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Lightning Fence Co Inc; 2018-03-01; PWS18-76TRAN
DOC# 2018-0397810 1111111111111111111111111111111111111111111111111111111111111111111111 RECORDED REQUESTED BY CITY OF CARLSBAD Sep 24, 2018 03:35 PM OFFICIAL RECORDS Ernest J Dronenburg, Jr. SMJ DIEGO cour--JTY RECORDER FEES $0.00 (SB2 Atkins $0.00) AND WHEN RECORDED PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 PAGES 1 Space above this line for Recorder's use. PARCEL NO: n/a -~--------- NOTICE OF COMPLETION Notice is hereby given that: 1. The undersigned is owner of the interest or estate stated below in the property hereinafter described. 2. The full names of the undersigned are City of Carlsbad, a municipal corporation. 3. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California 92008. 4. The nature of the title of the undersigned is: In fee. 5. A work or improvement on the property hereinafter described was completed on Aug. 24, 2018. 6. The name of the contractor for such work or improvement is Lightning Fence Co., Inc. 7. The property on which said work or improvement was completed is in the City of Carlsbad, County of San Diego, State of California, and is described as follows: Project No. 4735, Fire Station Nos. 1, 4 & 5 Security Fencing. 8. The street address of said property is at various locations in the City of Carlsbad. VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of arlsbad, 1200 Carlsbad Village Drive, Carlsbad, California, 92008; the City Manager of said City on ----:;:,o......c""'=-"-""-'--L-L.--_, 20J.5?_, accepted the above described work as completed and ordered that a Notic of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on ¥ . /9 , 20Ji?, at Carlsbad, California. Cl1 OF CARLSBAD . C10xlc ~ £rtl1!1'1MJ ~ARBARA ENGLESON I/ City Clerk Q \Public Works\PW Common\CAPITAL-ACTIVE\4735 Fire Station Nos. 1 4 & 5 Security Fencing\Project Closeout\NOC.doc CITY OF CARLSBAD ACCEPTANCE OF PUBLIC IMPROVEMENTS COMPLETION OF PUBLIC IMPROVEMENTS Lightning Fence Company, Inc. has completed the contract work required for Project No. 4735 Fire Station Nos. 1, 4 & 5 Security Fencing. City forces have inspected the work and found it to be satisfactory. The work consisted of: IMPROVEMENTS Installation of security fencing and gates VALUE $98,423 CERTIFICATION OF COMPLETION OF IMPROVEMENTS Oat~ 7 CITY MANAGER'S ACCEPTANCE OF PUBLIC IMPROVEMENTS The construction of the above described contract is deemed complete and hereby accepted. The City Clerk is hereby authorized to record the Notice of Completion and release the bonds in accordance with State Law and City Ordinances. The City of Carlsbad is hereby directed to commence maintaining the above described improvements. Date APPROVED AS TO FORM: CELIA BREWER, City Attorney By ~ DepuyCityAttorney Q:\Publ,c Works\PW Common\CAPITAL-ACTIVE\4735 Fire Station Nos. 1 4 & 5 Security Fencing\Project Closeout\API (Public Works) -revised 2018-08-01.doc Project: 4735, Fire Station 1, 4 & 5 Security Fencing Change Order No. 1 PROJECT: CITY OF CARLSBAD CONTRACT CHANGE ORDER NO. 1 Fire Station 1, 4 & 5 Security Fencing CONTRACT NO. 4735 ACCOUNT NO. 3007000 9060 47351 9066 CONTRACTOR: Lightning Fence Co. Inc. ADDRESS: 14321 Old San Pasqual Rd. Escondido, CA 92029 P.O. NO. P135549 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. This change order is not effective unless signed by the City Manager and/or the Mayor or his/her designee. Pursuant to Section 3 of the General Provisions of this contract, perform the following: Item 1: Delete Bid Schedule "B" at Fire Station 4. Decrease to contract cost. ..................................................... ($48,900.00) Item 2: Increase Bid Item No. C-1 by 16 LF at $100/LF. Increase to contract cost ........................................................... $1,600.00 Item 3: Decrease Bid Item No. C-4 by 13 LF at $65/LF. Decrease to contract cost ......................................................... ($845.00) Item 4: Increase Bid Item No. C-5 by 15 LF at $110/LF. Increase to contract cost ........................................................... $1,650.00 Item 5: Decrease Bid Item No. C-7 by 1 bollard at $900/EA. Decrease to contract cost .......................................................... ($900.00) Project: 4735, Fire Station 1, 4 & 5 Security Fencing Change Order No. 1 Item 6: Item 7: Item 8: Item 9: Add four (4) pipe bollards to protect gate posts and gate operators at Fire Station 5 at $900/EA. Value based on Bid Item No. C-7 unit cost. Increase to contract cost. .......................................................... $3,600.00 Add man gate at sidewalk adjacent to apparatus bays at Fire Station 5 with wire mesh for security. Increase to contract cost.. ......................................................... $1 , 800. 00 Increase Fire Station 5 gate frame sizes in Bid Items No. C-2 and No. C-6 to accommodate Fire Department request for more substantial gate. No change in labor value. Increase to contract cost. .......................................................... $1,610.00 Provide electrical and concrete scope of work to include concrete cutting and patching, landscaping removal, conduit and wire installation, exit loop installation, and wiring and programming of new gate operators and keypad at Fire Station 5. Increase to contract cost. ........................................................ $37,398.25 Item 10: Relocate keypad bollard installation at the entrance gate for Fire Station 5 seven feet further away from the gate. Increase to contract cost. .......................................................... $7,220.00 TOTAL CHANGE TO CONTRACT COST ................................................... $4,233.25 TIME FOR COMPLETION OF ALL WORK UNDER THIS CONTRACT SHALL BE EXTENDED BY 60 WORKING DAYS AS A RESULT OF THIS CHANGE ORDER. Project: 4735, Fire Station 1, 4 & 5 Security Fencing Change Order No. 1 ~RM: CITY ATTORNEY ~ /z, ti101 e-- fDA E) (DATE) (DATE) L-l O ~~ 'i/31/11 FINANCE DIRECTOR (DATE) /4~ 15-18 CITY MAN&' MAYOR (DATE) DISTRIBUTION PROJECT FILE (ORIGINAL), PURCHASING. CONTRACTOR CITY OF CARLSBAD San Diego County California CONTRACT DOCUMENTS AND GENERAL PROVISIONS FOR FIRE STATION NOS. 1, 4 & 5 SECURITY FENCING CONTRACT NO. 4735 PWS18-76TRAN ,, •,;' Revised 7/19/17 Contract No. 4735 Page 1 of 84 Pages TABLE OF CONTENTS Notice Inviting Bids ................................................................................................................ 5 Contractor's Proposal ........................................................................................................... 1 O Bid Security Form ................................................................................................................ 16 Bidder's Bond to Accompany Proposal ................................................................................ 17 Guide for Completing the "Designation of Subcontractors" Form ......................................... 18 Designation of Subcontractor and Amount of Subcontractor's Bid Items ............................. 20 Bidder's Statement of Technical Ability and Experience ....................................................... 21 Bidder's Certificate of Insurance for General Liability, Employers' Liability, Automotive Liability and Workers' Compensation ................................................................................... 22 Bidder's Statement Re Debarment ....................................................................................... 23 Bidder's Disclosure of Discipline Record .................................................................... 24 Noncollusion Declaration to Be Executed by Bidder and Submitted with Bid ........................ 26 Contract Public Works .......................................................................................................... 27 Labor and Materials Bond .................................................................................................... 34 Faithful Performance/Warranty Bond ................................................................................... 36 Optional Escrow Agreement for Surety Deposits in Lieu of Retention .................................. 38 l' • ., Revised 7/19/17 Contract No. 4735 Page 2 of 84 Pages Section 1 1-1 1-2 1-3 1-4 Section 2 2-1 2-2 2-3 2-4 2-5 2-6 2-7 2-8 2-9 2-10 2-11 Section 3 3-1 3-2 3-3 3-4 3-5 Section 4 4-1 4-2 Section 5 5-1 5-2 5-3 5-4 5-5 5-6 Section 6 6-1 6-2 6-3 6-4 6-5 6-6 6-7 6-8 6-9 GENERAL PROVISIONS Terms, Definitions Abbreviations and Symbols Terms .......................................................................................................... 41 Definitions .................................................................................................... 41 Abbreviations ............................................................................................... 45 Units of Measure .......................................................................................... 47 Scope and Control of The Work Award and Execution of Contract.. ............................................................... 49 Assignment .................................................................................................. 49 Subcontracts ................................................................................................ 49 Contract Bonds ............................................................................................ 50 Plans and Specifications .............................................................................. 51 Work to be Done .......................................................................................... 52 Subsurface Data .......................................................................................... 52 Right-of-Way ................................................................................................ 52 Surveying ..................................................................................................... 52 Authority of Board and Engineer .................................................................. 53 Inspection .................................................................................................... 54 Changes in Work Changes Requested by the Contractor ........................................................ 55 Changes Initiated by the Agency .................................................................. 55 Extra Work ................................................................................................... 56 Changed Conditions .................................................................................... 58 Disputed Work ............................................................................................. 59 Control of Materials Materials and Workmanship ......................................................................... 66 Materials Transportation, Handling and Storage ........................................... 69 Utilities Location ....................................................................................................... 70 Protection .................................................................................................... 70 Removal ...................................................................................................... 71 Relocation .................................................................................................... 71 Delays .......................................................................................................... 71 Cooperation ................................................................................................. 72 Prosecution, Progress and Acceptance of the Work Construction Schedule and Commencement of Work ................................... 73 Prosecution of Work ..................................................................................... 73 Suspension of Work ..................................................................................... 73 Default by Contractor ................................................................................... 74 Termination of Contract. ............................................................................... 74 Delays and Extensions of Time .................................................................... 7 4 Time of Completion ...................................................................................... 75 Completion, Acceptance, and Warranty ....................................................... 76 Liquidated Damages .................................................................................... 76 l'\ • ., Revised 7/19/17 Contract No. 4735 Page 3 of 84 Pages 6-10 Section 7 7-1 7-2 7-3 7-4 7-5 7-6 7-7 7-8 7-9 7-10 7-11 7-12 7-13 7-14 Section 8 Section 9 9-1 9-2 Use of Improvement During Construction .................................................... 77 Responsibilities of the Contractor Contractor's Equipment and Facilities .......................................................... 78 Labor ........................................................................................................... 78 Liability Insurance ........................................................................................ 78 Workers' Compensation Insurance .............................................................. 78 Permits ........................................................................................................ 79 The Contractor's Representative .................................................................. 79 Cooperation and Collateral Work ................................................................. 79 Project Site Maintenance ............................................................................. 80 Protection and Restoration of Existing Improvements ................................... 80 Public Convenience and Safety ................................................................... 81 Patent Fees or Royalties .............................................................................. 82 Advertising ................................................................................................... 82 Laws to be Observed ................................................................................... 82 Antitrust Claims ............................................................................................ 82 Facilities for Agency Personnel (Not Used) Measurement and Payment Lump Sum Work .......................................................................................... 81 Payment ...................................................................................................... 81 ,, •+' Revised 7 /19/17 Contract No. 4735 Page 4 of 84 Pages CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS Until 11 a.m. on January 4, 2018, the City shall accept sealed bids, clearly marked as such, at the Faraday Center, 1635 Faraday Avenue, Carlsbad, CA 92b08-7314, Attn: Purchasing Officer, by mail, delivery service or by deposit in the Bid Box located in the first floor lobby, at which time they will be opened and read, for performing the work as follows: Provide and install black iron security fencing and gates at Fire Stations 1, 4 & 5. FIRE STATION NOS.1, 4 & 5 SECURITY FENCING CONTRACT NO. 4735 BID NO. PWS18-76TRAN INSTRUCTIONS TO BIDDERS AND BID REQUIREMENTS This bid and the terms of the Contract Documents and General Provisions constitute an irrevoca- ble 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 Depart- ment. 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 sub- stituted 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 juris- diction 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 Public Works_Department. Specification reference is hereby made to the plans and specifications for full particulars and description of the work. The City of Carlsbad encourages the participation of minority and women-owned businesses. The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contrac- tors to utilize recycled and recyclable materials when available, appropriate and approved by the Engineer. ,, •+' Revised 7/19/17 Contract No. 4735 Page 5 of 84 Pages BID DOCUMENTS The bid documents comprise the following documents which must be completed and properly executed including notarization, where indicated. 1. Contractor's Proposal 2. Bidder's Bond 3. Noncollusion Declaration 4. 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 seventy-five thousand dollars ($75,000). TIME OF COMPLETION: The contractor shall complete the Work within the time set in the contract as defined in the General Provisions Section 6-7. 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 submit- ted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. Where federal funds are involved the contractor shall be properly licensed at the time the contract is awarded. In all other cases the contractor shall state their license number, expiration date and classification in the proposal, under penalty of perjury. This invitation to bid does not involve federal funds. The following classification is acceptable for this contract: C13 -Fencing. 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 sub- mitted with the signed contract. The escrow agreement may not be substituted at a later date. OBTAINING PLANS AND SPECIFICATIONS Bid packages various supplemental provisions and Contract documents may be obtained on the City of Carlsbad web site at www.carlsbadca.gov. Paper copies will not be sold. 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 draw- ings and specifications may submit to the Engineer a written request for clarification or correction. l'\ •+' Revised 7/19/17 Contract No. 4735 Page 6 of 84 Pages 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 or contractor of the City of Carlsbad except as herein before spec- ified. 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 Con- tract 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 sites will be held at 11 a.m. on December 21, 2017 at Fire Station 5 (2540 Orion Way, Carlsbad, CA 92010). Parking is available at the adjacent skate park. 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. ,, • ., Revised 7/19/17 Contract No. 4735 Page 7 of 84 Pages 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. ADDENDA 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 Pro- visions 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 commis- sioner. 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 ( commenc- ing 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. 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. l'\ • ., Revised 7/19/17 Contract No. 4735 Page 8 of 84 Pages 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. November 30, 2017 Date ,.~ t. • •+' Revised 7/19/17 Contract No. 4735 Page 9 of 84 Pages CITY OF CARLSBAD FIRE STATION NOS. 1, 4 & 5 SECURITY FENCING CONTRACT NO. 4735 BID NO. PWS18-76TRAN Addendum No. 2 From: Steven Stewart, Municipal Projects Manager Phone: (760) 602-7543 st even. stewart@carlsbadca.gov 1635 Faraday Ave Carlsbad, CA 92008 No. of Pages: 6 (including this page) Date: December 27, 2017 Bid Opening Date: January 9, 2018 -11 :00 AM Notice: This Addendum forms a part of the Contract Documents for the above identified project and modifies portions of the original Contract Documents. Documents not specifically mentioned in this Addendum remain in full force. Contractor must acknowledge receipt of this Addendum on the Bid Form. Failure to do so will subject bidder to disqualification. I. Contract Document Changes: 1. Replace Contractor's Proposal in Addendum No. 1 with attached revised Contractor's Proposal form. Difference is in item C-4. All other provisions of RFB and Addendum No. 1 remain in full force and effect. II. Supplemental Information for Bidding Purposes: 1. Contractor to provide and install appropriate rebar as part of V-trak installation for Fire Station 5 rolling gates. Obtain city approval of rebar installation prior to placing concrete. 2 Bid No. PWS18 -76TRAN Addendum No. 2 December 27, 2017 ADDENDUM NO. 2 RE: FIRE STATION NOS. 1,4 & 5 SECURITY FENCING CONTRACT NO. 4735 BID NO. PWS18-76TRAN City of Carlsbad Please include the attached addendum in the Notice to Bidder/Request for Bids you have for the above project. This addendum--receipt acknowledged--must be included to your bid when your bid is submitted. \ , leida Felix Yackel ~ Senior Contract Administrator Public Works Contract Administration 1635 Faraday Avenue I Carlsbad, CA 92008 I 760-602-4677 t CITY OF CARLSBAD FIRE STATION NO. 1, 4 & 5 SECURITY FENCING CONTRACT NO. 4735 ·~ ····. ··::-::•t:::::: .·«·- City Council City of Carlsbad CONTRACTOR'S PROPOS·A. L /. ~ /, . . L -1r!?L 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 Specifications, General Provisions, Contract Documents, and addenda thereto, and hereby pro- poses to furnish all labor, materials, equipment, transportation, and services required to do all the work to com- plete Contract No. 4735 in accordance with the Specifications, General Provisions, Contract Documents, and addenda thereto and that he/she will take as full payment for the work the total bid value stipulated below in the Schedules comprising the basis of award. Accordingly. the Schedule Items listed below and made a part of the basis of award will become the effective schedule of values for monthly progress payments. The Schedule Unit Prices listed below and made a part of the basis of award will be used to substantiate any changes that arise during the prosecution of the work. SCHEDULE "A" FIRE STATION 1 Item No. Description A-1 5 foot high black PVC coated chain link fencing with (2) 2-inch black PVC coated galvanized posts. All connec- tions to be bracketed not welded. Note: West side of fence can be bolted to adjacent wall in lieu of in- stalling post. Provide add/deduct value for consideration, but NOT as part of total price for Schedule "A" A-2 5 foot high black PVC coated chain link fencing from building wall to re- taining wall, with 18 foot wide single swing black PVC coated gate manual gate. Gate to have 2 inch black PVC coated frame Total amount of bid in words for Schedule "A": Approximate Quantity And Unit 7 LF LS Unit Price (Numbers) $ c;o - $ ____ _ $ d-., 900,, ( Total Amount (Numbers) $~ ~ (Price in words) Total amount of bid in numbers for Schedule "A": $ ____ 3---,,~' _s_·_-~-5__,,Q __ · _ _. ________ _ {' •+' Revised 7/19/17 3 Contract No. 4735 Page 10 of 83 Pages Addendum No. 2 Item No. B-1 B-2 B-3 B-4 B-5 B-6 B-7 B-8 8-9 SCHEDULE "8" FIRE STATION 4 Description Along north elevation at parking lot curb line, install 5 foot high black wrought-iron fencing with 2x2 inch pre-galvanized and black painted posts and 1 x1 inch top/bot- torn rails. At northwest area of site, route black wrought-iron fencing (B-1 above) inside of curb face to backside of fire hydrant and over to 2x2 inch pre-galvanized and black painted post. 5 foot high by 24 foot wide single swing black wrought-iron gate with 2 inch frame and SL3000 Elite motor or equivalent. Electrical wiring by others Photo eye with controls. Electrical by others. Safety Loops (for vehicle exiting). Include concrete cutting and patching per Green- book standards. Electrical by others. Along west elevation of driveway, install 5 foot high black PVC coated chain link fencing with 2-inch black PVC coated pre- galvanized posts. All connections to be bracketed not welded. Along south elevation of driveway, install 5 foot high black PVC coated chain link fencing with 2-inch black PVC coated pre- galvanized posts. Include one (1) 3 foot wide man-gate in center with lockbox. All connections to be bracketed not welded. At east elevation, install black wrought- iron gate at walkway to parking lot with pre-galvanized and black painted posts and 1x1 inch top/bottom rails. Include lockbox. Provide and install 6 inch diameter tube steel, galvanized and painted black at each gate location in accord with the at- tached picture of such installation and in coordination with the city. Approximate Quantity Unit Price And Unit (Figures) 80 LF $ /~o -- 10 LF $ / ;)...O ,_. $ lcJ too 1 $ <too---- 2 160 LF $ /t)O - 35 Total Amount (Figures) ~¥ (Price in words) $ /~ J.,D.:.> -~ (P cein words) $fr/ . ~tired (Price in words) f-b C> Yzft<vcl (Price in words) $ gr/ . ~ji~:;,~ (Price in words) $ /, ¥tl0' ()l?r:c z!:21Y , <a,& Md red' (Price in words) Total amount of bid in words for ~edule "B":_h?~_a_4'--f'~~Q,~~-l.otr., -r~~tii~-D~v~U~ ..... ¢1-=---· ~n~r~/l-'--..e,,.~-- /2 UIJdf-6tf/ ,/4//#LS -Total amount of bid in numbers for Schedule "B": $ i/ f', 9(20 -----"----17 ........... ~~---------------,, •fi Revised 7/19/17 4 Contract No. 4735 Page 11 of 83 Pages Addendum No. 2 Item No. C-1 C-2 C-3 C-4 C-5 C-6 C-7 SCHEDULE "C" FIRE STATION 5 Approximate Quantity Description And Unit At entrance near visitor parking, install 6 foot 18 LF high black wrought iron fencing with 2 inch black PVC coated galvanized posts and 2 inch frame, to work with C-2 below. At entrance, in line with C-1 above, install 6 foot 1 high by 18 foot wide wrought iron roll gate with 2 inch frame. Include in installa- tion, 1.5 inch steel V-track cut into pavement and patched per Greenbook standards. Also in- clude SL3000 Elite motor or equivalent. Electri- cal by others. Safety Loops (for vehicle exiting). Include concrete cutting and patching per Greenbook standards. Electrical by others. Along south elevation of parking lot from exist- ing chainlink fence behind garage toward hose tower, install 5 foot high black PVC coated chain link fencing with 2-inch black PVC coated pre-galvanized posts. Include one (1) 3 foot wide man-gate in center with lockbox. All connections to be bracketed not welded. At end of south elevation fencing (as coordi- nated with city) install 6 foot high black wrought iron fencing with 2 inch black PVC coated gal- vanized posts and 2 inch frame, to work with C- 6 below. In line with C-5 above, install 6 foot high by 26 foot wide wrought iron roll gate with 2 inch frame. Include in installation, 1.5 inch steel V- track cut into pavement and patched per Greenbook standards. Also include SL3000 Elite motor or equivalent. Electrical by others. Provide and install 6 inch diameter tube steel, galvanized and painted black at each gate loca- tion in accord with the attached picture of such installation and in coordination with the city. 2 220 LF 26 LF 2 Unit Price (Figures) $/Oo,,, p t)cJcJ-$ __ +/--- $ ~000/ $ //0 r $ //, oCJo I Total Amount (Figures) $it~ e.~ '1r41RrtU:§/ (~ e in words) $ j> DVu_. Jtiflliz (Price in words) (Price in words) i:h 12'_ 2.5 A 11 ,7 (Price in words) (Price in words) Total amount of i in wor_s;ls for Schedule "C": 'tev?-+-y 0"1 e.., &d$A~.// S e,1J<V/ i,;;d,.J Q,-,zd s I c;/1') :,,2....5 Total amount of bid in numbers for Schedule "C": $ __ ~--.... ~+-'"""7 ___ 6_0 __ -______________ _ Total amount of bid in numbers including Schedule "A," "B," and "C: $ __ --L9---"4~/'--"~'-V"'--_-_________ _ The basis of award will be the sum of Schedule "A," "B," and "C unless bids for Schedule "C" are rejected, in which case the basis of award will be Schedules "A" and "8" only. Price(s) given above are firm for 90 days after date of bid opening. Addendurn(a) No(s). / tr~ has/have been received and is/are included in this proposal. ,, 5 •+' Revised 7/19/17 Contract No. 4735 Page 12 of83 Pages Addendum Nu. 2 1. See picture below of tube steel pipe bollard to be installed as referenced in Contractor's Proposal, paragraphs 8-9 and C-7. 2. See picture below of V-track to be cut into concrete as referenced in Contractor's Proposal, paragraphs C-2 and C-6. 6 Addendum No. 2 December 22, 2017 ADDENDUM NO. 1 RE: FIRE STATION NOS. 1,4 & 5 SECURITY FENCING CONTRACT NO. 4735 BID NO. PWS18-76TRAN ('City of Carlsbad Please include the attached addendum in the Notice to Bidder/Request for Bids you have for the above project. This addendum--receipt acknowledged--must be included to your bid when your bid is submitted. -/ ,., .. lJ-' ~c, leida Felix Yackel tJ . / Senior Contract Administrator Public Works Contract Administration 1635 Faraday Avenue I Carlsbad, CA 92008 I 760-602-4677 t CITY OF CARLSBAD FIRE STATION NOS. 1, 4 & 5 SECURITY FENCING CONTRACT NO. 4735 BID NO. PWS18-76TRAN Addendum No. 1 From: Steven Stewart, Municipal Projects Manager Phone: (760) 602-7543 steven.stewart@carlsbadca.gov 1635 Faraday Ave Carlsbad, CA 92008 No. of Pages: 9 (including this page) Date: December 22, 2017 Bid Opening Date: January 9, 2018 -11:00 AM (NEW DATE) Notice: This Addendum forms a part of the Contract Documents for the above identified project and modifies portions of the original Contract Documents. Documents not specifically mentioned in this Addendum remain in full force. Contractor must acknowledge receipt of this Addendum on the Bid Form. Failure to do so will subject bidder to disqualification. I. Contract Document Changes: 1. Installation of chain link fencing and wrought iron fencing must be in accordance with "The Greenbook"-Standard Specifications for Public Works Construction. Specific reference is made to paragraphs 206-6 and 304-3 Chain Link Fence. 2. Replace page 5 of the RFB with the attached revised version of page 5 with new due date. 3. Replace Contractor's Proposal in RFB with attached revised Contractor's Proposal form. 4. Contractor shall prepare detailed shop drawings for each Fire Station fence installation project and shall obtain approval of proposed materials prior to start of work. References in Contract Documents to approved drawings, shall be understood as referring to the approved shop drawings prepared by the contractor. Bid No. PWS18 -76TRAN Addendum No. 1 II. Supplemental Information for Bidding Purposes: 1. Contrary to information conveyed at the pre-bid walk, contractor is referred to paragraph 5-1 of the bid documents regarding responsibility to coordinate utility mark out. 2. See attached site sketches depicting requested fencing work. 3. See picture below of tube steel pipe bollard to be installed as referenced in Contractor's Proposal (Revision 1), paragraphs 8-9 and C-7. ·, ··. ·,,. . .. . ,.,_., ;,~+¥, ' '" ¾ ',>,, . ',. \'. :· . ',, ; ... )·:· ... , , _;:i~~' 4. See picture below of V-track to be cut into concrete as referenced in Contractor's Proposal (Revision 1), paragraphs C-2 and C-6. Bid No. PWS18 -76TRAN Addendum No. 1 SCHEDULE "B" FIRE STATION 4 Approximate Item Quantity Unit Price Total Amount No. Description And Unit (Figures) (Figures) B-1 Along north elevation at parking lot curb 80 LF $ $ line, install 5 foot high black wrought-iron fencing with 2x2 inch pre-galvanized and black painted posts and 1x1 inch (Price in words) top/bottom rails. At northwest area of site, route black B-2 wrought-iron fencing (B-1 above) inside 10 LF $ $ of curb face to backside of fire hydrant and over to 2x2 inch pre-galvanized and black painted post. (Price in words) B-3 5 foot high by 24 foot wide single 1 $ $ swing black wrought-iron gate with 2 inch frame and SL3000 Elite motor or equivalent. Electrical wiring by others (Price in words) B-4 Photo eye with controls. Electrical by 1 $ $ others. (Price in words) 8-5 Safety Loops (for vehicle exiting). In-2 $ $ elude concrete cutting and patching per Greenbook standards. Electrical by others. (Price in words) B-6 Along west elevation of driveway, install l 160 LF $ $ foot high black PVC coated chain link fencing with 2-inch black PVC coated pre galvanized posts. All connections to be (Price in words) bracketed not welded. 8-7 Along south elevation of driveway, in-35 $ $ stall 5 foot high black PVC coated chain link fencing with 2-inch black PVC coated pre-galvanized posts. Include (Price in words) one (1) 3 foot wide man-gate in center with lockbox. All connections to be bracketed not welded. At east elevation, install black wrought-1 $ $ B-8 iron gate at walkway to parking lot with pre-galvanized and black painted posts and 1x1 inch top/bottom rails. Include (Price in words) lockbox. B-9 Provide and install 6 inch diameter tube $ $ steel, galvanized and painted black at each gate location in accord with the at- tached picture of such installation and (Price in words) in coordination with the city. Total amount of bid in words for Schedule "B": Total amount of bid in numbers for Schedule "B": $ ,, • ., Revised 7/19/17 Contract No. 4735 Page 11 of 83 Pages SCHEDULE "C" FIRE STATION 5 Approximate Item Quantity Unit Price Total Amount No. Description And Unit (Figures) (Figures) C-1 At entrance near visitor parking, install 6 18 LF $ $ foot high black wrought iron fencing with 2 inch black PVC coated galvanized posts and 2 inch frame, to work with C-2 below. (Price in words) C-2 At entrance, in line with C-1 above, install 6 1 $ $ foot high by 18 foot wide wrought iron roll gate with 2 inch frame. Include in instal- lation, 1.5 inch steel V-track cut into pave-(Price in words) ment and patched per Green book standards Also include SL3000 Elite motor or equiva- lent. Electrical by others. C-3 Safety Loops (for vehicle exiting). Include 2 $ $ concrete cutting and patching per Green- book standards. Electrical by others. (Price in words) Along south elevation of parking lot from existing chainlink fence behind garage to- C-4 ward hose tower, install 5 foot high black 220 LF $ $ PVC coated chain link fencing with 2-inch black PVC coated pre-galvanized posts. All connections to be bracketed not (Price in words) welded. C-5 At end of south elevation fencing (as coordi-26 LF $ $ nated with city) install 6 foot high black wrought iron fencing with 2 inch black PVC coated galvanized posts and 2 inch frame, (Price in words) to work with C-6 below. C-6 In line with C-5 above, install 6 foot high by 1 $ $ 26 foot wide wrought iron roll gate with 2 inch frame. Include in installation, 1.5 inch steel V-track cut into pavement and patched (Price in words) per Greenbook standards. Also include SL3000 Elite motor or equivalent. Electrical by others. Provide and install 6 inch diameter tube C-7 steel, galvanized and painted black at each 2 $ $ gate location in accord with the attached picture of such installation and in coordina- tion with the city. (Price in words} Total amount of bid in words for Schedule "C": Total amount of bid in numbers for Schedule "C": $ Total amount of bid in words including Schedules "A," "B," and "C": __________________ _ Total amount of bid in numbers including Schedule "A," "B," and "C: $. __________________ _ The basis of award will be the sum of Schedule "A," "B," and "C unless bids for Schedule "C" are rejected, in which case the basis of award will be Schedules "A" and "B" only. Price(s) given above are firm for 90 days after date of bid opening. Addendum(a) No(s). _______ has/have been received and is/are included in this proposal. ,, • ., Revised 7/19/17 Contract No. 4735 Page 12 of 83 Pages 5' Black Chain-link Fence f- l 1275 c AP-L5BAD --··-------- \ 0 \ \ Fire Station :1n VILLAu'iE:. DRIVE. Single Manual Wrought Iron Gate r (60'R., Cl SIJ'E··;P A/G.::.o>Mf.; City of Carlsbad · Fire Station No. i 1275 Carlsbad Village Drive Proposed New Fence Line ______ ... __ -__ -_ -.... -.. --.-.... --'-------__ -'-_-_.-_.-_-~_ / .If ,;i,':-'b ,v' ;: ___ ,,., New5'!llack Chain-Link Fence . I // I I I I I I I / I I -..... , ... __ w .. ~ ..... , ________ .___._._., r. LEGEt·~O .. 1b Fl. f'C::, TW TQf' q:. fl-1-Vll'IC, Toi:> ~ c::1.1,.,e ,OL-0¥,; i,INa f'IN~~ TOP OJ"WAl..l... "·---..... , ·-··---... <t: .. -01--,.., ""·1c;;u ''"ro i--~7 S ~ CONC~ j)P.,lt-la ~-.~-11\1."(l~~ \?~~NC. Df:J\.~ E!->J~~c~;& t=i l-ll!!'a'l\;: ""*'\<.. i;>\/UC,\tt~ ' . . 1:1~ ~OJ!llt,a:;r,JG,~ 1,:r .. ,;. t,CT1"Q~l..\S.Qli 1 U~INOICJ,."!fl-c;11/1Qf1alq::.~t.A<l'q:,~"!1----ISO• " lN"""'-M,l>."f'ION 1,;; i~flW O • , 1r .· ~INo;;i;iil.T' 9'1.:.lp INCGNC-~·-S.Slo'. NO'Til • .t,.l.,,.r,')o.l";'T'IN!;i liil..a'IA"';'IQN t=Il @· ~ ~ 'l'<l't'IJ -n.le W;,i/;/) 'e1<'r.111NG ' ,_ '·· '· .............. '·,"I I /1 ' ' ....... ,., 1,. ft.1b.w 7~~ / -1-.~ 11 I // ~;,1 City of Carlsbad Fire Station # 4 6885 Buttercup Road Proposed New Fence Line ,, \ \ \ \ ~A:1 l' {J I I LJ E C, New tl' Wrought Iron Roll Gate 01. CfJ ~ t0 y.. I EXISTING FIRE I STATION #5 ! 348.92 FF I I I ~ City of Carlsbad Fire Station # 5 2540 Orion Way Proposed New Fence Line CITY OF CARLSBAD FIRE STATION NOS. 1, 4 & 5 SECURITY FENCING CONTRACT NO. 4735 City Council City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 CONTRACTOR'S PROPOSAL The undersigned decla he/she has car e location of the work, read the Notice Inviting Bids, examined the 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. 4735 in accordance with the Contract Documents, and addenda thereto and that he/she will take in full payment therefore the following unit prices for each item complete, to wit: SCHEDULE "A" FIRE STATION 1 Item No. Description A-1 5 foot high iron fencing with 2x2 inch pre-galva- nized posts and 1 x1 inch top/bottom rails. A-2 5 foot high by 25 foot wide double swing iron gate with 1.5 inch frame. Approximate Quantity And Unit 7 LF 1 Total amount of bid in words for Schedule "A": Unit Price (Numbers) $ ____ _ $ ____ _ Total Amount (Numbers) $ ____ _ (Price in words) $ ____ _ (Price in words) ----------------- Total amount of bid in numbers for Schedule "A":$ ---------------,, • ., Revised 7/19/17 Contract No. 4735 Page 1 O of 84 Pages SCHEDULE "B" FIRE STATION 4 Approximate Item Quantity Unit Price Total Amount No. Description And Unit (Figures) (Figures) B-1 5 foot high iron fencing 290 LF $ $ with 2x2 inch pre-galva- nized posts and 1x1 inch top/bottom rails. (Price in words) B-2 5 foot high by 4 foot wide 1 $ $ pedestrian gate with lock- box (Price in words) B-3 5 foot high by 14 foot 1 $ $ wide double swing iron gate with 2 inch frame, 1.5 inch V track and SL3000 Elite motor. (Price in words) Electrical wiring by others B-4 Safety loops. 3 $ $ (Price in words) 8-5 Photo eye with controls. 1 $ ____ _ $ ____ _ Electrical by others. (Price in words) Total amount of bid in words for Schedule "B": ----------------- Total amount of bid in numbers for Schedule "B": $ ______________ _ (' • ., Revised 7/19/17 Contract No. 4735 Page 11 of 84 Pages SCHEDULE "C" FIRE STATION 5 Approximate Item Quantity Unit Price Total Amount No. Description And Unit (Figures) {Figures) C-1 6 foot high iron fencing 300 LF $ $ with 2x2 inch pre-galva- nized posts and 1x1 inch top/bottom rails. (Price in words) C-2 6 foot high by 14 foot 2 $ $ wide iron roll gate with 2 inch frame, 1.5 inch V track and SL3000 Elite motor. (Price in words) Electrical wiring by others C-3 Safety loops. 3 $ $ (Price in words) C-4 Photo eye with controls. 2 $ ____ _ $ ____ _ Electrical by others. (Price in words) Total amount of bid in words for Schedule "C": ----------------- Total amount of bid in numbers for Schedule "C": $ --------------- Total amount of bid in words including Schedules "A," "B," and "C": __________ _ Total amount of bid in numbers including Schedule "A," "B," and "C: $ ________ _ The basis of award will be the sum of Schedule "A," "B," and "C". Price(s) given above are firm for 90 days after date of bid opening. Addendum(a) No(s). _______ has/have been received and is/are included in this pro- posal. ,, • ., Revised 7/19/17 Contract No. 4735 Page 12 of 84 Pages 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 capacit of a contractor within the State of California, validly licensed under license num er-,4~....,c......L.11~~-----' classification d-f C.-t:3 which expires on /'. , 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. Accompanying this proposal is _,B__,o._._.a~~---------<Cash, Certified Check, Bond or Cashier's Check) for ten percent (10%) of the amount bid. The Undersigned is aware of the provisions of section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-in- surance 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. 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. " •t' Revised 7/19/17 Contract No. 4735 Page 13 of 84 Pages IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HE~! (1) Name under which business is conducted --~-~....,.<..c-,.;.._ _________ _ (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 __ _,4.~~ .... ..,,.~.......,.'d._-1------------ (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 ____________________ _ , ... •"""I Revised 7/19/17 Contract No. 4735 Page 14 of 84 Pages IF A CORPORATION, SIGN HERE: / 1· (1) Name under which business is conducted Liu k ·-hu : '6 k i--, «' La · Vl( · (2) Impress Corporate Seal here (3) Incorporated under the laws of the State of _CA-...._l _1 f __ . ____ _ (4) Place of Business lL/~2-l Old SN' VAS(Auo.J ? J -. ~ · II ,'\ (Street and Ny!);lber) ti City and State l-; SC c)~ CLU G~ (5) Zip Code °t'2,.0 V) Telephone No. <t,;~ V'Z 4 \ l 2-~- (6) E-Mail da,n @ \tl,/ji-t-1--n'i "';jke.nc.-L ,-"-C. -C C>'iYI NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED 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: Too ~lu~ --PRs ,, • ., Revised 7/19/17 Contract No. 4735 Page 15 of 84 Pages State of California County of San Diego on January 9, 2018 ACKNOWLEDGMENT before me, Novelyn S. Thompson, "Notary Public" (insert name and title of the officer) personally appeared __ D_a_n_F_l_u_d _____________________ _ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under 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. I ...... ; ...... NOVE. l.YN S. THO. MPSON 1 0 .. ·· '· CommiSS1on No. 2063170 o d . " NOTARY PUBLIC-CALIFORNIA § 1 SAN DIEGO COUNTY / ~ Commission Exp1~s Apnl 30, 2018 ~l (Seal) BID SECURITY FORM (Check to Accompany Bid) FIRE STATION NOS. 1, 4 & 5 SECURITY FENCING CONTRACT NO. 4735 (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 _____ ll-¥-"/-,1-/.1-.f}'----------------1 7 ______________________ 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 insur- ance coverage within the stipulated time; otherwise, the check shall be returned to the under- signed. 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 an- other bidder. /---.,? l1~~~fuc~ ~ BID *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.) l' • ., Revised 7/19/17 Contract No. 4735 Page 16 of 84 Pages BIDDER'S BOND TO ACCOMPANY PROPOSAL FIRE STATION NOS. 1, 4 & 5 SECURITY FENCING CONTRACT NO. 4735 KNOW ALL PERSONS BY THESE PRESENTS: That we, 1 igbtC1ivg Fet1c·c-co Joe. , as Principal, and Sur:,·Tec JosJJrauc·e Co,' , 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) rfer ferc,;--r1t of flid /,mount for which payment, well and truly made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above-bounden Principal for: FIRE STATION NOS. 1, 4 & 5 SECURITY FENCING CONTRACT NO. 4735 in the City of Carlsbad, is accepted by the City Council, and if the Principal shall duly enter into and execute a Contract including required bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, being duly notified of said award, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect, and the amount specified herein shall be forfeited to the said City. In the event Principal executed this bond as an individual, it is agreed that the death of Principal shall not exonerate the Surety from its obligations under this bond. SIGNED AND SEALED, this 3rd day of January 2018 Inc. (SEAL) SureTec (SEAL) By: By: ~ ,L Dan Flud, Presjdent Thcma8 W. Thcoipson, k, ··---,- (Print Nameffitle) (Print Nameffitle) Attorney-in-· Fac.t (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY-ATTACH ATTORNEY-IN-FACT CERTIFICATE) APPROVED AS TO FORM: CELIA A BREWER City Attorney / By: (/p- Deputy City Attorney ,~ .., Revised 7/19/17 Contract No. 4735 Page 17 of 84 Pages POA#: 510059 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMP ANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Thomas W. Thompson Jr., Alexis Thompson its true and lawful Attorney-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments , or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for, providing the bond penalty does not exceed Five Million and 00/100 Dollars ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney-in-Fact may do in the premises. Said appointment shall continue in force until 121311219 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizance,, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20th of April, 1999.) ·'l Witness Whereof, SURETEC INSURANCE COMP ANY has caused these presents to be signed by its President, 'ts corporate seal .0 be hereto affixed this 16th day of May , A.D. 2017 . State of Texas County of Harris ss: \\\"1\\11\llU!II//JIJ/IJ 'uRANc"'~, '$'":>,,~··· ..... _(:" ~~ "--~··· '/.. ·,·to Jr, '9 \"" ~ I •~= w( w i~~ a:\ £, i ~, ~--.. , .J. . .l -.:1 ·•·•········· / ,,,,,,.1!.nt\l\_,.,-.: On this 16th day of May , A.D. 2017 before me personally came John Knox Jr., to me known, who, being by me y sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE CO:MP ANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order . • :,"~~~~~::;:,,,_ JACQUELYN GREENLEAF If( •. A.:·r~1Notary Public, State of Texas ~:~:-.. ~ .. -:fE' Comm. Expires 05-18-2021 ,,,y,., •••• ~"'T ... ',,,;,~~1~,,,,' Notary ID 126903029 Jacq elyn Greenleaf, Notary Public· My commission expires May 18, 2021 I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE CO:MP ANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this ........ 3~:r: .... d.._____w_®y mc&--;l,..l~D,..!~8,_' --' A.D. M. B,en( B-t Semta,y Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST. ACKNOWLEDGMENT State of California County of San Diego on January 3, 2018 before me, Novelyn S. Thompson, "Notary Public" (insert name and title of the officer) personally appeared Thomas W. Thompson, Jr. who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under 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. k·--.:· ... NOVELYNs. THOMPso~) ...J :· ..• · Comm1ss,on No. 2003170 0 o . . NOTARY PUBL.IC.CALIFORNIA fii ~ SAN DIEGO COUNTY -l Commission Expires April 30, 2018 f (Seal) State of California County of San Diego on January 3, 2018 ACKNOWLEDGMENT before me, Novelyn S. Thompson, "Notary Public" (insert name and title of the officer) personally appeared __ D_a_n_F_l_u_d _____________________ _ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under 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. (Seal) er,; .:j~i~~~'! '"' , . . NOT Comm,ss,on No. 2063170 ' ,;,; A~:uoa,Euc. CALIFORNIA f; f ., Co . . GOCOUNTY --~=--· -·· mm,sSIOII Expires Apnt 30 f , 2018 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 perfor- mance 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 Cali- fornia whom the Bidder proposes to specially fabricate and install any portion of the work or im- provement 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 Subcon- tractor-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 deter- mined 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. I'\ •+' Revised 7/19/17 Contract No. 4735 Page 18 of 84 Pages Contractor is prohibited from performing any work on this project with a subcontractor who is ineligible to perform work on a public works project pursuant to Labor Code Sections 1771. 1 or 1777.7. Bidders shall make any additional copies of the disclosure forms as may be necessary to provide the required information. The page number and total number of additional form pages shall be entered in the location provided on each type of form so duplicated. ,, • ., Revised 7/19/17 Contract No. 4735 Page 19 of 84 Pages DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS (To Accompany Proposal) FIRE STATION NOS. 1, 4 & 5 SECURITY FENCING CONTRACT NO. 4735 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 Subcontractor Name Phone No. DIR Subcontractor's Amount of Portion of Work by Work and and Email Registration License No. and Subcontractor Location of Business Address No. Classification in Dollars* i I/ Al I / J / I/ I II I I ~ ..--7/ ---_ _;> //I -__.h---:7 ' ;Z/ Pae of a f his ubc ntra r orm g -l.-_i_pgesot S o ctoD~ • Pursuant to section 4104 (a)(3)(A) California Public Contract Code, receipt of the infonnation preceded by an asterisk may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice Inviting Bids-" {\ -~ Revised 7/19/17 Contract No. 4735 Page 20 of 84 Pages -- -~ ----~ BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) FIRE STATION NOS. 1, 4 & 5 SECURITY FENCING CONTRACT NO. 4735 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 Phone Amount Contract Name and Address of Com-of the Employer No. of Person to Type of Work Con- pleted Contract tract A /" S~F _11 //AL h-e7c( / I ,, •+' Revised 7/19/17 Contract No. 4735 Page 21 of 84 Pages LIGHTNING FENCE CO., INC. Proudlr serving Southern California since 1985 Licens1: #757458 ,,ic. Classes A & C-1:S The following is a sample list of several of the jobs completed ---· - Desen Sands School District Indio 1 Iigh School Perimeter Fence -$576,000.00 Installed approximately 4J)00 linear feet of ornamental iron perimeter fencing and concre1e. Contact: Mark Stapleton 951.906.3971 47-950 Dune Palms Rd. Indio. CA City of Newport Bead. Police compound perimeter tencing -$387.000.0( Installed approximately 1,200 linear feet of perimeter security fence and electronic gates at police and fire department compounds. Contact: Mark Puglisi 949.795.6942 P.O. Box 1768 Nev,-port Beach. C,,\ ,:~'itv or San Clemente Casa Romantica·Security Fencing and Gates -$136.600.00 : nstalled approximately 1.800 linear feet of perimeter security fencing at Casa Romantica ~ite location. Contact: Sheldon Ah-Sing 949.361.8200 100 Avenida Ave San Clemente. CA Cit, ,)f Corom, Butterfield Park Field No. 4 Fencing Project -$155.000.00 [nstallcd park fencing including backstops. dugouts. perimeter fencing. and concrete slabs. Contact: Chris Baldino 951.453.0950 400 S. Vicentia Ave Suite 320 Corona. Cl Cal-'! ran~ iree\vay tencing in San Diego County -$548.000.00 Installed approximately 32,000 linear feet of 6. and 8'freeway fencing at the 905 frccwa:, Contact Mario Martinez 760-535-3066 1770 La Costa Meadows Dr. San Marcos ca. 91078 Metropolitan Water District of Southern Cali fornu: Diamond Valley Lake Perimeter Security Fence and Road, Spec# 1581-$511.500.0(; Installed approximately 15,000 li11ear foet of fencing and road Contact: Roy Howard 951.926.7035 33752 Newport Rd Winchester. CA Coachella Valley Water District Coachelia Canal and Lining -$1,220,000.00 Installed approximately l 07,000 feet of canal fencing and lined 16 mammal ponds Contact: A[ Barton 626-945-8024 PO Box l 058 Coachella. CA United States Department of Homeland Security Customs and Border Protection Border Patrol Fencing -$774,600.00 Installed 73,000 feet of 36 .. concertina razor ribbon Contat:t: Romeo Nafarrele 619-216-4096 1300 Pennsylvania Ave NP 1310 Washington DC San Marcos Unified School Distnc, San Marcos High School Fcncing--$111.800.00 Contact: Lisa Stevens 760.290.2650 1615 \V. San Marcos Blvd. San Marcos. CA Encinitas School District Ocean Knoll. Flora Vista, Missions Estancia, an<l La Costa Elementary Schools--$212.000.00 Contact: Barbara Petersen 760. 944.4300 l 0 1 S. Rancho Santa Fe Rd. San Diego. CA State of California Parks and Recreation Seely Perimeter Fencing-$58.000.00 Cuntact: Jan Miller City of San Diego Housing Commission Fence Repair at Three Public Housing Sites--S l 57.000.0C 619.578.7524 9550 Ridgehavcn Ct San Diego. C/\ City or Rancho Cucamonga Beryl Park Netting--$192,400.00 Contact: Walt Stickme 909.477.2740 10500 Civic Center Center Drive Rancho Cucamonga, CA Kern Count: School District Fence Repairs--$194,600.0C C unlact: Ron Jacobs 661.636.4000 1300 17th Street City Center, Bakersfield. CA Cit\' of Whinier Pico Rivera Pump Station Fencing-$167.600.00 562.464.3510 13230 Penn Street, Whittier. CA County of Ventura JJC Additional rencing (CH & SH)---$143,900.00 805.654.2039 Public Works Agency 800 S. Victoria Ave. Ventura, CA City of Irvine Harvard Park Fcncing·--$58.000.0(i Contact: Ron Morgan 949-724-6041 PO Box 19575 Irvine. CA City of Laguna Beach Diamond Crestview Guardrail Construction Project-$43.000.00 C'ontact: Mark Trcssig 494.497.0330 505 Forest Ave. Laguna Beach. CA Countv of Orange 3all Street Bridge--$66,000.00 Contact: Matt Balour 714.567.62]7 8800 Rosecrans Ave. Buena Park. CA ' c·tty of West Covina Maverick Field Netting--$166.000.00 626.939.8425 1444 W. Garvey Ave. South, PO Box 1440 West Covina. CA City of Carlsbad Environmental Protection---$46.000.00 Contact: Paul Harrison 760.602.2460 1635 Faraday Ave. Carlsbad, CA City of La Quinta Fred WolffFencing-$148,900.00 Contact: Steve Howlett 760. 777.123 l 78-495 Calle Tampico PO Box 1504 La Quinta, CA \Vhittier School District Various location fencing-$134,000.00 562.945.6062 14535 E. Whittier Blvd. Whittier. CA Santa Ana Unified School District Installed various perimeter fencing at high schools·--$243,000.00 Contact: PC\B. lnc. 714.662.0227 PO Box 5125 Santa Ana, CA Bureau of I,and Management Cable Rail Fencing---$94,200.00 Contact: Dan Westerrneir 760.251 A8 l 5 County of San Diego Lakeside Linkage Trail lmprovements-$143.400.00 Contact: Mike Duffcck 858.229.428 l 9 l 50 Chesapeake Dr Suite 200 San Diego. CA Lost Hills School District Lost Hills Elementary Improvements_$] 11.000.00 Contact: Wes Sutliffe 661.832.5258 2095 l Pavillion Way Lost Hills Ca. 9324Ci Rim of the World School District '.~ake Arrowhead Elementary School $ ! 76.000.00 ('ontad: April Root 951-684-5901 361:2 Mission Inn Road Riverside Ca. 92501 Cal-Tram Route 1. Morro Bay __ 368,000.00 Contact: Russ Mco\ven 805-549-3111 50 Higuera St San Luis Obispo Ca . . -\nd other public agencies, LFC only perfom1s projects for Government Agencies. LFC has been contracting since 1986 and has never been accessed liquidated damages for a late delivery on any job we '1ave contracted. with any government agency .., ·' BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION (To Accompany Proposal) FIRE STATION NOS. 1, 4 & 5 SECURITY FENCING CONTRACT NO. 4735 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: 'ti Comprehensive General Liability ~ Automobile Liability 'Kl Workers Compensation ,?l 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 in- surance 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. " • ., Revised 7/19/17 Contract No. 4735 Page 22 of 84 Pages ABRD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIOOIYYYY) 02/15/2018 I THIS CERTIFICATE IS ISSUED A$ A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIACATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIACATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy{ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ~M~~'-' Alexis Thompson Tom Thompson Insurance Agency, lnc. f--'~~t..__<858) 279-5951 ----~~(858)~8-- PO Box 235012 f~~ss: alexis@ttins.com ____________ - Encinitas CA 92023-5012 ----------· ----------·--- __ INSURER(S) AFFORDING COVERA~---__ t NAIC # IHSURERA: Allied World Surplus Lines Ins Co -----24319 _ INSURED INSURER B : Wesco Ins Co 25011 -----~-~-- lightning Fence Co., Inc. 111suRERC, Starstone National Ins Co 25496 14321 Old San Pasqual Rd ";SURER D, Everest National Ins Co · 10120 ------·-----~--------- INSURERE: -----·-·------~-----· 1----------- Escondido CA 92025 INSURERF: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: fHIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT \MTH RESPECT TO \NHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PER1AIN, TH£ INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ·~~ TYPEOFINSURANCE a~ POUCYNUIIIISER .. f ~3l5CYEFF ·---------;:;-MITS _______ _ A COMMERCIAL GENERAL LIABILITY 7 CLAIMS-MAD( IX] OCCUR GEN'L AGGREGATE LIMIT APPLIES PER -1 1 j PRO-c-1 POLICY !_: JECT _j LOG I OTHe'R: Contractors Pollution r;~OMOBILE LIA81UlY ~ ANY AUTO B , I ALL OWNED F 7 SCHEDULED . j AUTOS -'. ~ii?JWNED I HIRED AUTOS I AUTOS C -'l ~ UMBRE. LLA UAB _j_ EXCESS UAB -' DED -, RE;ENTION $ Y/N 5057-0753 Iv .y . I I I WPP1590655 79781O172AU ! WORKERS COMPENSATION AND EMPLOYERS' LIABILITY D ANY PROPRIETOR/PARTNER/EXECUTIVE I OFFlCER/MEMBER EXCLUDED? (Mandatory in NH) lf yes, describe under m NIA Y 17600014417181 DESCRIPTION OF OPERATIONS below I EACH OCCURRENCE I s 1,000,000 rc,AWGE°TOt{l=NiEO--J-100 000 ___ _ 1-eflE~ESjEa o=.irrancg)_ $ , __ . . ·-_ ~ED EXP (Any one person) $ 5,000 ___ _ 03/19/2017 03/112018 I PERSONAL&ADVINJURY [ $ 1,000,000 . ··-·-----·-7·---·-··-----· GENERAL AGGREGATE _ $ 2,000,000 __ _ PRODUCTS. COMPIOP_AG;-i-$ 2?000_,_o_oo __ _ Contractors PoUution Ti 1,000,000 I 1;~=~~1SINGLELIMI $ 1,000,000 __ _!)_ _____________ _ BODILY INJURY (Per person) · $ 10117/2017110/1712018 ~ILYINJURY(Peraccid~ $ _ __ 1E?~t:~AMAGE ---+·-----_ j$ EACH OCCURRENCE _ ' $ 4,000,000 12/11/2017 12/11/2018 AGGRE_GATE _____ $ 4,~00,0~ -=- I 02,02,201a / 02,02,2019 I ·. $ PER _JOTH--STATL/Is_. f;;!L _T ______ _, E.L EACH ACCIDENT ' $ 1,000,000 E.L DISEASE-EAEMPLOYE~ 1,000,0_00 -~ E,L. DISEASE· POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VE~ICLES (ACORD 101, Allditional Remarks Schedule, may be attached if more space is ..:quired) The ?ity of Carlsbad, its _officers, agents, employees and servants, are additional i_nsureds. for ongoing and completed operations, with primary and non- contnbutory wordmg, waiver of subr?9at1on and per project aggregate where required by a fully executed written contract with the named insured per the attached Com_mercial Gen~ral Ltabillty endorsement~-The City of Carlsbad, its officers, agents, employees and servants, are additional insureds with rima ~~i~-~n-=tnbutory wo;img and waiver of s_ubrogat1on where required by a fully executed written contract with the named insured per attached Busitess A~to 1~: 1 ~ ~ do~~entsc he City of Carlsbad is subject to a waiver of subrogation where required by a fully executed written contract with the named insured per a ac e ers ompensat1on endorsement. 30 day cancellation with 10 days for non-payment Job: Fire Station No.1, 4 & 5, Contract No. 4735_ CERTIFICATE HOLDER CANCELLATION City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE P.O, Box 4668 -ECM #35050 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN New Yori< ACCORDANCE WITH THE POLICY PROVISIONS. NY 10163 AUTHORIZE~ REPRE§8'1fAJIVE ./'7 ,, / /:'.A ~ /-" / I u~~--/ ---::..-..--· ::.-,.~"' c-·'",,._----c~--~--- ACORD 25 2014/01 © 1988-2014 ACORD CORPOR~. All rights reserved. The ACORD name and logo are registered marks of ACORD / POLICY NUMBER: 5057-0753 COMMERCIAL GENERAL LIABILITY CG 2010 0413 THIS ENDORSEMENT CHANGES THE PQLICY. 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 Any person or organization to whom the Named Insured Where specified by fully executed written contract. has agreed by a fully executed written contract that such person or organization be added as an Additional Insured, but only with respect to operations performed by or on behalf of the Named Insured and only with respect to occurrences subsequent to the making of such fully executed written contract otheiwise covered bv this insurance. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who ls 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 part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted bylaw; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such 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 CG20100413 © Insurance Services Office, Inc., 2012 Page 1 of 2 POLICY NUMBER: 5057-0753 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 2010 0413 © lnsurance Services Office, Inc., 2012 Page2 of 2 POLICY NUMBER: 5057-0753 COMMERCIAL GENERAL LIABILITY CG 20 37 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Oraanization{s) Location And Description Of Completed Operations Any person or organization to whom the Named Where specified by fully executed written contract. Insured has agreed by a fully executed written contract that such person or organization be added as an Additional Insured for Completed Operations Coverage, but only with respect to operations performed by or on behalf of the Named Insured and only with respect to occurrences subsequent to the making of such fully executed written contract otherwise covered by this insurance. 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 "badlly injury" or "property damage" caused. in whole or in part, by ·your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such 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 provided to the aoditional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable limits of Insurance shown in the Declarations. CG 20 37 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 This endorsement. effective: 03/19/2017 (at 12:01 A.M. standard time at the address of the Named Insured as showing in the Declarations) forms a part of Policy No: 5057-0753 Issued to: Lightning Fence Co., Inc. By: Allied World Surplus Lines Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY . • PRIMARY/ NON-CONTRIBUTOR¥ INSURANCE ENDORSEMENT (BLANKET) Name of Person or Organization Name of Project Any person or organization to whom the Named Insured Where specified by fully executed written contract that was has agreed by a written contract that was fully executed fully executed prior to an "occurrence". prior to an "occurrence" that such person or organization be added as an additional insured under this policy on a primary and noncontributory basis, but only with respect to operations performed by or on behalf of the Named Insured and only with respect to "occurrences" subsequent to. the making of such fully executed written contract otherwise covered by this policy. Effective Date: 03/19/2017 It is agreed that this policy is amended as follows: Notwithstanding any other provision of this policy to the contrary, the insurance afforded to the person or organization named in the above Schedule shall be primary to, and non-contributory with, any other insurance available to such person or organization, but only as respects liability resulting from •your work" performed by the Named Insured at the project designated in the Schedule above for the person or organization named in the Schedule above. This endorsement applies only to "bodily injury" or "property damage" caused by an "occurrence" under Coverage A and not otherwise excluded in the policy. All other terms, conditions and exclusions under the policy are applicable to this endorsement and remain unchanged. CSGL 00233 00 08 16 Includes copyrighted material of Insurance Services Offices, Inc., used with its permission Page 1 of 1 POLICY NUMBER: 5057-0753 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS ro·us This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Any person or organization against whom you have agreed to waive your right of recovery in a written contract or written agreement, provided such contract or agreement was executed prior to the date of loss, injury or damage. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against 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 payments we make for injury or damage arising out of your ongoing operations or "your work'' done under a contract with that person or organization and included in the "products- cornpleted operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 0509 © Insurance Services Office, Inc., 2008 Page 1 of 1 a POLICY NUMBER: 5057-0753 COMMERCIAL GENERAL LIABILITY CG 25 03 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Project(s): Any construction project where you have agreed to ·provide a separate Designated Construction Project General Aggregate Limit under a fully executed written contract, provided such contract was executed prior to an "occurrence" or loss. Information reauired to complete this Schedule, if not shown above, will be shown in the Declarations. A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I -Coverage A, and for all medical expenses caused by accidents under Section I -Coverage C, which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. A separate Designated Construction Project General Aggregate Limit applies to each ~esignated construction project, and that limit 1s equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products- completed operations hazard", and for medical expenses under Coverage C regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Pers9ns or 9rijani2ations making claims or bnngrng "suits . 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated Construction Project General Aggregate Limit for that designated construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Construction Project General Aggregate Limit. CG 25 03 05 09 © Insurance Services Office, Inc, 2008 Page 1 of 2 D POLICY NUMBER: 5057-0753 B. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I -Coverage A, and for all medical expenses caused by accidents under Section I -Coverage C, which cannot be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products.completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Designated Construction Project General Aggregate Limit. C. When coverage for liability arising out of the "products-completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products~completed operations hazard" will reduce the Products·completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Construction Project General Aggregate Limit. D. If the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E. The provisions of Section Ill -Limits Of Insurance not otherwise modified by this endorsement Shafi continue to apply as stipulated. Page 2 of2 © Insurance Services Office, Inc., 2008 CG 25 03 05 09 D Wesco Insurance Company 800 Superior Avenue East, 21st Floor Cleveland, OH 44114 Policy Number: WPP1590655 00 Named Insured: Ughtning Fence Co., Inc. COMMERCIAL BUSINESS AUTO COVERAGE DECLARATIONS ITEM ONE: Policy Number WPP1590655 00 Policy Period From: 10/17/2017 To: 10/17/2018 !:? 0'" AM Stan Card "'.";me nt the Name lrislt."tll<;.'5 A,jd:-oss Transaction New Business Named Insured and Address Ughtning Fence Co., Inc. 14321 Old San Pasqual Rd Escondido CA 92025 Business Description Fence Erection Contractor Producer: 51281 Builders & Tradesmen's Insurance Services, Inc. BT!S 6610 Slerra College Blvd Rocklin CA 95677 -0000 Telephone: (916) 772-9200 Type of Business Audit Period Organization Including a Annual Corporation ITEM TWO: SCHEDULE OF COVERAGES AND COVERED AUTOS This policy provides only those coverages where a charge is shown in the premium column below Each coverage wiH apply only to those "autos" shown as covered "autos", indicated by the entry of one or more symbols from the COVERED AUTO Section of the Business Auto Coverage Form next to the name of the coverage. COVERAGES COVERED AUTO SYMBOLS LIABILITY 1 PERSONAL INJURY PROTECTtON (or equivllient no--fllult coverage) ADDED PERSONAL INJURY PROT. (or eouivalent no-fault coveraoe) PROPERTY PROTECTION INS. I 1Mienioan onM AUTO MEDtCAL PAYMENTS 7 UNINSURED MOTORISTS 7 UNDERINSUREO MOTORISTS 'Mien not included in Uninsured Motorists Cover.trua. PHYSICAL DAMAGE 7 COMPREHENSIVE PHYSICAL DAMAGE SPECIFIED CAUSES OF LOSS PHYSICAL DAMAGE COLLISION 7 PHYSICAL DAMAGE TOl/vlNG AND LABOR FORMS AND ENDORSEMENTS"' See Forms and Endorsements Schedule •entry optional tr shown In commcn poli ey declaraUon s. Issued Date: 10/26/2017 CAOEC 0414 LIMIT THE MOST WE WILL PAY FOR ONE ACCIDENT OR LOSS $1,000 000 ~r accident Separately Stated in each PIP endorsement minus Deductible Separately stated in each Added PIP endorsement Separately stated in the P.P.1. endorsement minus Deductible each accldent $5000 Each Insured $1,000,000 Each Accident Actual Cash Value or Cost of Repair, whichever is lesi,, minus tha OeductibJe stated in !he Schedule ofCavered Autos for each coverad auto. See ITEM FOUR for hired or boll'OWed 'autos•. Actual Cash Value or Cost or Repair, whichever is less, minu" the $25 Deductible for each covered auto loss caused by Mischief or Vandalism. See ITEM FOUR for hired or borrowed 'autos'. Actual Fash Value or Cost of Repair. whichever is less, minus the Deductible stated 1n lh Scheckda of Covered Autos for each covered auto. See ITEM FOUR for hired or borrowed ·autos·. $ ft:/1: each disablement of a priwte passenger ·auto· Premium for Endorsements Estimated Total Premium PREMIUM $1,882.00 $75.00 $86.00 $59.00 $144.00 $250.00 $2.496.00 Page 3 of 8 POLICY NUMBER: WPP1590655 00 COMMERCIAL AUTO CA990187 0715 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 endorsement, 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 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. Any organization you newly acquire or form, other than a partnership, 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 period, whichever is earlier; (2) coverage does not apply to "bodily injury", "property damage" or "covered pollution cost or expense" that results from an "accident'' which 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 would have been available but for its termination or the exhaustion of its limits of insurance. This insurance does not apply if coverage for the newly acquired or formed organization is excluded either by the provisions of this coverage form or by endorsement. e. An "employee" of yours is an "insured" 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. Any person or organization you are required by written contract or agreement to name as an additional "insured", but only with respect to liability created in whole or in part by such agreement. B. Increase Of Loss Earnings Payment Subpart (4) of a. Supplementary Payments of Item 2. Coverage Extensions of Paragraph A. Coverage under SECTION ll -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 of time off from work. C. 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: This exclusion does not apply if the "bodily injury" resUlts from the use of a covered "auto" you own or hire. Such coverage as is afforded by this provision is excess over any other collectible insurance. CA990187 0715 Includes Copyrighted Material of Insurance Services Offices, Inc. Page1 of S Used with permission o. Limited Automatic Towing Coverage Item 2. ToWing, of Paragraph A. Coverage, under SECTION Ill -PHYSICAL DAMAGE COVERAGE ls 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 towing and labor for each disablement is $500; b. 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 111 -PHYSICAL DAMAGE COVERAGE, is amended to add: Glass Repal r 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 "loss" arises from a covered Comprehensive "loss" to your "autd'. F. Increase Of Transportation Expense Coverage Subpart a. Transportation Expenses of Item 4. Coverage Extensions of Paragraph A. Coverage under SECTION Ill - PHYSICAL OAMAGE 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 Ga uses 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: "Personal Effects" Coverage We will pay actual cash value fo~_"los_s" ~o "personal effects" of the "insured .. while 1n 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. "Downtime Loss', Coverage Item 4. Coverage Extensions, of Paragraph A. Coverage, under SECTION 111. PHYSICAL DAMAGE COVERAGE, is amended to add: "Downtime Loss,, Coverage We will pay any resulting "downtime loss" expenses you sustain as a result of a covered physical damage "loss" to a covered "auto" up to a 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" beginning on the 5th day after we have given you our agreement to pay for repairs to a covered "auto" and you have given the repair facility your authorization to make repairs; b. Coverage for "downtime loss" expenses will end when any of the following occur: (1) You have a spare or reserve "auto" available to you to continue your operations. (2) You purchase a replacement "auto". (3) Repairs to your covered ''auto" have been completed by the repair facility and they determine the covered "auto" is road-worthy. (4) You reach the 30 day maximum coverage. CA990187 0715 Includes Copyrighted Material of Insurance Services Offices, Inc. Used with permission Page 2of 5 I. Item 4. Coverage Extensions, of Paragraph A. Coverage, under SECTION 111. PHYSICAL DAMAGE COVERAGE, is amended to add: We will pay any resulting rental reimbursement expenses incurred by you for a rental of an "auto" because of "loss" to a covered "auto" upto a 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 rental reimbursement incurred during the poiicy period beginning 24 hours after the "toss" and ending, regardless of the policy expiration, with the number of days reasonably required to repair or replace the covered "auto". If the "loss" is caused by theft, this number of days is the number of days it takes to locate the covered "auto" and return it to you or the number of days it takes for the claim to be settled, whichever comes first. b. Our payment is limited to necessary and actual expenses incurred. c. This coverage does not apply while there are spare or reserve "autos" available to you for your operations. d. If a "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided for under the Physical Damage Coverage Extension. J. "Personal Effects" Exclusion Paragraph B. Exclusions under SECTION 111 -PHYSICAL DAMAGE COVERAGE, is amended to add: "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. K. Accidental Airbag Discharge Coverage Item 3.a. of Paragraph B. Exclusions under SECTION Ill -PHYSICAL DAMAGE COVERAGE is amended to read: 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. L. Loan or Lease Gap Coverage Paragraph C. Limit Of Insurance under SECTION Ill -PHYSICAL DAMAGE COVERAGE is amended to add: If a covered "auto" is owned or leased and if we provide Pr,ysical 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: a. The amount paid under the Physical Damage Coverage Section of the policy; and b. Any: {1) Overdue lease or loan payments including penalties, interest or other charges resulting from overdue payments at the time of the "loss"; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or !ease; (4) Security deposits not refunded by the lessor; and (5) Carry-over balances from previous loans or leases CA9901 ITT 0715 Includes Copyrighted Material of Insurance Services Offices, Inc. Page3 of S Used with permission M. Aggregate Deductible Paragraph D Deductible under SECTlON_ 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". N. Diminishing Deductible Paragraph 0. Deductible under SECTION Ill -PHYSICAL DAMAGE COVERAGE is amended to add: Any deductible will be reduced by the percentage indicated below on the first "loss" reported during the corresponding policy period: Loss Free Policy Periods Deductibht With the Expansion Reduction on the Endorsement first "I oss" 1 0% 2 25% 3 50% 4 75% 5 100% Ii we pay a Physical Damage "loss" during the policy period under any BUSINESS AUTO COVERAGE FORM you have with us, your deductible stated in the Declarations 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 eaoh such COVERAGE FORM if coverage is renewed. O. Knowledge of Loss and Notice To Us Subsection a. of Item 2. Duties In the Event of Accident, Claim, Suit or Loss of Paragraph A. Loss Conditions under SECTION IV -BUSINESS AUTO CONDITIONS is amended to add: However, prompt notice of the "accident", claim, "suit" or "loss" to us or our 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 partnership; (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. P. Waiver Of Subrogation For Auto Liability Losses Assumed Under lnsured Contract Item 5. Transfer Of Rights Of Recovery Against Others To Us of Paragraph A. Loss Conditions under SECTlON 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 this Coverage Form has rights to recover damages from another, those rights 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 Q. Insurance is Primary and Noncontributory Subpart a. of Item 5. Other Insurance of Paragraph B. General Conditions under SECTION IV -BUSlNESS AUTO CONOITIONS is amended to read: a. This insurance is primary and noncontributory, as respects any other insurance, if required in a written contract with you. R. Other Insurance -Hired Auto Physical Damage Subpart b. of Item 5 .. Other 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) A_ny covered "auto" you lease, hrre, rent or borravv; and CA990187 0715 Includes Copyrighted Material of Insurance Services Offices, Inc. Page 4 of 5 Used with permission (2) Any covered "auto" hired or rented by your "employee" under a contract 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 drlver is not a covered "auto", S. Unintentional Failure To Disclose Hazards Paragraph 8. General Conditions under SECTION IV -BUSINESS AUTO CONDI- TIONS is amended to add: S. Your failure to disclose all hazards existing as of the inception date of this policy shall not prejudice 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. T. Additional Definition SECTION V -DEFINITIONS is amended to add: "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 "loss". "Business Income" means: 1. Net Income (Net Profit or 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. CA990187 0715 Includes Copyrighted Material of Insurance Services Offices, Inc. Used with permission Page5 of5 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 040306 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 otherwise due on such remuneration. % of the California workers' compensation premium SCHEDULE PERSON OR ORGANIZATION JOB DESCRIPTION ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER BLANKET WAIVER OF SUBROGATION This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 02-02-18 Policy No. 7600014417181 Endorsement No. 001 Insured LIGHTNING FENCE CO INC Premium $ INCL. Insurance Company EVEREST NATIONAL INSURANCE COMPANY Countersigned By -------------- -1998 by the Workers' Colll)ensation Insurance Rating Bum.au of California. All rights reserved. From the WCIRB's California Vlk>rkers' Compensation Insurance Forms Manual -1999. INSURED COPY ----------------- BIDDER'S STATEMENT RE DEBARMENT (To Accompany Proposal) FIRE STATION NOS. 1, 4 & 5 SECURITY FENCING CONTRACT NO. 4735 1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in thzte of California? J I yes no /V 2) If yes, what was/were the name(s) of the agenc (ies) and what was/were the period(s) of debarment(s)? Attach additional copies of this page to accommodate more than two debar- ments. party debarred party)Jebarred agency agency period of debarment period of debarment kC · (sign he e) :=?ees~cui:f (print name/title) Page+ of-+-pages of this Re Debarment form ., \.., Revised 7/19/17 Contract No. 4735 Page 23 of 84 Pages BIDDER'S DlSCI..OSURE OF DtSCIPUNE RECORD (To Accompany Proposal) FIRE STATION NOS. 1, 4 & 5 SECURITY FENCING CONTRACT NO. 4735 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 Contrac- tors' State license Board z or more times w~hin an eight year period? yes no 2) Has the suspension or rerion of your contractor's license ever been stayed? yes o 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 light year period? yes no 4) Has the suspension or revoca ·on of the license of any subcontractor's that you propose to perform any portion of the rk ever been stayed? yes 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 acti taken therefore. M/J' (If needed attach additional sheets to provide full disclosure.) Page _J_ of~ pages of this Disclosure of Discipline form ,, •ti Revised 7/19/17 Contract No. 4735 Page 24 of 84 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) FIRE STATION NOS. 1, 4 & 5 SECURITY FENCING CONTRACT NO. 4735 6) If the answer to either of 2. or 4. above is yes fully identify, in each and every case, the party who's discipline was stayed, the date of the violation that the disciplinary action pertains to, describe the nature of the violation and the condition (if any) upon which the disciplinary action was stayed. V I I (If needed attach additional sheets to provide full disclosure.) (print name/title) Page -l-of-+-pages of this Disclosure of Discipline form l'\ • ., Revised 7/19/17 Contract No. 4735 Page 25 of 84 Pages NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 FIRE STATION NOS. 1, 4 & 5 SECURITY FENCING CONTRACT NO. 4735 The undersigned declares: Le \v-u, I am the V:~ of ~b~V:.N~ ~-t.~.:., the party making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, com- pany, 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, partner- ship, 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 repre- sents 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 Calif{rnia that the foregoing is true and correct and that this declaration is executed on I _ 9 , 20.ltL at wr•½lt [city], ~ [state]. / ~d r. • .,. Revised 7/19/17 Contract No. 4735 Page 26 of 84 Pages ACKNOWLEDGMENT State of California County of San Diego on January 9, 2018 before me Novelyn S. Thompson, "Notary Public" '---=----------'--------'------(insert name and title of the officer) personally appeared Thomas W. Thompson, Jr. who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under 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. l .:;"· ·. NOVEL YN S. THOMPSON f ~ -,.' ' Comm1ss1on No. 2063170 0 O , . NOTA.RY PUBL.IC-CALIFORNIA fii ~ . SAN DIEGO COUNTY -t,_,,, Commission Exp,~ril 30_ 2018~f (Seal) CONTRACT PUBLIC WORKS This agreement is made this /st day of 7a I\ th ,2018, by and between the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and Lightning Fence Co. Inc., whose principal place of business is 14321 Old San Pasqual Rd., Escondido, CA 92029 (hereinafter called "Contractor"). City and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in the Contract docu- ments for: FIRE STATION NOS. 1, 4 & 5 SECURITY FENCING CONTRACT NO. 4735 (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 Subcontrac- tors, 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 Contrac- tor'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 compli- ance. 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 pay- ments on the last working day of each month. The City shall withhold retention as required by Public Contract Code Section 9203. 5. Independent Investigation. Contractor has made an independent investigation of the jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the work, and is aware of those conditions. The Contract price includes payment for all work that ,, • ., Revised 7 /19/17 Contract No. 4735 Page 27 of 84 Pages may be done by Contractor, whether anticipated or not, in order to overcome underground condi- tions. 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 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. 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 inher- ent 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 require- ments 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 eligi- bility 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 Cali- fornia Labor Code, section 1776, which generally requires keeping accurate payroll records, ver- ifying and certifying payroll records, and making them available for inspection. Contractor shall require all subcontractors to comply with Section 1776. ,., •+' Revised 7/19/17 Contract No. 4735 Page 28 of 84 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. De- fense 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 l'\ •+;' Revised 7 /19/17 Contract No. 4735 Page 29 of 84 Pages to the City, its officials, employees or volunteers. All additional insured endorsements must be evidenced using separate documents attached to the certificate of insurance; one for each com- pany 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 pro- vided 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 cov- erage 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 con- tain 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 sub- contractors 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 endorse- ments 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 in- cluded 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 in- cluded in Section 3 of the General Provisions. In addition, all claims by Contractor for $375,000 ,, •+' Revised 7/19/17 Contract No. 4735 Page 30 of 84 Pages -, or less shall be resolved in accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with section 20104) which are incorporated by ref- erence. 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 pro- visions 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 antici- pation 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 igno- rance 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. () A I have read and understand all provisions of Section 11 above. ~nit .{).¢-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 prin- cipal 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. ,, •+;' Revised 7 /19/17 Contract No. 4735 Page 31 of 84 Pages 14. Security. Securities in the form of cash, cashier's check, or certified check may be substi- tuted 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. 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 sub- contractor 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 pursu- ant 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. Ill Ill Ill /II Ill Ill Ill /II /II /II /II /II /II /II /II Ill /II /II ,, •+' Revised 7 /19/17 Contract No. 4735 Page 32 of 84 Pages "'· .... 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: Inc, By:--------------(sign here) (print name and title) CITY OF CARLSBAD a municipal corporation of the State of California By:~~.~ MKevir}l,Crawfo(d, VCity Manager ~1EST: ~ aJ ~ /YYJ O '.\ 0---: . ~¼t ";-r'Yl._ 3r ara Englesorl","fm ~ 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 C~yAtto~~ By: -Deputy City Attorney " • .,. Revised 7/19/17 Contract No. 4735 Page 33 of 84 Pages State of California County of San Diego on January 25, 2018 ACKNOWLEDGMENT before me, Novelyn S. Thompson, "Notary Public" (insert name and title of the officer) personally appeared __ D_a_n_F_l_ud _____________________ _ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under 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. (Seal) NOVEL YN S. THOMPSON f Commission No 206317 NOTA~~NPUDBLIC-CALIFO:NfA e . . IEGO COUNTY - Comm,ss,on Expires April 30, 2018 J 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 ..5cll"'\ 01 es O On feb. c3,'6, o}OJ'5 Date before me, u 11· c, c'q -r. ~~ /Vo-ta.A/ Au, bl ;c... Here Insert Name and Title of the Officer personally appeared __ e_~~-=----cy----=,-T____,_____,.L__,._13...,,4,,.,r___,b<r .......... -"'--','---. o=---------------- Namew-of Signer/Br' who proved to me on the basis of satisfactory evidence to be the person~ whose name-'8'J is/-are- subscribed to the within instrument and acknowledged to me that hc/.ohe,'4:1-te,; executed the same in histhor/theif, authorized capacit~ and that by his/-Rer/their oignature-'8f on the instrument the perso~, or the entity upon behalf of which the perso~ acted, executed the instrument. Place Notary Seal 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 4~ T. ~ Signature of Notaryub/fc ---------------OPTIONAL--------------- ough this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description o ched Document Title or Type of Docu Number of Pages: ___ · ner(s) Other Than Named Above . .:.-:.-,::;;_ ___________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ___________ ___ · ner's Name: ___________ _ D Corporate Officer -Title(s): -------"'"-D Corporate Officer -Title(s): ______ _ D Partner -D Limited D General artner -D Limited D General D Individual D Attorney in Fa D In · ual D Attorney in Fact D Trustee D Guardia Conservator D Trustee D Guardian or Conservator D Other: ---------,-----------D Other: _______________ _ Signer Is Represent' g: ________ _ ~ ~ National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-8 -6827) Item #5907 LABOR AND MATERIALS BOND Forid ://. 5243411 Premium JocludE:<l WHEREAS, the City of Carlsbad, State of California, on January 18. 2018 has administratively awarded to Lightning Fence Co. Inc .• (hereinafter designated as the "Principal"), a Contract for: FIRE STATION NOS. 1, 4 & 5 SECURITY FENCING CONTRACT NO. 4735 in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of their subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, WE, Lightning Fence Co. Inc., as Principal, (hereinafter designated as the "Contractor''), and SureTec: Jnsura11c:.£· C,o. · as Surety, are held firmly bound unto the City of Carlsbad in the sum of Ninety-Four Thousand One Hundred Ninety Dollars ($94,190). said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontrac- tors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with California Civil Code section 9100, or for amounts due under the Unemployment Insurance Code with respect to the work or labor performed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Develop- ment Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable attor- ney's fees, to be fixed by the court consistent with California Civil Code section 9554. This bond shall inure to the benefit of any of the persons named in California Civil Code section 9100, so as to give a right of action to those persons or their assigns in any suit brought upon the bond . . Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed hereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. 0 Revised 7/19/17 Contract No. 4735 Page 34 of 84 Pages ... In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this 25th day of January ' 20~. CONTRACTOR: Inc.. sign here) Dau Flud (print name here) Pn·fd dent / Cornorati op (title and organization of signatory) By: _____________ _ (sign here) (print-name here) (title and organization ofsignatory) Exec;:uted by SURETY this..:2;.:;·s;.:;tll:.::.1 ___ day of Jariuary 20~. SURETY: SureTec: Insurance Co. (name of Surety} 3131 Cancino del Rio North, SuHe 1450 Sari Diego, CA 92108 (address of Surety) (800) 288--0351 Thomas w. 1hcmpson' Jr. (printed name of Attorney-in-Fact) (attach corporate resolution showing current power of attorney) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be at- tached.) (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 assis- tant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: CELIA A BREWER City Altom~ ·By: . ?-c"~ Deputy City Attorney 0 Revised 7/19/17 Contract No. 4735 Page 35 of 84 Pages POA#: 510059 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMP ANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Thomas W. Thompson Jr., Alexis Thompson its true and lawful Attorney-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments , or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for, providing the bond penalty does not exceed Five Million and 00/100 Dollars ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney-in-Fact may do in the premises. Said appointment shall continue in force until 121311219 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizance,, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20th of April, 1999.) Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, a ·ts corporate seal _, be hereto affixed this 16th day of May , A.D. 2017 • State of Texas ss: County of Harris \\ll'l\11\llUI/III/IJ/// ~''uP.ANc~~..._ ~~""····;········{fo\ J/1 -9 \~\ ,-_; • I -1·• w\ w ;:i,.~ a:\ ':, j ~j ~\ .J. I "'<:J ·, ....... _ ........ /,, * ,tj,\f. w,111mnuull\ On this 16th day of May , A.D. 2017 before me personally came John Knox Jr., to me known, who, being by me y sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMP ANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. ~-'\~~~~{:/j,,,_ JACQUELYN GREENLEAF §'f·jli.·{~~Notary Public, State of Texas ~'Ji; ...... ··~~§ Comm. Expires 05·18-2021 ', f' Of°'~.,, ,,,,,,,.,,,, Notary ID 126903029 Jacq elyn Greenleaf, Notary Public My commission expires May 18, 2021 I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE CO:MP ANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given undec my hand and the seal nf said Company at Houston, Texas this 251 b w ~~: .... --~ ..... 8---' A.D. M. BreniB==nt Semtary ~ny instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST. ACKNOWLEDGMENT State of California County of San Diego on January 25, 2018 before me, Novelyn S. Thompson, "Notary Public" (insert name and title of the officer) personally appeared Thomas W. Thompson, Jr. who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under 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. ca· . ,,.;., NOVELYN S. THOMPSONJ !) . CommiSSion No. 2063170 o u . NOTARY PUBLIC-CALIFORNIA fi, i SAN DIEGO COUNTY ... L Com!"ission Expires April 30, 2018 .J (Seal) . ' ACKNOWLEDGMENT State of California County of San Diego on January 25, 2018 before me, Novelyn S. Thompson, "Notary Public" (insert name and title of the officer) personally appeared __ D_a_n_F_l_ud _____________________ _ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under 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 '-flo+~ (Seal) j ···"·· NOVELYN s TH ~ ~ :·• _ · OMPSONf _, . •.• Commission No_ 2063170 f --NOTARY PUBLIC-CALIFORNIA ~ ~ _ SAN DIEGO COUNTY .... Commission Expires April 30, 2016 J -~ Bond fl 5.743411 Premium $1,413.00 FAITHFUL PERFORMANCE/WARRANTY BOND WHEREAS, the City of Carlsbad, State of California, on January 18, 2018 has administratively awarded to Lightning Fence Co. Inc., (hereinafter designated as the "Principal"), a Contract for: FIRE STATION NOS.1, 4 & 5 SECURITY FENCING CONTRACT NO. 4735 in the City of Carlsbad, in strict conformity with the contract, the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond for the faithful performance and warranty of said Contract; NOW, THEREFORE, WE, Lightning Fence Co. Inc., as Principal,. (hereinafter designated as the "Contractor''), and SureTec: Jnc.uranc.e Co. as Surety, are held firmly bound unto the City of Carlsbad in the sum of Ninety-Four Thousand One Hundred Ninety Dollars ($94,190). said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION-OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, their heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the Contract and any alteration thereof made as therein provided on their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Carlsbad, its officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed there under or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the • specifications. ft {.J Revised 7 /19/17 Contract No. 4735 Page 36 of 84 Pages In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this _2_5t_l_t __ Executed by SURETY this _2_5_tr_.1 ___ day day of law i2ry CONTRACTOR: I _j Cc. Inc. ontractor) Dao EJud (print name here) President / C'onioratlon (Title and Organization of Signatory) By: (sign here) (print name here) (Title and Organization of signatory) of Jar:111ary '20j_a_. SURETY: Sur£•Tec Jnsurance-Co (name of Surety) 3131 Canduo del Fao North, Suite lli.50 San Di E·go, CA 92108 (address of Surety) (BOP) 288-·0'fil (printed name of Attorney-in-Fact) (Attach corporate resolution showing current power of attorney.) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be at- tached.) (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 assis- tant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: CELIA A. BREWER City Attorney By: Deputy City Attorney l' •+; Revised 7 /19/17 Contract No. 4735 Page 37 of 84 Pages POA #: 510059 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMP ANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Thomas W. Thompson Jr., Alexis Thompson its true and lawful Attorney-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments 'or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for, providing the bond penalty does not exceed Five Million and 00/100 Dollars ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney-in-Fact may do in the premises. Said appointment shall continue in force until 12'311219 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20th of April, 1999.) • Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, a: ·ts corporate seal J be hereto affixed this 16th day of May , A.D. 2017 . State of Texas County of Harris ss: ~\\\\\IUIUl/11//IJI// ,•ljRANc/'~, ~~""····;··· .. ·-<.%\ J/1 '<I \~\ '"' • • -0• w \w l )>~ a: C::, j .i!:f ~·· .. , J. / .... , ............. / ""-',Usu11m1~111u\\\~ On this 16th day of May , A.D. 2017 before me personally came John Knox Jr., to me known, who, being by me y sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMP ANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. ,,,~~v·tu,,, JACQUELYN GREENLEAF ~" ..... ~,, :H'( .. A,.;·-:1:% Notary Public, State of Texas ~:~· .. ~.-'.'.J'S Comm. Expires 05-18-2021 ,, .,,., .... ~, ... ',,,f,~~1;,,,,' Notary ID 126903029 Jacq elyn Greenleaf, Notary Public· My commission expires May 18, 2021 I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMP ANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given undec my hand and the seal of said Company at Houston, Texas this 251i!, w ~12z-~fic/2,,..,~ _+-<;J1-1c8,.___, A.D. M. Brent ~nt Secretary ,-\ny instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST. ACKNOWLEDGMENT State of California County of San Diego on January 25, 2018 before me, Novelyn S. Thompson, "Notary Public" (insert name and title of the officer) personally appeared Thomas W. Thompson, Jr. who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under 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. (Seal) f~Q. --···· ·· NOVELYN S i u; .. ·, , . · THOMPSON~ ..., . . Comm,sSion No. 2063170 f ' . NOTARY PUBLIC-CALIFORNIA ;;; ~-. SAN DIEGO COUNTY ... ~~~~!~~~~~~~~~~J ACKNOWLEDGMENT State of California County of San Diego on January 25, 2018 before me, Novelyn S. Thompson, "Notary Public" (insert name and title of the officer) personally appeared __ D_a_n_F_l_ud _____________________ _ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies}, and that by his/her/their signature(s) on the instrument the person(s}, or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under 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 '/1o.+ ~Qr-(Seal) La··'"·· NOVELYNs en ... · · '• ; . · THOMPSON [ -' ,.. Commission o ' . NOTARY PUBUCNo 2063170 n I . . SAN DIEGO ~~LIFORNIA i Commission ExpiresApn1~'l~o1s / 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 -------------------------------ca II e d "Contractor" and ________________________ whose address is _______________________________ _ hereinafter called "Escrow Agent." For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as fol- lows: 1. Pursuant to section 22300 of the Public Contract Code of the State of California, the Con- tractor has the option to deposit securities with the Escrow Agent as a substitute for retention earnings required to be withheld by the City pursuant to the Construction Contract entered into between the City and Contractor for FIRE STATION NOS. 1, 4 & 5 SECURITY FENCING CONTRACT NO. 4735 in the amount of _____________ dated _______ (hereinafter referred to as the "Contract"). Alternatively, on written request of the Contractor, the City shall make pay- ments 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 secu- rities. 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 Es- crow 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' -~ Revised 7/19/17 Contract No. 4735 Page 38 of 84 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 Con- tractor. 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 com- plete 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 pur- suant 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 secu- rities and interest as set forth above. 10. The names of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: For City: Title ------'-F-'-I N;....;.A:.....;.;...:N-=C-=E;...:D=--=l..:....R=E=C'---'T....;::O;..;..R-=----- Name ________________ _ Signature _______________ _ Address 1635 Faraday Avenue, Carlsbad. CA 92008 For Contractor: Title _________________ _ Name ________________ _ Signature _______________ _ Address _______________ _ For Escrow Agent: 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. 4735 Page 39 of 84 Pages IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. For City: Title -----~M;.:_A.:.....:Y...::O::...:.R....,___ ______ _ 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. 4735 Page 40 of 84 Pages GENERAL PROVISIONS FOR FIRE STATION NOS. 1, 4 & 5 SECURITY FENCING CONTRACT NO. 4735 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, in- structed, designated, considered necessary, prescribed, approved, acceptable, satisfactory, or words of like meaning, refer to actions, expressions, and prerogatives of the Engineer. 1-1.1 Reference to Drawings. Where words "shown", "indicated", "detailed", "noted", "sched- uled", or words of similar import are used, it shall be understood that reference is made to the plans accompanying these provisions, unless stated otherwise. 1-1.2 Directions. Where words "directed", "designated", "selected", or words of similar import are used, it shall be understood that the direction, designation or selection of the Engineer is intended, unless stated otherwise. The word "required" and words of similar import shall be un- derstood to mean "as required to properly complete the work as required and as approved by the Engineer," unless stated 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 "ap- proved", "approval", "acceptance", or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Engineer is intended. 1-1.4 Perform. The word "perform" shall be understood to mean that the Contractor, at its ex- pense, shall perform all operations, labor, tools and equipment, and further, including the furnish- ing and installing of materials that are indicated, specified or required to mean 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 bul- letins and all other types of written notices issued to potential bidders prior to opening of Bids. ,, •+; Revised 6/15/17 Contract No. 4 735 Page 41 of 84 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 documen- tation accompanying the Bid and any post-bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Contract, the Bonds, the General Provisions, permits from other agencies, the Technical Specifications, the Supplemental Provisions, the Plans, Stand- ard Plans, Standard Specifications, Reference Specifications, and all Modifications issued after the execution of the Contract. Contractor -The individual, partnership, corporation, joint venture, or other legal entity having a Contract with the Agency to perform the Work. In the case of work being done under permit issued by the Agency, the permittee shall be constructed to be the Contractor. The term "prime contrac- tor" shall mean Contractor. ,, • ., Revised 6/15/17 Contract No. 4735 Page 42 of 84 Contract Price -The total amount of money for which the Contract is awarded. Contract Unit Price -The amount stated in the Bid for a single unit of an item of work. County Sealer -The Sealer of Weights and Measures of the county in which the Contract is let. Days -Days shall mean consecutive work days unless otherwise specified. I 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. 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. Minor Bid Item -A single contract item constituting less than 10 percent (10%) of the original Contract Price bid. Modification -Includes Change Orders and Supplemental Agreements. A Modification may only be used after the effective date of the Contract. Notice of Award -The written notice by the Agency to the successful Bidder stating that upon compliance by it with the required conditions, the Agency will execute the Contract. Notice to Proceed -A written notice given by the Agency to the Contractor fixing the date on which the Contract time will start. Own Organization -When used in Section 2-3.1 -Employees of the Contractor who are hired, directed, supervised and paid by the Contractor to accomplish the completion of the Work. Fur- ther, such employees have their employment taxes, State disability insurance payments, State and Federal income taxes paid and administered, as applicable, by the Contractor. When used in Section 2-3.1 "own organization" means construction equipment that the Contractor owns or leases and uses to accomplish the Work. Equipment that is owner operated or leased equipment with an operator is not part of the Contractor's Own Organization and will not be included for the purpose of compliance with Section 2-3.1. Person -Any individual, firm, association, partnership, corporation, trust, joint venture, or other legal entity. Private Contract -Work subject to Agency inspection, control, and approval, involving private funds, not administered by the Agency. Project Inspector -The Engineer's designated representative for inspection, contract admin- istration and first level for informal dispute resolution. Proposal -See Bid. Reference Specifications -Those bulletins, standards, rules, methods of analysis or test, codes, and specifications of other agencies, engineering societies, or industrial associations referred to ,, • ., Revised 6/15/17 Contract No. 4735 Page 43 of 84 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, Refer- ence Specifications, Supplemental Provisions, and specifications in Supplemental Agreements between the Contractor and the Board. Standard -The shaft or pole used to support street lighting luminaire, traffic signal heads, mast arms, etc. State -State of California. Storm Drain -Any conduit and appurtenances intended for the reception and transfer of storm water. Street-Any road, highway, parkway, freeway, alley, walk, or way. Subbase - A layer of specified material of planned thickness between a base and the subgrade. Subcontractor -An individual, firm, or corporation having a direct contract with the Contractor or with any other Subcontractor for the performance of a part of the Work. Subgrade -For roadways, that portion of the roadbed on which pavement, surfacing, base, sub- base, or a layer of other material is placed. For structures, the soil prepared to support a structure. Supervision -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. Utility -Tracks, overhead or underground wires, pipeline, conduits, ducts, or structures, sewers, or storm drains owned, operated, or maintained in or across a public right of way or private ease- ment. ,, •f' Revised 6/15/17 Contract No. 4735 Page 44 of 84 Work -That which is proposed to be constructed or done under the Contract or permit, including the furnishing of all labor, materials, equipment, and services. 1-3 ABBREVIATIONS 1-3.1 General. The abbreviation herein, together with others in general use, are applicable to these Standard Specifications and to project Plans or other Contract Documents. All abbreviations and symbols used on Plans for structural steel construction shall conform to those given by the "Manual of Steel Construction" published by the American Institute of Steel Construction, Inc. 1-3.2 Common Usage Abbreviation Word or Words ABAN ............................................................. Abandon CMWD .................... Carlsbad Municipal Water District ABAND ...................................................... Abandoned CO ................................................... Cleanout (Sewer) ABS ........................ Acrylonitrile -butadiene -styrene COL ................................................................. Column AC ..................................................... Asphalt Concrete COMM ...................................................... Commercial ACP .......................................... Asbestos cement pipe CONG ............................................................ Concrete ACWS ..................... Asphalt concrete wearing surface CONN ........................................................ Connection ALT ................................................................ Alternate CONST ................................... Construct, Construction APTS ................................ Apartment and Apartments COORD ...................................................... Coordinate AMER STD ................................... American Standard CSP ........................................... Corrugated steel pipe AWG ............... American Wire Gage (nonferrous wire) CSD ............................... Carlsbad Standard Drawings BC .................................................. Beginning of curve CTB ............................................. Cement treated base BCR ....................................... Beginning of curb return CV ............................................................. Check valve BORY ............................................................ Boundary CY ............................................................... Cubic yard BF ..................................................... Bottom of footing D .............................................................. Load of pipe BLDG ........................................ Building and Buildings dB .................................................................. Decibels BM ............................................................ Bench mark DBL ................................................................... Double BVC ................................... Beginning of vertical curve OF ............................................................... Douglas fir BM/ ........................................................... Back of wall DIA ................................................................. Diameter CIC ..................................................... Center to center DIP ..................................................... Ductile iron pipe CAB ...................................... Crushed aggregate base DL ................................................................ Dead load CAL/OSHA. ........... California Occupational Safety and DR. ..................................................... Dimension Ratio Health Administration OT ................................................................. Drain Tile CalTrans ....... California Department of Transportation DWG ............................................................... Drawing CAP ................................... Corrugated aluminum pipe DWY ............................................................. Driveway CB ............................................................. Catch Basin DWY APPR ................................... Driveway approach Cb ........................................................................ Curb E ...................................................................... Electric CBP ............................... Catch Basin Connection Pipe EA ........................................................................ Each CBR ....................................... California Bearing Ratio EC ............................................................ End of curve CCR ............................. California Code of Regulations ECR ................................................ End of curb return CCTV ............................................... Closed Circuit TV EF ................................................................ Each face CES ......................... Carlsbad Engineering Standards EG .......................................................... Edge of gutter CF ................................................................. Curb face EGL. ................................................. Energy grade line CF ................................................................ Cubic foot El .................................................................. Elevation C&G .................................................... Curb and gutter ELG ..................................... Electrolier lighting conduit CFR ................................ Code of Federal Regulations EL T ........................................................ Extra long ton CFS .......................................... Cubic Feet per Second ENGR ....................................... Engineer, Engineering GIP ......................................................... Cast iron pipe EP ................................................... Edge of pavement GIPP ............................................... Cast-in place pipe ESMT ........................................................... Easement CL ............................................. Clearance, center line ETB .......................................... Emulsion-treated base CLF ..................................................... Chain link fence EVC .............................................. End of vertical curb CMB ............................... Crushed miscellaneous base EWA ............................... Encina Wastewater Authority CMG ......................................... Cement mortar-coated EXC ............................................................ Excavation CML ............................................ Cement mortar-lined EXP JT.. ............................................... Expansion joint l'\ -~ Revised 6/15/17 Contract No. 4735 Page 45 of 84 EXST ............................................................... 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 MCR ............................................ Middle of curb return 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 FTG .................................................................. Footing FW ............................................................ Face of wall G ........................................................................... G~ GA. .................................................................... Gauge MEAS ............................................................. Measure MH ................................... Manhole, maintenance hole MIL SPEC .................................... Military specification MISC ..................................................... Miscellaneous MOD .................................................. Modified, modify MON ........................................................... Monument MSL .. Mean Sea Level (Reg. Standard Drawing M-12) MTBM ......................... Microtunneling Boring Machine MULT ............................................................... Mu~p~ MUTCD ..... Manual on Uniform Traffic Control Devices MVL ............................................... Mercury vapor light NCTD .............................. North County Transit District NRCP .............................. Nonreinforced concrete pipe OBS ............................................................... Obsolete GAL. ............................................... Gallon and Gallons OC ............................................................... On center GAL V ......................................................... Galvanized OD .................................................... Outside diameter GAR ........................................... Garage and Garages OE .............................................................. Outer edge GIP .............................................. Galvanized iron pipe GL ......................................... Ground line or grade line GM .............................................................. Gas meter OHE ................................................. Overhead Electric OMWD .................. Olivenhain Municipal Water District OPP ............................................................... Opposite GNV ............................................... Ground Not Visible ORIG ................................................................ Original GP .................................................................. Guy pole GPM ................................................ gallons per minute GR ..................................................................... Grade GRTG .............................................................. Grating GSP ........................................... Galvanized steel pipe H ............................................................ High or height HB .................................................................. Hose bib HC ................................................... House connection HOWL ........................................................... Headwall PB ................................................................... Pull box PC .................................................... Point of curvature PCC ....................... Portland cement concrete or point of compound curvature PCVC ....................... Point of compound vertical curve PE ............................................................ Polyethylene Pl .................................................. Point of intersection PL ............................................................ Property line PMB ............................ Processed miscellaneous base POC ...................................................... Point on curve HGL ............................................. Hydraulic grade line HORIZ .......................................................... Horizontal POT ................................................... Point on tangent PP .............................................................. Power pole HP ............................................................. Horsepower PRC .......................................... Point of reverse curve HPG ................................................ High pressure gas PRVC ............................ Point of reverse vertical curve HPS ............................... High pressure sodium (Light) PSI ......................................... Pounds per square inch HYDR ............................................................ Hydraulic PT .................................................... Point of tangency IE ........................................................ Invert Elevation PVC ................................................. Polyvinyl chloride ID ......................................................... Inside diameter PVMT ........................................................... Pavement INCL. .............................................................. Including INSP ............................................................ Inspection INV ...................................................................... Invert PVT R/W ....................................... Private right-of-way Q ........................ Rate of flow in cubic feet per second QUAD ....................................... Quadrangle, Quadrant IP ................................................................... Iron pipe JC .................................................... Junction chamber R ....................................................................... Radius R&O ......................................................... Rock and oil JCT ................................................................. Junction R/W .......................................................... Right-of-way JS ..................................................... Junction structure RA ....................................................... Recycling agent JT .......................................................................... Joint RAC ................................... Recycled asphalt concrete L ........................................................................ Length LAB ............................................................. Laboratory LAT ................................................................... Lateral RAP ............................... Reclaimed asphalt pavement RBAC .............................. Rubberized asphalt concrete RC ................................................ Reinforced concrete LB ...................................................................... Pound RCB ...................................... Reinforced concrete box LO ..................................................... Local depression ~ ................................................................ Lin~rfocl RCE ...................................... Registered civil engineer RCP ..................................... Reinforced concrete pipe LH ............................................................... Lamp hole LL ................................................................... Live load RCV ........................................... Remote control valve REF .............................................................. Reference LOL ............................................................. Layout line LONG ........................................................ Longitudinal LP ............................................................... Lamp post LPS ................................. Low pressure sodium (Light) LS ............................................................... Lump sum REINF .............................. Reinforced or reinforcement RES .............................................................. Reservoir RGE ........................ Registered geotechnical engineer ROW ....................................................... Right-of-Way RR ................................................................... Railroad ,, •ti' Revised 6/15/17 Contract No. 4735 Page 46 of 84 RSE ............................. Registered structural engineer TAN ................................................................. Tangent RTE .................................... Registered traffic engineer S ................................... Sewer or Slope, as applicable TC .............................................................. Top of curb TEL ................................................... · .......... Telephone SCCP ............................... Steel cylinder concrete pipe TF .......................................................... Top of footing SD .............................................................. Storm drain TOPO ........................................................ Topography SDNR .............................. San Diego Northern Railway TR ........................................................................ Tract SOR ....... Standard thermoplastic pipe dimension ratio TRANS ......................................................... Transition (ratio of pipe O.D. to minimum wall thickness) TS ......................... Traffic signal or transition structure SDRSD ......... San Diego Regional Standard Drawings TSC ............................................. Traffic signal conduit SE ...................................................... Sand Equivalent TSS ........................................... Traffic signal standard SEC ................................................................. Section TW .............................................................. Top of wall SF .............................................................. Square foot TYP ................................................................... Typical SFM ................................................ Sewer Force Main UE .............................................. Underground Electric SI ...................... International System of Units (Metric) USA ................................... Underground Service Alert SPEC ..................................................... Specifications VAR .................................................... Varies, Variable SPPWC .......................................... Standard Plans for VB ................................................................ Valve box Public Works Construction VC .......................................................... Vertical curve SSPWC ............................. Standard Specifications for VCP .................................................. Vitrified clay pipe Public Works Construction VERT ............................................................... Vertical ST HWY ................................................. State highway VOL. ................................................................. Volume ST A ................................................................... Station VWD ...................................... Vallecitos Water District STD ................................................................ Standard W ....................... Water, Wider or Width, as applicable STR .................................................................. Straight WATCH .............. Work Area Traffic Control Handbook STR GR ................................................. Straight grade WI ............................................................ Wrought iron STRUC ......................................... Structural/Structure WM .......................................................... Water meter SW ................................................................. Sidewalk WPJ ........................................... Weakened plane joint SWD ..................................................... Sidewalk drain XCONN ............................................ Cross connection SY ............................................................. Square yard XSEC ..................................................... Cross section T .................................................................. Telephone 1-3.3 Institutions. Abbreviation Word or Words MSHTO ................. American Association of State Highway and Transportation Officials AISC .................................................................... American Institute of Steel Construction ANSI ...................................................................... American National Standards Institute API ...................................................................................... American Petroleum Institute AREA ............................................................. American Railway Engineering Association ASTM ............................................................ American Society for Testing and Materials AWPA ................................................................ American Wood Preservers Association AWS ........................................................................................ American Welding Society AWWA ...................................................................... American Water Works Association FHWA ............................................................................. Federal Highway Administration 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 measur,ement 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 l'\ •ff Revised 6/15/17 Contract No. 4735 Page 47 of 84 Measures are not included in parenthesis, then the SI units shall control. S.I. units and U.S. Stand- ard 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) (Abbreviations) 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 (m2) 1 square yard (yd2) ............................................................................... 0.8361 square meter (m2) 1 cubic foot (ft3) .................................................................................... 0.0283 cubic meter (m3) 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 1 Ampere (A) 1 Volt (V) 1 Candela (cd) 1 Lumen (Im) 1 second (s) SI Units (abbreviation) Commonly Used in Both Systems Common Metric Prefixes ~~~t~~~·) :: :: :: : : : : : :: :: :: : :: :: :: :: :: :: : :: :: : : : : : : : :: :: : : : :: :: : : : : : : : : : : : : : : :: :: : : : :: :: :: : : :: : : : : : : : : : :: :: ~ g~2 milli (m) ................................................................................................. 10-3 ~~~~~~~:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ~ ~:~2 ,, • ., Revised 6/15/17 Contract No. 4735 Page 48 of 84 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 Instruction to Bidders or Notice Inviting Bids. 2-2 ASSIGNMENT. No Contract or portion thereof may be assigned without consent of the Board, except that the Contractor may assign money due or which will accrue to it under the Contract. If given written notice, such assignment will be recognized by the Board to the extent permitted by law. Any assignment of money shall be subject to all proper withholdings in favor of the Agency and to all deductions provided for in the Contract. All money withheld, whether as- signed or not, shall be subject to being used by the Agency for completion of the Work, should the Contractor be in default. 2-3 SUBCONTRACTS. 2-3.1 General. Each Bidder shall comply with the Chapter of the Public Contract Code 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), which- ever 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. ,, •ti Revised 6/15/17 Contract No. 4735 Page 49 of 84 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 Con- tractor a penalty in an amount of not more than 10 percent of the subcontract involved, after a public hearing. Should the Contractor fail to adhere to the provisions requiring the Contractor to complete 50 percent of the contract price with its own organization, the Agency may at its sole discretion elect to cancel the contract or deduct an amount equal to 10 percent of the value of the work performed in excess of 50 percent of the contract price by other than the Contractor's own organization. The Board shall be the sole body for determination of a violation of these provisions. In any proceed- ings 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 deter- mination 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 subcon.., tracted. 2-3.3 Status of Subcontractors. Subcontractors shall be considered employees of the Con- tractor, and the Contractor shall be responsible for their work. 2-4 CONTRACT BONDS. Before execution of the Contract, the Bidder shall file surety bonds with the Agency to be approved by the Board in the amounts and for the purposes noted below. Bonds issued by a surety, who is authorized to issue bonds in California, and whose bonding limitation shown in said circular is sufficient to provide bonds in the amount required by the Con- tract 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 Proce- dure 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. ,, • ., Revised 6/15/17 Contract No. 4735 Page 50 of 84 Both bonds shall extend in full force and effect and be retained by the Agency during this project until they are released according to the provisions of this section. The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 days after recordation of the Notice of Completion and will remain in full force and effect for the one year warranty period and until all warranty repairs are completed to the satisfaction of the Engineer. The bonds to secure payment of laborers and materials suppliers shall be released six months plus 30 days after recordation of the Notice of Completion if all claims have been paid. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the following documents: 1) An original, or a certified copy, of the un-revoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commis- sioner. If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of the insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the execution of the bond. The financial statement shall be made by an officer's certificate as defined in Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may be verified by the oath of the principal officer or manager residing within the United States. Should any bond become insufficient, the Contractor shall renew the bond within 10 days after receiving notice from the Agency. Should any Surety at any time be unsatisfactory to the Board, notice will be given the Contractor to that effect. No further payments shall be deemed due or will be made under the contract until a new Surety shall qualify and be accepted by the Board. Changes in the Work or extensions of time, made pursuant to the Contract, shall in no way 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. Not used 2-5.2 Precedence of Contract Documents. If there is a conflict between Contract Documents, the document highest in precedence shall control. The precedence shall be the most recent edition of the following documents listed in order of highest to lowest precedence: 1) Permits from other agencies as may be required by law. 2) Change orders, whichever occurs last. 3) Contract addenda, whichever occurs last. 4) Contract 5) Manufacturer's Installation Recommendations l'\ • ., Revised 6/15/17 Contract No. 4735 Page 51 of 84 Change Orders, Supplemental Agreements and approved revisions will take precedence over items 2) through 5) above. 2-5.3 Submittals. 2-5.3.1 General. Submittals shall be provided, at the Contractor's expense, as required 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 20 working days for review of submittals unless other- wise specified in the Special Provisions. Each submittal shall be accompanied by a letter of trans- mittal. 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 ma- terials, equipment, tools, labor, and incidentals necessary to complete the Work. 2-7 SUBSURFACE DATA. Not used 2-8 RIGHT-OF-WAY. Rights-of-way, easements, or rights-of-entry for the Work will be pro- vided 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 Con- tractor 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 Sur- veyor 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, herein- after Surveyor to perform all work necessary for establishing control, construction staking, records ,, •fr' Revised 6/15/17 Contract No. 4735 Page 52 of 84 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. 2-9.2.1 Submittal of Surveying Data, All surveying data submittals shall conform to the require- ments of Section 2-5.3.3, "Submittals", herein. The Contractor shall submit grade sheets to the Engineer before commencing work in the area affected by the grade sheets. The Contractor shall submit field notes for all surveying required herein to the Engineer within ten days of performing the survey. All surveying field notes, grade sheets and survey calculations shall be submitted in bound form on 215mm by 280 mm (8½" by 11 ") paper. The field notes, calculations and support- ing data shall be clear and complete. Supporting data shall include all maps, affidavits, plats, field notes from earlier surveys and all other evidence used by the Surveyor to determine the location of the monuments set. The field notes and calculations will be labeled with name of the Surveyor, the party chief, the field crewmembers and the author of the field notes or calculations. They shall be annotated with the date of observation or calculation, be numbered with consecutive page numbers and shall be readable without resort to any electronic aid, computer program or docu- mentation for any computer program. The field notes shall be prepared in conformance with the CAL TRANS "Surveys Manual". The Contractor shall have a Record of Survey prepared by the Surveyor and file it in conformance with §§ 8700 -8805 of the State of California Business and Professions Code when the Surveyor performs any surveying that such map is required under§§ 8762 of the State of California Business and Professions Code and whenever the Surveyor shall establish, set or construct any permanent survey monument. SDRS drawing M-10 type monu- ments, bolts, spikes, leaded tacks and nails (when set in concrete), iron pipes, reinforcing steel and all monuments and marks that are at, or accessory to, property corners and street centerlines are permanent survey monuments. The Record of Survey shall show all monuments set, control monuments used, the basis of bearings and all other data needed to determine the procedure of survey and the degree of accuracy attained by the field surveying including the unadjusted ratio of closure. The unadjusted ratio of closure shall not exceed 1 part in 40,000. The record of survey shall show the location and justification of location of all permanent monuments set and their relation to the street right-of-way. Record(s) of Survey(s) shall be submitted for the Engineer's review and approval before submittal to the County Surveyor and before submittal to the County Recorder. 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 compen- sation for attendant survey work and no additional payment will be made. Payment for the re- placement of disturbed monuments and the filing of records of survey and/or corner records, in- cluding 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 qual- ity and practice required by the Engineer. 2-9.4 Line and Grade. Not used. 2-10 AUTHORITY OF BOARD AND ENGINEER. The Board has the final authority in all mat- ters affecting the Work. Within the scope of the Contract, the Engineer has the authority to enforce compliance with the Plans and Specifications. The Contractor shall promptly comply with instruc- tions from the Engineer or an authorized representative. l'\ • ., Revised 6/15/17 Contract No. 4735 Page 53 of 84 The decision of the Engineer is final and binding on all questions relating to: quantities; accepta- bility 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 Engi- neer, 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 Con- tractor's staff and the staff of all subcontractors to this contract. At any time during normal busi- ness 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 relat- ing 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. Con- tractor and all subcontractors to this contract shall maintain such data and records for as long as may be required by applicable laws and regulations. 2-11 INSPECTION. The Work is subject to inspection and approval by the Engineer. The Con- tractor 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 rep- resentatives 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. {'\ • ., Revised 6/15/17 Contract No. 4735 Page 54 of 84 SECTION 3 -CHANGES IN WORK 3-1 CHANGES REQUESTED BY THE CONTRACTOR. 3-1.1 General. Changes in the Work, requested in writing by the Contractor, which do not ma- terially 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 no additional cost to the Agency. 3-2 CHANGES INITIATED BY THE AGENCY. 3-2.1 General. The Agency may change the Work, 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. 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 in- volved, 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, then an adjustment in payment will be made. This adjustment will be based upon the increase or de- crease in quantity and the Contract Unit Price. If the actual quantity of an item of work covered by a Contract Unit Price and constructed in con- formance with the Plans and Specifications varies from the Bid quantity by 50 percent or less, payment will be made at the Contract Unit Price. 3-2.2.2 Increases of More Than 50 Percent. Should the actual quantity of an item of work cov- ered by a Contract Unit Price and constructed in conformance with the Plans and Specifications, exceed the Bid quantity by more than 50 percent, payment for the quantity in excess of 150 per- cent of the Bid quantity will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Section 3-3. The Extra Work per Section 3-3, basis of payment, shall 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 Specifica- tions, be less than 50 percent of the Bid quantity, an adjustment in payment will not be made unless so requested in writing by the Contractor. If the Contractor so requests, payment will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Section 3-3; ,, • ., Revised 6/15/17 Contract No. 4735 Page 55 of 84 however, in no case will payment be less than would be made for the actual quantity at the Con- tract Unit Price nor more than would be made for 50 percent of the Bid quantity at the Contract Unit Price. 3.2.2.4 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. 3.2.3 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 notifi- cation in writing from the Engineer so stating its elimination. If material conforming to the Plans and Specifications is ordered by the Contractor for use in the eliminated item prior to the date of notification of elimination by the Engineer, and if the order for that material cannot be canceled, payment will be made to the Contractor for the actual cost of the material. In this case, the material shall become the property of the Agency. Payment will be made to the Contractor for its actual costs for any further handling. If the material is returnable, the material shall be returned and payment will be made to the Contractor for the actual cost of charges made by the supplier for returning the material and for handling by the Contractor. Actual costs, as used herein, shall be computed on the basis of Extra Work per Section 3-3. 3-3 EXTRA WORK. 3-3.1 General. New or unforeseen work will be classified as "extra work" when the Engineer determines that it is not covered by Contract Unit Prices or stipulated unit prices. 3-3.2 Payment. 3-3.2.1 General. When the price for the extra work cannot be agreed upon, the Agency will pay for the extra work based on the accumulation of costs as provided herein. 3-3.2.2 Basis for Establishing Costs. (a) Labor. The costs of labor will be the actual cost for wages of workers performing the extra work at the time the extra work is done, plus employer payments of payroll taxes, workers com- pensation insurance, liability insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs, resulting from Federal, State, or local laws, as well as 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 equip- ment 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 Sec- tion 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. ,, •ti Revised 6/15/17 Contract No. 4735 Page 56 of 84 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" pub- lished 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 inci- dentals. Necessary loading and transportation costs for equipment used on the extra work shall be included. If equipment is used intermittently and, when not in use, could be returned to its rental source at less expense to the Agency than holding it at the Work site, it shall be returned, unless the Con- tractor elects to keep it at the Work site, at no expense to the Agency. All equipment shall be acceptable to the Engineer, in good working condition, and suitable for the purpose for which it is to be used. Manufacturer's ratings and approved modifications shall be used to classify equipment and it shall be powered by a unit of at least the minimum rating rec- ommended 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 Con- tractor or Subcontractors. Invoices covering all such items in detail shall be submitted with the request for payment. (e) Invoices. Vendors' invoices for material, equipment rental and other expenditures shall be submitted with the request for payment. If the request for payment is not substantiated by 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. l' •f' Revised 6/15/17 Contract No. 4735 Page 57 of 84 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 Sub- contractor, the markup established in Section 3-3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcon- tracted 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 doc- uments to the Engineer. Failure to submit the daily report by the close of the next working day may waive any rights for that day. An attempt shall be made to reconcile the report daily, and it shall be signed by the Engineer and the Contractor. In the event of disagreement, pertinent notes shall be entered by each party to explain points which cannot be resolved immediately. Each party shall retain a signed copy of the report. Reports by Subcontractors or others shall be submitted through the Contractor. The report shall: 1. Show names of workers, classifications, and hours worked. 2. Describe and list quantities of materials used. 3. Show type of equipment, size, identification number, and hours of operation, including loading and transportation, if applicable. 4. Describe other services and expenditures in such detail as the Agency may require. 3-4 CHANGED CONDITIONS. The Contractor shall promptly notify the Engineer of the fol- lowing Work site conditions (hereinafter called changed conditions), in writing, upon their discov- ery and before they are disturbed: 1. Subsurface or latent physical conditions differing materially from those represented in the Contract; 2. Unknown physical conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in work of the character being per- formed; and ,, •tr Revised 6/15/17 Contract No. 4735 Page 58 of 84 3. Material differing from that represented in the Contract which the Contractor believes may be hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class 11, or Class 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 perfor- mance time, the Contractor, upon submitting a written request, will be granted an extension of time subject to the provisions of 6-6. If the Engineer determines that the conditions do not justify an adjustment in compensation, the Contractor will be notified in writing. This notice will also advise the Contractor of its obligation to notify the Engineer in writing if the Contractor disagrees. The Contractor's failure to give notice of changed conditions promptly upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the Engineer, including failure or refusal to issue a change order, or for the hap- pening 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 par- ticular circumstances giving rise to the potential claim, the reasons for which the Contractor be- lieves 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 condi- tions. Verbal notifications are disallowed. The potential claim shall include the following certification relative to the California False Claims Act, Government Code Sections 12650-12655. "The undersigned certifies that the above statements are made in full cognizance of the California False Claims Act, Government Code Sections 12650-12655. The undersigned further under- stands and agrees that th· potential claim, unless resolved, must be restated as a claim in re- sponse tot ity's pro ed final estimate in order for it to be further considered." Title: Date: /-d--. C}.--/ cf Company Name: h ~ h -rfn, '.-1__? rc.qc;. "'--= <=.c 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 l'\ •+;' Revised 6/15/17 Contract No. 4735 Page 59 of 84 affected work is completed. Failure to do so shall be sufficient cause for denial of any claim sub- sequently 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 re- quest that the Contractor meet and present its report. When additional information or a meeting is requested the City will provide its position within 10 working days of receipt of said additional information or Contractor's presentation of its report. The Contractor may appeal each level's position up to the City Manager after which the Contractor may proceed under the provisions of the Public Contract Code. The authority within the dispute resolution chain of command is limited to recommending a reso- lution to a claim to the City Manager. Actual approval of the claim is subject to the change order provisions in the contract. All claims by the -Contractor 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 Sec- tion 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: {'\ •+; Revised 6/15/17 Contract No. 4735 Page 60 of 84 (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. (8) 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 Univer- sity, 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, polit- ical 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 de- partment. (iv) The Department of Corrections and Rehabilitation with respect to any project under its juris- diction 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. (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 gov- erning 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 l' -~ Revised 6/15/17 Contract No. 4735 Page 61 of 84 demand in writing an informal conference to meet and confer for settlement of the issues in dis- pute. 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 set- tlement of the dispute. (B) Within 10 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. (E) This section does not preclude a public entity from requiring arbitration of disputes under pri- vate 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 re- quest 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 pre- sented 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. ,, • ., Revised 6/15/17 Contract No. 4735 Page 62 of 84 (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 con- tractual 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 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, (8) 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 specifica- tions for any work which may give rise to a claim under this article. (d) This article applies only to contracts entered into on or after January 1, 1991. 20104.2. For any claim subject to this article, the following requirements apply: (a) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is 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. ,, •ti Revised 6/15/17 Contract No. 4735 Page 63 of84 (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 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 ( com- mencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. 20104.4. The following procedures are established for all civil actions filed to resolve claims sub- ject 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 re- quirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator. (b)(1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Proce- dure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure) shall apply to any proceeding brought under the subdivision consistent with the rules pertaining to judicial arbitration. {'\ •tr Revised 6/15/17 Contract No. 4735 Page 64 of 84 (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators ap- pointed for purposes of this article shall be experienced in construction law, and, upon 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 differ- ent 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 undis- puted except as otherwise provided in the contract. (b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law. Although not to be construed as proceeding under extra work provisions, the Contractor shall keep and furnish records of disputed work in accordance with Section 3-3. ,, •,;' Revised 6/15/17 Contract No. 4735 Page 65 of 84 SECTION 4-CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP. 4-1.1. General. All materials, parts, and equipment furnished by the Contractor in the Work shall be new, high grade, and free from defects. Quality of work shall be in accordance with the gener- ally accepted standards. Material and work quality shall be subject to the Engineer's approval. Materials and work quality not conforming to the requirements of the Specifications shall be con- sidered defective and will be subject to rejection. Defective work or material, whether in place or not, shall be removed immediately from the site by the Contractor, at its expense, when so di- rected by the Engineer. If the Contractor fails to replace any defective or damaged work or material after reasonable no- tice, the Engineer may cause such work or materials to be replaced. The replacement expense will be deducted from the amount to be paid to the Contractor. Used or secondhand materials, parts, and equipment may be used only if permitted by the Spec- ifications. 4-1.2 Protection of Work and Materials. The Contractor shall provide and maintain storage facilities and employ such measures as will preserve the specified quality and fitness of materials to be used in the Work. Stored materials shall be reasonably accessible for inspection. The Con- tractor shall also adequately protect new and existing work and all items of equipment for the duration of the Contract. The Contractor shall not, without the Agency's consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be neces- sary for the completion of the Contract. 4-1.3 Inspection Requirements. 4-1.3.1 General. Unless otherwise specified, inspection is required at the source for such typical materials and fabricated items as bituminous paving mixtures, structural concrete, metal fabrica- tion, metal casting, welding, concrete pipe manufacture, protective coating application, and similar shop or plant operations. Steel pipe in sizes less than 18 inches and vitrified clay and cast iron pipe in all sizes are accepta- ble upon certification as to compliance with the Specifications, subject to sampling and testing by the Agency. Standard items of equipment such as electric motors, conveyors, elevators, plumbing fixtures, etc., are subject to inspection at the job site only. Special items of equipment such as designed electrical panel boards, large pumps, sewage plant equipment, etc., are subject to in- spection at the source, 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, ,, •+r" Revised 6/15/17 Contract No. 4735 Page 66 of 84 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 nec- essary 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 pur- chase materials, fabricated products, or equipment from sources located more than 50 miles out- side the geographical limits of the Agency, an inspector or accredited testing laboratory (approved by the Engineer}, shall be engaged by the Contractor at its expense, to inspect the materials, equipment or process. This approval shall be obtained before producing any material or equip- ment. The inspector or representative of the testing laboratory shall judge the materials by the requirements of the Plans and Specifications. The Contractor shall 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 ex- pense, shall deliver the materials for testing to the place and at the time designated by the Engi- neer. 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 re-notify 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 require- ments 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 ,, -~ Revised 6/15/17 Contract No. 4735 Page 67 of 84 approved material from other approved sources. If any product proves unacceptable after im- proper storage, handling or for any other reason it shall be rejected, not incorporated into the work and shall be removed from the project site all at the Contractor's expense. Compaction tests may be made by the Engineer and all costs for tests that meet or exceed the requirements of the specifications shall be borne by the Agency. Said tests may be made at any place along the work as deemed necessary by the Engineer. The costs of any retests made necessary by noncompliance with the specifications shall be borne by the Contractor. 4-1.5 Certification. The Engineer may waive materials testing requirements of the Specifica- tions and accept the manufacturer's written certification that the materials to be supplied meet those requirements. Material test data may be required as part of the certification. 4-1.6 Trade Names or Equals. The Contractor may supply any of the materials specified or offer an equivalent. The Engineer shall determine whether the material offered is equivalent to that specified. Adequate time shall be allowed for the Engineer to make this determination. Whenever any particular material, process, or equipment is indicated by patent, proprietary or brand name, or by name of manufacturer, such wording is used for the purpose of facilitating its description and shall be deemed to be followed by the words or equal. A listing of materials is not intended to be comprehensive, or in order of preference. The Contractor may offer any mate- rial, process, or equipment considered to be equivalent to that indicated. The substantiation of offers shall be submitted as provided in the contract documents. The Contractor shall, at its expense, furnish data concerning items offered by it as equivalent to those specified. The Contractor shall have the material tested as required by the Engineer to determine that the quality, strength, physical, chemical, or other characteristics, including durabil- ity, finish, efficiency, dimensions, service, and suitability are such that the item will fulfill its in- tended function. Test methods shall be subject to the approval of the Engineer. Test results shall be reported promptly to the Engineer, who will evaluate the results and determine if the substitute item is equivalent. The Engineer's findings shall be final. Installation and use of a substitute item shall not be made until approved by the Engineer. If a substitute offered by the Contractor is not found to be equal to the specified material, the Contractor shall furnish and install the specified material. The specified Contract completion time shall not be affected by any circumstance developing from the provisions of this section. The Contractor is responsible for the satisfactory performance of substituted items. If, in the sole opinion of the Engineer, the substitution is determined to be unsatisfactory in performance, ap- pearance, durability, compatibility with associated items, availability of repair parts and suitability of application the Contractor shall remove the substituted item and replace it with the originally specified item at no cost to the Agency. 4-1. 7 Weighing and Metering Equipment. All scales and metering equipment used for propor- tioning materials shall be inspected for accuracy and certified within the past 12 months by the 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. ,, •f' Revised 6/15/17 Contract No. 4735 Page 68 of 84 The accuracy of the work of a scale service agency, except as stated herein, shall meet the standards of the California Business and Professions Code and the California Code of Regula- tions pertaining to weighing devices. A certificate of compliance shall be presented, prior to oper- ation, to the Engineer for approval and shall be renewed whenever required by the Engineer at no cost to the Agency. All scales shall be arranged so they may be read easily from the operator's platform or area. They shall indicate the true net weight without the application of any factor. The figures of the scales shall be clearly legible. Scales shall be accurate to within 1 percent when tested with the plant shut down. Weighing equipment shall be so insulated against vibration or moving of other oper- ating equipment in the plant area that the error in weighing with the entire plant running will not exceed 2 percent for any setting nor 1.5 percent for any batch. 4-1.8 Calibration of Testing Equipment. Testing equipment, such as, but not limited to pres- sure gages, metering devices, hydraulic systems, force (load) measuring instruments, and strain- measuring devices shall be calibrated by a testing agency acceptable to the Engineer at intervals not to exceed 12 months and following repairs, modification, or relocation of the equipment. Cal- ibration certificates shall be provided when requested by the Engineer. 4-2 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 Engi- neer 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. ,, •ff Revised 6/15/17 Contract No. 4735 Page 69 of 84 SECTION 5 -UTILITIES 5-1 LOCATION. The Agency and affected utility companies have, by a search of known rec- ords, endeavored to locate, 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 is not guaranteed. Where underground main distribution conduits such as water, gas, sewer, electric power, tele- phone, or cable television exist, 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 (Under- ground 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 sup- port of any utility without authority from the owner or order from the Agency. All valves, switches, vaults, and meters shall be maintained readily accessible for emergency shutoff. Where protection is required to ensure support of utilities located as shown on the Plans or in accordance with Section 5-1, the Contractor shall, unless 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. {'\ •+;' Revised 6/15/17 Contract No. 4735 Page 70 of 84 Where concrete is used for backfill or for structures which would result in embedment, or partial embedment, of a metallic utility installation; or where the coating, bedding or other cathodic pro- tection system is exposed or damaged by the Contractor's operations, the Contractor shall notify the Engineer and arrange to secure the advice of the affected utility owner regarding the proce- dures required to maintain or restore the integrity of the system. 5-3 REMOVAL. Unless otherwise specified, the Contractor shall remove all interfering por- tions 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 be- fore 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. 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. 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 prop- erty line, or between a meter and the limits of temporary construction or slope easements. The relocation of such service connections will be paid for in accordance with provisions of Section 3- 3. Payment will include the restoration of all existing improvements which may be affected thereby. The Contractor may agree with the owner of any utility to disconnect and reconnect in- terfering service connections. The Agency will not be involved in any such agreement. In conformance with Section 5-6 the Contractor shall coordinate the work with utility agencies and companies. Prior to the installation of any and all utility structures within the limits of work by any utility agency or company, or its contractor, the Contractor shall place all curb or curb and gutter that is a part of the work and adjacent to the location where such utility structures are shown on the plans and are noted as being located, relocated or are 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. Such temporary omission shall be for the Contractor's convenience and no additional compensa- tion will be allowed therefore or for additional work, materials or delay associated with the tempo- rary omission. The portion thus omitted shall be constructed by the Contractor immediately fol- lowing the relocation of the utility involved unless 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 ,, • ., Revised 6/15/17 Contract No. 4735 Page 71 of 84 in writing of any subsequent changes in the construction schedule which will affect the time avail- able for protection, removal, or relocation of utilities. The Contractor will not be entitled to damages or additional payment for delays attributable to utility relocations or alterations if correctly located, noted, and completed in accordance with Sec- tion 5-1. The Contractor may be given an extension of time for unforeseen delays attributable to unrea- sonably protracted interference by utilities in performing work correctly shown on the Plans. The Agency will assume responsibility for the timely removal, relocation, or protection of existing main or trunkline utility facilities within the area affected by the Work if such utilities are not iden- tified in the Contract Documents. The Contractor will not be assessed liquidated damages for any delay caused by failure of Agency to provide for the timely removal, relocation, or protection of such existing facilities. If the Contractor sustains loss due to delays attributable to interferences, relocations, or altera- tions not covered by Section 5-1, which could not have been avoided by the judicious handling of forces, equipment, or plant, there shall be paid to the Contractor such amount as the Engineer may find to be fair and reasonable compensation for such part of the Contractor's actual loss as was unavoidable and the Contractor may be granted an extension of time. 5-6 COOPERATION. When necessary, the Contractor shall so conduct its operations as to permit access to the Work site and provide time for utility work to be accomplished during the progress of the Work. ,, • ., Revised 6/15/17 Contract No. 4735 Page 72 of84 SECTION 6-PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Except as other- wise provided herein and unless otherwise prohibited by permits from other agencies as may be required by law the Contractor shall begin work within 10 work days after receipt of the "Notice to Proceed". 6-1.1 Pre-Construction Meeting. After, or upon, notification of contract award, the Engineer will set the time and location for the Preconstruction Meeting. Attendance of the Contractor's management personnel responsible for the management, administration, and execution of the project is mandatory for the meeting to be convened. Failure of the Contractor to have the Con- tractor's responsible project personnel attend the Preconstruction Meeting will be grounds for default by Contractor per Section 6-4. No separate payment will be made for the Contractor's attendance at the meeting. The notice to proceed will only be issued on or after the completion of the preconstruction meeting. 6-2 PROSECUTION OF WORK. To minimize public inconvenience and possible hazard and to restore street and other work areas to their original condition and state of usefulness as soon as practicable, the Contractor shall diligently prosecute the Work to completion. If the Engineer determines that the Contractor is failing to prosecute the Work to the proper extent, the Contractor shall, upon orders from the Engineer, immediately take steps to remedy the situation. All costs of prosecuting the Work as described herein shall be included in the Contractor's Bid. Should the Contractor fail to take the necessary steps to fully accomplish said purposes, after orders of the Engineer, the Engineer may suspend the work in whole or part, until the Contractor takes said steps. As soon as possible under the provisions of the Specifications, the Contractor shall backfill all 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. The work in- cludes the installation of iron fencing, posts and gates at Fire Stations 1, 4 and 5. Work shall start at Fire Station 1 and only upon acceptance by Engineer as to adequacy of work, shall work con- tinue at Fire Station 4. Upon acceptance by Engineer as to adequacy of work at Fire Station 4, work shall continue at Fire Station 5. 6-3 SUSPENSION OF WORK. 6-3.1 General. The Work may be suspended in whole or in part when determined by the Engi- neer that the suspension is necessary in the interest of the Agency. The Contractor shall comply immediately with any written order of the Engineer. Such suspension shall be without liability to the Contractor on the part of the Agency except as otherwise specified in Section 6-6.3. l'\ .... Revised 6/15/17 Contract No. 4735 Page 73 of 84 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 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 prem- ises. The Agency may then take possession of all material and equipment and complete the Work by Agency forces, by letting the unfinished Work to another Contractor, or by a combination of such methods. In any event, the cost of completing the Work shall be charged against the Con- tractor and its Surety and may be deducted from any money due or becoming due from the Agency. If the sums due under the Contract are insufficient for completion, the Contractor or Surety shall pay to the Agency within 5 days after the completion, all costs in excess of the sums due. The provisions of this section shall be in addition to all other rights and remedies available to the Agency under law. 6-5 TERMINATION OF CONTRACT. The Board may terminate the Contract at its own dis- cretion or when conditions encountered during the Work make it impossible or impracticable to proceed, or when the Agency is prevented from proceeding with the Contract by act of God, by law, or by official action of a public authority. 6-6 DELAYS AND EXTENSIONS OF TIME. 6-6.1 General. If delays are caused by unforeseen events beyond the control of the Contractor, such delays will entitle the Contractor to an extension of time as provided herein, but the Contrac- tor will not be entitled to damages or additional payment due to such delays, except as provided in 6-6.3. Such unforeseen events may include: war, government regulations, labor disputes, strikes, fires, floods, adverse weather or elements necessitating cessation of work, inability to obtain materials, labor or equipment, required extra work, or other specific events as may be further described in the Specifications. ,, • ., Revised 6/15/17 Contract No. 4735 Page 74 of 84 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 Con- tractor will not be entitled to damages or additional payment due to such delays, except as pro- vided in Section 6-6.3. If delays beyond the Contractor's control are caused solely by action or inaction by the Agency, such delays will entitle the Contractor to an extension of time as provided in Section 6-6.2. 6-6.2 Extensions of Time. Extensions of time, when granted, will be based upon the effect of delays to the Work. They will not be granted for non-controlling 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 clas- sification of each workman and supervisor and the make and model of each piece of equipment placed on standby, the cumulative duration of the standby, the Contractor's opinion of the cause of the delay and a cogent explanation of why the Contractor could not avoid the delay by reason- able means. Should the Contractor fail to provide the notice(s) required by this section the Con- tractor 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 Con- tract for such portion. The time of completion of the Contract shall be expressed in working days. The Contractor shall diligently prosecute the work to completion within 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, ,., •+;' Revised 6/15/17 Contract No. 4735 Page 75 of 84 4. any other day designated as a holiday in a Master Labor Agreement entered into by the Contractor or on behalf of the Contractor as an eligible member of a contractor associa- tion, 5. any day the Contractor is prevented from working at the beginning of the workday for cause as defined in Section 6-6.1, 6. any day the Contractor is prevented from working during the first 5 hours with at least 60 percent of the normal work force for cause as defined in Section 6-6.1. Unless otherwise approved in writing by the Engineer, the hours of work shall be between the hours of 7:00 a.m. and 4:00 p.m. on Mondays through 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 Con- tractor is beneficial to the best interests of the Agency. The Contractor shall pay the inspection costs of such work. 6-7.3 Contract Time Accounting. The Engineer will make a daily determination of each work- ing day to be charged against the Contract time. These determinations will be discussed and the Contractor will be furnished a periodic statement showing allowable number of working days of Contract time, as adjusted, at the beginning of the reporting period. The statement will also indi- cate the number of working days charged during the reporting period and the number of working days of Contract time remaining. If the Contractor does not agree with the statement, it shall file a written protest within 15 days after receipt, setting forth the facts of the protest. 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 com- pleted and all outstanding deficiencies that may exist are corrected by the Contractor and the Engineer is satisfied that all the materials and workmanship, and all other features of the Work, meet the requirements of all of the specifications for the Work. Use, temporary, interim or perma- nent, of all, or portions of, the Work does not constitute acceptance of the Work. If, in the Engi- neer's judgment, the Work has been completed and is ready for acceptance the Engineer will so certify to the Board. Upon such certification by the Engineer the Board may accept the completed Work. Upon the Board's acceptance of the Work the Engineer will cause a "Notice of Completion" to be filed in the office of the San Diego County Recorder. The date of recordation shall be the date of completion of the Work. All work shall be warranted for one (1) year after recordation of the "Notice of Completion" and any faulty work or materials discovered during the warranty period shall be repaired or replaced by the Contractor, at its expense. Twenty-five percent of the faithful performance bond shall be retained as a warranty bond for the one year warranty period. The Contractor shall replace or repair any such defective work in a manner satisfactory to the Engineer, after notice to do so from the Engineer, and within the time specified in the notice. If the Contractor fails to make such replacement or repairs within the time specified in the notice, the Agency may perform this work and the Contractor's sureties shall be liable for the cost thereof. 6-9 LIQUIDATED DAMAGES. Not used. ,, • ., Revised 6/15/17 Contract No. 4735 Page 76 of 84 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 appurtenances. 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 improvem~nt resulting from use by public traffic or from the action of the elements or from any other cause, except Contractor operations or negligence. The Contractor will not be required to reclean such portions of the im- provement before field acceptance, except for cleanup made necessary by its operations. Nothing in this section shall be construed as relieving the Contractor from full responsibility for correcting defective work or materials. In the event the Agency exercises its right to place into service and utilize all or part of any com- pleted facility or appurtenance, the Agency will assume the responsibility and liability for injury to persons or property resulting from the utilization of the facility or appurtenance so placed into service, except for any such injury to persons or property caused by any willful or negligent act or omission by the Contractor, Subcontractor, their officers, employees, or agents. ,, •+;' Revised 6/15/17 Contract No. 4735 Page 77 of 84 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 ap- plicable provisions of the Labor Code and Federal, State, and local laws related to labor. The Contractor shall strictly adhere to the provisions of the Labor Code regarding minimum wages; the 8-hour day and 40-hour week; overtime; Saturday, Sunday, and holiday work; and nondiscrimination because of race, color, national origin, sex, or religion. The Contractor shall forfeit to the Agency the penalties prescribed in the Labor Code for violations. 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 agree- ment 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 respon- sibility 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 re- maining 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' com- pensation or to undertake self-insurance in accordance with the provi- sions of that code, and I will comply with such provisions before com- mencing the performance of the work of this contract." l'\ • ., Revised 6/15/17 Contract No. 4735 Page 78 of 84 The Contractor shall also comply with Section 3800 of the Labor Code by securing, paying for, and maintaining in full force and effect for the duration of the contract, complete Workers' Com- pensation Insurance, and shall furnish a Certificate of Insurance to the Engineer before execution of the Contract. The Agency, its officers, or employees, will not be responsible for any claims in law or equity occasioned by failure of the Contractor to comply with this paragraph. All compensation insurance policies shall bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration or proposed cancellation of such policies for any reason whatsoever, the Agency shall be notified by registered mail not less than 30 days before expiration or cancellation is effective. All insurance is to be placed with insurers that are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. Policies issued by the State Compensation Fund meet the requirement for workers' compensation insurance. 7-5 PERMITS. Except as specified herein the Contractor will obtain, at no cost to the Contrac- tor all City of Carlsbad encroachment, right-of-way and building permits necessary to perform work for this contract on Agency property, streets, or other rights-of-way. Contractor shall not begin work until all permits incidental to the work are obtained. The Contractor shall obtain and pay for all permits for the disposal of all materials removed from the project. The cost of said permit(s) shall be included in the price bid for the appropriate bid item and no additional compen- sation will be allowed therefore. The Contractor shall obtain and pay for all costs incurred for permits necessitated by its operations such as, but not limited to, those permits required for night work, overload, blasting, and demolition. For private contracts, the Contractor shall obtain all per- mits 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. 7-6 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 pres- ence to take measures necessary to protect the Work, persons, or property. Any order or com- munication given to this representative shall be deemed delivered to the Contractor. A joint ven- ture shall designate only one representative and alternate. In the absence of the Contractor or its representative, instructions or directions may be given by the Engineer to the superintendent or person in charge of the specific work to which the order applies. Such order shall be complied with promptly and referred to the Contractor or its representative. In order to communicate with the Agency, the Contractor's representative, superintendent, or per- son in charge of specific work shall be able to speak, read, and write the English language. 7-7 COOPERATION AND COLLATERAL WORK. The Contractor shall be responsible for ascertaining the nature and extent of any simultaneous, collateral, and essential work by others. The Agency, its workers and contractors and others, shall have the right to operate within or adjacent to the Work site during the performance of such work. The Agency, the Contractor, and each of such workers, contractors and others, shall coordinate their operations and cooperate to minimize interference. l'\ • ., Revised 6/15/17 Contract No. 4735 Page 79 of 84 The Contractor shall include in its Bid all costs involved as a result of coordinating its work with others. The Contractor will not be entitled to additional compensation from the Agency for dam- ages resulting from such simultaneous, collateral, and essential work. If necessary to avoid or minimize such damage or delay, the Contractor shall redeploy its work force to other parts of the Work. Should the Contractor be delayed by the Agency, and such delay could not have been reasonably foreseen or prevented by the Contractor, the Engineer will determine the extent of the delay, the effect on the project, and any extension of time. 7-8 PROJECT SITE MAINTENANCE. 7-8.1 Cleanup and Dust Control. Throughout all phases of construction, including suspension of work, and until the final acceptance, the Contractor shall keep the site clean and free from rubbish and debris. The Contractor shall also abate dust nuisance by cleaning, sweeping and sprinkling with water, or other means as necessary. The use of water resulting in mud on public streets will not be permitted as a substitute for sweeping or other methods. 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. Cleanup and dust control required herein shall also be executed on weekends and other non-working days when needed to preserve the health safety or welfare of the public. The Con- tractor shall conduct effective cleanup and dust control throughout the duration of the Contract. The Engineer may require increased levels of cleanup and dust control that, in his/her sole dis- cretion, are necessary to 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 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 installa- tions, pavement, structures, etc.) which are damaged or removed as a result of its operations. When a portion of a sprinkler system within the right-of-way must be removed, the remaining lines shall be capped. Repairs and replacements shall be at least equal to existing improvements and shall match them in finish and dimension. 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 l'\ • ., Revised 6/15/17 Contract No. 4735 Page 80 of 84 nearly the original condition and location as is reasonably possible. Lawns shall be reseeded and covered with suitable mulch. All costs to the Contractor for protecting, removing, and restoring existing improvements shall be included in the Bid. 7-10 PUBLIC CONVENIENCE AND SAFETY. 7-10.1 Traffic and Access. The Contractor's operations shall cause no unnecessary inconven- ience. The access rights of the public shall be considered at all times. Unless otherwise author- ized, traffic shall be permitted to pass through the Work, or an approved detour shall be provided. Safe and adequate pedestrian and vehicular access shall be provided and maintained to: fire hydrants; commercial and industrial establishments. 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 cross- ings 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. 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 com- pany, Coast Waste Management at 929-9417. 7-10.2 Storage of Equipment and Materials in Public Streets. Construction materials shall not be stored in streets, roads, or highways for more than 5 days after unloading. All materials or equipment not installed or used in construction within 5 days after unloading shall be stored else- where by the Contractor at its expense unless authorized additional storage time. Construction equipment shall not be stored at the Work site before its actual use on the Work nor for more than 5 days after it is no longer needed. Time necessary for repair or assembly of equip- ment may be authorized by the Engineer. 7-10.3 Special Hazardous Substances and Processes. Materials that contain hazardous sub- stances or mixtures may be required on the Work. A Material Safety Data Sheet as described in Section 5194 of the California Code of Regulations shall be requested by the Contractor from the manufacturer of any hazardous products used. Material usage shall be accomplished with strict adherence to California Division of Industrial Safety requirements and all manufacturer warnings and application instructions listed on the Ma- terial Safety Data Sheet and on the product container label. The Contractor shall notify the Engineer if a specified product cannot be used under safe condi- tions. 7-10.4 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 ,., • ., Revised 6/15/17 Contract No. 4735 Page 81 of 84 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 ROYAL TIES. 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 infringe- ment of patents. 7-12 ADVERTISING. The names, addresses and specialties of Contractors, Subcontractors, architects, or engineers may be displayed on removable signs. The size and location shall be subject to the Engineer's approval. Commercial advertising matter shall not be attached to or painted on the surfaces of buildings, fences, canopies, or barricades. 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 reg- ulations. Municipal ordinances that affect this work include Chapter 11.06. Excavation and Grad- ing. 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 pur- chases of goods, services, or materials pursuant to the public works contract or subcontract. The assignment shall be made and become effective at the time the awarding body tenders final pay- ment to the contractor, without further acknowledgment of the parties." SECTION 8 -FACILITIES FOR AGENCY PERSONNEL 8-1 GENERAL. Field facilities for Agency personnel are not required. ,, • .., Revised 6/15/17 Contract No. 4735 Page 82 of 84 SECTION 9 -MEASUREMENT AND PAYMENT 9-1 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 requested by the Engineer, the Contractor shall submit to the Engineer within 15 days after award of Contract, a detailed schedule, to be used only as a basis for determining progress pay- ments 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. 9-2 PAYMENT 9-2.1 General. The quantities listed in the Bid schedule will govern final payment. The lump sum prices to be paid shall be full compensation for the items of work and all appurtenant work, includ- ing 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 precau- tions which are the Contractor's responsibility have not been taken and are not reasonably ex- pected to be taken, the Agency may, after reasonable attempt to notify the Contractor, cause such precautions to be taken and shall charge the cost thereof against the Contractor, or may deduct such cost from any amount due or becoming due from the Agency. Agency action or inaction under such circumstances shall not be construed as relieving the Contractor or its Surety from liability. Payment shall not relieve the Contractor from its obligations under the Contract; nor shall such payment be construed to be acceptance of any of the Work. Payment shall not be construed as the transfer of ownership of any equipment or materials to the Agency. Responsibility of owner- ship shall remain with the Contractor who shall be obligated to store any fully or partially com- pleted work or structure for which payment has been made; or replace any materials or equipment required to be provided under the Contract which may be damaged, lost, stolen or 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 re- cordation of the "Notice of Completion." ,, •,;' Revised 6/15/17 Contract No. 4735 Page 83 of 84 If, within the time fixed by law, a properly executed notice to stop payment is filed with the Agency, due to the Contractor's failure to pay for labor or materials used in the Work, all money due for such labor or materials will be withheld from payment to the Contractor in accordance with appli- cable laws. At the expiration of 35 days from the date of acceptance of the Work by the Board, or as pre- scribed by law, the amount deducted from the final estimate and retained by the Agency will be paid to the Contractor except such amounts as are required by law to be withheld by properly executed and filed notices to stop payment, or as may be authorized by the Contract to be further retained. ,, •+;' Revised 6/15/17 Contract No. 4735 Page 84 of 84