the following sections: TABLE 2-5.3.2 (A) Item Section Title Subject Number 1 7-10.4.1 Safety Orders Trench Shoring 2 207-2.5 Joints Reinforced Concrete Pipe 3 207-8.4 Joints Vitrified Clay Pipe 4 207-10.2.1 General Fabricated Steel Pipe 5 300-3.2 Cofferdams Structure Excavation & Backfill 6 303-1.6.1 General Falsework 7 303-1.7.1 General Placing Reinforcement 8 303-3.1 General Prestressed Concrete Construction 9 304-1.1.1 Shop Drawings Structural Steel 10 304-1.1.2 Falsework Plans Structural Steel 11 304-2.1 General Metal Hand Railings 12 306-2.1 General Jacking Operations 13 306-3.1 General Tunneling Operations 14 306-3.4 Tunnel Supports Tunneling Operations 15 306-6 Remodeling Existing Sewer Polyethylene Liner Installation Facilities 16 306-8 Microtunneling Microtunneling Operations 17 307-4.3 Controller Cabinet Wirinq Diaqrams Traffic Siqnal Construction Working drawings listed above as Items 5, 6, 8, 9, 10, 12, 13, 14 and 16 shall be prepared by a Civil or Structural Engineer registered by the State of California. 2-5.3.3 Shop Drawings. Shop drawings are drawings showing details of manufactured or assembled products proposed to be incorporated into the Work. Shop drawings required shall be as specified in the Special Provisions. 2-5.3.4 Supporting Information. Supporting information is information required by the Specifications for the purposes of administration of the Contract, analysis for verification of conformance with the Specifications, the operation and maintenance of a manufactured product or system to be constructed as part of the Work, and other information as may be required by the Engineer. Six copies of the supporting information shall be submitted to the Engineer prior to the start of the Work unless otherwise specified in the Special Provisions or directed by the Engineer. Supporting information for systems shall be bound together and include all manufactured items for the system. If resubmittal is not required, three copies will be returned to the Contractor. Supporting information shall consist of the following and is required unless otherwise specified in the Special Provisions: 1) List of Subcontractors per 2-3.2. 2) List of Materials per 4-1.4. 3) Certifications per 4-1.5. 4) Construction Schedule per 6-1. 5) Confined Space Entry Program per 7-10.4.4. 6) Concrete mix designs per 201-1.1. l' •+;' Revised 7 /19/17 Contract No. 6606-17 Page 14 of 138 Pages 7) Asphalt concrete mix designs per 203-6.1. 8) Data, including, but not limited to, catalog sheets, manufacturer's brochures, technical bulletins, specifications, diagrams, product samples, and other information necessary to describe a system, product or item. This information is required for irrigation systems, street lighting systems, and traffic signals, and may also be required for any product, manufactured item, or system. 2-5.4Record Drawings. The Contractor shall provide and keep up-to-date a complete "as-built" record set of blue-line prints, which shall be corrected in red daily and show every change from the original drawings and specifications and the exact "as-built" locations, sizes and kinds of equipment, underground piping, valves, and all other work not visible at surface grade. Prints for this purpose may be obtained from the Agency at cost. This set of drawings shall be kept on the job and shall be used only as a record set and shall be delivered to the Engineer within ten (10) days of completion of the work. Payment for performing the work required by Section 2-5.4 shall be included in the various bid items and no additional payment will be made therefore. 2-6 WORK TO BE DONE. The Contractor shall perform all work necessary to complete the Contract in a satisfactory manner. Unless otherwise provided, the Contractor shall furnish all materials, equipment, tools, labor, and incidentals necessary to complete the Work. 2-7 SUBSURFACE DAT A. All soil and test hole data, water table elevations, and soil analyses shown on the drawings or included in the Specifications apply only at the location of the test holes and to the depths indicated. Soil test reports for test holes which have been drilled are available for inspection at the office of the Engineer. Any additional subsurface exploration shall be done by Bidders or the Contractor at their own expense. The indicated elevation of the water table is that which existed on the date when test hole data was determined. It is the Contractor's responsibility to determine and allow for the elevation of groundwater at the date of project construction. A difference in elevation between groundwater shown in soil boring logs and groundwater actually encountered during construction will not be considered as a basis for extra work. 2-8 RIGHT-OF-WAY. Rights-of-way, easements, or rights-of-entry for the Work will be provided by the Agency. Unless otherwise provided, the Contractor shall make arrangements, pay for, and assume all responsibility for acquiring, using, and disposing of additional work areas and facilities temporarily required. The Contractor shall indemnify and hold the Agency harmless from all claims for damages caused by such actions. 2-9 SURVEYING. 2-9.1 Permanent Survey Markers. The Contractor shall not cover or disturb permanent survey monuments or benchmarks without the consent of the Engineer. Where the Engineer concurs, in writing, with the Contractor that protecting an existing monument in place is impractical, the Contractor shall employ a licensed land surveyor or a registered civil engineer authorized to practice land surveying within the State of California, hereinafter Surveyor, to establish the location of the monument before it is disturbed. The Contractor shall have the monument replaced by the Surveyor no later than thirty (30) days after construction at the site of the replacement is completed. The Surveyor shall file corner record(s) as required by §§ 8772 and 8773, et seq. of the California Business and Professions Code. When a change is made in the finished elevation of the pavement of any roadway in which a permanent survey monument is located, the Contractor shall adjust the monument frame and cover to the new grade within 7 days of paving unless the Engineer shall approve otherwise. Monument frames and covers shall be protected during street sealing or painting projects or be cleaned to the satisfaction of the Engineer. 2-9.2 Survey Service. The Contractor shall hire and pay for the services of a Surveyor, hereinafter Surveyor to perform all work necessary for establishing control, construction staking, records research and all other surveying work necessary to construct the work, provide surveying services as required herein and provide surveying, drafting and other professional services required to satisfy the requirements of the Land Surveyors Act. Surveyor shall be resident on the site during all surveying operations and shall personally supervise and certify the surveying work. 2-9.2.3 Payment for Survey, Payment for work performed to satisfy the requirements of Sections 2-9.1 through 2-9.2.2 shall be included in the actual bid items requiring the survey work and no additional payment will be made. Extension of unit prices for extra work shall include full {'\ •+;' Revised 7 /19/17 Contract No. 6606-17 Page 15 of 138 Pages compensation for attendant survey work and no additional payment will be made. Payment for the replacement of disturbed monuments and the filing of records of survey and/or corner 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 final authority in all matters affecting the Work. Within the scope of the Contract, the Engineer has the authority to enforce compliance with the Plans and Specifications. The Contractor shall promptly comply with instructions from the Engineer or an authorized representative. The decision of the Engineer is final and binding on all questions relating to: quantities; acceptability of material, equipment, or work; execution, progress or sequence of work; and interpretation of the Plans, Specifications, or other drawings. This shall be precedent to any payment under the Contract, unless otherwise ordered by the Board. 2-10.1 Availability of Records, The Contractor shall, at no charge to the Agency, provide copies of all records in the Contractor's or subcontractor's possession pertaining to the work that the Engineer may request. 2-10.2 Audit And Inspection, Contractor agrees to maintain and/or make available, to the Engineer, within San Diego County, accurate books and accounting records relative to all its activities and to contractually require all subcontractors to this Contract to do the same. The Engineer shall have the right to monitor, assess, and evaluate Contractor's and its subcontractors performance pursuant to this Agreement, said monitoring, assessments, and evaluations to include, but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and interviews of Contractor's staff and the staff of all subcontractors to this contract. At any time during normal business hours and as often as the Engineer may deem necessary, upon reasonable advance notice, Contractor shall make available to the Engineer for examination, all of its, and all subcontractors to this contract, records with respect to all matters covered by this Contract and will permit the Engineer to audit, examine, copy and make excerpts or transcripts from such data and records, and to make audits of all invoices, materials, payrolls, records of personnel, and other data relating to all matters covered by this Contract. However, any such activities shall be carried out in a manner so as to not unreasonably interfere with Contractor's ongoing business operations. Contractor and all subcontractors to this contract shall maintain such data and records for as long as may be required by applicable laws and regulations. l~ •+; Revised 7/19/17 Contract No. 6606-17 Page 16 of 138 Pages 2-11 INSPECTION. The Work is subject to inspection and approval by the Engineer. The Contractor shall notify the Engineer before noon of the working day before inspection is required. Work shall be done only in the presence of the Engineer, unless otherwise authorized. Any work done without proper inspection will be subject to rejection. The Engineer and any authorized representatives shall at all times have access to the Work during its construction at shops and yards as well as the project site. The Contractor shall provide every reasonable facility for ascertaining that the materials and workmanship are in accordance with these specifications. Inspection of the Work shall not relieve the Contractor of the obligation to fulfill all conditions of the Contract. SECTION 3 -CHANGES IN WORK 3-1 CHANGES REQUESTED BY THE CONTRACTOR. 3-1.1 General. Changes in the Plans and Specifications, requested in writing by the Contractor, which do not materially affect the Work and which are not detrimental to the Work or to the interests of the Agency, may be granted by the Engineer. Nothing herein shall be construed as granting a right to the Contractor to demand acceptance of such changes. 3-1.2 Payment for Changes Requested by the Contractor. If such changes are granted, they shall be made at a reduction in cost or no additional cost to the Agency. 3-2 CHANGES INITIATED BY THE AGENCY. 3-2.1 General. The Agency may change the Plans, Specifications, character of the work, or quantity of work provided the total arithmetic dollar value of all such changes, both additive and deductive, does not exceed 25 percent of the Contract Price. Should it become necessary to exceed this limitation, the change shall be by written Supplemental Agreement between the Contractor and Agency, unless both parties agree to proceed with the change by Change Order. Change Orders shall be in writing and state the dollar value of the change or established method of payment, any adjustment in contract time of completion, and when negotiated prices are involved, shall provide for the Contractor's signature indicating acceptance. 3-2.2 Payment. 3-2.2.1 Contract Unit Prices. If a change is ordered in an item of work covered by a Contract Unit Price, and such change does not involve substantial change in character of the work from that shown on the Plans or specified in the Specifications, then an adjustment in payment will be made. This adjustment will be based upon the increase or decrease in quantity and the Contract Unit Price. If the actual quantity of an item of work covered by a Contract Unit Price and constructed in conformance with the Plans and Specifications varies from the Bid quantity by 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. {~ •,; Revised 7/19/17 Contract No. 6606-17 Page 17 of 138 Pages If a change is ordered in an item of work covered by a Contract Unit Price, and such change does involve a substantial change in the character of the work from that shown on the Plans or specified in the Specifications, an adjustment in payment will be made per Section 3-2.4. 3-2.2.2 Increases of More Than 50 Percent. Should the actual quantity of an item of work covered by a Contract Unit Price and constructed in conformance with the Plans and Specifications, exceed the Bid quantity by more than 50 percent, payment for the quantity in excess of 150 percent of the Bid quantity will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Section 3-3. The Extra Work per Section 3-3, basis of payment, shall not include fixed costs. Fixed costs shall be deemed to have been recovered by the Contractor through payment for 150 percent of the Bid quantity at the Contract Unit Price. 3-2.2.3 Decreases of More Than 50 Percent. Should the actual quantity of an item of work covered by a Contract Unit Price, and constructed in conformance with the Plans and Specifications, be less 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 in the Special Provisions. 3-2.4 Agreed Prices. Agreed Prices are prices for new or unforeseen work, or adjustments in Contract Unit Prices per Section 3-2.2, established by mutual agreement between the Contractor and the Agency. If mutual agreement can not be reached, the Engineer may direct the Contractor to proceed on the basis of Extra Work in accordance per Section 3-3, except as otherwise specified in Sections 3-2.2.2 and 3-2.2.3. 3.2.4.1 Schedule of Values. Prior to construction, Contractor shall provide a schedule of values for all lump sum bid items that shall be used for the purpose of progress payments. The prices shall be valid for the purpose of change orders to the project. 3.2.5 Eliminated Items. Should any Bid item be eliminated in its entirety, payment will be made to the Contractor for its actual costs incurred in connection with the eliminated item prior to notification in writing from the Engineer so stating its elimination. If material conforming to the Plans and Specifications is ordered by the Contractor for use in the eliminated item prior to the date of notification of elimination by the Engineer, and if the order for that material can not be canceled, payment will be made to the Contractor for the actual cost of the material. In this case, the material shall become the property of the Agency. Payment will be made to the Contractor for its actual costs for any further handling. If the material is returnable, the material shall be returned and payment will be made to the Contractor for the actual cost of charges made by the supplier for returning the material and for handling by the Contractor. Actual costs, as used herein, shall be computed on the basis of Extra Work per Section 3-3. l'\ •+;' Revised 7/19/17 Contract No. 6606-17 Page 18 of 138 Pages 3-3 EXTRA WORK. 3-3.1 General. New or unforeseen work will be classified as "extra work" when the Engineer determines that it is not covered by Contract Unit Prices or stipulated unit prices. 3-3.2 Payment. 3-3.2.1 General. When the price for the extra work cannot be agreed upon, the Agency will pay for the extra work based on the accumulation of costs as provided herein. 3-3.2.2 Basis for Establishing Costs. (a) Labor. The costs of labor will be the actual cost for wages of workers performing the extra work at the time the extra work is done, plus employer payments of payroll taxes, workers compensation insurance, liability insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs, resulting from Federal, State, or local laws, as well as assessments or benefits required by lawful collective bargaining agreements. The use of a labor classification which would increase the extra work cost will not be permitted unless the Contractor establishes the necessity for such additional costs. Labor costs for equipment operators and helpers shall be reported only when such costs are not included in the invoice for equipment rental. The labor cost for foremen shall be proportioned to all of their assigned work and only that applicable to extra work will be paid. Nondirect labor costs, including superintendence, shall be considered part of the markup of Section 3-3.2.3 (a). (b) Materials. The cost of materials reported shall be at invoice or lowest current price at which such materials are locally available and delivered to the job site in the quantities involved, plus sales tax, freight, and delivery. The Agency reserves the right to approve materials and sources of supply, or to supply materials to the Contractor if necessary for the progress of the Work. No markup shall be applied to any material provided by the Agency. (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 CAL TRANS, current at the time of the actual use of the tool or equipment. The right- of-way delay factors therein shall be used as multipliers of the rental rates for determining the value of costs for delay to the Contractor and subcontractors, if any. The labor surcharge rates published therein are not a part of this contract. The rental rates paid shall include the cost of fuel, oil, lubrication, supplies, small tools, necessary attachments, repairs and maintenance of any kind, depreciation, storage, insurance, and all incidentals. Necessary loading and transportation costs for equipment used on the extra work shall be included. {~ •+;' Revised 7/19/17 Contract No. 6606-17 Page 19 of 138 Pages If equipment is used intermittently and, when not in use, could be returned to its rental source at less expense to the Agency than holding it at the Work site, it shall be returned, unless the Contractor elects to keep it at the Work site, at no expense to the Agency. All equipment shall be acceptable to the Engineer, in good working condition, and suitable for the purpose for which it is to be used. Manufacturer's ratings and approved modifications shall be used to classify equipment and it shall be powered by a unit of at least the minimum rating recommended by the manufacturer. The reported rental time for equipment already at the Work site shall be the duration of its use on the extra work. This time begins when equipment is first put into actual operation on the extra work, plus the time required to move it from its previous site and back, or to a closer site. (d) Other Items. The Agency may authorize other items which may be required on the extra work, including labor, services, material, and equipment. These items must be different in their nature from those required for the Work, and be of a type not ordinarily available from the Contractor or Subcontractors. Invoices covering all such items in detail shall be submitted with the request for payment. (e) Invoices. Vendors' invoices for material, equipment rental and other expenditures shall be submitted with the request for payment. If the request for payment is not substantiated by invoices or other documentation, the Agency may establish the cost of the item involved at the lowest price which was current at the time of the report. 3-3.2.3 Markup. (a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ................................... 20 2) Materials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 3) Equipment Rental ................... 15 4) Other Items and Expenditures . . 15 To the sum of the costs and markups provided for in this section, 1 percent shall be added as compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in Section 3-3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. 3-3.3 Daily Reports by Contractor. When the price for the extra work cannot be agreed upon, the Contractor shall submit a daily report to the Engineer on forms approved by the Agency. Included are applicable delivery tickets, listing all labor, materials, and equipment involved for that day, and other services and expenditures when authorized. Payment for extra work will not be made until such time that the Contractor submits completed daily reports and all supporting documents to the Engineer. Failure to submit the daily report by the close of the next working day may waive any rights for that day. An attempt shall be made to reconcile the report daily, and it shall be signed by the Engineer and the Contractor. In the event of disagreement, pertinent notes shall be entered by each party to explain points which cannot be resolved immediately. Each party shall retain a signed copy of the report. Reports by Subcontractors or others shall be submitted through the Contractor. l" •ff Revised 7/19/17 Contract No. 6606-17 Page 20 of 138 Pages The report shall: 1. Show names of workers, classifications, and hours worked. 2. Describe and list quantities of materials used. 3. Show type of equipment, size, identification number, and hours of operation, including loading and transportation, if applicable. 4. Describe other services and expenditures in such detail as the Agency may require. 3-4 CHANGED CONDITIONS. The Contractor shall promptly notify the Engineer of the following Work site conditions (hereinafter called changed conditions), in writing, upon their discovery and before they are disturbed: 1. Subsurface or latent physical conditions differing materially from those represented in the Contract; 2. Unknown physical conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in work of the character being performed; and 3. Material differing from that represented in the Contract which the Contractor believes may be hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class Ill disposal site in accordance with provisions of existing law. The Engineer will promptly investigate conditions which appear to be changed conditions. If the Engineer determines that conditions are changed conditions and they will materially affect performance time, the Contractor, upon submitting a written request, will be granted an extension of time subject to the provisions of 6-6. If the Engineer determines that the conditions do not justify an adjustment in compensation, the Contractor will be notified in writing. This notice will also advise the Contractor of its obligation to notify the Engineer in writing if the Contractor disagrees. The Contractor's failure to give notice of changed conditions promptly upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the Engineer, including failure or refusal to issue a change order, or for the happening of any event, thing, occurrence, or other cause, unless the Contractor shall have first given the Engineer due written notice of potential claim as hereinafter specified. Compliance with this section shall not be required as a prerequisite to notice provisions in Section 6-7.3 Contract Time Accounting, nor to any claim that is based on differences in measurement or errors of computation as to contract quantities. The written notice of potential claim for changed conditions shall be submitted by the Contractor to the Engineer upon their discovery and prior to the time that the Contractor performs the work giving rise to the potential claim. The Contractor's failure to give written notice of potential claim for changed conditions to the agency upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall provide the City with a written document containing a description of the l'\ •fi' Revised 7/19/17 Contract No. 6606-17 Page 21 of 138 Pages particular circumstances giving rise to the potential claim, the reasons for which the Contractor believes additional compensation may be due and nature of any and all costs involved within 20 working days of the date of service of the written notice of potential claim for changed conditions. Verbal notifications are disallowed. The potential claim shall include the following certification relative to the California False Claims Act, Government Code Sections 12650-12655. "The undersigned certifies that the above statements are made in full cognizance of the California False Claims Act, Government Code Sections 12650-12655. The undersigned further understands and agrees that this potential claim, unless resolved, must be restated as a claim in response to the City's proposed final estimate in order for it to be further considered." By: Title: _____________ _ Date: ___________________________ _ Company Name: ___________________________ _ The Contractor's estimate of costs may be updated when actual costs are known. The Contractor shall submit substantiation of its actual costs to the Engineer within 20 working days after the affected work is completed. Failure to do so shall be sufficient cause for denial of any claim subsequently filed on the basis of said notice of potential claim. It is the intention of this section that differences between the parties arising under and by virtue of the contract be brought to the attention of the Engineer at the earliest possible time in order that such matters be settled, if possible, or other appropriate action promptly taken. 3-5 DISPUTED WORK. The Contractor shall give the agency written notice of potential claim prior to commencing any disputed work. Failure to give said notice shall constitute a waiver of all claims in connection therewith. If the contractor and the agency are unable to reach agreement on disputed work, the Agency may direct the contractor to proceed with the work. Prior to proceeding with dispute resolution pursuant to Public Contract Code provisions specified hereinafter, the contractor shall attempt to resolve all disputes informally through the following dispute resolution chain of command: 1. Project Inspector 2. Construction Manager 3. Deputy City Engineer, Construction Management & Inspection 4. City Engineer 5. City Manager The Contractor shall submit a complete report within 20 working days after completion of the disputed work stating its position on the claim, the contractual basis for the claim, along with all documentation supporting the costs and all other evidentiary materials. At each level of claim or appeal of claim the City will, within 10 working days of receipt of said claim or appeal of claim, review the Contractor's report and respond with a position, request additional information or request that the Contractor meet and present its report. When additional information or a meeting l' •+r Revised?/19/17 Contract No. 6606-17 Page 22 of 138 Pages 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 shall be resolved in accordance with Public Contract Code section 9204, which is set forth below: 9204. (a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner. (b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project. (c) For purposes of this section: (1) "Claim" means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following: (A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project. (B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled. (C) Payment of an amount that is disputed by the public entity. (2) "Contractor" means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project. (3) (A) "Public entity" means, without limitation, except as provided in subparagraph (8), a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency. (8) "Public entity" shall not include the following: (i) The Department of Water Resources as to any project under the jurisdiction of that department. (ii) The Department of Transportation as to any project under the jurisdiction of that department. (iii) The Department of Parks and Recreation as to any project under the jurisdiction of that department. (iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code. (v) The Military Department as to any project under the jurisdiction of that department. (vi) The Department of General Services as to all other projects. (vii) The High-Speed Rail Authority. l' -~ Revised 7/19/17 Contract No. 6606-17 Page 23 of 138 Pages (4) "Public works project" means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. (5) "Subcontractor" means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor. (d) (1) (A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision. (B) The claimant shall furnish reasonable documentation to support the claim. (C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion. (D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply. (2) (A) If the claimant disputes the public entity's written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute. (B) Within 1 0 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion. that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section. (C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. (D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced. l'\ •+; Revised 7/19/17 Contract No. 6606-17 Page 24 of 138 Pages (E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties' dispute. (3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity's failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. (4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum. (5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so. (e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section. (f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section. (g) This section applies to contracts entered into on or after January 1, 2017. (h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations. (i) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. In addition, all claims by Contractor for $375,000 or less shall be resolved in accordance with the procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Section 20104) which is set forth below ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS 20104. (a)(1) This article applies to all public works claims of three hundred seventy-five thousand ,., •,;' Revised 7 /19/17 Contract No. 6606-17 Page 25 of 138 Pages dollars ($375,000) or less which arise between a contractor and a local agency. (2) This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 ( commencing with Section 10240) of Chapter 1 of Part 2. (b)(1) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that "public work" does not include any work or improvement contracted for by the state or the Regents of the University of California. (2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency. (c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications for any work which may give rise to a claim under this article. (d) This article applies only to contracts entered into on or after January 1, 1991. 20104.2. For any claim subject to this article, the following requirements apply: (a) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. (b)(1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. (c)(1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. (d) If the claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency's response or within 15 days of the local agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For l~ •+;' Revised 7 /19/17 Contract No. 6606-17 Page 26 of 138 Pages purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. (f) This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. 20104.4. The following procedures are established for all civil actions filed to resolve claims subject to this article: (a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator. (b)(1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure) shall apply to any proceeding brought under the subdivision consistent with the rules pertaining to judicial arbitration. (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds. (3) In addition to Chapter 2.5 (commencing with Section 1141.10) Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo. (c) The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process. 20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed except as otherwise provided in the contract. (b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law. Although not to be construed as proceeding under extra work provisions, the Contractor shall keep and furnish records of disputed work in accordance with Section 3-3. l' •,;' Revised 7/19/17 Contract No. 6606-17 Page 27 of 138 Pages 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 otherwise specified, inspection is required at the source for such typical materials and fabricated items as bituminous paving mixtures, structural concrete, metal fabrication, metal casting, welding, concrete pipe manufacture, protective coating application, and similar shop or plant operations. Steel pipe in sizes less than 18 inches and vitrified clay and cast iron pipe in all sizes are acceptable upon certification as to compliance with the Specifications, subject to sampling and testing by the Agency. Standard items of equipment such as electric motors, conveyors, elevators, plumbing fixtures, etc., are subject to inspection at the job site only. Special items of equipment such as designed electrical panel boards, large pumps, sewage plant equipment, etc., are subject to inspection at the source, normally only for performance testing. The Specifications may require inspection at the source for other items not typical of those listed in this section. The Contractor shall provide the Engineer free and safe access to any and all parts of work at any time. Such free and safe access shall include means of safe access and egress, ventilation, lighting, shoring, dewatering and all elements pertaining to the safety of persons as contained in the State of California, California Code of Regulations, Title 8, Industrial Relations, Chapter 4, l' •+; Revised 7/19/17 Contract No. 6606-17 Page 28 of 138 Pages Division of Industrial Safety, Subchapter 4, Construction Safety Orders and such other safety regulations as may apply. Contractor shall furnish Engineer with such information as may be necessary to keep the Engineer fully informed regarding progress and manner of work and character of materials. Inspection or testing of the whole or any portion of the work or materials incorporated in the work shall not relieve Contractor from any obligation to fulfill this Contract. 4-1.3.2 Inspection of Materials Not Locally Produced. When the Contractor intends to purchase materials, fabricated products, or equipment from sources located more than 50 miles outside the geographical limits of the Agency, an inspector or accredited testing laboratory (approved by the Engineer), shall be engaged by the Contractor at its expense, to inspect the materials, equipment or process. This approval shall be obtained before producing any material or equipment. The inspector or representative of the testing laboratory shall judge the materials by the requirements of the Plans and Specifications. The Contractor shall forward reports required by the Engineer. No material or equipment shall be shipped nor shall any processing, fabrication or treatment of such materials be done without proper inspection by the approved agent. Approval by said agent shall not relieve the Contractor of responsibility for complying with the Contract requirements. 4-1.3.3 Inspection by the Agency. The Agency will provide all inspection and testing laboratory services within 50 miles of the geographical limits of the Agency. For private contracts, all costs of inspection at the source, including salaries and mileage costs, shall be paid by the permittee. 4-1.4 Test of Material. Before incorporation in the Work, the Contractor shall submit samples of materials, as the Engineer may require, at no cost to the Agency. The Contractor, at its expense, shall deliver the materials for testing to the place and at the time designated by the Engineer. Unless otherwise provided, all initial testing will be performed under the direction of the Engineer, and at no expense to the Contractor. If the Contractor is to provide and pay for testing, it will be stated in the Specifications. For private contracts, the testing expense shall be borne by the permittee. The Contractor shall notify the Engineer in writing, at least 15 days in advance, of its intention to use materials for which tests are specified, to allow sufficient time to perform the tests. The notice shall name the proposed supplier and source of material. If the notice of intent to use is sent before the materials are available for testing or inspection, or is sent so far in advance that the materials on hand at the time will not last but will be replaced by a new lot prior to use on the Work, it will be the Contractor's responsibility to renotify the Engineer when samples which are representative may be obtained. Except as specified in these Provisions, the Agency will bear the cost of testing of locally produced materials and/or on-site workmanship where the results of such tests meet or exceed the requirements indicated in the Standard Specifications, Technical Specification, and any Supplemental Provisions. The cost of all other tests shall be borne by the Contractor. At the option of the Engineer, the source of supply of each of the materials shall be approved by the Engineer before the delivery is started. All materials proposed for use may be inspected or tested at any time during their preparation and use. If, after incorporating such materials into the Work, it is found that sources of supply that have been approved do not furnish a uniform product, or if the product from any source proves unacceptable at any time, the Contractor shall furnish approved material from other approved sources. If any product proves unacceptable after improper storage, handling or for any other reason it shall be rejected, not incorporated into the l' •,r Revised 7 /19/17 Contract No. 6606-17 Page 29 of 138 Pages work and shall be removed from the project site all at the Contractor's expense. Compaction tests may be made by the Engineer and all costs for tests that meet or exceed the requirements of the specifications shall be borne by the Agency. Said tests may be made at any place along the work as deemed necessary by the Engineer. The costs of any retests made necessary by noncompliance with the specifications shall be borne by the Contractor. 4-1.5 Certification. The Engineer may waive materials testing requirements of the Specifications and accept the manufacturer's written certification that the materials to be supplied meet those requirements. Material test data may be required as part of the certification. 4-1.6 Trade Names or Equals. The Contractor may supply any of the materials specified or offer an equivalent. The Engineer shall determine whether the material offered is equivalent to that specified. Adequate time shall be allowed for the Engineer to make this determination. Whenever any particular material, process, or equipment is indicated by patent, proprietary or brand name, or by name of manufacturer, such wording is used for the purpose of facilitating its description and shall be deemed to be followed by the words or equal. A listing of materials is not intended to be comprehensive, or in order of preference. The Contractor may offer any material, process, or equipment considered to be equivalent to that indicated. The substantiation of offers shall be submitted as provided in the contract documents. The Contractor shall, at its expense, furnish data concerning items offered by it as equivalent to those specified. The Contractor shall have the material tested as required by the Engineer to determine that the quality, strength, physical, chemical, or other characteristics, including durability, finish, efficiency, dimensions, service, and suitability are such that the item will fulfill its intended function. Test methods shall be subject to the approval of the Engineer. Test results shall be reported promptly to the Engineer, who will evaluate the results and determine if the substitute item is equivalent. The Engineer's findings shall be final. Installation and use of a substitute item shall not be made until approved by the Engineer. If a substitute offered by the Contractor is not found to be equal to the specified material, the Contractor shall furnish and install the specified material. The specified Contract completion time shall not be affected by any circumstance developing from the provisions of this section. The Contractor is responsible for the satisfactory performance of substituted items. If, in the sole opinion of the Engineer, the substitution is determined to be unsatisfactory in performance, appearance, durability, compatibility with associated items, availability of repair parts and suitability of application the Contractor shall remove the substituted item and replace it with the originally specified item at no cost to the Agency. 4-1.7 Weighing and Metering Equipment. All scales and metering equipment used for proportioning materials shall be inspected for accuracy and certified within the past 12 months by the State of California Bureau of Weights and Measures, by the County Director or Sealer of Weights and Measures, or by a scale mechanic registered with or licensed by the County. l'\ •+r' Revised 7/19/17 Contract No. 6606-17 Page 30 of 138 Pages The accuracy of the work of a scale service agency, except as stated herein, shall meet the standards of the California Business and Professions Code and the California Code of Regulations pertaining to weighing devices. A certificate of compliance shall be presented, prior to operation, to the Engineer for approval and shall be renewed whenever required by the Engineer at no cost to the Agency. All scales shall be arranged so they may be read easily from the operator's platform or area. They shall indicate the true net weight without the application of any factor. The figures of the scales shall be clearly legible. Scales shall be accurate to within 1 percent when tested with the plant shut down. Weighing equipment shall be so insulated against vibration or moving of other operating equipment in the plant area that the error in weighing with the entire plant running will not exceed 2 percent for any setting nor 1.5 percent for any batch. 4-1.8 Calibration of Testing Equipment. Testing equipment, such as, but not limited to pressure gages, metering devices, hydraulic systems, force (load) measuring instruments, and strain-measuring devices shall be calibrated by a testing agency acceptable to the Engineer at intervals not to exceed 12 months and following repairs, modification, or relocation of the equipment. Calibration certificates shall be provided when requested by the Engineer. 4-1.9 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 observations of the same or similar materials are diverse enough such that the work acceptance or performance becomes suspect. The investigation shall allow access to all test results, procedures, and facilities relevant to the disputed work and consider all available 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 California Registered Civil Engineers. Within 7 calendar days after the written request notification, the Agency and the Contractor will each select one engineer. Within 14 calendar days of the written request notification, the two selected engineers will select a third engineer. The goal in selection of the third member is to complement the professional experience of the first two engineers. Should the two engineers fail to select the third engineer, the Agency and the Contractor shall each propose 2 engineers to be the third member within 21 calendar days after the written request 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 l' •+;' Revised 7/19/17 Contract No. 6606-17 Page 31 of 138 Pages committee may provide engineering recommendations as necessary. Unless otherwise 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: 1. Within 7 days of the formation of the committee, the Agency and the Contractor reach an acceptable resolution mechanism; or 2. Within 14 days of the formation of the committee, the initiating party withdraws its written notification and agrees to bear all investigative related costs thus far incurred; or 3. At any point by the mutual agreement of the Agency and the Contractor. Unless otherwise 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 investigation will assign costs cooperatively with each party or when necessary, equally. Should the investigation be unable to substantiate a contradiction, the initiator of the investigation shall bear all investigative costs. All claim notification 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 clearly state for each delivery: the name of the Contractor as consignee, the project name and number, address of delivery and name of consignor and a description of the material(s) shipped. Prior to storage of any materials which have been shipped to or by the Contractor to any location within the Agency's boundaries the Contractor shall provide the Engineer a copy of lease agreements for each property where such materials are stored. The lease agreement shall clearly state the term of the lease, the description of materials allowed to be stored and shall provide for the removal of the materials and restoration of the storage site within the time allowed for the Work. All such storage shall conform to all laws and ordinances that may pertain to the materials stored and to preparation of the storage site and the location of the site on which the materials are stored. Loss, damage or deterioration of all stored materials shall be the Contractor's responsibility. Conformance to the requirements of this section, both within and outside the limits of work are a part of the Work. The Engineer shall have the right to verify the suitability of materials and their proper storage at any time during the Work. l' •+;' Revised 7/19/17 Contract No. 6606-17 Page 32 of 138 Pages SECTION 5 -UTILITIES 5-1 LOCATION. The Agency and affected utility companies have, by a search of known records, endeavored to locate and indicate on the Plans, all utilities which exist within the limits of the work. However, the accuracy and/or completeness of the nature, size and/or location of utilities indicated on the Plans is not guaranteed. Where underground main distribution conduits such as water, gas, sewer, electric power, telephone, or cable television are shown on the Plans, the Contractor shall assume that every property parcel will be served by a service connection for each type of utility. As provided in Section 4216 of the California Government Code, at least 2 working days prior to commencing any excavation, the Contractor shall contact the regional notification center (Underground Service Alert of Southern California) and obtain an inquiry identification number. The California Department of Transportation is not required by Section 4216 to become a member of the regional notification center. The Contractor shall contact it for location of its subsurface installations. The Contractor shall determine the location and depth of all utilities, including service connections, which have been marked by the respective owners and which may affect or be affected by its operations. If no pay item is provided in the Contract for this work, full compensation for such work shall be considered as included in the prices bid for other items of work. 5-2 PROTECTION. The Contractor shall not interrupt the service function or disturb the support of any utility without authority from the owner or order from the Agency. All valves, switches, vaults, and meters shall be maintained readily accessible for emergency shutoff. Where protection is required to ensure support of utilities located as shown on the Plans or in accordance with Section 5-1, the Contractor shall, unless otherwise provided, furnish and place the necessary protection at its expense. Upon learning of the existence and location of any utility omitted from or shown incorrectly on the Plans, the Contractor shall immediately notify the Engineer in writing. When authorized by the Engineer, support or protection of the utility will be paid for as provided in Section 3-2.2.3 or 3-3. The Contractor shall immediately notify the Engineer and the utility owner if any utility is disturbed or damaged. The Contractor shall bear the costs of repair or replacement of any utility damaged if located as noted in Section 5-1. When placing concrete around or contiguous to any non-metallic utility installation, the Contractor shall at its expense: 1. Furnish and install a 2 inch cushion of expansion joint material or other similar resilient material; or 2. Provide a sleeve or other opening which will result in a 2 inch minimum-clear annular space between the concrete and the utility; or 3. Provide other acceptable means to prevent embedment in or bonding to the concrete. l'\ •,; Revised 7/19/17 Contract No. 6606-17 Page 33 of 138 Pages Where concrete is used for backfill or for structures which would result in embedment, or partial embedment, of a metallic utility installation; or where the coating, bedding or other cathodic protection system is exposed or damaged by the Contractor's operations, the Contractor shall notify the Engineer and arrange to secure the advice of the affected utility owner regarding the procedures required to maintain or restore the integrity of the system. 5-3 REMOVAL. Unless otherwise specified, the Contractor shall remove all interfering portions of utilities shown on the Plans or indicated in the Bid documents as "abandoned" or "to be abandoned in place". Before starting removal operations, the Contractor shall ascertain from the Agency whether the abandonment is complete, and the costs involved in the removal and disposal shall be included in the Bid for the items of work necessitating such removals. 5-4 RELOCATION. When feasible, the owners responsible for utilities within the area affected by the Work will complete their necessary installations, relocations, repairs, or replacements before commencement of work by the Contractor. When the Plans or Specifications indicate that a utility installation is to be relocated, altered, or constructed by others, the Agency will conduct all negotiations with the owners and work will be done at no cost to the Contractor, except for manhole frame and cover sets to be brought to grade Utilities which are relocated in order to avoid interference shall be protected in their position and the cost of such protection shall be included in the Bid for the items of work necessitating such relocation. After award of the Contract, portions of utilities which are found to interfere with the Work will be relocated, altered or reconstructed by the owners, or the Engineer may order changes in the Work to avoid interference. Such changes will be paid for in accordance with Section 3-2. When the Plans or Specifications provide for the Contractor to alter, relocate, or reconstruct a utility, all costs for such work shall be included in the Bid for the items of work necessitating such work. Temporary or permanent relocation or alteration of utilities requested by the Contractor for its convenience shall be its responsibility and it shall make all arrangements and bear all costs. The utility owner will relocate service connections as necessary within the limits of the Work or within temporary construction or slope easements. When directed by the Engineer, the Contractor shall arrange for the relocation of service connections as necessary between the meter and property line, or between a meter and the limits of temporary construction or slope easements. The relocation of such service connections will be paid for in accordance with provisions of Section 3-3. Payment will include the restoration of all existing improvements which may be affected thereby. The Contractor may agree with the owner of any utility to disconnect and reconnect interfering service connections. The Agency will not be involved in any such agreement. In conformance with Section 5-6 the Contractor shall coordinate the work with utility agencies and companies. Prior to the installation of any and all utility structures within the limits of work by any utility agency or company, or its contractor, the Contractor shall place all curb or curb and gutter that is a part of the work and adjacent to the location where such utility structures are shown on the plans and are noted as being located, relocated or are otherwise shown as installed by others. In order to minimize delays to the Contractor caused by the failure of other parties to relocate utilities that interfere with the construction, the Contractor, upon the Engineer's approval, may be permitted to temporarily omit the portion of work affected by the utility. If such temporary omission is approved by the Engineer the Contractor shall place survey or other physical control markers sufficient to locate the curb or curb and gutter to the satisfaction of the utility agency or company. l' •ff Revised 7/19/17 Contract No. 6606-17 Page 34 of 138 Pages Such temporary omIssIon shall be for the Contractor's convenience and no additional compensation will be allowed therefore or for additional work, materials or delay associated with the temporary omission. The portion thus omitted shall be constructed by the Contractor immediately following the relocation of the utility involved unless otherwise directed by the Engineer. 5-5 DELAYS. The Contractor shall notify the Engineer of its construction schedule insofar as it affects the protection, removal, or relocation of utilities. Said notification shall be included as a part of the construction schedule required in Section 6-1. The Contractor shall notify the Engineer in writing of any subsequent changes in the construction schedule which will affect the time available for protection, removal, or relocation of utilities. The Contractor will not be entitled to damages or additional payment for delays attributable to utility relocations or alterations if correctly located, noted, and completed in accordance with Section 5-1. The Contractor may be given an extension of time for unforeseen delays attributable to unreasonably protracted interference by utilities in performing work correctly shown on the Plans. The Agency will assume responsibility for the timely removal, relocation, or protection of existing main or trunkline utility facilities within the area affected by the Work if such utilities are not identified in the Contract Documents. The Contractor will not be assessed liquidated damages for any delay caused by failure of Agency to provide for the timely removal, relocation, or protection of such existing facilities. If the Contractor sustains loss due to delays attributable to interferences, relocations, or alterations not covered by Section 5-1, which could not have been avoided by the judicious handling of forces, equipment, or plant, there shall be paid to the Contractor such amount as the Engineer may find to be fair and reasonable compensation for such part of the Contractor's actual loss as was unavoidable and the Contractor may be granted an extension of time. 5-6 COOPERATION. When necessary, the Contractor shall so conduct its operations as to permit access to the Work site and provide time for utility work to be accomplished during the progress of the Work. SECTION 6 -PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Except as otherwise provided herein and unless otherwise prohibited by permits from other agencies as may be required by law the Contractor shall begin work within seven calendar days (7) 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 l~ •iF Revised 7/19/17 Contract No. 6606-17 Page 35 of 138 Pages default by Contractor per Section 6-4. No separate payment will be made for the Contractor's attendance at the meeting. The notice to proceed will only be issued on or after the completion of the preconstruction meeting. 6-1.1.1 Baseline Construction Schedule Submittal. The Contractor shall submit the Baseline Construction Schedule per the submittal requirements of Section 2-5.3. The submittal of the Baseline Construction Schedule shall include each item and element of Sections 6-1.2 through 6-1.2.9 and shall be on hard (paper) copy and electronic media conforming to Section 6-1.3.3 Electronic Media. 6-1.2 Preparation and Review of the Baseline Construction Schedule. The Contractor shall prepare the Baseline Construction Schedule as a Critical Path Method (CPM) Schedule in the precedence diagram method (activity-on-node) 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 define beginning and ending of each phase or stage. 6-1.2.1 Time-Scaled Network Diagram. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a complete time-scaled network diagram showing all of the activities, logic relationships, and milestones comprising the schedule. 6-1.2.2 Tabular Listing. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a tabular listing of all of the activities, showing for each 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. 6-1.2.5 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 describe the project work, and to allow monitoring and evaluation of progress and of time impacts. Each activity's description shall accurately define the work planned for the activity and each activity shall have recognizable beginning and end points. 6-1.2.6 Float. Float or slack time within the schedule is available without charge or compensation to whatever party or contingency first exhausts it. l~ •,r Revised 7/19/17 Contract No. 6606-17 Page 36 of 138 Pages 6-1.2.7 Restraints to Activities. Any submittals, utility interfaces, or any furnishing of Agency supplied materials, equipment, or services, which may impact any activity's construction shall be shown as a restraint to those activities. Time periods to accommodate the review and correction of submittals shall be included in the schedule. 6-1.2.8 Late Completion. A Baseline Construction Schedule showing a project duration longer than the specified contract duration will not be acceptable and will be grounds for determination of default by Contractor, per Section 6-4. 6-1.2.9 Early Completion. The Baseline Construction Schedule will show the Contractor's plan to support and maintain the project for the entire contractual time span of the project. Should the Contractor propose a project duration shorter than contract duration, a complete Baseline Construction Schedule must be submitted, reflecting the shorter duration, in complete accordance with all schedule requirements of Section 6-1. The Engineer may choose to accept the Contractor's proposal of a project duration shorter than the duration specified; provided the Agency is satisfied the shortened Baseline Construction Schedule is reasonable and the Agency and all other entities, public and private, which interface with the project are able to support the provisions of the shortened Baseline Construction Schedule. The Agency's acceptance of a shortened duration project will be confirmed through the execution of a contract change order revising the project duration and implementing all contractual requirements including liquidated damages in accordance with the revised duration. 6-1.2.10 Engineer's Review. The Construction Schedule is subject to the review of the Engineer. The Engineer's determination that the Baseline Construction Schedule proposed by the Contractor complies with the requirements of these supplemental provisions shall be a condition precedent to issuance of the Notice to Proceed by the Engineer. If the Engineer determines that the Construction Schedule does not meet the requirements of these specifications the Contractor shall correct the Construction Schedule to meet these specifications and resubmit it to the Engineer. Failure of the Contractor to obtain the Engineer's determination that the initial Construction Schedule proposed by the Contractor complies with the requirements of these supplemental provisions within thirty (30) working days after the date of the preconstruction meeting shall be grounds for termination of the contract per Section 6-4. Days used by the Engineer to review the initial Construction Schedule will not be included in the 30 working days. The Engineer will review and return to the Contractor, with any comments, the Baseline Construction Schedule within 15 working days of submittal. The Baseline Construction Schedule will be returned marked as per Sections 6-1.2.10.1 through 6-1.2.10.3. 6-1.2.10.1 "Accepted." The Contractor may proceed with the project work upon issuance of the Notice to Proceed, and will receive payment for the schedule in accordance with Section 6-1.8.1. 6-1.2.10.2 "Accepted with Comments." The Contractor may proceed with the project work upon issuance of the Notice to Proceed. The Contractor must resubmit the schedule incorporating the comments prior to receipt of payment per Section 6-1.8.1. 6-1.2.10.3 "Not Accepted." The Contractor must resubmit the schedule incorporating the 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 l'\ •+;' Revised 7/19/17 Contract No. 6606-17 Page 37 of 138 Pages changes of the comments are not submitted as required herein before 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 underway at the end of the month, the Contractor shall report the percentage determined by the Engineer as complete for the activity. 6-1.3.3 Electronic Media. The schedule data disk shall be a CD-ROM, labeled with the project name and number, the Contractor's name and the date of preparation of the schedule data disk. The schedule data disk shall be readable by the software specified in Section 6-1.2.4 "Schedule Software" and shall be free of file locking, encryption or any other protocol that would impede full access of all data stored on it. 6-1.3.4 List of Changes. A list of all changes made to the activities or to the interconnecting logic, with an explanation for each change. 6-1.3.5 Change Orders. Each monthly update will include the addition of the network revisions reflecting the change orders approved in the previous month. The network revisions will be as agreed upon during the review and acceptance of the Contractor's change orders. 6-1.3.6 Bar Chart. Each monthly update will include a chart showing individual tasks and their durations arranged with the tasks on the vertical axis and duration on the horizontal axis. The bar chart shall use differing texture patterns or distinctive line types to show the critical path. 6-1.4 Engineer's Review of Updated Construction Schedule. The Engineer will review and return the Updated Construction Schedule to the Contractor, with any comments, within 5 working days of submittal. The Updated Construction Schedule will be returned 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 l~ •ti Revised 7/19/17 Contract No. 6606-17 Page 38 of 138 Pages 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 6-1. 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. The Contractor's preparation, revision and maintenance of the Construction Schedule are incidental to the work and no separate payment will be made therefore. 6-2 PROSECUTION OF WORK. To minimize public inconvenience and possible hazard and to restore street and other work areas to their original condition and state of usefulness as soon as practicable, the Contractor shall diligently prosecute the Work to completion. If the Engineer determines that the Contractor is failing to prosecute the Work to the proper extent, the Contractor shall, upon orders from the Engineer, immediately take steps to remedy the situation. All costs of prosecuting the Work as described herein shall be included in the Contractor's Bid. Should the Contractor fail to take the {'\ •+; Revised 7/19/17 Contract No. 6606-17 Page 39 of 138 Pages necessary steps to fully accomplish said purposes, after orders of the Engineer, the Engineer may suspend the work in whole or part, until the Contractor takes said steps. As soon as possible under the provisions of the Specifications, the Contractor shall backfill all excavations and restore to usefulness all improvements existing prior to the start of the Work. If Work is suspended through no fault of the Agency, all expenses and losses incurred by the Contractor during such suspensions shall be borne by the Contractor. If the Contractor fails to properly provide for public safety, traffic, and protection of the Work during periods of suspension, the Agency may elect to do so, and deduct the cost thereof from monies due the Contractor. Such actions will not relieve the Contractor from liability. 6-2.1 Order of Work. The work to be done shall consist of furnishing all labor, equipment and materials, and performing all operations necessary to complete the Project Work as shown on the Project Plans and as specified in the Specifications. 6-2.3 Project Meetings. The Engineer will establish the time and location of Project Meetings whenever necessary. The Contractor's Representative shall attend each Project Meeting. The Project Representative shall be the individual determined under Section 7-6, "The Contractor's Representative". No separate payment for attendance of the Contractor, the Contractor's Representative or any other employee or subcontractor or subcontractor's employee at these meetings will be made. 6-3 SUSPENSION OF WORK. 6-3.1 General. The Work may be suspended in whole or in part when determined by the Engineer that the suspension is necessary in the interest of the Agency. The Contractor shall comply immediately with any written order of the Engineer. Such suspension shall be without liability to the Contractor on the part of the Agency except as otherwise specified in Section 6-6.3. 6-3.2 Archaeological and Paleontological Discoveries. If discovery is made of items of archaeological or paleontological interest, the Contractor shall immediately cease excavation in the area of discovery and shall not continue until ordered by the Engineer. When resumed, excavation operations within the area of discovery shall be as directed by the Engineer. Discoveries which may be encountered may include, but not be limited to, dwelling sites, stone implements or other artifacts, animal bones, human bones, and fossils. The Contractor shall be entitled to an extension of time and compensation in accordance with the provisions of Section 6-6. 6-4 DEFAULT BY CONTRACTOR. If the Contractor fails to begin delivery of material and equipment, to commence the Work within the time specified, to maintain the rate of delivery of material, to execute the Work in the manner and at such locations as specified, or fails to maintain the Work schedule which will insure the Agency's interest, or, if the Contractor is not carrying out the intent of the Contract, the Agency may serve written notice upon the Contractor and the Surety on its Faithful Performance Bond demanding satisfactory compliance with the Contract. The Contract may be canceled by the Board without liability for damage, when in the Board's opinion the Contractor is not complying in good faith, has become insolvent, or has assigned or l' •+;' Revised 7/19/17 Contract No. 6606-17 Page 40 of 138 Pages subcontracted any part of the Work without the Board's consent. In the event of such cancellation, the Contractor will be paid the actual amount due based on Contract Unit Prices or lump sums bid and the quantity of the Work completed at the time of cancellation, less damages caused to the Agency by acts of the Contractor. The Contractor, in having tendered a Bid, shall be deemed to have waived any and all claims for damages because of cancellation of Contract for any such reason. If the Agency declares the Contract canceled for any of the above reasons, written notice to that effect shall be served upon the Surety. The Surety shall, within five (5) days, assume control and perform the Work as successor to the Contractor. If the Surety assumes any part of the Work, it shall take the Contractor's place in all respects for that part, and shall be paid by the Agency for all work performed by it in accordance with the Contract. If the Surety assumes the entire Contract, all money due the Contractor at the time of its default shall be payable to the Surety as the Work progresses, subject to the terms of the Contract. If the Surety does not assume control and perform the Work within 5 days after receiving notice of cancellation, or fails to continue to comply, the Agency may exclude the Surety from the premises. The Agency may then take possession of all material and equipment and complete the Work by Agency forces, by letting the unfinished Work to another Contractor, or by a combination of such methods. In any event, the cost of completing the Work shall be charged against the Contractor and its Surety and may be deducted from any money due or becoming due from the Agency. If the sums due under the Contract are insufficient for completion, the Contractor or Surety shall pay to the Agency within 5 days after the completion, all costs in excess of the sums due. The provisions of this section shall be in addition to all other rights and remedies available to the Agency under law. 6-5 TERMINATION OF CONTRACT. The Board may terminate the Contract at its own discretion or when conditions encountered during the Work make it impossible or impracticable to proceed, or when the Agency is prevented from proceeding with the Contract by act of God, by law, or by official action of a public authority. 6-6 DELAYS AND EXTENSIONS OF TIME. 6-6.1 General. If delays are caused by unforeseen events beyond the control of the Contractor, such delays will entitle the Contractor to an extension of time as provided herein, but the Contractor will not be entitled to damages or additional payment due to such delays, except as provided in 6-6.3. Such unforeseen events may include: war, government regulations, labor disputes, strikes, fires, floods, adverse weather or elements necessitating cessation of work, inability to obtain materials, labor or equipment, required extra work, or other specific events as may be further described in the Specifications. No extension of time will be granted for a delay caused by the Contractor's inability to obtain materials unless the Contractor furnishes to the Engineer documentary proof. the proof must be provided in a timely manner in accordance with the sequence of the Contractor's operations and the approved construction schedule. If delays beyond the Contractor's control are caused by events other than those mentioned above, the Engineer may deem an extension of time to be in the best interests of the Agency. The ,., •+;' Revised 7/19/17 Contract No. 6606-17 Page 41 of 138 Pages Contractor will not be entitled to damages or additional payment due to such delays, except as provided in Section 6-6.3. If delays beyond the Contractor's control are caused solely by action or inaction by the Agency, such delays will entitle the Contractor to an extension of time as provided in Section 6-6.2. 6-6.2 Extensions of Time. Extensions of time, when granted, will be based upon the effect of delays to the Work. They will not be granted for noncontrolling delays to minor portions of the Work unless it can be shown that such delays did or will delay the progress of the Work. 6-6.3 Payment for Delays to Contractor. The Contractor will be compensated for damages incurred due to delays for which the Agency is responsible. Such actual costs will be determined by the Engineer. The Agency will not be liable for damages which the Contractor could have avoided by any reasonable means, such as judicious handling of forces, equipment, or plant. The determination of what damages the Contractor could have avoided will be made by the Engineer. 6-6.4 Written Notice and Report. The Contractor shall provide written notice to the Engineer within two hours of the beginning of any period that the Contractor has placed any workers or equipment on standby for any reason that the Contractor has determined to be caused by the Agency or by any organization that the Agency may otherwise be obligated by. The Contractor shall provide continuing daily written notice to the Engineer, each working day, throughout the duration of such period of delay. The initial and continuing written notices shall include the classification of each workman and supervisor and the make and model of each piece of equipment placed on standby, the cumulative duration of the standby, the Contractor's opinion of the cause of the delay and a cogent explanation of why the Contractor could not avoid the delay by reasonable means. Should the Contractor fail to provide the notice(s) required by this section the Contractor agrees that no delay has occurred and that it will not submit any claim(s) therefore. 6-7 TIME OF COMPLETION. 6-7.1 General. The Contractor shall complete the Work within the time set forth in the Contract. The Contractor shall complete each portion of the Work within such time as set forth in the Contract for such portion. The time of completion of the Contract shall be expressed working days. The Contractor shall diligently prosecute the work to completion within sixty (60) working days after the starting date specified in the Notice to Proceed. 6-7.2 Working Day. A working day is any day within the period between the start of the Contract time as defined in Section 6-1 and the date provided for completion, or upon field acceptance by the Engineer for all work provided for in the Contract, whichever occurs first, other than: 1. Saturday, 2. Sunday, 3. any day designated as a holiday by the Agency, 4. any other day designated as a holiday in a Master Labor Agreement entered into by the Contractor or on behalf of the Contractor as an eligible member of a contractor 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. l' •+;' Revised 7/19/17 Contract No. 6606-17 Page 42 of 138 Pages Unless otherwise approved in writing by the Engineer, the hours of work shall be between the hours of 8:00 a.m. and 4:00 p.m. on Mondays through Fridays, excluding Agency holidays. The Contractor shall obtain the written approval of the Engineer if the Contractor desires to work outside said hours or at any time during weekends and/or holidays. This written permission must be obtained at least 48 hours prior to such work The Engineer may approve work outside the hours and/or days stated herein when, in his/her sole opinion, such work conducted by the Contractor is beneficial to the best interests of the Agency. The Contractor shall pay the inspection costs of such work. The Contractor shall incorporate the dates, areas and types of work prohibited in this section in the Construction Schedule required by Section 6.1. No additional payment, adjustment of bid prices or adjustment of contract time of completion will be allowed as a consequence of the prohibition of work being performed within the dates, areas and/or types of work prohibited in this section. 6-7.3 Contract Time Accounting. The Engineer will make a daily determination of each working day to be charged against the Contract time. These determinations will be discussed and the Contractor will be furnished a periodic statement showing allowable number of working days of Contract time, as adjusted, at the beginning of the reporting period. The statement will also indicate the number of working days charged during the reporting period and the number of working days of Contract time remaining. If the Contractor does not agree with the statement, it shall file a written protest within 15 days after receipt, setting forth the facts of the protest. Otherwise, the statement will be deemed to have been accepted. 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY. The Work will be inspected by the Engineer for acceptance upon receipt of the Contractor's written assertion that the Work has been completed. The Engineer will not accept the Work or any portion of the Work before all of the Work is completed and all outstanding deficiencies that may exist are corrected by the Contractor and the Engineer is satisfied that all the materials and workmanship, and all other features of the Work, meet the requirements of all of the specifications for the Work. Use, temporary, interim or permanent, of all, or portions of, the Work does not constitute acceptance of the Work. If, in the Engineer's judgment, the Work has been completed and is ready for acceptance the Engineer will so certify to the Board. Upon such certification by the Engineer the Board may accept the completed Work. Upon the Board's acceptance of the Work the Engineer will cause a "Notice of Completion" to be filed in the office of the San Diego County Recorder. The date of recordation shall be the date of completion of the Work. All work shall be warranted for one (1) year after recordation of the "Notice of Completion" and any faulty work or materials discovered during the warranty period shall be repaired or replaced by the Contractor, at its expense. Twenty-five percent of the faithful performance bond shall be retained as a warranty bond for the one year warranty period. The Contractor shall replace or repair any such defective work in a manner satisfactory to the Engineer, after notice to do so from the Engineer, and within the time specified in the notice. If the Contractor fails to make such replacement or repairs within the time specified in the notice, the Agency may perform this work and the Contractor's sureties shall be liable for the cost thereof. 6-9 LIQUIDATED DAMAGES. Failure of the Contractor to complete the Work within the time allowed will result in damages being sustained by the Agency. For each consecutive calendar l' •+; Revised 7/19/17 Contract No. 6606-17 Page 43 of 138 Pages day in excess of the time specified for completion of Work, as adjusted in accordance with Section 6-6, the Contractor shall pay the Agency, or have withheld monies due it, the sum of five hundred dollars ($500). 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 five hundred dollars ($500) per day is the minimum value of costs and actual damages caused by the Contractor to complete the Work within the allotted time. Any progress payments made after the specified completion date shall not constitute a waiver of this paragraph or of any damages. 6-10 USE OF IMPROVEMENT DURING CONSTRUCTION. The Agency reserves the right to take over and utilize all or part of any completed facility or appurtenance. The Contractor will be notified in writing in advance of such action. Such action by the Agency will relieve the Contractor of responsibility for injury or damage to said completed portions of the improvement resulting from use by public traffic or from the action of the elements or from any other cause, except Contractor operations or negligence. The Contractor will not be required to reclean such portions of the improvement before field acceptance, except for cleanup made necessary by its operations. Nothing in this section shall be construed as relieving the Contractor from full responsibility for correcting defective work or materials. In the event the Agency exercises its right to place into service and utilize all or part of any completed facility or appurtenance, the Agency will assume the responsibility and liability for injury to persons or property resulting from the utilization of the facility or appurtenance so placed into service, except for any such injury to persons or property caused by any willful or negligent act or omission by the Contractor, Subcontractor, their officers, employees, or agents. SECTION 7 -RESPONSIBILITIES OF THE CONTRACTOR 7-1 CONTRACTOR'S EQUIPMENT AND FACILITIES. The Contractor shall furnish and maintain in good condition all equipment and facilities as required for the proper execution and inspection of the Work. Such equipment and facilities shall meet all requirements of applicable ordinances and laws. 7-2 LABOR. 7-2.1 General. Only competent workers shall be employed on the Work. Any person employed who is found to be incompetent, intemperate, troublesome, disorderly, or otherwise objectionable, or who fails or refuses to perform work properly and acceptably, shall be immediately removed from the Work by the Contractor and not be reemployed on the Work. 7-2.2 Laws. The Contractor, its agents, and employees shall be bound by and comply with applicable provisions of the Labor Code and Federal, State, and local laws related to labor. The Contractor shall strictly adhere to the provisions of the Labor Code regarding minimum wages; the 8-hour day and 40-hour week; overtime; Saturday, Sunday, and holiday work; and nondiscrimination because of race, color, national origin, sex, or religion. The Contractor shall forfeit to the Agency the penalties prescribed in the Labor Code for violations. l~ •+;' Revised 7/19/17 Contract No. 6606-17 Page 44 of 138 Pages In accordance with the Labor Code, the Board has on file and will publish a schedule of prevailing wage rates for the types of work to be done under the Contract. The Contractor shall not pay less than these rates. Each worker shall be paid subsistence and travel as required by the collective bargaining agreement on file with the State of California Department of Industrial Relations. The Contractor's attention is directed to Section 1776 of the Labor Code which imposes responsibility upon the Contractor for the maintenance, certification, and availability for inspection of such records for all persons employed by the Contractor or Subcontractor in connection with the project. The Contractor shall agree through the Contract to comply with this Section and the remaining provisions of the Labor Code. 7-3 LIABILITY INSURANCE. Insurance shall be required as specified in section 10 of the Public Works Contract. The cost of this insurance shall be included in the Contractor's Bid. 7-4 WORKERS' COMPENSATION INSURANCE. Before execution of the Contract by the Board, the Contractor shall file with the Engineer the following signed certification: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." The Contractor shall also comply with Section 3800 of the Labor Code by securing, paying for, and maintaining in full force and effect for the duration of the contract, complete Workers' Compensation Insurance, and shall furnish a Certificate of Insurance to the Engineer before execution of the Contract. The Agency, its officers, or employees, will not be responsible for any claims in law or equity occasioned by failure of the Contractor to comply with this paragraph. All compensation insurance policies shall bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration or proposed cancellation of such policies for any reason whatsoever, the Agency shall be notified by registered mail not less than 30 days before expiration or cancellation is effective. All insurance is to be placed with insurers that are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. Policies issued by the State Compensation Fund meet the requirement for workers' compensation insurance. 7-5 PERMITS. Except as specified herein the Contractor will obtain, at no cost to the Contractor all City of Carlsbad encroachment, right-of-way, grading and building permits necessary to perform work for this contract on Agency property, streets, or other rights-of-way. Contractor shall not begin work until all permits incidental to the work are obtained. The Contractor shall obtain and pay for all permits for the disposal of all materials removed from the project. The cost of said permit(s) shall be included in the price bid for the appropriate bid item and no additional compensation will be allowed therefore. The Contractor shall obtain and {'\ •+; Revised 7/19/17 Contract No. 6606-17 Page 45 of 138 Pages pay for all costs incurred for permits necessitated by its operations such as, but not limited to, those permits required for night work, overload, blasting, and demolition. For private contracts, the Contractor shall obtain all permits incidental to the Work or made necessary by its operations, and pay all costs incurred by the permit requirements. The Contractor shall pay all business taxes or license fees that are required for the work. 7-5.1 Resource Agency Permits. No Resource agency permits are required for this work. 7-6 THE CONTRACTOR'S REPRESENTATIVE. Before starting work, the Contractor shall designate in writing a representative who shall have complete authority to act for it. An alternative representative may be designated as well. The representative or alternate shall be present at the Work site whenever work is in progress or whenever actions of the elements necessitate its presence to take measures necessary to protect the Work, persons, or property. Any order or communication given to this representative shall be deemed delivered to the Contractor. A joint venture shall designate only one representative and alternate. In the absence of the Contractor or its representative, instructions or directions may be given by the Engineer to the superintendent or person in charge of the specific work to which the order applies. Such order shall be complied with promptly and referred to the Contractor or its representative. In order to communicate with the Agency, the Contractor's representative, superintendent, or person in charge of specific work shall be able to speak, read, and write the English language. 7-7 COOPERATION AND COLLATERAL WORK. The Contractor shall be responsible for ascertaining the nature and extent of any simultaneous, collateral, and essential work by others. The Agency, its workers and contractors and others, shall have the right to operate within or adjacent to the Work site during the performance of such work. The Agency, the Contractor, and each of such workers, contractors and others, shall coordinate their operations and cooperate to minimize interference. The Contractor shall include in its Bid all costs involved as a result of coordinating its work with others. the Contractor will not be entitled to additional compensation from the Agency for damages resulting from such simultaneous, collateral, and essential work. If necessary to avoid or minimize such damage or delay, the Contractor shall redeploy its work force to other parts of the Work. Should the Contractor be delayed by the Agency, and such delay could not have been reasonably foreseen or prevented by the Contractor, the Engineer will determine the extent of the delay, the effect on the project, and any extension of time. 7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility companies during the relocation or construction of their lines. The Contractor may be granted a time extension if, in the opinion of the Engineer, a delay is caused by the utility company. No additional compensation will be made to the Contractor for any such delay. 7-8 PROJECT SITE MAINTENANCE. 7-8.1 Cleanup and Dust Control. Throughout all phases of construction, including suspension of work, and until the final acceptance, the Contractor shall keep the site clean and free from rubbish and debris. The Contractor shall also abate dust nuisance by cleaning, sweeping and l~ •,; Revised 7/19/17 Contract No. 6606-17 Page 46 of 138 Pages sprinkling with water, or other means as necessary. The use of water resulting in mud on public streets will not be permitted as a substitute for sweeping or other methods. When required by the Plans or Specifications, the Contractor shall furnish and operate a self- loading motor sweeper with spray nozzles at least once each working day for the purpose of keeping paved areas acceptably clean wherever construction, including restoration, is incomplete. Materials and equipment shall be removed from the site as soon as they are no longer necessary. Before the final inspection, the site shall be cleared of equipment, unused materials, and rubbish so as to present a satisfactory clean and neat appearance. All cleanup costs shall be included in the Contractor's Bid. Care shall be taken to prevent spillage on haul routes. Any such spillage shall be removed immediately and the area cleaned. Excess excavation material from catch basins or similar structures shall be removed from the site immediately. Sufficient material may remain for use as backfill if permitted by the Specifications. Forms and form lumber shall be removed from the site as soon as practicable after stripping. Failure of the Contractor to comply with the Engineer's cleanup orders may result in an order to suspend work until the condition is corrected. No additional compensation will be allowed as a result of such suspension. Cleanup and dust control required herein shall also be executed on weekends and other non-working days when needed to preserve the health safety or welfare of the public. The Contractor shall conduct effective cleanup and dust control throughout the duration of the Contract. The Engineer may require increased levels of cleanup and dust control that, in his/her sole discretion, are necessary to preserve the health, safety and welfare of the public. Cleanup and dust control shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. 7-8.2 Air Pollution Control. The Contractor shall not discharge smoke, dust, or any other air contaminants into the atmosphere in such quantity as will violate the regulations of any legally constituted authority. 7-8.3 Vermin Control. At the time of acceptance, structures entirely constructed under the Contract shall be free of rodents, insects, vermin, and pests. Necessary extermination work shall be arranged and paid for by the Contractor as part of the Work within the Contract time, and shall be performed by a licensed exterminator in accordance with requirements of governing authorities. The Contractor shall be liable for injury to persons or property and responsible for the elimination of offensive odors resulting from extermination operations. 7-8.4 Sanitation. The Contractor shall provide and maintain enclosed toilets for the use of employees engaged in the Work. These accommodations shall be maintained in a neat and sanitary condition. They shall also comply with all applicable laws, ordinances, and regulations pertaining to public health and sanitation of dwellings and camps. Wastewater shall not be interrupted. Should the Contractor disrupt existing sewer facilities, sewage shall be conveyed in closed conduits and disposed of in a sanitary sewer system. Sewage shall not be permitted to flow in trenches or be covered by backfill. l" •+; Revised 7/19/17 Contract No. 6606-17 Page 47 of 138 Pages 7-8.5 Temporary Light, Power, and Water. The Contractor shall furnish, install, maintain, and remove all temporary light, power, and water at its own expense. These include piping, wiring, lamps, and other equipment necessary for the Work. The Contractor shall not draw water from any fire hydrant (except to extinguish a fire), without obtaining permission from the water agency concerned. The Contractor shall obtain a construction meter for water used for the construction, plant establishment, maintenance, cleanup, testing and all other work requiring water related to this contract. The Contractor shall contact the appropriate water agency for requirements. The Contractor shall pay all costs of temporary light, power and water including hookup, service, meter and any, and all, other charges, deposits and/or fees therefore. Said costs shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. 7-8.6 Water Pollution Control. The Contractor shall exercise every reasonable precaution to protect channels, storm drains, and bodies of water from pollution. It shall conduct and schedule operations so as to minimize or avoid muddying and silting of said channels, drains, and waters. Water pollution control work shall consist of constructing those facilities which may be required to provide prevention, control, and abatement of water pollution. The Contractor shall comply with the California State Water Resources Control Board (SWRCB) Order Number 99-08-DWQ, National Pollutant Discharge Elimination System (NPDES) General Permit Number CAS000002, Waste Discharge Requirements (WDR's) for Discharges of Stormwater Runoff associated with Construction Activity (General Permit) and subsequent adopted modifications and with all requirements of the Storm Water Pollution Prevention and Monitoring Plans for this project in accordance with these regulations. 7-8.7 Drainage Control. The Contractor shall maintain drainage within and through the work areas. Earth dams will not be permitted in paved areas. Temporary dams of sandbags, asphaltic concrete, or other acceptable material will be permitted when necessary. Such dams shall be removed from the site as soon as their use is no longer necessary. 7-8.8 Noise Control. All internal combustion engines used in the construction shall be equipped with mufflers in good repair when in use on the project with special attention to the City Noise Control Ordinance, Carlsbad Municipal Code Chapter 8.48. 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS. The Contractor shall be responsible for the protection of public and private property adjacent to the Work and shall exercise due caution to avoid damage to such property. The Contractor shall repair or replace all existing improvements within the right-of-way which are not designated for removal (e.g., curbs, sidewalks, driveways, fences, walls, signs, utility installations, pavement, structures, etc.) which are damaged or removed as a result of its operations. When a portion of a sprinkler system within the right-of-way must be removed, the remaining lines shall be capped. Repairs and replacements shall be at least equal to existing improvements and shall match them in finish and dimension. Maintenance of street and traffic signal systems that are damaged, temporarily removed or relocated shall be done in conformance with 307-1.5. l' • ., Revised 7/19/17 Contract No. 6606-17 Page 48 of 138 Pages Trees, lawns, and shrubbery that are not to be removed shall be protected from damage or injury. If damaged or removed due to Contractor's operations, they shall be restored or replaced in as nearly the original condition and location as is reasonably possible. Lawns shall be reseeded and covered with suitable mulch. The Contractor shall give reasonable notice to occupants or owners of adjacent property to permit them to salvage or relocate plants, trees, fences, sprinklers, and other improvements, within the right-of-way which are designated for removal and would be destroyed because of the Work. All costs to the Contractor for protecting, removing, and restoring existing improvements shall be included in the Bid. 7-10 PUBLIC CONVENIENCE AND SAFETY. 7-10.1 Traffic and Access. The Contractor's operations shall cause no unnecessary inconvenience. The access rights of the public shall be considered at all times. Unless otherwise authorized, traffic shall be permitted to pass through the Work, or an approved detour shall be provided. Safe and adequate pedestrian and vehicular access shall be proyided 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 otherwise 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 otherwise approved by the Engineer. Vehicular access to residential driveways shall be maintained to the property line except when necessary construction precludes such access for reasonable periods of time. If backfill has been completed to the extent that safe access may be provided, and the street is opened to local traffic, the Contractor shall immediately clear the street and driveways and provide and maintain access. The Contractor shall cooperate with the various parties involved in the delivery of mail and the collection and removal of trash and garbage to maintain existing schedules for these services. Grading operations, roadway excavation and fill construction shall be conducted by the Contractor in a manner to provide a reasonably satisfactory surface for traffic. When rough grading is completed, the roadbed surface shall be brought to a smooth, even condition satisfactory for traffic. Unless otherwise authorized, work shall be performed in only one-half the roadway at one time. One half shall be kept open and unobstructed until the opposite side is ready for use. If one-half a street only is being improved, the other half shall be conditioned and maintained as a detour. The Contractor shall schedule the work so as to prevent damage by all traffic, including but not limited to mail delivery. The Contractor shall not schedule work so as to conflict with trash pickup. The trash hauling schedule can be obtained by calling the City's contracted waste disposal company, Coast Waste Management at 760-929-9417. l~ •+;' Revised 7/19/17 Contract No. 6606-17 Page 49 of 138 Pages During overlay operations, the Contractors schedule for overlay 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. Public Notification of Work: 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 additional information. One number shall be the Contractor's permanent office or field office and the other number shall be a 24-hour number answered by someone who is knowledgeable about the project. At least one of the phone numbers shall be in the (760) area code. An answering machine shall not be connected to either number. The notification shall also give a brief description of the work and simple instructions to the home or business owner on what they need to do to facilitate the construction. The Contractor shall submit the contents of the notification to the Engineer for approval. Notices shall not be distributed until approved by the Engineer. For residences, the notification shall be pre-cut in a manner that enables it to be affixed to a doorknob without adhesives. It shall be a minimum size of 3-1/2 inches by 8-1/2 inches and shall be brightly colored with contrasting printing. The material shall be equivalent in strength and durability to 65 lb. card stock. The printing on the notice shall be no smaller than 12 point. An example of such notice is provided in Appendix "A". In addition to the notifications, the contractor shall post no parking signs 72 hours in advance of the work being performed. The no parking signs shall state the date and time of parking restriction for a duration not to exceed the time necessary to complete the work at that location. Failure of the 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 notices. The Contractor shall replace all street markings and striping damaged by construction activities. The Contractor shall include in its Bid all costs for the above requirements. 7-10.2 Storage of Equipment and Materials in Public Streets. Construction materials shall not be stored in streets, roads, or highways for more than 5 days after unloading. All materials or equipment not installed or used in construction within 5 days after unloading shall be stored elsewhere by the Contractor at its expense unless authorized additional storage time. ,.~ •+;' Revised 7/19/17 Contract No. 6606-17 Page 50 of 138 Pages Construction equipment shall not be stored at the Work site before its actual use on the Work nor for more than 5 days after it is no longer needed. Time necessary for repair or assembly of equipment may be authorized by the Engineer. Excavated material, except that which is to be used as backfill in the adjacent trench, shall not be stored in public streets unless otherwise permitted. After placing backfill, all excess material shall be removed immediately from the site. 7-10.3 Street Closures, Detours, Barricades. The Contractor shall comply with all applicable State, County, and City requirements for closure of streets. The Contractor shall provide barriers, guards, lights, signs, temporary bridges, flagpersons, and watchpersons. The Contractor shall be responsible for compliance with additional public safety requirements which may arise. The Contractor shall furnish and install signs and warning devices and promptly remove them upon completion of the Work. After obtaining the Engineers approval and at least 5 working days before closing, detouring, partially closing or reopening any street, alley or other public thoroughfare the Contractor shall notify the following: 1) The Engineer. ................................................................................ . 2) Carlsbad Fire Department Dispatch .............................................. . 3) Carlsbad Police Department Dispatch ........................................... . 4) Carlsbad Traffic Signals Maintenance (extension 2937) ................ . 5) Carlsbad Traffic Signals Operations .............................................. . 6) North County Transit District. ......................................................... . 7) Waste Management ...................................................................... . (760) 602-2720 (760) 931-2197 (760) 931-2197 (760) 438-2980 (760) 602-2752 (760) 967-2828 (760) 929-9400 The Contractor shall comply with their requirements. The Contractor shall obtain the Engineer's written approval prior to deviating from the requirements of 2) through, and including, 7) above. The Contractor shall obtain the written approval no less than five working days prior to placing any traffic control that affects bus stops. The Contractor shall secure approval, in advance, from authorities concerned for the use of any bridges proposed by it for public use. Temporary bridges shall be clearly posted as to load limit, with signs and posting conforming to current requirements covering "signs" as set forth in the Traffic Manual published by the California Department of Transportation. This manual shall also apply to the street closures, barricades, detours, lights, and other safety devices required. All costs involved shall be included in the Bid. Traffic controls shall be in accordance with the plans, The California Manual on Uniform Traffic Control Devices (FHWA MUTCD 2003 Revision 1, as amended for use in California) and these provisions. If any component in the traffic control system is damaged, displaced, or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair said component to its original condition or replace said component and shall restore the component to its original location. In the event that the Contractor fails to install and/or maintain barricades or such other traffic signs, markings, delineation or devices as may be required herein, the Engineer may, at his/her sole option, install the traffic signs, markings, delineation or devices and charge the Contractor twenty dollars ($25.00) per day per traffic sign or device, or the actual cost of providing such traffic control facility, whichever is the greater. 7-10.3.1 Construction Area Signs and Control Devices. All construction traffic signs and l' •ff Revised 7/19/17 Contract No. 6606-17 Page 51 of 138 Pages control devices shall be maintained throughout the duration of work in good order and according to the approved traffic control plan. All construction area signs shall conform to the provisions of Section 206-7.2 et seq. All temporary reflective pavement markers shall conform to the provisions of Section 214-5.1.et seq. All temporary reflective channelizers shall conform to the provisions of Section 214-5.2 et seq. All paint for temporary traffic striping, pavement marking, and curb marking shall conform to the provisions of Section 210-1.6 et seq. except that all temporary paint shall be rapid dry water borne conforming to Section 210-1.6 for materials and Section 310-5 et seq. For workmanship. Warning and advisory signs, lights and devices installed or placed to provide traffic control, direction and/or warning shall be furnished, installed and maintained by the Contractor. Warning and advisory signs, lights and devices shall be promptly removed by the Contractor when no longer required. Warning and advisory signs that remain in place overnight shall be stationary mounted signs. Stationary signs that warn of non-existent conditions shall be removed from the traveled way and from the view of motorists in the traveled way or shielded from the view of the traveling public during such periods that their message does not pertain to existing conditions. Care shall be used in performing excavation for signs in order to protect underground facilities. All excavation required to install stationary construction area signs shall be performed by hand methods without the use of power equipment. Warning and advisory signs that are used only during working hours may be portable signs. Portable signs shall be removed from the traveled way and shielded from the view of the traveling public during non-working hours. During the hours of darkness, as defined in Division 1, Section 280, of the California Vehicle Code, portable signs shall be illuminated or, at the option of the Contractor, shall be in conformance with the provisions in Section 206-7.2 et seq. If illuminated traffic cones rather than post-type delineators are used during the hours of darkness, they shall be affixed or covered with reflective cone sleeves as specified in CALTRANS "Standard Specifications", except the sleeves shall be 7" long. Personal vehicles of the Contractor's employees shall not be parked within the traveled way, including any Section closed to public traffic. Whenever the Contractor's vehicles or equipment are parked on the shoulder within 6' of a traffic lane, the shoulder area shall be 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 maintain a safe buffer distance from any traffic lane occupied by traffic. The Contractor's equipment shall maintain a safe distance from any traffic or pedestrians. During the entire construction, a minimum of one (1) paved traffic lanes, not less than 12' wide, shall be open for use by public traffic in each direction of travel. 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 l' • ., Revised 7 /19/17 Contract No. 6606-17 Page 52 of 138 Pages 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 California Manual on Uniform Traffic Control Devices (FHWA MUTCD 2012 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 delineation 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 delineation 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 existing pavement delineation or other temporary pavement delineation. Temporary pavement delineation shall be maintained until superseded or replaced with permanent pavement delineation. Temporary pavement delineation shall be removed when, as determined by the Engineer, the temporary pavement delineation conflicts with the permanent pavement delineation or with a new traffic pattern for the area and is no longer required for the direction of public traffic. When temporary pavement delineation is required to be removed, all lines and marks used to establish the alignment of the temporary pavement delineation shall be removed. 7-10.3.6 Preparation of New, or Modifications and Additions to Existing, Traffic Control Plan Sheets. If no traffic control plans (TCP) or Traffic Control Staging plans (TCP) are included in the project plans, or if the Contractor elects to modify TCP included in the project plans, the Contractor shall have such new or modified TCP prepared and submitted as a part of the Work for any and all construction activities that are located within the traveled way. The Contractor shall have TCP prepared and submitted as a part of the Work for any construction activities that are a part of this project that are not included in the project plans. The Contractor must submit the TCP for the Engineer's review in conformance with the requirements of Section 2-5.3, et seq. and obtain the Engineer's approval of the TCP prior to implementing them. The minimum 20-day review period specified in Section 2-5.3.1 for shop drawings and submittals shall pertain to each submittal of TCP, new, modified or added to, for the Engineer's review. New or revised TCP submittals shall include all TCP needed for the entire duration of the Work. Each phase of the TCP shall be shown in sufficient scale and detail to show the lane widths, transition lengths, curve radii, stationing of features affecting the traffic control plan and the methodology proposed to transition to the subsequent TCP phase. When the vertical alignment of the traveled surface differs from the finished pavement elevation vertical curves must also be shown. 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 2012 l~ •+; Revised 7 /19/17 Contract No. 6606-17 Page 53 of 138 Pages 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 until the changed TCP are approved by the Engineer. The preparation of such modification, addition, supplement, and/or new designs of TCP shall not presuppose their approval or obligate the Agency in any fashion. Submittal and review requirements for such modifications, supplements, and/or new designs to TCP shall conform to the requirements of Section 2-5.3 Shop Drawings and Submittals. 7-10.3. 7 Payment The Contractor shall provide traffic control at the contract lump sum price bid. The contract lump sum price paid for "traffic control" shall include full compensation for furnishing all labor (including flagging costs), materials (including signs), tools, equipment and incidentals, and for doing all the work involved in preparation, reproduction and changing of traffic control plans, placing, applying traffic stripes and pavement markers with bituminous adhesive, removing, storing, maintaining, moving to new locations, replacing, and disposing of the components of the traffic control system as shown on the plans and approved additions and modifications, as specified in these supplemental provisions, and as directed by the Engineer. All expenses and time to prepare and review modifications, additions, supplements and/or new TCP designs shall be included in the lump sum bid for traffic control and no additional payment will be made therefore. Flagging costs will be paid for as a part of the Lump Sum Amount for "Traffic Control." The cost of labor and material for portable concrete barriers will be paid for at the unit price bid. When there is no bid item the cost of labor and material for portable concrete barriers they will be paid as an incidental to the work being performed and no additional payment will be made therefore. Progress payments for "Traffic Control" will be based on the percentage of the improvement work completed. 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. {~ •+r Revised 7/19/17 Contract No. 6606-17 Page 54 of 138 Pages Payment for performing all work necessary to provide safety measures shall be included in the prices bid for other items of work except where separate bid items for excavation safety are provided, or required by law. 7-10.4.2 Use of Explosives. Explosives may be used only when authorized in writing by the Engineer, or as otherwise stated in the Specifications. Explosives shall be handled, used, and stored in accordance with all applicable regulations. The Engineer's approval of the use of explosives shall not relieve the Contractor from liability for claims caused by blasting operations. 7-10.4.3 Special Hazardous Substances and Processes. Materials that contain hazardous substances or mixtures may be required on the Work. A Material Safety Data Sheet as described in Section 5194 of the California Code of Regulations shall be requested by the Contractor from the manufacturer of any hazardous products used. Material usage shall be accomplished with strict adherence to California Division of Industrial Safety requirements and all manufacturer warnings and application instructions listed on the Material Safety Data Sheet and on the product container label. The Contractor shall notify the Engineer if a specified product cannot be used under safe conditions. 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, Title 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 testing of the space 6. Ventilation of the space 7. Special hazards consideration 8. Personal protective equipment 9. Rescue plan provisions The Contractor's submittal shall include the names of its personnel, including subcontractor personnel, assigned to the project who will have CSEP responsibilities, their CSEP training, and their specific assignment and responsibility in carrying out the CSEP. (b) Permit-Required Confined Spaces. Entry into permit-required confined spaces as defined in 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 otherwise. The Contractor l~ •+' Revised 7 /19/17 Contract No. 6606-17 Page 55 of 138 Pages shall implement a permit space program prior to performing any work in a permit-required confined space. A copy of the permit shall be available at all times for review by Contractor and Agency personnel at the Work site. (c) Payment. Payment for implementing, administering, and providing all equipment and personnel to perform the CSEP shall be included in the bid items for which the CSEP is required. 7-10.4.5 Safety and Protection of Workers and Public. The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the work is being performed. The Contractor shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and public, and shall use danger signs warning against hazards created by such features of construction as protruding nails, hoists, well holes, and falling materials. 7-11 PATENT FEES OR ROYALTIES. The Contractor shall absorb in its Bid the patent fees or royalties on any patented article or process furnished or used in the Work. The Contractor shall indemnify and hold the Agency harmless from any legal action that may be brought for infringement of patents. 7-12 ADVERTISING. The names, addresses and specialties of Contractors, Subcontractors, architects, or engineers may be displayed on removable signs. The size and location shall be subject to the Engineer's approval. Commercial advertising matter shall not be attached to or painted on the surfaces of buildings, fences, canopies, or barricades. 7-13 LAWS TO BE OBSERVED. The Contractor shall keep fully informed of State and National laws and County and Municipal ordinances and regulations which in any manner affect those employed in the Work or the materials used in the Work or in any way affect the conduct of the Work. The Contractor shall at all times observe and comply with such laws, ordinances, and regulations. Municipal ordinances that affect this work include Chapter 11.06. Excavation and Grading. If this notice specifies locations or possible materials, such as borrow pits or gravel beds, for use in the proposed construction project which would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the conditions established pursuant to Section 1601 et seq. of the Fish and Game Code shall become conditions of the contract. 7-14 ANTITRUST CLAIMS. Section 7103.5 of the Public Contract Code provides: "In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec 15) or Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or subcontract. The assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment of the parties." l' •,r Revised 7/19/17 Contract No. 6606-17 Page 56 of 138 Pages 7-15 AIR EMISSIONS MONITORING PLAN Submit a public safety plan for methacrylate crack treatment that includes: 1. Public notification letter with a list of delivery and posting addresses. The letter must describe the work to be performed and state the treatment work locations, dates, and times. Deliver the letter to residences and businesses within 100 feet of overlay work and to local fire and police officials not less than 7 days before starting overlay activities. Post the letter at the job site. Public notification letters shall be provided to the engineer and approved by the City prior to delivering to residents. 2. Airborne emissions monitoring plan. A CIH certified in comprehensive practice by the American Board of Industrial Hygiene must prepare and execute the plan. The plan must have at least 4 monitoring points including the mixing point, application point, and point of nearest public contact. Monitor airborne emissions during overlay activities. 3. Action plan for protecting the public if levels of airborne emissions exceed permissible levels. 4. Copy of the Cl H's certification. Submit results from airborne emissions monitoring of the test area before starting production work. The completed test area must demonstrate suitability of the airborne emissions monitoring plan. Deliver the public notification letter to residences and businesses within 100 feet of treatment work and to local fire and police officials at least 7 days before starting treatment activities. Post the letter at the job site. Monitor airborne emissions during treatment activities. After completing methacrylate crack treatment activities, submit results from monitoring production airborne emissions as an informational submittal. 7-17 RAILROAD RELATIONS The contractor must cooperate with the North County Transit District (NCTD or "Railroad") where work is over or under the tracks, or within or immediately adjacent to the limits of Railroad property, in order to complete all work within the vicinity of the Railroad tracks and to avoid interference with the operations of Railroad equipment. The contractor's employees must have completed Roadway Worker Protection training prior to entering NCTD Right of Way, and be in possession of a valid Roadway Worker Protection certificate for the duration of work within NCTD Right of Way. The contractor must obtain a separate North County Transit District (NCTD) Right of Entry Permit. This process will include preparation and submittal of NCTD's Property Access Request - Submittal Form, which must be accompanied by the signed/sealed engineering drawings for the work to be performed, a storm water erosion control plan, and a site specific NCTD Work Plan. See NCTD's website at GoNCTD.com/Working-Around-the-Rails for NCTD requirements. The contractor must comply with the rules and regulations of the Railroad or the instructions of its representatives in relation to the proper manner of protecting the tracks and property of the Railroad and the traffic moving on such tracks, as well as the wires, signals and other property of the Railroad, its tenants or licensees, at and in the vicinity of the work during the period of construction. Protective covers must comply with Sections 2-5.3.1 and 303-1.6.1 of the Standard l' • ., Revised 7/19/17 Contract No. 6606-17 Page 57 of 138 Pages Specifications and these Special Provisions, and the rules and regulations of the Railroad or the instructions of its representatives. The contractor must notify NCTD prior to beginning excavation within NCTD Right-of-Way (ROW) to allow NCTD to identify and locate all NCTD owned or operated utilities in the vicinity of proposed excavations inside NCTD Right-of-Way. The contractor must perform your work in such manner and at such times as to not endanger or interfere with the safe operations of the tracks and property of the Railroad and the traffic moving on such tracks, as well as the wires, signals and other property of the Railroad, its tenants or licensees, at and in the vicinity of the work. The contractor must give the advance notice to the Railroad that is required in the Terms and Conditions on the Contractor's Right of Entry Permit before commencing any work on Railroad property. The contractor is responsible for the cost of Railroad required flagging or other special protective or safety measures. Please send flagging requests to Ralph Godinez at 760-975-9692 or ralph.qodinez@rail.bombardier.com. All flagging requests must be submitted to NCTD and their contractor Bombardier Transportation a minimum of twenty-one (21) days in advance of the planned construction. A flagman is required when any work is performed within Railroad property, including work performed on the North or South edge of the Poinsettia Overhead structure, whether at bridge level or track level. If the Railroad provides flagging or other services, you are not relieved of any responsibilities or liabilities as set forth in any document authorizing the work. The Railroad Flagman/Employee-in-Charge may order work to stop and require that all personnel must clear the area and secure all equipment when trains are oncoming or present. Stop work orders are at the discretion of the Railroad Flagman/Employee-in-Charge. The contractor must pay Bombardier directly for all flagging costs. The rate of pay of Railroad flagmen is estimated to be between $600 and $800 per day for an 8-hour day, per Flagmen. These costs are subject to change. The contractor must coordinate with Bombardier and the assigned Employee in Charge (EiC) to determine the number of flagmen required for the various construction operations. The determination of the anticipated cost of Railroad flagging to be used as a basis for the submitting of bids is the contractor's responsibility. It is the contractor's sole responsibility to determine anticipated costs of the "Railroad Relations" bid item, including al flagging, permits, insurance, training, protective covers and other requirements. The time-of-completion for the project is 60 working days. Once a Railroad Flagman is on site, he/she generally remains on site, whether he/she is needed or not, until the Contractor tells him/her that he/she is no longer needed for the job. Flaggers will generally not work part time or intermittently. Appendix A shows the agreement between the City and NCTD. The Contractor must pay all costs associated with working in NCTD's ROW and/or referenced in the City's agreement "to be paid by the City to the Railroad" and these must be reflected in the contract lump sum price for the "Railroad Relations" bid item. You must assume that there will be a $20,000 "Inspection" fee and a $1,000 "Administrative Handling" fee charged by NCTD as part of the bid item for "Railroad Relations". In addition, you must be aware that NCTD may also charge for travel, attendance at Preconstruction Meetings, etc. All of the costs to be paid to NCTD must be included in the "Railroad Relations" bid item. l~ •+;" Revised 7 /19/17 Contract No. 6606-17 Page 58 of 138 Pages Working drawings showing details of construction affecting the Railroad tracks and property not included in the contract plans, to include but not be limited to shoring, falsework and protective covers, must be submitted to NCTD for approval before such work is undertaken. The structural calculations and preparation of plans and specifications for falsework and protective covers must be prepared by a Professional Engineer Registered in California. The contractor is solely responsible for the design, construction and performance of any temporary structures. When making a submittal to NCTD ensure that the following information is in the email subject or the plan will be rejected: Project Type, %Plans, Milepost. After completing the work covered by this contract on the premises or over or beneath the tracks of the Railroad, promptly remove from the premises of the Railroad all of your tools, implements and other materials, whether brought by you of any Subcontractor, employee or agent of yours or of any Subcontractor, and leave the premises in a clean and presentable condition. SECTION 8 -FACILITIES FOR AGENCY PERSONNEL 8-1 GENERAL. Facilities are not required for agency personnel. SECTION 9 -MEASUREMENT AND PAYMENT 9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK. 9-1.1 General. Unless otherwise specified, quantities of work shall be determined from measurements or dimensions in horizontal planes. However, linear quantities of pipe, piling, fencing and timber shall be considered as being the true length measured along longitudinal axis. Unless otherwise provided in Specifications, volumetric quantities shall be the product of the mean area of vertical or horizontal sections and the intervening horizontal or vertical dimension. The 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. l' • ., Revised 7 /19/17 Contract No. 6606-17 Page 59 of 138 Pages 9-2 LUMP SUM WORK. Items for which quantities are indicated "Lump Sum", "L.S.", or "Job", shall be paid for at the price indicated in the Bid. Such payment shall be full compensation for the items of work and all work appurtenant thereto. When required by the Specifications or requested by the Engineer, the Contractor shall submit to the Engineer within 15 days after award of Contract, a detailed schedule in triplicate, to be used only as a basis for determining progress payments on a lump sum contract or designated lump sum bid item. This schedule shall equal the lump sum bid and shall be in such form and sufficiently detailed as to satisfy the Engineer that it correctly represents a reasonable apportionment of the lump sum. 9-3PAYMENT 9-3.1 General. The quantities listed in the Bid schedule will not govern final payment. Payment to the Contractor will be made only for actual quantities of Contract items constructed in accordance with the Plans and Specifications. Upon completion of construction, if the actual quantities show either an increase or decrease from the quantities given in the Bid schedule, the Contract Unit Prices will prevail subject to the provisions of Section 3-2.2.1. The unit and lump sum prices to be paid shall be full compensation for the items of work and all appurtenant work, including furnishing all materials, labor, equipment, tools, and incidentals. Payment will not be made for materials wasted or disposed of in a manner not called for under the Contract. This includes rejected material not unloaded from vehicles, material rejected after it has been placed, and material placed outside of the Plan lines. No compensation will be allowed for disposing of rejected or excess material. Payment for work performed or materials furnished under an Assessment Act Contract will be made as provided in particular proceedings or legislative act under which such contract was awarded. Whenever any portion of the Work is performed by the Agency at the Contractor's request, the cost thereof shall be charged against the Contractor, and may be deducted from any amount due or becoming due from the Agency. Whenever immediate action is required to prevent injury, death, or property damage, and precautions which are the Contractor's responsibility have not been taken and are not reasonably expected to be taken, the Agency may, after reasonable attempt to notify the Contractor, cause such precautions to be taken and shall charge the cost thereof against the Contractor, or may deduct such cost from any amount due or becoming due from the Agency. Agency action or inaction under such circumstances shall not be construed as relieving the Contractor or its Surety from liability. Payment shall not relieve the Contractor from its obligations under the Contract; nor shall such payment be construed to be acceptance of any of the Work. Payment shall not be construed as the transfer of ownership of any equipment or materials to the Agency. Responsibility of ownership shall remain with the Contractor who shall be obligated to store any fully or partially completed work or structure for which payment has been made; or replace any materials or equipment required to be provided under the Contract which may be damaged, lost, stolen or l~ •+; Revised 7/19/17 Contract No. 6606-17 Page 60 of 138 Pages otherwise degraded in any way prior to acceptance of the Work, except as provided in Section 6- 10. Guarantee periods shall not be affected by any payment but shall commence on the date of recordation of the "Notice of Completion." If, within the time fixed by law, a properly executed notice to stop payment is filed with the Agency, due to the Contractor's failure to pay for labor or materials used in the Work, all money due for such labor or materials will be withheld from payment to the Contractor in accordance with applicable laws. At the expiration of 35 days from the date of acceptance of the Work by the Board, or as prescribed by law, the amount deducted from the final estimate and retained by the Agency will be paid to the Contractor except such amounts as are required by law to be withheld by properly executed and filed notices to stop payment, or as may be authorized by the Contract to be further retained. 9-3.2 Partial and Final Payment. The Engineer will, after award of Contract, establish a closure date for the purpose of making monthly progress payments. The Contractor may request in writing that such monthly closure date be changed. The Engineer may approve such request when it is compatible with the Agency's payment procedure. Each month, the Engineer will make an approximate measurement of the work performed to the closure date as basis for making monthly progress payments. The estimated value will be based on contract unit prices, completed change order work and as provided for in Section 9-2 of these General Provisions. Progress payments shall be made no later than thirty (30) calendar days after the closure date. Five (5) working days following the closure date, the Engineer shall complete the detailed progress pay estimate and submit it to the Contractor for the Contractor's information. Should the Contractor assert that additional payment is due, the Contractor shall within ten (10) days of receipt of the progress estimate, submit a supplemental payment request to the Engineer with adequate justification supporting the amount of supplemental payment request. Upon receipt of the supplemental payment request, the Engineer shall, as soon as practicable after receipt, determine whether the supplemental payment request is a proper payment request. If the Engineer determines that the supplemental payment request is not proper, then the request shall be returned to the Contractor as soon as practicable, but not later than seven (7) days after receipt. The returned request shall be accompanied by a document setting forth in writing the reasons why the supplemental payment request was not proper. In conformance with Public Contract Code Section 20104.50, the City shall make payments within thirty (30) days after receipt of an undisputed and properly submitted supplemental payment request from the Contractor. If payment of the undisputed supplemental payment request is not made within thirty (30) days after receipt by the Engineer, then the City shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure. From each progress estimate, 10 percent will be deducted and retained by the Agency, and the remainder less the amount of all previous payments will be paid. After 50 percent of the Work has been completed and if progress on the Work is satisfactory, the deduction to be made from remaining progress estimates and from the final estimate may be limited to $500 or 10 percent of the first half of total Contract amount, whichever is greater. No progress payment made to the Contractor or its sureties will constitute a waiver of the liquidated damages under 6-9. l~ •+; Revised 7/19/17 Contract No. 6606-17 Page 61 of 138 Pages As provided in Section 22300 of the California Public Contract Code, the Contractor may substitute securities for any monies withheld by the Agency to ensure performance under the Contract. After final inspection, the Engineer will make a Final Payment Estimate and process a corresponding payment. This estimate will be in writing and shall be for the total amount owed the Contractor as determined by the Engineer and shall be itemized by the contract bid item and change order item with quantities and payment amounts and shall show all deductions made or to be made for prior payments and amounts to be deducted under provisions of the contract. All prior estimates and progress payments shall be subject to correction in the Final Payment Estimate. The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make written statement disputing any bid item or change order item quantity or payment amount. The Contractor shall provide all documentation at the time of submitting the statement supporting its position. Should the Contractor fail to submit the statement and supporting documentation within the time specified, the Contractor acknowledges that full and final payment has been made for all contract bid items and change order items. If the Contractor submits a written statement with documentation in the aforementioned time, the Engineer will review the disputed item within 30 calendar days and make any appropriate adjustments on the Final Payment. Remaining disputed quantities or amounts not approved by the Engineer will be subject to resolution as specified in Section 3-5, Disputed Work. The written statement filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said disputed items. The Engineer will consider the merits of the Contractor's claims. It will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying payment for the disputed items. 9-3.2.1 Payment for Claims. Except for those final payment items disputed in the written statement required in Section 9-3.2 all claims of any dollar amount shall be submitted in a written statement by the Contractor no later than the date of receipt of the final payment estimate. Those final payment items disputed in the written statement required in Section 9-3.2 shall be submitted no later than 30 days after receipt of the Final Payment estimate. No claim will be considered that was not included in this written statement, nor will any claim be allowed for which written notice or protest is required under any provision of this contract including Sections 3-4 Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has complied with notice or protest requirements. The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said claims. The Engineer will consider and determine the Contractor's claims and it will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying the claims. Payment for claims shall be processed within 30 calendar days of their resolution for those claims l' •+;' Revised 7 /19/17 Contract No. 6606-17 Page 62 of 138 Pages approved by the Engineer. The Contractor shall proceed with informal dispute resolution under Section 3-5, Disputed Work, for those claims remaining in dispute. 9-3.3 Delivered Materials. When provided for in the Specifications, and subject to the limitation and conditions therein, the cost of materials and equipment delivered but not incorporated into the Work will be included in the progress estimate. 9-3.3.1 Delivered Materials. The cost of materials and equipment delivered but not incorporated into the work will not be included in the progress estimate. 9-3.4.1 Mobilization and Preparatory Work. Payment for Mobilization and preparatory work will be made at the stipulated lump-sum price of $30,000, and includes full compensation 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 amount bid for Mobilization And Preparatory Work will be allowed. For the second progress payment, an additional sixty percent (60%) of the amount bid for mobilization and preparatory work will be allowed therefore. 9-4 BID ITEMS. Payment for each Bid Item shall be made at the quantity and type as listed in the Contractor's Proposal. All work shown or mentioned on the plans, in the Contract Documents, General Provisions, or Technical Provisions/Specifications shall be considered as included in the Bid Items. Contractor must protect existing utilities, improvements, landscaping, irrigation systems, and vegetation in place. If damaged during the work, Contractor is responsible to repair or replace any utilities, improvements, landscaping, irrigation systems, and vegetation at his expense. Repair Spalled Type 25 Concrete Barrier (Bid Item No. 1) This item consists of removing spalled or unsound portions of the traffic face of the existing Type 25 concrete barrier on the bridge approach, reconstructing the barrier with a vertical traffic face, and placing a 6-inch wide sidewalk addition. The contract prices paid per square foot for repair spalled surface area shall include full compensation for furnishing all labor, materials, including reinforcement, drill & bond dowels, formwork, tools, equipment, and incidentals, and for doing all the work involved in repairing spalled Type 25 concrete barrier, complete in place, including sawcutting and removing concrete and reinforcement, cleaning and preparing remaining concrete and reinforcement surfaces, applying zinc-rich paint to existing reinforcement, furnishing and placing reinforcement, drilling {'\ •+;' Revised 7/19/17 Contract No. 6606-17 Page 63 of 138 Pages and bonding dowels, and furnishing and placing preformed expansion joint material, as specified in the city standards, specifications and contract documents. Repair Spalled Expansion Dam (Bid Item No. 2) This item consists of removing spalled or unsound portions of existing expansion dams and patching spalled or unsound areas with rapid setting concrete. The contract price paid per cubic foot for repair spalled expansion dam shall include full compensation for furnishing all labor, materials, tools, eqtiipment, and incidentals, and for doing all the work involved in repairing spalled expansion dams, including removing unsound concrete, including protection and cleaning of existing reinforcement to remain, cleaning contact surfaces, and constructing rapid setting concrete patches in existing expansion dams, as shown on the plans, as specified in the city standards, specifications and contract documents. Expansion Dam (Bid Item No. 3) This item consists of removing existing asphalt concrete overlay material, installing drill and bond dowels and reinforcement, and placing rapid setting concrete. The contract price paid per cubic foot for expansion dams shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in constructing expansion dams, complete in place, including concrete, sawing and removing the existing concrete, removing portland cement concrete, removing disposing of asphalt concrete, preparing and cleaning contact surfaces, furnishing and placing bar reinforcing steel, placing expansion dams, and disposal of materials as specified in the city standards, specifications and contract documents. Remove Bridge Railing (Bid Item No. 4) This item consists of removing the existing combination sidewalk/barrier and chain link railing where shown. Six existing conduits in the barrier/sidewalk are to be protected in place. The contract price paid per linear foot for removal of bridge railing shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in removing concrete barriers, sidewalks, asphalt concrete and chain link railing, including providing required protective covers, protection and cleaning of existing reinforcement and conduit to remain, as shown on the plans, as specified in the city standards, specifications and contract documents. Chain Link Railing (Type 3) (Bid Item No. 5) This item consists of construction chain link railing, (Type 3) on the new concrete barrier, Type 72SW (Modified) where shown. The contract prices paid per linear foot for chain link railing shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in constructing the chain link railing, complete in place, including reinforcing steel, anchors, hardware, mortar pads and welding, and providing required protective covers as specified in the city standards, specifications and contract documents. Concrete Barrier Type 7325W (Modified) (Bid Item No. 6) This item consists of constructing concrete barrier type 732SW (Modified) where shown. l" •+;' Revised 7/19/17 Contract No. 6606-17 Page 64 of 138 Pages The contract prices paid per linear foot for concrete barrier type 732SW (mod) shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in constructing the concrete barrier, complete in place, including bar reinforcing steel, steel dowels and drilling and bonding dowels in structures, hardware for steel plate barrier, miscellaneous metal, excavation, backfill and disposing of surplus material, providing required protective covers, and for furnishing, placing, removing and disposing of the temporary railing for closing the gap between existing barrier and the concrete barrier being constructed, as specified in the city standards, specifications and contract documents. Temporary Railing (Type K) (Bid Item No. 7) This item consists of furnishing, placing, maintaining and removing temporary railing, Type K as required for traffic control during demolition and construction on the bridge and approaches. The contract prices paid per linear foot for temporary railing (type K) shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in furnishing, placing, moving and removing the temporary railing, complete in place, including anchorage, as required, and connecting hardware, as specified in the city standards, specifications and contract documents. Polyurethane Crack Treatment (Bid Item No. 8) This item consists of preparing the existing crack for sealing and sealing with polyurethane crack treatment. The contract price paid per linear foot for polyurethane crack treatment shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in preparing and sealing the cracks in existing concrete, complete in place, as shown on the plans, as specified in the city standards, specifications and contract documents. Joint Seal (MR= 1/2") (Bid Item No. 9) This item consists of removing existing joint seal materials, cleaning the joint opening and placing polyurethane joint sealant. The contract price paid per linear foot for seal joint shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in constructing joint seals in new and existing concrete pavement, including removal of existing seal and cleaning of the joint groove, complete in place, as specified in the city standards, specifications and contract documents. Joint Seal Cover Plate (Bid Item No. 10) This item consists of furnishing and installing joint seal cover plates where shown on the plans. The contract price paid per linear foot for joint seal cover plate shall include full compensation for furnishing all labor, materials, including concrete expansion anchors, tools, equipment, and incidentals, and for doing all the work involved in constructing and installing new joint seal cover plates in existing concrete, complete in place, as specified in the city standards, specifications and contract documents. Joint Seal (MR = 1 ") (Bid Item No. 11) This item consists of removing existing joint seal materials, cleaning the joint opening and placing polyurethane joint sealant. l' •+;' Revised 7/19/17 Contract No. 6606-17 Page 65 of 138 Pages The contract price paid per linear foot for seal joint shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in constructing joint seals in new and existing concrete pavement, including removal of existing seal and cleaning of the joint groove, complete in place, as specified in the city standards, specifications and contract documents. Helical Anchor/Pile (Bid Item No. 12) This item consists of excavating to expose the base of the existing pilaster, designing and installing helical anchor/pile with underpinning bracket, and raising the existing pilaster to a plumb condition. The contract lump sum price paid for helical anchor/pile shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in installing helical anchor/piles to realign the existing concrete pilaster, including excavation and backfill, underpinning brackets and repairing the existing irrigation system, as shown on the plans, as specified in the city standards, specifications and contract documents. Masonry Block Wall (Bid Item No. 13) This item consists of removing cracked concrete masonry units (CMUs) in the sound wall on top of the Type 25 concrete barrier and replacing with new units. Work requires removal of damaged CMUs, installation of replacement CM Us, removal and resetting of CMU caps, and installation of drill and bond dowels. The contract price paid per square foot for masonry block wall shall include full compensation for furnishing all labor, materials, including reinforcement, grout, mortar and CMUs, tools, equipment, and incidentals, and for doing all the work involved in removal and replacement of damaged portions of masonry block wall, including removing damaged CMUs, resetting CMU caps, drilling and boding dowels, grouting cells and placing new CMUs, as specified in the city standards, specifications and contract documents. Stone Veneer Architectural Treatment (Bid Item No. 14) This item consists of furnishing and installing stone veneer architectural treatment. The contract price paid per square foot for stone veneer architectural treatment shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in stone veneer architectural concrete, complete in place, including cleaning existing surfaces, epoxy adhesive, mortar bedding and bond coat, as specified in the city standards, specifications and contract documents. Replace Concrete Pilaster Cap (Bid Item No. 15) This item consists of removing spalled pilaster cap, forming, placing, and finishing and curing a new concrete pilaster cap. The contract price paid per each for replace concrete pilaster cap shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in replacing concrete pilaster caps, complete in place, including removing existing concrete pilaster cap, placing reinforcement, and forming, placing and finishing new concrete cap, as specified in the city standards, specifications and contract documents. Clean and Prepare Bridge Deck (Bid Item No. 16) l' •+; Revised 7/19/17 Contract No. 6606-17 Page 66 of 138 Pages This item consists of preparing the existing concrete bridge deck for treatment with high molecular weight methacrylate. The contract price paid per square foot for clean and prepare concrete bridge deck surface shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in preparing the concrete bridge deck, approach, stair and landing surfaces for treatment, as specified in the city standards, specifications and contract documents. Furnish Bridge Deck Treatment Material (Bid Item No. 17) This item consists of furnishing the HMWM bridge deck treatment material. The contract price paid per gallon for furnish bridge deck treatment material shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals necessary to furnish the bridge deck treatment material to the site of the work ready for application, as specified in the city standards, specifications and contract documents. Treat Bridge Deck (Bid Item No. 18) This item consists of treating the bridge deck with HMWM bridge deck treatment material. The contract price paid per square foot for treat bridge deck shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in preparing and applying bridge deck HMWM resin treatment, including sand and absorbent material, as specified in the city standards, specifications and contract documents. Air Emissions Monitoring Plan (Bid Item No. 19) This item consists of submitting a public safety plan, including notification letter and airborne emissions monitoring plan, delivering public notification letters to residents and performing airborne emissions monitoring. The contract lump sum price paid for air emissions monitoring plan shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in preparing and implementing an air emissions monitoring plan, as specified in the city standards, specifications and contract documents. Traffic Control and Traffic Control Plan (Bid Item No. 20) This item consists of preparing and implementing a traffic control plan for each site at which work will be performed, as required to complete the items of work shown on the plans and as described in these special provisions. The contract lump sum price paid for traffic control and traffic control plan shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in preparing and implementing a traffic control plan for each site, including all signs for staging construction and other signs as may be required, and for doing all the work involved in traffic control, including public notification, all flagging, signs, striping and all other traffic control devices furnished, installed, maintained, and removed when no longer needed, as specified in the city standards, specifications and contract documents. Items of traffic control for which there is a contract item of work will be measured and paid for as that contract item of work. Railroad Relations (Bid Item No. 21) This item consists of complying with all applicable requirements for working in, adjacent to, or over railroad property, including obtaining required general and railroad protective liability l' •+; Revised 7/19/17 Contract No. 6606-17 Page 67 of 138 Pages insurance (and increased railroad liability insurance as determined by NCTD as part of NCTD's For Construction review based on construction means and methods), securing right of entry permits and required approvals from the railroad, providing required protective covers, and contracting with the railroad for railroad flagging services, as required to complete the items of work shown on the plans and as described in these special provisions. The contract lump sum price paid for railroad relations shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in railroad relations for each site, including obtaining required insurance, securing right of entry permits and required approvals from the railroad, and contracting with the railroad for railroad flagging services, as required, as specified in the city standards, specifications and contract documents. Mobilization (Bid Item No. 22) The contract lump sum price paid for this bid item shall constitute full compensation for the costs of work in advance of and post construction operations that do not directly attribute to any specific bid item. l~ •f' Revised 7/19/17 Contract No. 6606-17 Page 68 of 138 Pages SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 2, CONSTRUCTION MATERIALS SECTION 201 -CONCRETE, MORTAR, AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE Add the following: Concrete for Concrete Barrier Type 25 and Type 732SW (Mod) shall be designated by Special Exposure as follows: 650-CLE-4000P. Concrete for pilaster cap and temporary railing (Type K) shall be Class 520-C-2500. Concrete for expansion dams shall be rapid setting concrete. 201-1.1 Requirements Add the following: 201-1.1. 7 Rapid Setting Concrete Rapid setting concrete shall conform to section 51-1.02C of the State Standard Specifications. You may extend rapid setting concrete using a clean, uniform, and rounded aggregate filler with a moisture content of no more than 0.5 percent. Aggregate gradation must comply with the requirements shown in the followin table: ,----~-----.----------, Sieve size Percenta e 1/2" 100 The amount of aggregate filler must comply with the manufacturer's instructions. Concrete strengths for extended concrete must be at least as specified for magnesium phosphate concrete. Combine components of dual-component magnesium phosphate by mixing only complete units supplied by the manufacturer. Do not add water to dual-component magnesium phosphate. 201-2 REINFORCEMENT FOR CONCRETE 201-2.2 Steel Reinforcement 201-2.2.1 Reinforcing Steel Add the following: Reinforcement for Concrete Barrier Type 25 and Type 732SW (Mod) shall be epoxy coated prefabricated reinforcement in conformance with section 52-2.03 of the State Standard Specifications. Zinc-rich paint for use on existing reinforcement must be from the Caltrans Authorized Material List for organic zinc-rich primer. l" •+;' Revised 7/19/17 Contract No. 6606-17 Page 69 of 138 Pages Bonding materials for drill and bond dowels must conform to section 51-1.02C of the State Standard Specifications. 201-3 EXPANSION JOINT FILLER AND JOINT SEALANTS Add the following: Polyurethane joint sealant shall be Type "A" Sealant (Two-Part Polyurethane Sealant). 201-3.2 Premolded Joint Filler Delete the second paragraph and replace with the following: Unless otherwise directed by the Engineer, premolded joint filler shall be Non-extruding and Resilient Filler (Bituminous) ASTM D1751. Add the following: 201-3.9 Joint Seal (MR= 1/2") and Joint Seal (MR= 1") The sealant shall be a 2-component silicone type that withstands a ±50 percent movement. The sealant shall comply with the requirements shown in the following table: I Quality characteristic I Test method Requirement Modulus at 150 California Test 435 8-75 percent elongation (psi) Recovery (inches, California Test 435 21/32 max) Notch test California Test 435 Notched or loss of bond, 1/4 inch max Water resistance California Test 435 Notched or loss of bond, 1/4 inch max Ultraviolet exposure California Test 435 No more than slight cracking or checking Cone penetration California Test 435 4.5-12.0 (mm) The sealant shall be self-leveling and cure rapidly enough to not flow on grades up to 15 percent. Label sealant containers or provide identification tickets for tanks of 2-component material. Include the following: 1. Material designation 2. Lot number 3. Manufacturer's name and instructions for use 4. Dates of manufacture, packing, and expiration Do not use material that has expired unless it is retested and authorized. Polyethylene foam or rod stock for retaining sealant shall be commercial quality with a continuous, impervious glazed surface. Add the following: 201-3.10 Joint Seal Cover Plate Joint seal cover plates shall be WABO SafetyFlex model SFP-600, as manufactured by Watson Bowman Acme, or approved equal. l' •,;' Revised 7/19/17 Contract No. 6606-17 Page 70 of 138 Pages Concrete expansion anchors shall comply with section 75-3.02C(2), "Mechanical Expansion Anchors", of the State Standard Specifications. Add the following: 201-10 TEMPORARY RAILING (TYPE K) Type K temporary shall conform to section 12-3.20 of the State Standard Specifications. Add the following: 201-11 CLEAN AND PREPARE BRIDGE DECK, FURNISH BRIDGE DECK TREATMENT MATERIALS AND TREAT BRIDGE DECK Steel shot for abrasive blast cleaning of deck shall comply with SSPC-AB 3. Recycled steel shot must comply with SSPC-AB 2. HMWM shall comply with section 60-3.038(2), "Materials", of the State Standard Specifications. SECTION 202 -MASONRY MATERIALS Add the following: 202-4 STONE VENEER ARCHITECTURAL TREATMENT Stone veneer architectural treatment shall be Tuscany Country Rubble veneer, flats and corners, as manufactured by Eldorado Stone, LLC 1370 Grand Ave., Bldg. B San Marcos, CA 92069 Tel: (800) 925-1491 Fax: (760) 736-8890 E-Mail: customerservice@eldoradostone.com Website: www.eldoradostone.com Substitutions: None Allowed. Veneer Unit properties: Precast veneer units consisting of portland cement, lightweight aggregates, and mineral oxide pigments. • Compressive Strength: ASTM C 192 and ASTM C 39, 5 sample average: greater than 1,800 psi (12.4MPa). • Shear Bond: ASTM C 482: 50 psi (345kPa). • Water Absorption: UBC Standard 15-5: Less than 22 percent. • Freeze-Thaw Test: ASTM C 67: Less than 3 percent weight loss and no disintegration. • Thermal Resistance: ASTM C 177: 0.473 at 1.387 inches thick Reinforcing: ASTM C 847, 2.5Ib (1.4 kg/m2) galvanized expanded metal lath with a scratch coat. Fasteners: galvanized concrete nails or screws • Do not exceed 6-inches by 16-inches spacing between fasteners • Fasteners should penetrate the concrete surface by a minimum of 0.75-inches Mortar: • Cement: ASTM C 270 Type N or Type S. {'. •+;' Revised 7/19/17 Contract No. 6606-17 Page 71 of 138 Pages • Lime: ASTM C 207. • Sand: ASTM C 144, natural or manufactured sand. • Color Pigment: ASTM C 979, mineral oxide pigments. • Water: Potable. Bonding Agent: Exterior integral bonding agent meeting ASTM C 932, ASTM C 1059 Type II MORTAR Mixes • Standard Installation (Grouted Joints): o Mix mortar in accordance with Eldorado Stone, LLC mortar preparation instructions for grouted applications. o Add color pigment in grout joint mortar in accordance with pigment manufacturer's instructions. o The color of the stones shall be uniform and match existing architectural treatment. SECTION 205 -PILES Add the following: 205-4 HELICAL ANCHOR/PILES Helical anchor piles consist of a central shaft with one or more helix-shaped bearing plates and a load transfer device (bracket) that allows attachment to structures. The anchor may include a surface coating or other means of corrosion protection. Helical anchors are installed into the ground by application of torque and down pressure ("crowd"), and thereafter resists tension loads through bearing of the helical plates in the soil they are embedded. All steel structure anchor components shall be designed within the limits provided by the American Institute of Steel Construction (AISC) Load & Resistance Factor Design (LRFD). Product testing in accordance with ICC-ES Acceptance Criteria 358 may also be considered as an acceptable means of establishing allowable system capacities. Helical anchors shall be designed to support a factored tension load (Strength I) of 35.0 kips to lift the existing pilaster. The overall length, helix configuration and minimum torsional resistance of a helical anchor shall be determined by the contractor. SECTION 206 -MISCELLANEOUS METAL ITEMS Add the following: 206-7 CHAIN LINK RAILING Chain link railing shall conform to the provisions in Section 83-2.06, "Chain Link Railings," of the State Standard Specifications and these special provisions. ,., •+; Revised 7/19/17 Contract No. 6606-17 Page 72 of 138 Pages SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 3, CONSTRUCTION METHODS SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 303-1 CONCRETE STRUCTURES 303-1. 7 Placing Reinforcement Add the following: 303-1. 7 .5 Drill and Bond Dowels Install drill and bond dowels according to section 51-1.03E(3) of the State Standard Specifications. 303-1.8 Placing Concrete 303-1.8.1 General Add the following: Immediately before placing new concrete, clean surfaces by sweeping and pressure jetting or other authorized means to remove debris. Before placing rapid setting concrete patches, abrasive blast clean the contact surfaces of existing concrete and reinforcing steel. Remove at least 1/8 inch of concrete and all foreign material. The surface temperature of the existing concrete must be at least 40 degrees F during placement of the rapid setting concrete. Contact surfaces to receive magnesium phosphate concrete must be dry. Contact surfaces to receive modified high-alumina concrete or portland-cement-based concrete may be damp but not saturated. Magnesium phosphate concrete must not be mixed in containers or worked with tools containing zinc, cadmium, aluminum, or copper. Modified high-alumina based concrete must not be mixed in containers or worked with tools containing aluminum. Do not retemper concrete. Finishing tools cleaned with water must be thoroughly dried before working concrete. The Engineer may require that you use a flow-controlled modified concrete on slopes greater than 5 percent. 303-1.8. 7 Application of Joint Sealants 303-1.8.7b) Type "A" Seal Delete the second through fourth paragraphs and replace with: The lip of the crack shall be beveled by grinding, as shown on the plans, and the groove shall be thoroughly washed with water under pressure and blown out with high pressure air jets to remove all residue and foreign materials {'\ •+;' Revised 7/19/17 Contract No. 6606-17 Page 73 of 138 Pages Add the following: 303-1.8.7f) Joint Seal (MR= 1/2") and Joint Seal (MR= 1") Do not use sealant or adhesive that has skinned over or cannot be redispersed by hand stirring. Abrasive blast clean joints and remove foreign material with high-pressure air immediately before installing seals. Protect waterstops during cleaning. Joint surfaces must be surface dry when seals are placed. Place the sealant using equipment that mixes and extrudes the sealant into the joint. The equipment and the sealant placement must be as recommended by the sealant manufacturer. Do not use liquid components that have been exposed to air for more than 24 hours. Remove all material from the deck joint to the bottom of the saw cut. Remove foreign material from joints in curbs, sidewalks, barriers, railings, and deck slab overhangs. The Engineer may order the contractor to saw cut grooves at existing joints to be sealed with a Type A joint seal. This work is change order work. If required, saw cut grooves according to section 51-2.02B(3)(b), "Type A Seal Preparation", of the State Standard Specifications. Repair spalls, fractures, or voids in the grooved surface at least 64 hours before installing the joint seal. Bevel the lips of saw cuts by grinding. Add the following: 303-1.8.79) Joint Seal Cover Plate Install joint seal cover plates in accordance with the manufacturer's instructions. 303-1.10 Curing Add the following: Cure modified-high-alumina-based concrete and portland-cement based concrete using the curing compound method. Do not cure magnesium phosphate concrete. 303-4 MASONRY CONSTRUCTION Add the following: 303-4.3 Stone Veneer Architectural Treatment EXAMINATION Examine substrates upon which work will be installed after removal work performed where shown and per the manufacturer's instructions. Remediate any areas that do not meet manufacturer requirements for installation. PREPARATION Protection: Protect adjacent work from contact with mortar. Surface Preparation: • Install reinforcing l~ •+P Revised?/19/17 Contract No. 6606-17 Page 7 4 of 138 Pages o Overlap lath sides a minimum of 1-inches and lath sides a minimum of 2-inches o Metal laths shall be attached with small cups pointing upwards o Verify that the lath is pulled tight before fastening to avoid lath and mortar sag. o The ends of adjoining metal lath shall be staggered o Attach the lath using galvanized concrete nails or screws o Inside and outside corners must have lath double wrapped or continuously wrapped 16-inches around each corner • Apply 0.5-inch thick scratch coat and moisture cure for at least 48 hours. o Apply sufficient pressure to fully embed the lath o The entire lath must be covered with mortar so the lath is not visible o The mortar shall be scored horizontally with a notched trowel or scarifier to create the scratch coat when the mortar has become thumbprint-dry. INSTALLATION Install and clean stone in accordance with manufacturer's installation instructions for Standard Installation (Grouted Joint). • Veneer installation shall terminate 4-inches above earth surface or 2-inches above paved surface. • Veneer installation shall not cover expansion and control joints or other structure joints and shall terminate 1-inch from joint edge. • Do not allow joints to fully harder before tooling. Mortar should be pliable and crumbly, not too wet and not too dry. Eliminate any air pockets when applying mortar. • Mortar joints shall be 0.5-inch wide but no more than 1-inch wide. Joints wider than 0.5- inches cannot exceed more than 1 O percent of total joint lengths. FIELD QUALITY CONTROL Manufacturer's Field Services: Manufacturer's Field Service Representative shall make site visits for installation consultation and inspection as requested by the City. CLEANING Reference General Provisions Section 7 -Responsibilities of the Contractor. Remove protective coverings from adjacent work. Cleaning Veneer Units: • Wash with soft bristle brush and water/granulated detergent solution. • Rinse immediately with clean water. Removing Efflorescence: • Allow veneer to dry thoroughly. • Scrub with soft bristle brush and clean water. • Rinse immediately with clean water; allow to dry l' •;;' Revised 7 /19/17 Contract No. 6606-17 Page 75 of 138 Pages • If efflorescence is still visible, repeat above procedure using a solution of 1 part household vinegar and 5 parts water. • Rinse immediately with clean water. Add the following: 303-9 REMOVE SPALLED OR UNSOUND CONCRETE Remove asphalt concrete surfacing where shown according to section 60-3.02C(3), "Removing Asphalt Concrete Surfacing", of the State Standard Specifications. Remove spalled or unsound portions of existing Type 25 concrete barrier, pilaster caps and expansion dams where shown, and remove concrete barrier type 26 in accordance with section 60.2, Structure Removal, of the State Standard Specifications. Unsound concrete is concrete that emits a dead or hollow sound when chained or tapped with a metal tool. The Engineer determines the soundness of concrete. Equipment and tools that in the Engineer's opinion remove excess quantities of sound concrete are not allowed. For bridges over railroads, in addition to the requirements of section 7-17 Railroad Relations of these special provisions, stop removal activities when trains pass under the bridge. Reinforcing steel exposed after removing unsound concrete must be restored to position and blocked and tied under section 52 of the State Standard Specifications. Replace or repair reinforcing steel damaged and rendered useless during removal. Clean concrete surfaces and existing reinforcing steel by abrasive blasting before placing concrete. Immediately after cleaning, apply 2 coats of organic zinc-rich primer to all exposed surfaces of reinforcement to remain. Do not use aerosol cans. Mix the paint thoroughly when applying. Add the following: 303-10 CONCRETE BARRIER TYPE 732SW (MODIFIED) Construct barrier as shown according to section 83-3, "Concrete Barriers", of the State Standard Specifications. Add the following: 303-11 TEMPORARY RAILING (TYPE K) Type K temporary shall conform to section 12-3.20 of the State Standard Specifications. Add the following: 303-12 CLEAN AND PREPARE BRIDGE DECK, FURNISH BRIDGE DECK TREATMENT MATERIALS AND TREAT BRIDGE DECK Clean and prepare bridge deck according to section 60-3.02C(7), "Prepare Concrete Deck Surface", of the State Standard Specifications. Treat bridge deck according to section 60-3.03, "Bridge Deck treatment", of the State Standard Specifications. l" •+; Revised 7/19/17 Contract No. 6606-17 Page 76 of 138 Pages SECTION 304 METAL FABRICATION AND CONSTRUCTION Add the following: 304-6 CHAIN LINK RAILING Chain link railing shall conform to the provisions in Section 83-2.06, "Chain Link Railings," of the State Standard Specifications and these special provisions. SECTION 305 PILE DRIVING AND TIMBER CONSTRUCTION Add the following: 305-3 HELICAL ANCHOR PILES The contractor shall submit the following helical anchor design documentation: 1. Certification from the anchor designer that the proposed anchors meet the requirements of Section 205-4 2. Qualifications of anchor installer 3. Qualifications of anchor designer 4. Product designations for helix and extension sections and all ancillary products to be supplied at each helical anchor location 5. Manufacturer's published allowable system capacities for the anchor assemblies, including load transfer devices 6. Maximum allowable installation torque of anchor 7. Inclination angle and location tolerance requirements 8. Copies of certified calibration reports for torque measuring equipment and load test measuring equipment to be used on the project. The calibrations shall have been performed within one year of the proposed starting date for helical anchor installation or as recommended by the equipment manufacturer based on the proposed starting date. Before entering the construction site to begin work, the installing contractor shall provide proof of insurance coverage as stated in the general specifications and/or contract. Installing contractor shall furnish and install all helical anchors per the project plans and approved anchorage design documentation. In the event of conflict between the project plans and the approved anchorage design documentation, the installing contractor shall not begin construction on any affected items until such conflict has been resolved. The installing contractor shall conduct his construction operations in a manner to insure the safety of persons and property in the vicinity of the work. The installing contractor's personnel shall comply with safety procedures in accordance with OSHA standards and any established project safety plan. l'\ •+;' Revised 7/19/17 Contract No. 6606-17 Page 77 of 138 Pages The installing contractor shall request marking of underground utilities by an underground utility location service as required by law, and shall avoid contact with all marked underground facilities. The portion of the construction site occupied by the installing contractor, his equipment and his material stockpiles shall be kept reasonably clean and orderly. Installation of helical anchors shall be subject to approval by the engineer. The installing contactor shall give the engineer at least 24 hours prior notice of anchor installation operations. The helical anchor installation technique shall be such that it is consistent with the geotechnical, logistical, environmental, and load carrying conditions of the project. The lead section shall be positioned at the location as shown on the project plans. The helical anchor sections shall be engaged and advanced into the soil in a smooth, continuous manner at a rate of rotation of 5 to 25 RPM's. Sufficient down pressure (crowd) shall be applied to uniformly advance the helical anchor sections a distance approximately equal to the pitch of the helix plate (typically 3 inches) per revolution. The rate of rotation and magnitude of down pressure shall be adjusted for different soil conditions and depths. Extension sections shall be provided to obtain the required minimum overall length and minimum torsional resistance to lift existing pilaster until plumb. ,~ •+; Revised 7/19/17 Contract No. 6606-17 Page 78 of 138 Pages SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 6 -TEMPORARY TRAFFIC CONTROL SECTION 600 ACCESS 600-2 VEHICULAR ACCESS Add the following: One lane of traffic in each direction shall be maintained at all times on the Poinsettia Lane Overhead. Access for emergency vehicles shall be available along all streets within the construction area at all times. 600-3 PEDESTRIAN ACCESS Add the following: Safe access for pedestrian traffic along all public streets and the multi-use paths shall be maintained in both directions at all times except where temporary closures are approved by the Engineer in advance. At least one sidewalk shall remain open for use by pedestrians at all times on the Poinsettia Lane Overhead. Sidewalk closures shall be appropriately marked using signs conforming to the latest version of the California Manual on Traffic Control Devices and indicating the detour location. When necessary, sidewalk closures shall occur at Avenida Encinas and Carlsbad Boulevard. The Calle Barcelona OH shall be closed to pedestrian traffic only when construction activities are active and pedestrian and bicycle traffic cannot be safely maintained, as determined by the Engineer. Closures shall be located at the nearest decision point to the overcrossing, with appropriate detour signage to Paseo Avellano. SECTION 601 WORK AREA TRAFFIC CONTROL 601-2 TRAFFIC CONTROL PLAN (TCP) Add the following: Traffic control devices, including signs, temporary traffic signals and temporary modifications to existing traffic signals, shall be utilized to route traffic and minimize impacts on the general public in conformance with these special provisions, as shown on the plans and as approved by the Engineer. The Contractor shall submit to the Engineer for review and approval, at least five (5) days prior to start of work, a plan showing traffic control measures for vehicles, bicyclists and pedestrians affected by the construction work. The traffic control plan shall include temporary signing and striping, denoting exact location of temporary sign placement. The plan shall be developed in accordance with the plans, the City of Carlsbad Traffic Control Plan requirements and the latest version of the California Manual on Traffic Control Devices. l~ •+; Revised 7/19/17 Contract No. 6606-17 Page 79 of 138 Pages All work shall be performed during the daylight hours on Monday through Friday unless otherwise approved by the Engineer. Work that impacts traffic shall be limited to between 8:30 a.m. and 4:00 p.m., Monday through Friday, unless otherwise superseded by the approved traffic control plan. l' •+;' Revised 7/19/17 Contract No. 6606-17 Page 80 of 138 Pages APPENDIX "A" l' •fi Revised 7/19/17 Contract No. 6606-17 Page 81 of 138 Pages ,. Contract No. 1. 42079 Santa Fe Original RETURN TO Secretary, The A.T. & S.F. RY. CO. Topeka 435-Ponto Poinsettia Lane OH-56 (Supplement) SUPPLEMENTAL AGREEMENT, made as of this 7 _;;qi day of ~ ., /}' if, between THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, a Delaware corporation, hereinafter referred to as "Santa ·Fe", and CITY OF CARLSBAD, a political subdivision of the State of California, hereinafter, referred to as "City". RE C ITAL S: Santa Fe and City are now parties to a contract dated July 18, 1973, Santa Fe's Secretary's Contract No. 142079, being hereafter referred to as "Original Contract", under which City proposes to construct an overpass crossing of Santa Fe's San Diego - Los Angeles tracks at Poinsettia Lane by means of a reinforced concrete structure and ·approaches thereto to serve the new development in the City of Carlsbad, County of San Diego, State of California. The parties desire to modify the Original Contract as hereinafter provided. AG RE EM E NT: It is mutually agreed that, Article I, Paragraph 4; Article II, Paragraphs 7 and 9; and Article III, Paragraph 4(b) are deleted in their entirety and the following paragraphs are substituted: ARTICLE I 4. To submit to City periodic bills covering the cost of work performed by Santa Fe, and upon completion of the structure, a detailed statement of final costs segregated as to labor and materials, for each item in the recapitulation on Exhibit 11B11 , attached hereto and made a part hereof. The rates and schedules for labor, equipment and materials, and manner of billing shall be as set forth in the Federal Aid Highway Program Manual, u. s. Department of Transportation, and any revisions thereof or amendments thereto, which said manual is hereby incorporated in and made a part of this agreement by reference. -1- ARTICLE II 7. To require its contractor, or contractors, to notify Santa Fe 48 hours in advance of any blasting, so that proper flagging protection may be provided to prevent damage to Santa Fe's trains or property. ARTICLE II 9. To incorporate in each prime contract for construction of structure, or the specifications therefor, the provisions, entitled "Relations with Railway Company" set forth in Exhibits 11C11 , "C-1", and "C-211 , attached hereto and made a part hereof, and accepts responsibility of compliance by its prime contractor. ARTICLE III 4(b) Provided, further, that all expense incurred by Santa Fe, and billed to City, for which City is obligated to reimburse Santa Fe, shall be in accordance with and subject to the terms and provisions of the Federal Aid Highway Progr_am Manual, U.S. Department of Transportation, and any revisions therefor or amendments thereto, and in accordance with the provisions set forth in Article I, Section 4. Also, Original Contract is. further amended by the insertion of the Paragraphs 12, 13 and 14 to Article III, as follows: 12. Before entering upon Santa Fe's property for maintenance purposes, City will notify the AGM-Engineering of Santa Fe in advance, to obtain proper authorization and, if work is contracted, will require its prime contractor, to comply with the obligations in favor of Santa Fe as provided in said Exhibits "C", "c-1" and "C-2", and accepts r~sponsibility of compliance by its prime contractor. 13. City shall indemnify and save harmless Santa Fe, its agents and employes against all liability, claims, demands, damages, or costs for (a) death or bodily injury to persons, including without limitation the employes of the parties hereto, (b) injury to property, including without limitation, the property of the parties -2- hereto, (c) design defects, or (d) any other loss, damage, or expense arising under either (a), (b), or·(c), and all fines or penalties imposed upon or assessed against Santa Fe, and all expenses of investigating and defending against same, arising in any manner out.of (1) use, occupancy or presence of City, its contractors, subcontractors, employes, or agents in, on, or about the construction and/or maintenance site, (2) the performance, or failure to perfonn, by the City, its contractors, subcontractors, employes, or agents, its work or any obligation under this agreement, or (3) the sole or contributing acts or omissions of City, its contractors, subcontractors, employes, or agents in, on, or about the construction site. Nothing contained in this provision is intended to, nor shall be deemed or construed to indemnify Santa Fe from its sole negligence or willful misconduct, or that of its agents, servants or independent contractors who are directly responsible to it, as provided in California Civil Code Section 2782. 14. In the event that construction has not begun for a period of three years from date of signing agreement, this agreement shall be null and void. 15. City agrees that, notwithstanding any provision herein to the contrary, if City shall deem it necessary or desirable in the future to widen the structure herein contemplated, it shall do so at its sole cost and expense and at no cost nor expense to Santa Fe. EXHIBITS Exhibits A, B, C, C-1 and C-2 are hereby revised and attached hereto. X X X -3~ IN WITNESS WHEREOF, the parties hereto have duly executed this agreement the day and year first above written. APPR9\EDl ·, · J ~l~ Asst. General Manager-Engineering The Atchison, Topeka and Santa Fe Railway Company ,.,,'"'°'M !J 1-i»tru 01 . I '(, / I 18561CR* THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY Its f,XECUTlVE VICE PRESiDENT ---------------- CITY OF CARLSBAD Its_....1.Mc...:..=l'l..:...~"-'b:..:.R..=----------- -4- 38056 SECY'S NO. EXHIBIT "A" ATTACHED TO CONTRACT BETWEEN THE ATCHISON, TOPEKA AND SANTA FE. RAILWAY COMPANY AND CITY OF CAQLSBAD CHICAGO, ILLIN0IS SCALE: 1 IN. TO JOO FT. La5 A99etes 01v. fourth DIST. DATE: December 14, /983 <i:. Poinsettia Lane Sta . .Z/00+37 M.P Z.3'3+384/ I __ l:L.13......Webb ___ _ CHIEF ENGINEER DESCRIPTION APPROVED -----To Fullerton ~-----R/W line-;? __ To National City---,.,_ 100' I::. Track N~2 4 3 ' 100· ...._ ________ _ Description: • A reinforced concrete structure located on the Railway Company's Right of way as shown bold. • Land covered by this contract shown shaded. At Ponto San Diego Cou,,-ty, Calilornia 1----...... ---------- 9 7 e. Main Track R/Wline--;2 C.E. DRAWING NO. 1 -0/000 7 DIV. OWG. NO. ____ DIV. FILE NO. ____ G.M. FILE NO. f35-B,ntn-5h C.E. FILE NO.ft1-QQZ-QOQ21 R::,,nse~ Lane oH MGi!.. u. Ul a: 0. < :; Cciitract No. 1.42079 h-£turr, to Secretary, The A. T. & S. F. Ry. Co. T cpel<a RECITALS AGREEMENT, made this J.8tt.!,_ day of __ J_ul..;.;;;;c.y __ _ 1972__, between THE ATCHISOH, TOPE;~, AND SANTA PE RAILWAY COl1PANY, a Delaware Cor- poration, hereinafter called "Santa Fe" and the CITY OF CARLSBAD, a p-:,litical sub- division of the state of California, here- inafter referred to as "City". Santa Fe owns and op~rates a lin~ of railroad in and through the City of Carlsbad. City, in connection with land development, involving parcels of land each side of Santa Fe's right of way, proposes to construct an overpass crossing of Santa Fe's San Diego-Los Angeles tracks at Poinsettia Lane by means of a reinforced concrete structure and approaches thereto to serve the new development in the City of Carlsbad, County of San Dlego, State of California. The term "structure" as used in this agreement shall include the proposed overpass separation structure and.approaches thereto, any and all necessary changes to telephone, telegraph, signal and electrical lines and a~purtenances, all track work, grading and drainage facilities and any and/or all other work of every kind and character necessary to accomplish the con- struction of the Poinsettia Lane overpass structure. Said structure will pass over Santa Fe's tracks at the location shown on print of Drawing c. E. c. L. No. 77-31488 , dated June 111 1973 narked Exhibit "A" attached hereto and made a part hereof, The parties hereto desire to expre!3s in writing their understandings ~n~~ a.gi.~e~:nnr,t )?•.n:st!<'.nt to .,::~ich said structt~:re is to be constri;ctr::d, used, and m,;1 .::.n tai:1cd. 1. , '. AGREEMENT ARTICLE I IN CONSIDERATION of the covenants of City hereinafter contained and the faithful performance thereof, Santa Fe agrees: 1. Give or grant and hereby does give or grant to City, its suc- cessors and asslgns, all upon· and subject to the terms and conditions herein- after set forth, the right to enter upon and use the portion of Santa Fe's right of way outlined in green on said Exhibit "A" for highway purposes and to construct the overpass within the portion of said right of way outlined in red on said Exhibit "A", reserving, however, to Santa Fe, its successors and assigns, the right to construct, reconstruct, maintain and operate exis- ting and additional railroad tracks, facilities and appurtenances, as well as pipelines, pole lines and like facilities upon, along and across said qreen outlined parcel and to use the airspace over the same above a olane 30 ft. above the level of the highway for any and all purposes, provided such reserved rights shall be exercised in a manner consistent with the use of said parcel for highway overpass purposes~ Santa Fe does not warrant its title to said right of way and in any case of claims against City by anyone owning or claiming title to all or any part of or any interest in said right of way, Santa Fe shall not be liable to City for any damages due to the failure of Santa Fe's title. 2. To furnish all labor, materials, tools and equipment necessary to do the following: (a) Make such changes in trad:s or other rail read facilities .anrl in the temnorarv.and oermanent alignment, locution and elovation of it,; telenhone, teleqranh, signal and/or wire lines and nrmurten cnces a~ rnav become neces~ary hv reason of the construction of said structure. (b) Furnish inspectors, watchmen and flagmen as may be neces- sary for the safety of its property and the operation of its trains during the construction of said structure. 2. r • 3. To do all work herein provided to he done by Santa Fe in ful- fillrn~nt of its obligations hereunder with its own employees, working under Railroad Labor Agreements and on a Force Account Basis. 4. To submit to City periodic statements covering the cost of work performed by Santa Fe, and upon completion of the structure, a detailed state- ment of final costs, segregated as to labor and materials for each item in the recapitulation on Exhibit "B", attached hereto and made a part hereof. The rates and schedules for labor, equipment and materials, and manner of billing shall be as set forth in the Federal Highway Administration Policy and Procedure Memorandum No. 30-3, dated October·26, 1971, and any revisions thereof or amendments thereto, which said memorandum, for this purpose, only, is hereby incorporated in and made a PB.?=t of this agreement by reference. ARTICLE II IN CONSIDERATION of the covenants of Santa Fe herein contained and the faithful performance thereof, City agrees: 1. To prepare plans and specifications for the construction of said structure, which said plans and specifications shall be submitted to Santa Fe for approval prior to commencement of construction. 2. To make application to the Public Utilities Commission of the State of California for an order authorizing the construction of said struc- ture and to furnish to said Commission plans of the proposed construction, approved by Santa Fe, together with a copy of this agreement. 3. To acquire all rights of way necessary for the construction of the structure. 4, To do all necessary grading, to construct structure to pass o"Ter the tracks, to pave hiqhway, construct necessary drainage facilitie.-s, and do all work called for on the plans and in th~ specifications for t.~e construction of said structure, except such work as Santa Fe herein agrees to do. 3. 5. To mctke any and all arranger.1P.nts that may he n~ce~c,ary to secure the location or relocation of wire lines, p:i.r.,e lines and other facil- ities, owned by private persons, companies, corr,orations, nolitical suhdi- visions or puhlic utilities other than Santa re, which it Mav he found nec- essary to locate or relocate in any manner whatsoever due to the construction of said structure. 6. To furnish all labor, materials, tools and equipment in doing the work it herein agrees to do. To do all work called for on its part in such manner as not to interfere with the safe operation of Santa Fe's line of railroad. 7. To require its contractor, or contractors, to notify Santa Fe in advance of any blasting,.so that proper ~lagging protection may be pro- vided to prevent damage to Santa Fe's trains or property. 2. ,: •• .,._.; _1...., ,.__ c .... -+-=-,,.._ ..... _ •• w---·· .... - Fe, for approval, plans and specifications of any falsework, shoring or crib- bing that may be planned to be used over, under or adjacent to Santa Fe's tracks, and the use of such falsework will conform to the Standard side and/or overhead clearance as per General Order No. 26-D of the Public Utilities Com- mission of the State of California governing such clearances. In case the use of such falsework will impair clearances requested by City in its application to the Public Utilities Commission of the State of California, City will apply to the Public Utilities Commission for approval of such impairment during the period of construction of the structure: 9. To incorporate in each prime contract for construction of the structure, or the specifications therefor, the provi!:dons, entitled "Relations with Railway Company" set forth in Exhibit "C", "C-1", _and "C-2", attached 4. 10. That, except as hereinafter otherwise provided, all work to be done hereunder by City in the construction of said structure will be done pursuant to a contract or contracts to be let by City to a contractor or con- tractors who shall be subject to the approval of Santa Fe as to his, its or their responsibility and ability to perform the work over and/or under the track~ of Santa Fe, and all such co~tracts shall provide: (a) That no work shall be commenced ovar or adjacent to Santa Fe tracks until each of the prime contractors emnloyed in connection with said work shall have {i) executed and de- livered to Santa Fe a letter agreement in the form attached hereto as Exhibit "C-1", and (ii) delivered to and secured the approval h:r Santa F'e of the insurance required by Ex- hibit "C-2" attached hereto and by this reference made a part hereof. lOJ That-if, in the opinion of City, it shall be for the best interest of City it may direct that the construction of said structure he done by day labor under the direction and control of City, or if, at any time, in the opinion of City, the contractor has failed to prosecute with dili- gence anq force the work snecified in and by the terms of ,_ ___ _ """'--""' - minate the contr~ctor•s control over said work and take possession of all or any part thereof, and proceed to com- plete same by day labor or by employing another contractor or contractors on informal contracts, provided that all such informal contracts shall require the contractor to comply with the obligations in favor of Santa Fe herein- above set out in Section 10 of this Article II, and pro- vided, further, that if such construction is performed hu ~=w li\hnr. Cit.v will at its expense procure and main- tain in behalf of Santa Fe in!'lurance reC'{uire~ bv said Exhibit "C-2". 11. To reimburse Santa Fe for cost of work done by Santa Fe's forces in accordance with the provisions of Article I, section 4, and settled in accordance .with the provisions of Article III, Section 4, hereof. ARTICLE III IN CONSIDERATION of the premises it is mutually agreed: 1. That all work contemplated in this &greement s~all he per- fot-;ued in a gootl a~d woL;~~anlixe mannar and to the ~atisfaction of the parties hereto, and each portion shall be prc:nptly (;;C:maenced by the parties s. hereto obligated to do the same and thereafter diligently prosecuted to conclusion in its logical order and sequence.- 2. That the structure shall be constructed to accommodate the existing tracks of Santa Fe and to provide for a four-lane thorourrhfare. The work shall be clone in accordance with detailed plan~ apr,roved hy both oarties and subject to approval by the Puhlic Utilities Commission of tho State of California, with minimum clearances of not less than those speci- fied in General Order No. 26-D of said Commission, except that ninimum vertical clearance shall he 23 feet. 3. That City will bear the entire cost and exp~s;·~inC;;r;ed in connection with the construction of said structure, subject to the pro- visions set forth herein. 4. That City will, out of funds made available to it for the construction of such projects, reimburse Santa Fe in full for all work done by it, subject, however, to the following conditions: (a). Provided, that should some unforeseen condition or com- bination of conditions increase the cost of the work to be performed by Santa Fe in excess of the total cost as set forth in the aforementioned estimate marked Exhibit "B", Santa Fe will not be obligated to incur any exp~nd- itures in excess _of said total unless and until so auth- orized by City, it being the intent that Santa Fe be re- imbursed for any and all expenditures allowed under this agreement, but insofar as is practicable it shall secure authority from City before exceeding the total cost as set forth in said Exhibit "B"1 and (b) Provided, further, that all expense incurred by Santa Fe, and billed to City, for which City is obligated to re- imburse Santa Fe, shall be in accordance with and subject to the terms and provisions of the Federal Highway Admin- istration Policy and Procedure .Memorandum 30-3, dated October 26, 1971, and any revisions thereof or amend- ments thereto, and in accordance with the provisions set forth in Article I, Section 4. 6. 5. That the.work of constructing said structure shall not be commenced until City shall have given written notice to the AGM-Engineering of Santa Fe, stating the date that such work is to begin. 6. That the construction of said structure shall be performed and effected in such a manner as to interfere as little as possible with the safe operation of locomotives, trains and cars of Santa Fe over its tracks. 7. That after completion of the construction of said structure as hereinabove described: (a) Santa Fe will, at its sole cost and expense, maintain its roadbed, track, and all other railroad facilities~ pro- vided, however,·that nothing herein contained shall relieve City of any liability which would otherwise be legally im- posed upon it with respect to damage caused to said rail- road facilities by negligent acts or omissions of City; its agents or employees. (b) City will, at its sole cost and expense, maintain said structure, lighting, highway drainage, highway approaches. and drainage structures thereunder, and appurtenances, provided, however, that nothing herein contained shall relieve Santa Fe of any liability it would otherwise have with respect to damage caused to said structure by negli- gent acts or omissions of Santa Fe or its employees. 8. That if Santa Fe shall deem it necessary or desirable in the future, in the performance of its duty as a common carrier, to raise or lower the grade or change the alignment of its tracks or to lay additional track or tracks or to build other facilities in connection with the operation o~ its railroad, Santa Fe shall, at its expense, have the right to make such changes or additions, p~ovided such changes or additions do not change or alter the grade separation structure herein proposed to be constructed and provided further, however, that should it become necessary or desirable in the future to change, alter, widen or reconstruct said structure to accom- modate railroad projects, the cost of such work, including any cost incida~- tal to alteration of railroad or highway facilities made necessary by the 7. alteration of said structure, shall be divided between Santa Fe and City in such shares as may be determined by them, subject to jurisdiction of the Public Utilities Commission of the State of California • . 9. That if City shall deem it necessary or desirable in the future, due to traffic conditions, to widen the structure herein contemplated, it shall have full right to do so, subject to the jurisdiction of the Public Utilities CoDlillission of the State of California, provided, however, that such widening shall not encroach further upon or occupy the surface of Santa Fe's property to a greater extent than is contemplated by the plans and specifications to be approved by Santa Fe under the provisions of Section 1 of Article II hereof, without the consent and approval of Santa Fe. 10. That the books, papers, records and accounts of the parties hereto, insofar as they relate to the item of expense for labor and material, or are in any way connected with the work herein contemplated, shall at all reasonable times be open to inspection and audit by agents and the authorized representatives of ·the parties hereto for a period of not iess than three years from the date of final payment. 11. That the covenants and provisions of the foregoing instrument shall be binding upon and inure to the benefit of the successors and assigns of Santa Fe and the assigns of City. 8. • I•' IN WITNESS \-il!EREOF the parties hereto have duly executed this agreement the day and year first above written. 11.T'l"EST: ~12~ .M'PROVED: APPROVED AS TO FORM: a,:21..~ 9. CITY OF CARLSBAD ATTEST: ·:--~,:~: ~i·rr; ~ d '• ... <!.{·----·-·----.. jf(_ ... -.p~ 100' MAIN 100' -- EXHIBIT "A .. ATTACHED TO CONTRACT BETWEEN THE ATCHISON, TOPEKA and SANTA FE RAILWAY COMPANY AND CITY Of CARLSBAD LOS ANGELES, CALIF. JUNE 11, 1973 SCALE: 1 IN. TO 100 FT. J. G. FRY CHIEF ENGINEER ¢.. POINSETTIA LANE 0. H .. ENGR'S STA. 2100 + 37. 3 Ml LE POST 233 + 3 84 I' --... --- FOURTH DISTRICT 15' TRACK 1HE A. T. & s. F, RY, co. -------- 100' 100' ...._TO LOS ANGELES TO NATIONAL CITY ..,.. faTY' Htlll\ AT PONTO, LEGEND A REINFORCED CONCRETE STRUCTURE LOCATED ON THE RAILWAY COMPANY'S RIGHT OF WAY AS SHOWN OUTLINED RED. LAND COVERED BY THIS CONTRACT SHOWN OUTLINED GREEN. c,..,; .. 1-',o N~\ SAN DIEGO COUNTY, CALIF. C. E. C. L. NO. 77-31488 I I i I