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Home My WebLink AboutLos Angeles Engineering Inc; 2018-06-27; PWS18-123PKSRECORDED REQUESTED BY CITY OF CARLSBAD AND WHEN RECORDED PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 DOC# 2020-0116014 111111111111 lll1111111111111111! 11111111111111111111111111111111111111 Mar 05, 2020 02:15 PM OFFICIAL RECORDS Ernest ,I Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES $0 00 (SB2 Atkins $0 00) PAGES 1 Space above this line for Recorder's use. PARCEL NO: NOTICE OF COMPLETION Notice is hereby given that: n/a 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 Dec. 6, 2019. 6. The name of the contractor for such work or improvement is Los Angeles Engineering, 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 Nos. 4604/4605, Aviara Community Park Phase II and Poinsettia Community Park Phase Ill Construction Projects. 8. The street address of said property is 6435 Ambrosia Ln. (Aviara) and 6600 Hidden Valley Rd. (Poinsettia), in the City of Carlsbad. VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California, 92008; the City Manager of said City on 3 / ,3 , 2o_g__/)_, accepted the above described work as completed and ordered thlt a Notice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on __,,,3.c...+J_4..___ __ ~, 20-.J.4 at Carlsbad, California. J CITY OF CARLSB~D _r:~ l-leci,;r Gcrnez. Oepvi.t ,er BAR8ARAENGLE~ ( _j City Clerk Ct) C)(H( Q:\Public Works\PW Common\CAPITAL-ACTIVE\4604 4605 Aviara Pointsettia\3 -Construction\NOC.doc CITY OF CARLSBAD ACCEPTANCE OF PUBLIC IMPROVEMENTS COMPLETION OF PUBLIC IMPROVEMENTS Los Angeles Engineering, Inc: has completed the contract work required for Project Nos. 4604/4605, Aviara Community Park Phase II and Poinsettia Community Park Phase Ill Construction Projects. City forces have inspected the work and found it to be satisfactory. The work consisted of: IMPROVEMENTS Aviara & Poinsettia Park improvements (gathering space with stage, picnic areas, restrooms, multi- sports field, playground, pickle ball courts) VALUE $7,365,402 CERTIFICATION OF COMPLETION OF IMPROVEMENTS 1neeringManag~ ::::--,.. 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. is hereby directed to commence maintaining the above described Date APPROVED AS TO FORM: CELIA BREWER, City Attorney Q:\Public Works\PW Common\CAPITAL-ACTIVE\4604 4605 Aviara Pointsettia\3 -Construction\APl.doc Project: 4604/4605, Aviara Community Park Phase II & Poinsettia Community Park Phase Ill Construction Projects Change Order No. 6 CITY OF CARLSBAD CONTRACT CHANGE ORDER NO. 06 -FINAL PROJECT: 4604/4605, Aviara Community Park Phase II & Poinsettia Community Park Phase Ill Construction Projects CONTRACT NO. 4604/4605 ACCOUNT NO. 332 7000 9060 46041 9066 320 7000 9060 46043 9066 320 7000 9060 46051 9066 CONTRACTOR: Los Angeles Engineering, Inc. ADDRESS: 633 N. Barranca Avenue Covina, CA 91723 P.O. NO. P136347 P136357 (escrow) 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: Add additional Aviara Park patio canopy framing including ledgers, joists and hardware per direction in RFI 41. (COR 15; RFI 41) Increase to contract cost.. .............................................................. $12,637.57 Item 2: Transport approximately 600 CY of excess spoils from the Poinsettia pickleball courts lot to the future Poinsettia dog park. Includes installation of storm water BMPs and sod patching and irrigation for path of travel. (COR 25) Item 3: Increase to contract cost.. ............................................................... $23,074.86 Modify grade around the Aviara plaza and community building per grade changes in RFI 74. (COR 26; RFI 74) Increase to contract cost.. ................................................................ $7,435.53 Project: 4604/4605, Aviara Community Park Phase II & Poinsettia Community Park Phase Ill Construction Projects Change Order No. 6 Item 4: Item 5: Item 6: Item 7: Item 8: Item 9: Modify the stucco plan (scratch, brown and color coats) per the instructions in ASI 8. Includes subcontractor remobilization costs due to Aviara fireplace structural revisions delay. (COR 30; ASI 8) Increase to contract cost.. ................................................................ $3,475.41 Add three additional 24" ash trees to Poinsettia tot lot. Work includes all labor and materials per standard installation per other plan locations. (COR 35, RFI 63, ASI 9) Increase to contract cost. ................................................................. $2,417.29 Add approximately 262 SF of standard concrete footings with #15 topcoat finish for dugouts at the Poinsettia lower arena. (COR 36; RFI 94) Increase to contract cost.. ................................................................ $2,029.80 Install six additional area drains at the new Poinsettia tot lot per RFI 80. (COR 38) Increase to contract cost.. ................................................................ $2,951.53 Regrade and rework areas compromised by excessive rains at the Poinsettia lower arena and tot lot per RFI 86. (COR 39) Increase to contract cost. ................................................................ $20,000.00 Add approximately 14 feet of curb on the west side of the sidewalk adjacent to the northwest comer of the Poinsettia pickle ball courts; also place additional curbing and mow strips around the large ash tree south of the Poinsettia tot lot. (COR 40; RFI 98; RFI 114) Increase to contract cost.. ................................................................ $2,874.60 Item 10: Install additional roof frame supports for the Poinsettia arena dugout roof frame per direction in RFI 116. (COR 43) Increase to contract cost.. ................................................................ $1,052.36 Item 11: Reroute approximately 60 feet of irrigation line at Poinsettia Park and install additional heads at tot lot on Time & Materials basis per Working Drawings 90001 and 90003. (COR 44) Increase to contract cost. ................................................................. $5,841.06 Item 12: Add protective sleeve to existing reclaimed irrigation line between Poinsettia tot lot and soccer field per directions in RFI 27. (COR 45) Increase to contract cost.. ............................................................... $12,000.00 Project: 4604/4605, Aviara Community Park Phase II & Poinsettia Community Park Phase Ill Construction Projects Change Order No. 6 Item 13: Relocate existing irrigation line and valve boxes near Poinsettia tot lot in conflict with revised sidewalk location. (COR 46) Increase to contract cost. ................................................................. $2,646.04 Item 14: Install SDG&E fire resistant backing in Aviara equipment closet per request from City IT staff and Working Drawing 90020. (COR 47) Increase to contract cost. .................................................................... $920.85 Item 15: Install approximately 35' of 4" perforated pipe along the south end of the Poinsettia arena as shown in RFI 72 response and connect to catch basin. (COR 48) Increase to contract cost.. ................................................................ $1,273.89 Item 16: Provide rubberized protective play underlayment at 5 mounds at the Poinsettia tot lot in lieu of the specified foam under the synthetic turf. (COR 49) Increase to contract cost.. ................................................................ $5,462.26 Item 17: Provide temporary watering at Poinsettia Park of new and existing plants by hand until County irrigation system inspections are complete. (COR 50; T&M Tickets) Increase to contract cost. ................................................................. $9,265.56 Item 18: Revise the netting system over five gates at the Poinsettia arena to allow 18" taller clearance. Work includes 2 3/8" post extensions, sleeves, welded eyes, collars, rope edging and cable. (COR 51 ). Increase to contract cost.. ................................................................ $1,591.91 Item 19: Replace all 1 O' wide broken sidewalk panels leading from Poinsettia lower parking lot down to lower Poinsettia arena. (COR 52) Increase to contract cost.. ............................................................... $29,540.83 Item 20: Sealcoat approximately 13,813 SF of the Aviara parking lot with GuardTop®, restripe and paint curbs per existing, protect all inlets and provide traffic control. (COR 53) Increase to contract cost. ................................................................ $14,401.99 Item 21: Install a grounding system and grounding bar in the Aviara IT closet. (COR 54) Increase to contract cost.. ................................................................ $3,063.32 Item 22: Complete revisions to the Aviara fireplace chimney, doors and surround with additional framing, sheet metal, steel angle and tubing and hardware per the City's responses to RFI 111 and 121. (COR 55) Increase to contract cost. ................................................................ $13,043.65 Project: 4604/4605, Aviara Community Park Phase II & Poinsettia Community Park Phase Ill Construction Projects Change Order No. 6 Item 23: Replace three sections of large SDG&E electrical box lids at Poinsettia tot lot with Christy's 848 (2) and 852 (1) sections. (COR 59) Increase to contract cost.. ................................................................ $1,334.52 Item 24: Install housekeeping concrete pad under the trash and recycling bin set on planter area by Aviara south entrance door. Also add 4' x 3' topcast finish concrete pad by drinking fountain at front of Icon shelter per revised drawing LC-1.0 (CCO 61 ). Increase to contract cost.. ................................................................... $796.83 Item 25: Place mulch at Poinsettia park south of pickle ball courts and at the mid-terrace level of the future dog park. City Parks Department to provide mulch. (CCO 62) Increase to contract cost.. ................................................................... $844.73 Item 26: Remove load of cobblestones from Poinsettia Park near pickle ball courts. (CCO 63) Increase to contract cost. ................................................................... $1,481.99 Item 27: Rewire Musco lighting controls at Poinsettia lower arena to connect to the existing soccer field lighting controls. (CCO 64) Increase to contract cost. ..................................................................... $433.14 Item 28: Reimbursement to City for Contractor's use of power at new Aviara building. Decrease to contract cost.. .............................................................. ($1,000.43) Item 29: Reduce cost of Item 1 from CCO 1. Installation services removed from scope. Contractor to deliver two light poles to City facilities as directed. Decrease to contract cost. ............................................................... ($1,267.00) Item 30: Replace Poinsettia tot lot "teeter tunnel" with two "unity steppers" and related work based on quote from Zasueta Contracting, Inc. dated Dec. 12, 2019. Increase to contract cost.. ................................................................ $3, 182.30 TOTAL INCREASE TO CONTRACT COST ................................................... $182,806.39 TIME FOR COMPLETION OF ALL WORK UNDER THIS CONTRACT SHALL BE INCREASED BY EIGHTY-THREE (83) WORKING DAYS AS A RESULT OF THIS CHANGE ORDER. THE NEW CONTRACT COMPLETION DATE IS DEC. 6, 2019. THIS IS THE FINAL CHANGE ORDER FOR THE CONTRACT AND CONSTITUTES A FINAL SETTLEMENT OF ALL ISSUES AND CLAIMS RELATING TO ANY CHANGES IN THE WORK, WHICH IS THE SUBJECT OF THIS CHANGE ORDER, INCLUDING, BUT NOT Project: 4604/4605, Aviara Community Park Phase II & Poinsettia Community Park Phase Ill Construction Projects Change Order No. 6 LIMITED TO ALL DIRECT AND INDIRECT COSTS ASSOCIATED WITH SUCH CHANGES AND ALL ADJUSTMENT TO THE CONTRACT PRICE AND CONTRACT TIME. 1/1:11~ (DATE) CITY MANAGER (DATE) 1/1L.J/,,20 (DATE) 21~"2:b (DATE) DISTRIBUTION: PROJECT FILE (ORIGINAL), PURCHASING, CONTRACTOR • Project: 4604/4605, Aviara Community Park Phase II & Poinsettia Community Park Phase Ill Construction Projects Change Order No. 5 CITY OF CARLSBAD CONTRACT CHANGE ORDER NO. 05 PROJECT: 4604/4605, Aviara Community Park Phase II & Poinsettia Community Park Phase Ill Construction Projects CONTRACT NO. 4604/4605 ACCOUNT NO. 332 7000 9060 46041 9066 320 7000 9060 46043 9066 320 7000 9060 46051 9066 CONTRACTOR: Los Angeles Engineering, Inc. ADDRESS: 633 N. Barranca Avenue Covina, CA 91723 P.O. NO. P136347 P136357 (escrow) 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: Add approximately 336 LF of 2.5' tall (18" reveal) battered Type B wall with additional reinforcement at the bottom of the western edge of the arena complex adjacent to the existing sidewalk. Also includes, installation of approximately, 36 LF of 6"x12" curb, mow curb installed between the synthetic turf and shrub area, removal & replacement of conflicting improvements, demo of existing retaining wall, adding retaining headwalls at inlet drains, regrade of slopes, and extension of landscape & irrigation. All work to be completed by 8/17/19. Price is lump sum. (PCO 42) Increase to contract cost.. ............................................................. $121, 115.82 TOTAL INCREASE TO CONTRACT COST .................................................. $121, 115.82 ,, Project: 4604/4605, Aviara Community Park Phase II & Poinsettia Community Park Phase Ill Construction Projects Change Order No. 5 TIME FOR COMPLETION OF ALL WORK UNDER THIS CONTRACT SHALL BE INCREASED BY FIVE (5) WORKING DAYS AS A RESULT OF THIS CHANGE ORDER. RECQ~Y: . ~3 --,~/L~ MUNICIPAL PROJECTS MANAGER (DATE .8' /4 ~ ;; 'i' (DATE) (DA E) t/;)oh r (DATE) "2.11AV6&~ (DATE) DISTRIBUTION: PROJECT FILE (ORIGINAL), PURCHASING, CONTRACTOR • Project: 4604/4605, Aviara Community Park Phase II & Poinsettia Community Park Phase Ill Construction Projects Change Order No. 4 CITY OF CARLSBAD CONTRACT CHANGE ORDER NO. 04 PROJECT: 4604/4605, Aviara Community Park Phase II & Poinsettia Community Park Phase Ill Construction Projects CONTRACT NO. 4604/4605 ACCOUNT NO. 332 7000 9060 46041 9066 320 7000 9060 46043 9066 320 7000 9060 46051 9066 CONTRACTOR: Los Angeles Engineering, Inc. ADDRESS: 633 N. Barranca Avenue Covina, CA 91723 P.O. NO. P136347 P136357 (escrow) 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: Item 2: Item 3: Increase Bid Item A-4 Erosion Control/SWPPP for Aviara Park. Increase to contract cost. ................................................................. $25,000.00 Increase Bid Item B-4 Erosion Control/SWPPP for Poinsettia Park. Increase to contract cost. .................................................................. $40,000.00 Add eight (8) working days to the contract due to weather delays between February and May 2019. Increase to contract cost.. .......................................................................... $0.00 TOTAL INCREASE TO CONTRACT COST .................................................. $65,000.00 TIME FOR COMPLETION OF ALL WORK UNDER THIS CONTRACT SHALL BE INCREASED BY EIGHT (8) WORKING DAYS AS A RESULT OF THIS CHANGE ORDER. r .. ' Project: 4604/4605, Aviara Community Park Phase II & Poinsettia Community Park Phase Ill Construction Projects Change Order No. 4 DISTRIBUTION: PROJECT FILE (ORIGINAL), PURCHASING, CONTRACTOR Project: 4604/4605, Aviara Community Park Phase II & Poinsettia Community Park Phase Ill Construction Projects Change Order No. 3 CITY OF CARLSBAD CONTRACT CHANGE ORDER NO. 03 PROJECT: 4604/4605, Avlara Community Park Phase II & Poinsettia Community Park Phase Ill Construction Projects CONTRACT NO. 4604/4605 P.O. NO. P136347 P136357 (escrow) ACCOUNT NO. 332 7000 9060 46041 9066 320 7000 9060 46043 9066 320 7000 9060 46051 9066 CONTRACTOR: Los Angeles Engineering, Inc. ADDRESS: 633 N. Barranca Avenue Covina, CA 91723 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: Item 2: Item 3: Install larger 1.5" water meter and backflow device at Aviara site point of connection and install protective stainless steel backflow cage. (PCO 6; RFI 11; FO 1) Increase to contract cost. .................................................................. $6,846.74 Increase custom fireplace footing to 6' 4" inches wide with 1.5' minimum footing extension from exterior face of CMU fireplace on each side; modify fireplace metal door frame and add embedments to accommodate fireplace revisions and changes to fireplace door lock system. (PCO 9 R2; RFI 34; ASl1) Increase to contract cost. .................................................................. $8,481.06 Install ledgers and joists to lower ceiling in Room 101 to an overall height of 10.5'. (PCO 14; RFI 59) Increase to contract cost.. ................................................................. $2,335.00 Project: 4604/4605, Aviara Community Park Phase II & Poinsettia Community Park Phase Ill Construction Projects Change Order No. 3 Item 4: Change 146 LF of Type A wall and 6" curb at the Poinsettia Park multi-sport arena to a 3' -4' high Type B retaining wall per SDRSD C-9 and details in RFI 35 response. (PCO 16; RFI 35) Item 5: Increase to contract cost.. ................................................................ $42,611 .45 Furnish and install two gate lock boxes for steel gates 102 and 103 at the Aviara restroom area per the drawings provided in RFI 44. (PCO 21; RFI 44; FO 2) Increase to contract cost. ................................................................... $1,000.00 Item 6: Place an 8" thickened edge of pervious concrete from the southwest retaining wall at the outside the multi-sport arena to correct ADA grades on adjacent walkways and paths. (PCO 22; RF ls 62 & 71) Item 7: Item 8: Increase to contract cost.. .................................................................. $9,954.79 Export and dispose of 610 cubic yards of additional soil spoils not identified in the plans from the Aviara job site. (PCO 23) Increase to contract cost. ................................................................. $27,548.44 Install security lights on Musco light poles on east side of multi-sport arena at Poinsettia Park including all circuits and controls per ASI 6. (PCO 27; ASI 6) Increase to contract cost.. ................................................................ $19,098.64 Item 9: Add standard concrete pads under all site furnishings instead of pervious concrete as detailed in RFI 66. (PCO 32; RFI 66; FO 3) Increase to contract cost. ................................................................... $5,209.82 Item 10: Add concrete footings under cast-in-place benches at the Aviara patio and add cantilever support to the Aviara fireplace hearth as detailed in RFI 85. (PCO 33; RFI 85; FO 4) Increase to contract cost.. .................................................................. $2, 769.80 Item 11: Install dimmable lighting package to control lights at Aviara custom shade structure. (PCO 34; Submittal A-048 Rev) Increase to contract cost. ................................................................... $1,666.50 TOTAL INCREASE TO CONTRACT COST .................................................. $127,522.24 Project: 4604/4605, Aviara Community Park Phase II & Poinsettia Community Park Phase Ill Construction Projects Change Order No. 3 TIME FOR COMPLETION OF ALL WORK UNDER THIS CONTRACT SHALL BE INCREASED BY ZERO (0) WORKING DAYS AS A RESULT OF THIS CHANGE ORDER. RECOMMENDED BY: , ~~~f, MUNICIPAL PROJEC S MANAGER (DATE) (,/11/t1 (DATE) (DATE) (DATE) DISTRIBUTION: PROJECT FILE (ORIGINAL), PURCHASING, CONTRACTOR Project: 4604/4605, Aviara Community Park Phase II & Poinsettia Community Park Phase Ill Construction Projects Change Order No. 2 CITY OF CARLSBAD CONTRACT CHANGE ORDER NO. 02 PROJECT: 4604/4605, Aviara Community Park Phase II & Poinsettia Community Park Phase Ill Construction Projects CONTRACT NO. 4604/4605 P.O. NO. P136347 P136357 (escrow) ACCOUNT NO. 332 7000 9060 46041 9066 320 7000 9060 46043 9066 320 7000 9060 46051 9066 CONTRACTOR: Los Angeles Engineering, Inc. ADDRESS: 633 N. Barranca Avenue Covina, CA 91723 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: Item 2: Item 3: Item 4: Spread approximately 650 cubic yards of excess soil at the Aviara Park site to a depth of 1.5 feet. (PCO #1 Rev 2) Increase to contract cost.. ................................................................. $5,316.33 Re-route existing electrical conduit in conflict with footings at Poinsettia playground area. (Per RFI #14 and #21; PCO #2) Increase to contract cost. .................................................................. $7,823.11 Install extra plywood roof deck under the standing seam roof at the 16' X 16' Icon shelters at the Poinsettia playground. (Per Submittal #A-007.1: PCO #5) Increase to contract cost.. ............................................................ $ 7,463.90 Install two additional 2" conduits from the Aviara building to the AT&T communication point of connection. (PCO #7) Increase to contract cost. ............................................................. $ 3,339.04 Project: 4604/4605, Aviara Community Park Phase II & Poinsettia Community Park Phase III Construction Projects Change Order No. 2 Item 5: Raise the Aviara patio canopy roof 2.25" and lengthen steel beam 1 '. (Per RFI #38; PCO 11 Rev 1) Increase to contract cost. ............................................................. $ 2,442.08 Item 6: Add 3/8" X 2" L support plates at 4' on center to the channel frames for the roll-up counter doors at the Aviara concession room. (Per Submittal #A-032; COR 12) Increase to contract cost. ............................................................. $ 2,419.59 Item 7: Scarify and regrade the sidewalk area below the Poinsettia playground; remove and replace 36" box tree; and add 6" curb to comply with ADA requirements. (RFI #63; COR 17.4) Increase to contract cost.. .......................................... ; ............... $ 14,473.27 Item 8: Install four Targetti KPLM 10 ZM L2 30 light fixtures with dimmer switch and related equipment at the new art monuments at Aviara Park. (Per RFI #3; COR 18) Increase to contract cost.. .......................................................... $ 14,010.10 Item 9: Demo Aviara building slab, excavate under footings and install gas line, pour back slab, excavate and backfill of trench to bring gas service to the building. (COR 20) Increase to contract cost.. ........................................................... $ 7,448.54 Item 10: Install 4" thick layer of Class II base under Poinsettia playground rubberized surface and eight (8) area drains flush with Class II base layer. (RFI #80; COR 31) Increase to contract cost.. ............................................................ $ 1,952.25 TOTAL INCREASE TO CONTRACT COST .................................................. $66,688.21 TIME FOR COMPLETION OF ALL WORK UNDER THIS CONTRACT SHALL BE INCREASED BY ZERO (0) WORKING DAYS AS A RESULT OF THIS CHANGE ORDER. RECOMMENDED BY: ~~ s-/,/c; MUNICIPAL PROJECTS MANAGER (D TE) APPROVED AS TO CITYA~dv~ 5-g--Zt!t"-. ( AT/E) s-( co { (DATE) (DATE) (DATE) DISTRIBUTION: PROJECT FILE (ORIGINAL), PURCHASING, CONTRACTOR .. r""i•p 111 II~ ·r~1~rgject: 4604/4605, Aviara Community Park Phase II & Poinsettia Community Park Phase Ill Construction Projects (.;tiange Order No. 1 CITY OF CARLSBAD CONTRACT CHANGE ORDER NO. 01 PROJECT: 4604/4605, Aviara Community Park Phase II & Poinsettia Community Park Phase Ill Construction Projects CONTRACT NO. 4604/4605 ACCOUNT NO. 332 7000 9060 46041 9066 320 7000 9060 46043 9066 320 7000 9060 46051 9066 CONTRACTOR: Los Angeles Engineering, Inc. ADDRESS: 633 N. Barranca Avenue Covina, CA 91723 P.O. NO. P136347 P136357 (escrow) 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: Replace two (2) Type L 1 light poles and two (2) H.I.D. walkway lights, mount on existing concrete bases, connect circuits, and perform start up and testing for routine operation. Adjust controller timing as necessary per direction from the City at time of installation. (PCO #4) Increase to contract cost.. ............................................................... $9,913.91 Item 2: Change sixteen (16) Type S5 light poles for Poinsettia Park from steel to aluminum. Increase to contract cost.. ............................................................. $26,355.53 Item 3: Add thirteen (13) working days to the contract due to weather delays for the following dates. 2018: 10/4, 10/12, 11/29, 12/5-7,12/31; 2019: 1/14-18, 1/31. Increase to contract cost.. .............................................................. $ 0.00 TOTAL INCREASE TO CONTRACT COST .................................................. $36,269.44 .. Project: 4604/4605, Aviara Community Park Phase II & Poinsettia Community Park Phase Ill Construction Projects Change Order No. 1 TIME FOR COMPLETION OF ALL WORK UNDER THIS CONTRACT SHALL BE INCREASED BY THIRTEEN (13) WORKING DAYS AS A RESULT OF THIS CHANGE ORDER. THE NEW CONTRACT COMPLETION DATE IS JULY 30, 2019. AP~ROV~ AS TO FORM: C,/C_..,A/ CITY ATTORNErt (DATE) DISTRIBUTION: PROJECT FILE (ORIGINAL), PURCHASING, CONTRACTOR CITY OF CARLSBAD San Diego County California CONTRACT DOCUMENTS, GENERAL PROVISIONS, SUPPLEMENT AL PROVISIONS, AND TECHNICAL SPECIFICATIONS FOR A VIARA COMMUNITY PARK PHASE II AND POINSETTIA COMMUNITY PARK PHASE III CONSTRUCTION PROJECTS CONTRACT NO. 4604/4605 BID NO. PW18-123PKS (RE-BID) INFORMATION TO BIDDERS Questions on the bid documents during the bid period shall be submitted in writing, via email, solely to: Graham Jordan, Contract Administrator graham.jordan@carlsbadca.gov Questions shall be definite and certain and shall reference applicable drawing sheets, notes, details or specification sections. The cutoff date to submit questions regarding this project is 5 p.m., April 4, 2018. No questions will be entertained after that date. The answers to questions submitted during the bidding period will be published in an addendum and provided to those bidding on the project by April 13, 2018. For additional information concerning questions on the bid documents, refer to Notice Inviting Bids, page 9. MANDATORY PRE-BID MEETING Date: Tuesday, March 20, 2018 Time: 2 p.m. Location: Faraday Administration Building, Room 1738, 1635 Faraday Avenue, Carlsbad, CA 92008 TABLE OF CONTENTS BID PROPOSAL & FORMS Item Notice Inviting Bids ................................................................................................................ 1 Contractor's Proposal ............................................................................................................. 6 Bid Security Form ................................................................................................................ 13 Bidder's Bond to Accompany Proposal ................................................................................ 14 Guide for Completing the "Designation of Subcontractors" Form ......................................... 15 Designation of Subcontractor and Amount of Subcontractor's Bid Items .............................. 17 Bidder's Statement of Technical Ability and Experience ....................................................... 18 Bidder's Certificate of Insurance for General Liability, Employers' Liability, Automotive Liability, Builders Risk, and Workers' Compensation ............................................................ 19 Bidder's Statement Re Debarment ....................................................................................... 20 Bidder's Disclosure of Discipline Record ..................................................................... 21 Noncollusion Declaration to Be Executed by Bidder and Submitted with Bid ........................ 23 Contract Public Works .......................................................................................................... 24 Labor and Materials Bond .................................................................................................... 31 Faithful Performance/Warranty Bond ................................................................................... 33 Optional Escrow Agreement for Surety Deposits in Lieu of Retention .................................. 35 ,, • ., Revised 5/10/16 Contract No. 4604/4605 Page i GENERAL PROVISIONS Bidders are advised that this section replaces Part 1, General Provisions of the Standard Specifications for Public Works Construction. Section 1 1-1 1-2 1-3 1-4 1-5 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 Terms, Definitions Abbreviations and Symbols Terms .......................................................................................................... 38 Definitions .................................................................................................... 38 Abbreviations ............................................................................................... 42 Units of Measure .......................................................................................... 45 Symbols ....................................................................................................... 46 Scope and Control of the Work Award and Execution of Contract ................................................................. 47 Assignment .................................................................................................. 47 Subcontracts ................................................................................................ 4 7 Contract Bonds ............................................................................................ 48 Plans and Specifications .............................................................................. 49 In addition to these General Provisions, see Technical Specifications Section 01 33 00 -Submittal Procedures and Section 01 78 39 -Project Record Documents Work to be Done .......................................................................................... 53 Subsurface Data .......................................................................................... 53 Right-of-Way ................................................................................................ 53 Surveying ..................................................................................................... 53 Authority of Board and Engineer .................................................................. 54 Inspection .................................................................................................... 55 Changes in Work Changes Requested by the Contractor ........................................................ 56 Changes Initiated by the Agency .................................................................. 56 Extra Work ................................................................................................... 57 Changed Conditions .................................................................................... 60 Disputed Work ............................................................................................. 61 Control of Materials Materials and Workmanship ......................................................................... 67 Materials Transportation, Handling and Storage ........................................... 71 Utilities Location ....................................................................................................... 72 Protection .................................................................................................... 72 Removal ...................................................................................................... 73 Relocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ............................................... 73 Delays .......................................................................................................... 74 Cooperation ................................................................................................. 7 4 Prosecution, Progress and Acceptance of the Work Construction Schedule and Commencement of Work ................................... 75 Prosecution of Work ..................................................................................... 79 ,, •+r Revised 5/10/16 Contract No. 4604/4605 Page ii 6-3 6-4 6-5 6-6 6-7 6-8 6-9 6-10 Section 7 7-1 7-2 7-3 7-4 7-5 7-6 7-7 7-8 7-9 7-10 7-11 7-12 7-13 7-14 Section 8 8-1 8-2 8-3 8-4 Section 9 9-1 9-2 9-3 9-4 Suspension of Work ..................................................................................... 79 Default by Contractor ................................................................................... 80 Termination of Contract.. .............................................................................. 81 Delays and Extensions of Time .................................................................... 81 Time of Completion ...................................................................................... 82 Completion, Acceptance, and Warranty ....................................................... 83 In addition to these General Provisions, see Technical Specifications Section 01 78 40 -Warranties and Bonds Liquidated Damages .................................................................................... 83 Use of Improvement During Construction .................................................... 84 Responsibilities of the Contractor Contractor's Equipment and Facilities .......................................................... 85 Labor ........................................................................................................... 85 Liability Insurance ........................................................................................ 85 Workers' Compensation Insurance .............................................................. 85 Permits ........................................................................................................ 86 The Contractor's Representative .................................................................. 86 Cooperation and Collateral Work ................................................................. 87 Project Site Maintenance ............................................................................. 87 Protection and Restoration of Existing Improvements ................................... 94 In addition to these General Provisions, see Technical Specifications Section 01 56 39 -Temporary Tree and Plant Protection Public Convenience and Safety ................................................................... 95 Patent Fees or Royalties .............................................................................. 99 Advertising ................................................................................................... 99 Laws to be Observed ................................................................................... 99 Antitrust Claims .......................................................................................... 100 Facilities for Agency Personnel General ...................................................................................................... 101 Field Office Facilities .................................................................................. 101 Removal of Facilities .................................................................................. 102 Basis of Payment ....................................................................................... 102 Measurement and Payment Measurement of Quantities for Unit Price Work .......................................... 103 Lump Sum Work ........................................................................................ 103 Payment .................................................................................................... 103 Bid Items .................................................................................................... 106 ,, •+;' Revised 5/10/16 Contract No. 4604/4605 Page iii PART2 Section 200 200-1 200-2 Section 204 204-1 Section 207 207-25 Section 212 212-1 212-2 212-3 Section 215 215-1 PARTJ Section 300 300-1 300-2 300-3 300-4 300-5 300-9 300-12 300-13 Section 301 301-1 Section 303 303-1 303-5 Section 306 306-1 306-5 SUPPLEMENTAL PROVISIONS CONSTRUCTION MATERIALS Rock Materials Rock Products ........................................................................................... 113 Untreated Base Materials ........................................................................... 114 Lumber and Treatment with Preservatives Lumber and Plywood ................................................................................. 115 Pipe Underground Utility Marking Tape .............................................................. 115 Landscape and Irrigation Materials Landscape Materials .................................................................................. 116 In addition to these General Provisions, see Technical Specifications Section 32 92 00 -Turf and Grasses, Section 32 93 00 -Plants, and Section 32 91 15 -Soil Preparation. Irrigation System Materials ......................................................................... 116 In addition to these General Provisions, see Technical Specifications Section 32 84 00 -Planting Irrigation Electrical Materials ..................................................................................... 117 Fencing Environmental Fencing .............................................................................. 117 CONSTRUCTION METHODS Earthwork In addition to these General Provisions, see Technical Specifications Division 31 -Earthwork Clearing and Grubbing ............................................................................... 118 Unclassified Excavation .............................................................................. 118 Structure Excavation and Backfill ................................................................ 119 Unclassified Fill ........................................................................................... 119 Borrow Excavation ...................................................................................... 120 Geotextiles for Erosion Control and Water Pollution Control. ...................... 121 Rock Slope Protection Fabric ...................................................................... 121 Storm Water Pollution Prevention Plan ....................................................... 122 Treated Soil, Subgrade Preparation and Placement of Base Materials Subgrade Preparation ................................................................................. 125 Concrete and Masonry Construction. Concrete Structures .................................................................................... 126 Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersections, Access Ramps, And Driveways .................................................................. 126 Underground Conduit Construction Open Trench Operations ............................................................................. 126 Abandonment of Conduits and Structures ................................................... 127 l'\ • .., Revised 5/10/16 Contract No. 4604/4605 Page iv Section 308 Landscape and Irrigation Installation In addition to these General Provisions, see Technical Specifications Section 32 84 00 -Planting Irrigation, Section 32 92 00 -Turf and Grasses, and Section 32 93 00 -Plants 308-7 Guarantee ................................................................................................... 127 308-8 Measurement and Payment. ....................................................................... 130 Temporary Traffic Control Devices Section 313 313-2 Temporary Traffic Signing ........................................................................... 131 313-4 Measurement and Payment. ....................................................................... 131 PART 4 CSI FORMATTED PROJECT SPECIFICATIONS Note: Refer to the Table of Contents in the Technical Specifications for each park project. AVIARA COMMUNITY PARK -PHASE II TECHNICAL SPECIFICATIONS Volume 1 APPENDICES: Appendix A: Mitigation Monitoring and Reporting Program Appendix B: Hydrology Memo TECHNICAL SPECIFICATIONS Volume 2 APPENDICES: Appendix C: Storm Water Pollution Prevention Plan POINSETTIA COMMUNITY PARK -PHASE Ill TECHNICAL SPECIFICATIONS Volume 1 APPENDICES: Appendix A: Mitigation Monitoring and Reporting Program Appendix B: Hydrology Memo Appendix C: Storm Water Quality Management Plan TECHNICAL SPECIFICATIONS Volume 2 APPENDICES: Appendix D: Storm Water Pollution Prevention Plan ,, •+f Revised 5/10/16 Contract No. 4604/4605 Page v CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS Until 11 a.m. on April 24, 2018, the City shall accept sealed bids, clearly marked as such, at the Faraday Center, 1635 Faraday Avenue, Carlsbad, CA 92008-7314, Attn: Purchasing Officer, by mail, delivery service or by deposit in the Bid Box located in the first floor lobby, at which time they will be opened and read, for performing the work as follows: AVIARA COMMUNITY PARK PHASE II AND POINSETTIA COMMUNITY PARK PHASE Ill CONSTRUCTION PROJECTS CONTRACT NO. 4604/4605 BID NO. PWS18-123PKS 1. The Aviara Community Park (Aviara) is located at 6435 Ambrosia Lane, Carlsbad, CA 92011. The City desires to develop certain areas of this park, as defined in the Aviara Community Park Phase II Construction Documents and Specifications. The project plans include a community gathering area, catering support building with restrooms and shade pavilion, picnic areas, shade structures, and associated parking and landscape improvements. 2. The Poinsettia Community Park (Poinsettia) is located at 6600 Hidden Valley Road, Carlsbad, CA 92011. The City desires to develop certain areas of this park, as defined in the Poinsettia Community Park Phase Ill Construction Documents and Specifications. The project includes a multi-sports arena and sports lighting, pickleball courts, playground, shade structures and associated landscape improvements. INSTRUCTIONS TO BIDDERS AND BID REQUIREMENTS This bid and the terms of the Contract Documents and General Provisions constitute an irrevocable offer that shall remain valid and in full force for a period of 90 days and such additional time as may be mutually agreed upon by the City of Carlsbad and the Bidder. No bid will be received unless it is made on a proposal form furnished by the Purchasing Department. Each bid must be accompanied by security in a form and amount required by law. The bidder's security of the second and third next lowest responsive bidders may be withheld until the Contract has been fully executed. The security submitted by all other unsuccessful bidders shall be returned to them, or deemed void, within ten (10) days after the Contract is awarded. Pursuant to the provisions of law (Public Contract Code section 10263), appropriate securities may be substituted for any obligation required by this notice or for any monies withheld by the City to ensure performance under this Contract. Section 10263 of the Public Contract Code requires monies or securities to be deposited with the City or a state or federally chartered bank in California as the escrow agent. The escrow agent shall maintain insurance to cover negligent acts and omissions of the agent in connection with the handling of retentions under this section in an amount not less than $100,000 per contract. The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidding when a contractor or subcontractor has been debarred by the City of Carlsbad or another jurisdiction in the State of California as an irresponsible bidder. The work shall be performed in strict conformity with the plans, provisions, and specifications as approved by the City Council of the City of Carlsbad on file with the Parks & Recreation ,, -~ Revised 7/19/17 Contract No. 4604/4605 Page 1 of 131 Department and on the City's website (www.planetbids.com). The specifications for the work include City of Carlsbad Technical Specifications and the Standard Specifications for Public Works Construction, Parts 2 & 31 current edition at time of bid opening and the supplements thereto as published by the "Greenbook" Committee of Public Works Standards, Inc., all hereinafter designated "SSPWC", as amended; and project-specific technical specifications. Specification Reference is hereby made to the plans and specifications for full particulars and description of the work. The General Provisions (Part 1) to the SSPWC do not apply. The City of Carlsbad encourages the participation of minority and women-owned businesses. The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contractors to utilize recycled and recyclable materials when available, appropriate and approved by the Engineer. BID DOCUMENTS The bid documents comprise the following documents which must be completed and properly executed including notarization, where indicated. 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 ESTIMATES: 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: 1. Aviara Community Park Phase II: $2.711 million. 2. Poinsettia Community Park Phase Ill: $3.618 million. TIME OF COMPLETION: The contractor shall complete the Work within the time set in the contract as defined in the General Provisions Section 6-7. SPECIAL TY CONTRACTORS: ACCEPTABLE LICENSE TYPES Except as provided herein a bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City. In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. Where federal funds are involved the contractor shall be properly licensed at the time the contract is awarded. In all other cases the contractor shall state their license number, ,., •+f Revised 7/19/17 Contract No. 4604/4605 Page 2 of 131 expiration date and classification in the proposal, under penalty of perjury. This invitation to bid does not involve federal funds. The following classifications are acceptable for this contract: A- General Engineering or B-General Building. ESCROW AGREEMENT If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of the usual 5% retention from each payment, these documents must be completed and submitted with the signed contract. The escrow agreement may not be substituted at a later date. OBTAINING PLANS AND SPECIFICATIONS Sets of plans, various supplemental provisions, and Contract documents may be obtained at the Cashier's Counter of the Faraday Center located at 1635 Faraday Avenue, Carlsbad, California 92008-7314, for a non-refundable fee of $150 per set. If plans and specifications are to be mailed, the cost for postage should be added. INTENT OF PLANS AND SPECIFICATIONS Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings, specifications or other contract documents, or finds discrepancies in or omissions from the drawings and specifications may submit to the Engineer a written request for clarification or correction. Any response will be made only by a written addendum duly issued by the Engineer a copy of which will be mailed or delivered to each person receiving a set of the contract documents. No oral response will be made to such inquiry. Prior to the award of the contract, no addition to, modification of or interpretation of any provision in the contract documents will be given by any agent, employee or contractor of the City of Carlsbad except as herein before specified. No bidder may rely on directions given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. REJECTION OF BIDS The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. PREVAILING WAGE TO BE PAID The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to the sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a current copy of applicable wage rates is on file in the Office of the City Engineer. The Contractor to whom the Contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the Contract. The Prime Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the purposes of section 4107 and 4107.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work l' •+;' Revised 7 /19/17 Contract No. 4604/4605 Page3of131 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 MANDATORY pre-bid meeting will be held on Tuesday, March 201 2018 at 2:00 p.m. Prospective Bidders shall meet at the Faraday Administration Building, Room 1738, located at 1635 Faraday Drive, Carlsbad, CA 92008. UNIT PRICES AND COMPUTATION OF BIDS All bids are to be computed on the basis of the items in Schedule A and Schedule B, and any estimated quantities of work times the unit price as shown on the Contractor's Proposal form. All bids are to be complete work including all fees, equipment, labor and materials associated with carrying out all work in accordance with the plans and specifications. In case of a discrepancy between words and figures, the words shall prevail. All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or written in with ink and must be initialed in ink by a person authorized to sign for the Contractor. BIDDER'S INQUIRIES Questions on the bid documents during the bid period shall be submitted in writing, via email, solely to: Graham Jordan, Contract Administrator graham.jordan@carlsbadca.gov Questions shall be definite and certain and shall reference applicable drawing sheets, notes, details or specification sheets. The cutoff date to submit questions regarding this project is 5:00 p.m. on April 4, 2018. No questions will be entertained after that date. The answers to questions submitted during the bidding period will be published in an addendum and provided to those bidding on the project by April 13, 2018. ADDENDUMS Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgment of addenda may be cause rejection of the bid. BOND AND INSURANCE REQUIREMENTS The Contractor shall provide bonds to secure faithful performance and warranty of the work in an amount equal to one hundred percent (100%) of the Contract price on this project. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to one hundred percent (100%) of the total amount payable by the terms of the contract. These bonds shall be kept in full force and effect during the course of this project, and shall extend in full force and effect and be retained by the City until they are released as stated in the General Provisions section of this contract. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets ,., •,;' Revised 7/19/17 Contract No. 4604/4605 Page 4 of 131 exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to be accompanied by the following documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the City may require copies of the insurer's most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 1 0 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. BUSINESS LICENSE The prime contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. Approved by the City Council of the City of Carlsbad, California, by Resolution No. 2018-020, adopted on the 13th day of February 2018. March 8, 2018 Date Deputy Clerk ,., •ff Revised 7/19/17 Contract No. 4604/4605 Page 5 of 131 ·. --i~L _,_<"' __ _ CITY OF CARLSBAD.: s,,:i,--.i :;, -~ AVIARA COMMUNITY PARK PHASE II AND POINSETTIA COMMUNITY PARK PHASE Ill CONSTRUCTION PROJECTS CONTRACT NO. 4604/4605 CONTRACTOR'S PROPOSAL City Council City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans, Specifications, General Provisions, Contract Documents, and addenda thereto, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work to complete Contract No. 4604/4605 in accordance with the Plans, Specifications, General Provisions, Contract Documents, and addenda thereto and that he/she will take in full payment therefore the following unit prices for each item complete, to wit: SCHEDULE "A" AVIARA COMMUNITY PARK-PHASE II CONSTRUCTION PROJECT BID ITEMS (''S" denotes specialty items for the purpose of subcontractor calculations) ITEM DESCRIPTION UNIT ITEM COST NO. General Conjtions: LUMP A-1 JJ~ ~<-{r t1i*~ ~)~ tlrl ~t; SUM J. '&:; cct) (Lump Sum Price in W-ds) (LS) A-2 Trtfic Control:.. J. I.)$... ~\l,)<->Vl' ldCw.s LS t;ooo / (Lump Sum Price in Words) Survey (Include Ho~ntal Con:Itl Plan): -A-3 l,A )l-V\ ~ -1.-i,. \ 0 £'11141.1,1 clo N 5 LS J:J-oOO (Lump Suri'T'Price in Words) Erosion Control/SWPPP: wi.lJ_ l _ A-4 --1-vJljij ~Q ~ ~ &.o l Af .':, LS JJ.[XJJ -(Lump Su -~e in Words) Demolition: A-5 11i·1r~ lli~2f!:'VIJ ~olc{ Lv.f LS 30000-(Lump um Price in Words) Grading, Drain~ge,.lL Utilities: 1 •. A-6 (S) rrY\i r1,,w<-dr, £_ ,iJ. ~ .iJ. BiLSa~uP ~ l ( ~';; LS I '50WD __, (Lump Sum Price in -ords) l' •,;' Revised 7/19/17 Contract No. 4604/4605 Page 6 of 131 ITEM DESCRIPTION UNIT ITEM COST NO. Hardscape Constructio~ j) c;Lc / /. -· A-7 (S) ~D ~.,,J £,i ~ ~,._, ~~ LS J-_0oceO (Lump Sum Price in -rds) Site Amenities: ~ A-8 (S) ~Jt~~-ddicv5 LS r5'oco -· (LumpS Price in Words) Electrical lmpr,ements: ~ A-9 (S) --t-wa, h.w.& c-~ '$$ 13~ I (.<<-ti. LS '3oa:00 ~ (Lump Sum Price in Words) Structures: A-10 t[YIL~J/,rll tiJ.1Le {i,.r,:adrt!&.I{/§ ~J kJtl:,_rj' I '35ooco - (S) LS (Lump Sum Price in Words) A-11 Irrigation: --'1.r".L. J-k-A/4.L->,tl,"& dAJI /41~ LS & OOCb -(S) (Lumti.Jsum Price in Words) A-12 Planting: . ~ J, tr,,L ~ti. -trhi ai6hl · > dn/{.;,,.:. LS /t.f '%0W -(S) (Lump Sum Price in/Woras) A-13 R]cord.rin~ , { r--12... \,{, · o&,{ W5 LS s·oco- (Lump Sum Price in Words) Total amount of bid in WORDS for Schedule "A" AVIARA COMMUNITY PARK -PHASE II CONSTRUCTION: Total amount of bid in NUMBERS for Schedule "A" AVIARA COMMUNITY PARK -PHASE II CONSTRUCTION: J tDt Ot::D .-$ ______________________________ _ (~ •1 Revised 7/19/17 Contract No. 4604/4605 Page 7 of 131 ITEM NO. B-1 B-2 B-3 B-4 B-5 B-6 (S) B-7 (S) B-9 (S) 8-10 (S) 8-11 (S) 8-12 (S) B-13 (S) SCHEDULE "8" POINSETTIA COMMUNITY PARK -PHASE III CONSTRUCTION PROJECT BID ITEMS "S" denotes s ecialt items for the ur ose of subcontractor calculations DESCRIPTION General Condition~: .., .(l,, IA,....,\cl-tt-"' 11-i vt1 Multi-Sport Aren~: /&" ev1 h-wiki?tK 1ov h:Hi trY-t.,J olvl lw5 Lum Sum Price in W S Pirkleb,3II Co"Arts_tl ~ (I nll ftJiZ...-,-Vvwtct--"~ !li '2i <J ~;e'vvrX (J.,O q; Lum Sum Price in Words 1 llcu UNIT LUMP SUM (LS) LS LS LS LS LS LS LS LS LS LS LS LS ITEM COST 541,:,t:>Cf) ilooo - 3'S ooo t-JotJ.D·- 3 ,~ 0 cx:.D .~ . j {" •'I Revised 7/19/17 Contract No. 4604/4605 Page 8 of 131 ITEM DESCRIPTION UNIT ITEM COST NO. B-14 PlantinL 1 h ~ //. ,/ (S) frn.L J.,~J; ~J~r[ ~l.;,ti, h6 eff LS /10000 (Lump Sum Price in Wo~ B-15 Ref(/ Di/cings: J iL t..0t,t :5 cvi---dtf(ar-5 LS t:5otD --- (Lump Sum Price in Words) Total amount of bid in WORDS for Schedule "B" POINSETTIA COMMUNITY PARK-PHASE Ill CONSTRUCTION: $ Total amount of bid in NUMBERS for Schedule "B" POINSETTIA COMMUNITY PARK -PHASE Ill CONSTRUCTION: t-f ('.) sq 000 --$. ________________________________ _ Total amount of bid in WORDS for Schedule "A" + "B'': Total amount of bid in NUMBERS for Schedule "A"+ "B": & '"'& txXJ . $ _____ ___:__,::__:_ ________________________ _ The basis of award will be the sum of Schedule "A" and "B". Price(s) given above are firm for 90 days after date of bid opening. Addendum(a) No(s)._1..;,_, _2 _______ has/have been received and is/are included in this proposaL The Undersigned has carefully checked all of the above figures and understands that the City will not be responsible for any error or omission on the part of the Undersigned in preparing this bid. The Undersigned agrees that in case of default in executing the required Contract with necessary bonds and insurance policies within twenty (20) days from the date of award of Contract by the ., " ... Revised 7/19/17 Contract No. 4604/4605 Page 9 of 131 City Council of the City of Carlsbad, the City may administratively authorize award of the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do business or act in the capacity of a contractor within the State of California, validly licensed under license number 591176 , classification A, B, C10, C27, HAZ which expires on 0313112020 , and that this statement is true and correct and has the legal effect of an affidavit. A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City § 7028.15(e). In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. However, at the time the contract is awarded, the contractor shall be properly licensed. The Undersigned bidder hereby represents as follows: 1. That no Council member, officer agent, or employee of the City of Carlsbad is personally interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no representation, oral or in writing, of the City Council, its officers, agents, or employees has inducted him/her to enter into this Contract, excepting only those contained in this form of Contract and the papers made a part hereof by its terms; and 2. That this bid is made without connection with any person, firm, or corporation making a bid for the same work, and is in all respects fair and without collusion or fraud. Accompanying this proposal is _____ a_B_o_n_d _______ (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 that requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and agrees to comply with such provisions before commencing the performance of the work of this Contract and continue to comply until the contract is complete. 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. {" •/ Revised 7/19/17 Contract No. 4604/4605 Page 10 of 131 IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: (1) Name under which business is conducted (2) Signature (given and surname) of proprietor (3) Place of Business N/A (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_--'-N""'/A-'----------------- (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 _____________________ _ { .... •/ Revised 7/19/17 Contract No. 4604/4605 Page 11 of 131 IF A CORPORATION, SIGN HERE: ( 1) Name under which business is conducted Los Angeles Engineering, Inc. (2) Aaron O'Brien, Secretary (Title) Impress Corporate Seal here (3) Incorporated under the laws of the State of __ c_A _______________ _ (4) Place of Business 633 N. Barranca Avenue (Street and Number) City and State Covina, CA (5) Zip Code ~ 917':l.'3 Telephone No. _(_62_6-'-)_4_54_-_52_2_2 _________ _ (6) E-Mail aaron@laeng.net 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: Angus O'Brien, President Aaron O'Brien, Secretary/Operations Manager Beth Ballard, CFO ,·" •/ Revised 7/19/17 Contract No. 4604/4605 Page 12 of 131 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On 04/24/2018 before me, Joseph Haygood, Notary Public (insert name and title of the officer) personally appeared Aaron O'Brien , who proved to me on the basis of satisfactory evidence to be the personM whose nam~ is/~ subscribed to the within instrument and acknowledged to me that he/~t!)ef executed the same in his/1)¢7"~ authorized capacity(~ and that by his/her/their signature~n the instrument the person\M, or the entity upon behalf of which the personJ.sJacted, 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. JOSEPH HAYGOOD I 'l, Commission No.2151432 ~ ,., • NOTARY PUBLIC-CALIFORNIA -... LOS ANGELES COUNTY J , My Comm. Expires APRIL 30, 20~ (Seal) Form is not required as Los Angeles Engineering, Inc. is submitting a bid bond in lieu of check security. BID SECURITY FORM (Check to Accompany Bid) AVIARA COMMUNITY PARK PHASE II AND POINSETTIA COMMUNITY PARK PHASE III CONSTRUCTION PROJECTS CONTRACT NO. 4604/4605 (NOTE: The following form shall be used if check accompanies bid.) Accompanying this proposal is a *Certified *Cashiers check payable to the order of CITY OF CARLSBAD, in the sum of ________________________ _ ______________________ dollars ($ ______ __, this amount being ten percent (10%) of the total amount of the bid. The proceeds of this check shall become the property of the City provided this proposal shall be accepted by the City through action of its legally constituted contracting authorities and the undersigned shall fail to execute a contract and furnish the required Performance, Warranty and Payment Bonds and proof of insurance coverage within the stipulated time; otherwise, the check shall be returned to the undersigned. The proceeds of this check shall also become the property of the City if the undersigned shall withdraw his or her bid within the period of fifteen (15) days after the date set for the opening thereof, unless otherwise required by law, and notwithstanding the award of the contract to another bidder. BIDDER *Delete the inapplicable word. (NOTE: If the Bidder desires to use a bond instead of check, the Bid Bond form on the following pages shall be executed--the sum of this bond shall be not less than ten percent (10%) of the total amount of the bid.) .... f.i Revised 7/19/17 Contract No. 4604/4605 Page 13 of 131 , BIDDER'S BOND TO ACCOMPANY PROPOSAL AVIARA COMMUNITY PARK PHASE II AND POINSETTIA COMMUNITY PARK PHASE Ill CONSTRUCTION PROJECTS; CONTRACT NO. 460414605 KNOW ALL PERSONS BY THESE PRESENTS: That we, Los Angeles Engineering, Inc. , as Principal, and Liberty Mutual Insurance Company , as Surety are held and firmly bound unto the City of Carlsbad, California, in an amount as follows: (must be at least ten percent (10%) of the bid amount) Ten Percent of Amount Bid 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: AVIARA COMMUNITY PARK PHASE II AND POINSETTIA COMMUNITY PARK PHASE Ill CONSTRUCTION PROJECTS; CONTRACT NO. 460414605 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 __ 18_t_h ___ day of ____ A_..p_r_il _____ , 20__11L {Signature) Liberty Mutual Insurance Compa!105EAL) -· ...... ~~ By: r~ ===1-:,e(,,},a (Signnture) Maria Pena, Attorney-in-Fact (Print Namerritle) (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY-ATTACH ATTORNEY-IN-FACT CERTIFICATE) APPROVED AS TO FORM: CELIA A. BREWER :~fy Attorn~~ Deputy City Attorney ft Q Revisecl 7/19/17 Contract No. 4604/4605 Page 14 of 131 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On 04/24/2018 before me, Joseph Haygood, Notary Public -----------(insert name and title of the officer) personally appeared Aaron O'Brien , who proved to me on the basis of satisfactory evidence to be the person ~ wj:lose name-'81' isl e subscrj.t>ed to the within instrument and acknowledged to me that he/ e tj;re'y executed the same in his/!)er(t~ authorized capacity(i~. and that by his/l}er/thefr signaturek8{on the instrument the perso~or the entity upon behalf of which the person'5'facted, 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) . __ :, ... JOSEPH HA YGOOD'l \ Commission No.2151432 ~ 't NOTARY PUBLIC-CALIFORNIA - LOS ANGELES COUNTY My Comm Expir11 APRIL 30, 2020 , 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 ) ss County of Los Angeles ) APR 18 2018 On-------~ before me, Natalie K. Trofimoff, Notary Public, personally appeared Maria Pena , who proved to me on the basis of satisfactory evidence to be the personfst whose namefst isfa-f,e subscribed to the within instrument and acknowledged to me that 4e/sheAAey executed the same in 4+5.fher~ authorized capacityf¼e.s.}, and that by 4+5.fher~ signaturefst on the instrument the personfst, or the entity upon behalf of which the personfst acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ~ -~A;ALIE-;, ;o;o; -@·.: :? .~ t -NOTARY PUBLIC· CALIFORNIA ; • :,o. ~ L,, /,NGELES COUNTY =~-, :1 2 ; 1 C:O:::,:ISSION # 2127860 J~~/1 I ~ li ;., 1 COMM. EXPIRES OCT, 22, 2019 •• , •. / [ -.. _l\...,...,V W _ WWW W W W W C '* Signature:~~~'"-4.,11.L..L---3<-~~~'4-'--,.------ (Seal) Natalie K. Trofimoff, Ill a, ~ C: +:'~ =o ~ ~ C) (,) a, 'o..:? ... n, a, > --j~ c:· n, .2 -a,"o 0~ C: n, -... a, ... C) Ill n, a, C) ... t:~ O.!: E -... ~ 0 n, _.._ :2 >-_ u n, C: > a, ...... 0 ... zB THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This P~wer of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 8014598 Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth. does hereby name. constitute and appoint. Noemi Quiroz; E. S. Albrecht Jr; Patricia S. Arana; C. K. Nakamura; Maria Pena; Jessica L. Rosser; Jeffrey Strassner; Lisa L. Thornton; Tim M. Tomko; Natalie K. Trofimoff all of the city of Los Angeles . state of CA each individually if there be r11ore than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds. recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 20th day of February ~- STATE OF PENNSYLVANIA COUNTY OF MONTGOMERY ss By: The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West ,\merican Insurance Company /1 ./ I ,I//' /"'J// / . L -'M/ // /.,1-'::"' David M. Carey-,Assistant Secretary On this 20th day of February . 2018. before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casualty Company. and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF. I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. COMMONWEALTH OF PENNSYLVANIA Teresa Pas!t~ila, N0L1ry Pubhc Uppo1 1\ilenon Tw~i , Montq0mHry County My Comm1ssion Exp.res March 28. 2021 By:~~ U!k Teresa Pastella, Notary Public This Power of Attorney Is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV -OFFICERS -Section 12 Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President. and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds. recognizances and other surety obligations. Such attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed. such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman. the President or by the officer or officers granting such power or authority. ARTICLE XIII -Execution of Contracts -SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose In writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe. shall appoint such attorneys-in-fact. as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation -The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys-in- f act as may be necessary to act on behalf of the Company to make, execute. seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization -By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I. Renee C. Llewellyn. the undersigned. Assistant Secretary, The Ohio Casualty Insurance Company. Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. 11301300 LMS_ 12873_ 022017 n, (,) ~w EE 0 t:o <(M 0~ ... "C a, C: ;: n, OE a. n, .!!!o ~o ... .. _en 0 C: >-a, ... a, =o~ = a, ~..c a, 0 ~'<f' ..,N E°i> .._N ·-M -(X) C: I 00 u..-o"i> ......... 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"," Lump Sum", "Own Organization", "Subcontractor", and "Work". Bidders are further urged to review sections 2-3 SUBCONTRACTS of the General Provisions. CAUTIONS This form will be used by the Agency to determine the percentage of work that the Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct information may result in rejection of the bid as non-responsive. Any bid that proposes performance of more than 75 percent of the work by subcontractors or otherwise to be performed by forces other than the Bidder's own organization will be rejected as non-responsive. Specialty items of work that may be so designated by the Engineer on the "Contractor's Proposal" are not included in computing the percentage of work proposed to be performed by the Bidder. INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every subcontractor whom the Bidder proposes to perform work or labor or render service in or about the work or improvement, and every subcontractor licensed as a contractor by the State of California whom the Bidder proposes to specially fabricate and install any portion of the work or improvement according to detailed drawings contained in the plans and specifications in excess of one-half of one percent (0.5%) of the Bidder's total bid or, in the case of bids or offers for the construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000) whichever is greater. Said name{s) and location(s) of business of subcontractor(s) shall be set forth and included as an integral part of the bid offer. The Designation of Subcontractors form must be submitted as a part of the Bidder's sealed bid. Failure to provide complete and correct information may result in rejection of the bid as non- responsive. Suppliers of materials from sources outside the limits of work are not subcontractors. The value of materials and transport of materials from sources outside the limits of work, as shown on the plans, shall be assigned to the Contractor or the Subcontractor as the case may be, that the Bidder proposes as installer of said materials. The value of material incorporated in any Subcontractor-installed bid item that is supplied by the Bidder shall be included as a part of the work that the Bidder proposes to be performed by the Subcontractor installing said item. When a Subcontractor has a Carlsbad business license, the number must be entered on the proper form. If the Subcontractor does not have a valid business license, enter "NONE" in the appropriate space. When the Bidder proposes using a Subcontractor to construct or install less than 100 percent of a bid item, the Bidder shall attach an explanation sheet to the Designation of Subcontractor form. The explanation sheet shall clearly apprise the City of the specific facts that show the Bidder proposes to perform no less than twenty-five percent (25%) of the work with its own forces. Any work subcontracted for that is designated as a specialty item (S) of work on the Contractor's Proposal may be excluded for the purpose of calculating the percentage of work the Bidder proposes to perform. {' •1 Revised 7/19/17 Contract No. 4604/4605 Page 15 of 131 Determination of the subcontract amounts for purposes of award of the contract shall be determined by the City Council in conformance with the provisions of the contract documents and the various supplemental provisions. The decision of the City Council shall be final. Contractor is prohibited from performing any work on this project with a subcontractor who is ineligible to perform work on a public works project pursuant to Labor Code Sections 1771.1 or 1777.7. Bidders shall make any additional copies of the disclosure forms as may be necessary to provide the required information. The page number and total number of additional form pages shall be entered in the location provided on each type of form so duplicated. l' •,;' Revised 7/19/17 Contract No. 4604/4605 Page 16 of 131 DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS (To Accompany Proposal) AVIARA COMMUNITY PARK PHASE II AND POINSETTIA COMMUNITY PARK PHASE Ill CONSTRUCTION PROJECTS CONTRACT NO. 4604/4605 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 and and Email Registration License No. and Work Subcontractor Location of Business Address No. Classification in Dollars* 2,i-wle. fl -'--L. t-(j (.) C v'.;)) ,ocj 7;,5o q-so0 /tJo,:;IX )-511-f °i~717S '50000 - j_ .-.;.1-.-lf: ( {7n 1--evvi&\_ , L/4--+ ,.1 Vi ;) @_ ../-,;;f-IV f-13 C.(.,?( /D3'-I { p.v h.,J..) ~\ fl ( l) ~ • C <?>"1-1 r ,,.-,:; ·u-,. {1JJ 1ff 2.., t~ -; t,{ ,d-t<.. ::Cv\L. l, I 1 '5'ff1 CX,:,0'7 ~~ -;~i 555 I-/ I D::D -../ :::~.Ql l "'"''· 5pt, ,v1 ,J ~ , c,4 "'1-ipl-i"",cv.,,Js~ I e-T\rrr) <?ot,'is' 13 .c~1 / D~4 ( (14 h A.) V V ~~ \-U>i'-. 1/1,il., (.J, c.k:l{.bvU.. lo,~ (,.,...,uob /.;( tj fiO /t,14 /0000 {~113 7 '5&t-f Cj'-1/f I ?ol nU) # C.,cn.,l• l.s ~H]l-et dt YVl,.,..l{_cJ cw-I--A ( rvv-h~) I C. crYl l. L Of-5 • ,:. 0),¥1 {J..,t"tlli, P-i 'f\/\.f D..tJL /opMl(lt-Co. ti.,;O 13t (x)D'J 1 ovcO 2.i, l oS ,s-~ 10~ qc;5 /do - -'t1'> j-<..,l'IA 5' f:,;a,vi J, c¾J 0't ..-vYJ f .a .~,t.c,...{J 6 l ~ht~) ~/4;;_) ·~ ;,VU\,, I . ,:_."711 vvttJ .J_ .'0, 1)1--t" ~---tl'v/,,. (1.P-,1,_.,fh, 71-f Jq j cl <{~8 /fJCOO '3<:J'-/'¾ C;; 5 ;ltYf 7G~Q> 5~+-~h.!l O, . ..,,,~ cA ·1ovi." ~ /Via,::....,,, It;,· C-~3 ( ~.,1:-J,Q) I/ ,,;t..et t ~ 14 , «~)/11 5~chlr, _s;., IA?~ Sn.P .. d-ytt k1 , ~ ~OU '?-7'3 t(; 1iJ!> I tJt:l:}(J tJ ;J. & t tj ~54 'f :J°r 71 7 ccx:, - ( p ,.j/.J-, .JI. ) '(.oroY'l,'-, Ci.\-C1 lo ,"7½,d~ c..&, !nu .. . /-',d.£. J.-r"'" +vi ri . e,~,17 V Page __ ,_ of __2__ pages of this Subcontractor Designation form *Pursuant to section 4104 (a)(3)(A) California Public Contract Code, receipt of the information preceded by an asterisk may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice Inviting Bids." l' • ., Revised 7/19/17 Contract No. 4604/4605 Page 17 of 131 -~ DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS (To Accompany Proposal) AVIARA COMMUNITY PARK PHASE II AND POINSETTIA COMMUNITY PARK PHASE Ill CONSTRUCTION PROJECTS CONTRACT NO. 4604/4605 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 and and Email Registration License No. and Work Subcontractor Location of Business Address No. Classification in Dollars* A-r-+-i r;i.:1"U-4-sko tvr1--~ ~~i '+=t-f '?:fES?'; /O(X;O '5(.,o(o 10,&150 l-/-,1570 1 ~~ \--T\ II I /' n ,-, (A-£113 ) bk.L,irid, ~ A-C(v( /()j,}... ( o,v +ic~ ) ~PY-i'-'.:i•tO o+ a.s-l-.o h,.\IC-. vi),; 5fr.,,c-l-v..r -~ SJL uJL lOV1;;,I-. r~o ?16 3318 =-.-I ooco 11w C::S'97 1&;;?5 I WOCD -·- 5../UJ , H AVtdll', {<j ~.11 rvl.11-«·<--,~ CJ;\ Y-~1 .._ [ ~ jt-_/ c ... & ·13 ( o,-r-i-;dl) C v,1,;h'.-.c.+-w11. , c. t>nl 5~-U5A5~ q 1-JCi '11.,{,, '-t':/1,1 1oovm 3'35 5 q~C,t/-5f> ~IA-7o5- 5klkr.'.> 0,.-,,..,.cv ,,..-J4... Mt5~.,-t (/~ ,/iJ }5 {r.:rc,+,,J ... ) u U54,-~ ,Ct.~ (M) 5f11,.,1 /,e5'j ~Cl--c"'r 15 \ 'o 70, 4'&..JJ levvou ¾hJI-'"\.-)t/1) ¾, 3(:710 .-- c£h,'l,V1k,.s 'SV\,I') \J •. ~ C't:t-b,d~ k.1 /-cof". uf :;i [ o..v-..J-..J..) u {..o,1// I~• ,,, . \ I /' // 0, ,,, ,, I':. ,1 ~'-/;) 3"r>D -, V ''I --v ·~---,r;,,u_,-'Tl t\ °'-'I. /VI J-f,-j-./ 1rr /'-' / .n1,Jl·lJ I /I)(,"" {~ .......... -~ I ,.-" r, --" . ,., ,___ ...., ._J UN'~ . Cer() Mti?f!hr ".'.l W ,.,i t>'r ( ~v" (V[A~CYI ri '7l)4--71~0;?/( /&vroO 1'5'20 3qo-;:;c,5 ,-lOJ. 5'/0,, f C),'<{:1-i .a,\ VI.,. d,..-p:, , cA--V cJbr-ew.-. .. 1<. ~ c,;z4 -u I A) i /I.<' "')-'\.Y~ fv1}{~r ,UOt'V/ J Page ___t_ of_)_ pages of this Subcontractor Designation form *Pursuant to section 4104 (a)(3)(A) California Public Contract Code, receipt of the information preceded by an asterisk may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice Inviting Bids." l' • .., Revised 7 /19/17 Contract No. 4604/4605 Page 17 of 131 1,, @ DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS (To Accompany Proposal) AVIARA COMMUNITY PARK PHASE II AND POINSETTIA COMMUNITY PARK PHASE Ill CONSTRUCTION PROJECTS CONTRACT NO. 4604/4605 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 and and Email Registration License No. and Work Subcontractor Location of Business Address No. Classification in Doi~·::* f!!::_ i(fc: _; (l~ . ...,. Ci,i -A <-, O[Ji1CI! -~ 9-J LJ 't',\....,\.,.J~ /(UJQ i~ I ,i)\ I I L(D V yl.i.._'/2 -V -1--1n,1,1 <"' , ~,v, I I .,, i~ ... Ar,L , ~a~•l ~ l ~ t~ 1c.J:.. ,r I ,. ----:!, 0.~ I c,<; ( .u ~ ,~ K , -C...IU \. ,_,, c.-11--'-C:·--V' ~ u R.nr; \. P,.£.-irl I arD 7&:J 7.J/ ;)IOI I tJaitO Cf'tf:-0 ~jfo~ :JJ;l I '10 - r/\.JJ;JL) Oc.tAVJ""71 ,~, r':14--h 1''"'v: 5 <2.. Cl3 ' , f k t,CJl_ c't)r"/J , u. s· (:\p.J-rd 11 L fAYVIIN'Wl 1/./'1 ;.l,'25 (}'j()vj /otfJO .J-.t;J<i,1 £;if1 i1'-I 7.2'8cN1 - (,.._,J-iJ\ l--<•C.1,4()..., J\ r, ,a Lil-h,av1smCo tl c/0,c;.t/ ' J V '-I C,f):,l-,,.,1.J..- Page _j_ of _2_ pages of this Subcontractor Designation form ·Pursuant to section 4104 (a)(3)(A) California Public Contract Code, receipt of the information preceded by an asterisk may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice Inviting Bids." l'\ • .., Revised 7/19/17 Contract No. 4604/4605 Page17of131 --~ - BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) AVIARA COMMUNITY PARK PHASE II AND POINSETTIA COMMUNITY PARK PHASE Ill CONSTRUCTION PROJECTS CONTRACT NO. 4604/4605 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 Amount Contract Name and Address Name and Phone of Completed of the Employer No. of Person to Type of Work Contract Contract See attached. t•'Yft .-, Revised 7/19/17 Contract No. 4604/4605 Page 18 of 131 PROJECT INFORMATION: PROJECT NAME: Seaside Park -Athletic Field PROJECT ADDRESS: 416 W. Cowless St, Long Beach, CA 90802 PROJECT MGR/PHONE: Mitch Ward 562-335-6267 SUPERINTENDENT/PHONE: Lalo Gutierrez 626-222-5473 OWNER INFORMATION: OWNER NAME: _C_it~y_o_f L_o_n_,,g_B_e_ac_h _________ _ OWNER ADDRESS: 333 W. Ocean Blvd, 9th Floor, Long Beach, CA 90802 OWNER PHONE: 562-570-6200 ----------------0 W N ER FAX: 562-570-5099 ----------------0 W N ER-CONTACT: _T_im_o_t_h_y_R_a_ls_to_n __________ _ CM INFORMATION: CM NAME: CM ADDRESS: CM PHONE: CM FAX: CM CONTACT: Simplus Management 4431 Corporate Center Dr, Ste 111, Los Alamitos 90720 562-208-8654 Richard Panos PROJECT NUMBER: 1483 CONTRACT INFORMATION: CONTRACT AMOUNT: $773,123.00 CONTRACT NUMBER: _S~p_ec_R-_7_0_22 ______________ _ CONTRACT TYPE: Unit Price -------------------DUR AT ION: _8_0_W_o_r_k_in_,,g_D_a-'-y_s ____________ _ ORIGINAL COMP DATE: ____ :...cJu_l-_1.:...7 ____________ _ ARCHITECT INFORMATION: ARCHITECT NAME: ARCHITECT ADDRESS: ARCHITECT PHONE: ARCHITECT FAX: ARCHITECT CONTACT: % to Date Complete: % of Work By LAE: Actual Completion Date: Actual Contract Amount: Original Start Date: RJM Designs 31519 Camino Capistrano, San Juan Capistrano, 92675 949-493-2600 Larry Moun 849,246.17 Mar-17 SCOPE OF WORK: Clear & Grub, Earthwork, Drainage, Concrete Curbs & Walks, Fencing, Irrigation, Synthetic Field, Hydroseed. "An Employee-Owned Company" PROJECT INFORMATION: PROJECT NAME: Jacaranda Park Project PROJECT ADDRESS: 700-830 E. 98th St., Los Angeles, CA 90002 PROJECT MGR/PHONE: Mitch Ward SUPERINTENDENT/PHONE: Armando Bernal OWNER INFORMATION: OWNER NAME: Los Angeles Neighborhood Land Trust OWNER ADDRESS: 315 W. 9th Street, Ste 1002, Los Angeles, CA 90015 OWNER PHONE: 213-797-6555 ----------------OWNER FAX: 213-572-0192 OWNER-CONTACT: _H_o~p_e_E_sc_a_ri_o ___________ _ CM INFORMATION: CM NAME: Los Angeles Neighborhood Land Trust CM ADDRESS: 315 W. 9th Street, Ste 1002, Los Angeles, CA 90015 CM PHONE: 213-797-6555 CM FAX: 213-572-0192 CM CONTACT: Hope Escario PROJECT NUMBER: 1476 CONTRACT INFORMATION: CONTRACT AMOUNT: $3,271,731.25 CONTRACT NUMBER: 14 CONTRACT TYPE: Unit Price DURATION: 225 Days ORIGINAL COMP DATE: Sep-17 ARCHITECT INFORMATION: ARCHITECT NAME: ARCHITECT ADDRESS: ARCHITECT PHONE: ARCHITECT FAX: ARCHITECT CONTACT: % to Date Complete: % of Work By LAE: Actual Completion Date: Actual Contract Amount: Original Start Date: Withers & Sandgren, LTD PO Box 275, Montrose, CA 91021 818-291-0200 Lacey Withers 5% Jan-17 SCOPE OF WORK: demo, grading, site clearing, underground utilities, site drainage, shade structures, basketball courts, sports equipment, concrete, paving, landscape, irrigation, fencing, signage, electrical, site furnishings "An Employee-Owned Company" PROJECT INFORMATION: PROJECT NAME: Tier 2 Entry Imp. At Crown Valley Park PROJECT ADDRESS: 29751 Crown Valley Parkway, Laguna Niguel, CA 92677 PROJECT MGR/PHONE: Julio Guerrero SUPERINTENDENT/PHONE: Michael Nossett OWNER INFORMATION: OWNER NAME: City of Laguna Niguel OWNER ADDRESS: 30111 Crown Valley Parkway, Laguna Niguel, CA 92677 OWNER PHONE: 949-257-7407 -----------------0 W N ER FAX: 949-362-4385 -----------------0 W N ER -CONTACT: Ziad Mazboudi ----------------- CM INFORMATION: CM NAME: CM ADDRESS: CM PHONE: CM FAX: CM CONTACT: City of Laguna Niguel 30111 Crown Valley Parkway, Laguna Niguel, CA 92677 949-257-7407 949-362-4385 Ziad Mazboudi PROJECT NUMBER: 1466 CONTRACT INFORMATION: CONTRACT AMOUNT: $8,736,169.00 CONTRACT NUMBER: cc 15004 CONTRACT TYPE: Unit Price DURATION: 11 months ORIGINAL COMP DATE: Jun-17 ARCHITECT INFORMATION: ARCHITECT NAME: ARCHITECT ADDRESS: ARCHITECT PHONE: ARCHITECT FAX: ARCHITECT CONTACT: % to Date Complete: % of Work By LAE: Actual Completion Date: Actual Contract Amount: Original Start Date: Hunsaker & Associates Three Hughs, Irvine, CA 92618 (949) 583-1010 (949) 583-0759 David Frattone 5% September-17 Jul-16 SCOPE OF WORK: _____ D_e_m_o_l_it_io_n-'-, _G_ra_d_i_n"'g,_S_to_r_m_D_ra_i_n_W_a_t_e_r _Li_n_e-'s,_S_te_e_l_A_r_ch_C_ul_v_er_t_B_r_id-=g_e,'-U_nd_e_r..=g_ro_u_n_d_W_a_te_r_S_to_r_a.=g_e_T_a_n k_s-'-, _______ _ Site Concrete, Monument Signs, Site Lighting, Stone Veneer, Construction of Parking Lots, Traffic Signal Modification, Landscape & Irrigation. Retainin Walls "An Employee-Owned Componv" PROJECT INFORMATION: PROJECT NAME: Westlake Village Community Park-Phase 2A-Gradmg & Retammg Walls PROJECT ADDRESS: Lindero Canyon & Thousand Oaks Blvd. PROJECT MGR/PHON_E_: ______________ _ SUPERINTENDENT /P_H_O_N_E_: ____________ _ OWNER INFORMATION: OWNER NAME: City of Westlake Village OWNER ADDRESS: 31200 Oak Crest Drive, Westlake Village, CA OWNER PHONE: '-(8_1_8~) _70_6_-_16_1_3 __________ _ OWNER FAX: '-(8_1_8~)_70_6_-_13_9_1 __________ _ OWNER-CONTACT: _Jo_h_n_K_n_i,_pe ____________ _ 1krnpe@w,lldan 1'.9..!TI CM INFORMATION: CM NAME: City of Westlake Village CM ADDRESS: 31200 Oak Crest Drive, Westlake Village, CA CM PHONE: 818-706-1613 CM FAX: 818-706-1391 CM CONTACT: PROJECT NUMBER: 1464 CONTRACT INFORMATION: CONTRACT AMOUNT: $1,306,193.75 CONTRACT NUMBER: CONTRACT TYPE: Unit Price DURATION: Four Months COMPLETION DATE: Jun-16 ARCHITECT INFORMATION: ARCHITECT NAME: ARCHITECT ADDRESS: ARCHITECT PHONE: ARCHITECT FAX: ARCHITECT CONTACT: % to Date Complete: % of Work By LAE: Actual Completion Date: Actual Contract Amount: Willdan 805-804-7642 805-643-0791 Beau Thompson 100% Sep-16 1,306,193.75 SCOPE OF WORK_: ____ P_re""p_a_re_ex_i_st_in-=gc..c_o_m_m_un_i-'ty-'p'-a_r_k_fo_r_e_x.:...p_an_s_io_n_i_n_cl_u_d_in"'g_b_u_il_in"'g_s_ev_e_r_al_r_e_ta_in_i_ng=-w_a_ll_s _an_d_in_st_a_ll_in-=g_d_r_ia_n_ag=-e---'sy_t_em_f_o_r _a __ _ future soccer field, building several retaining walls and install drainage system for a futrue ball field. "An Employee-Owned Company" PROJECT INFORMATION: PROJECT NAME: Vincent Park Turf Install PROJECT ADDRESS: E. Redondo Blvd. & E. Florence Avenue PROJECT MGR/PHONE: Jessica Geer SUPERINTENDENT /PHONE: Lalo Guttierrez OWNER INFORMATION: OWNER NAME: _C_it_,_y_o_f _ln-"g'-le_w_o_o_d __________ _ OWNER ADDRESS: One Manchester Blvd, Inglewood, CA 90401 OWNER PHONE: 310-412-5333 -----------------0 W N ER FAX: 310-412-5552 -----------------0 W N ER -CONT ACT: _B_o_,_y_tr_e_se_O_s_i_as ___________ _ bos1as@c1tyof1nglewood org CM INFORMATION: CM NAME: City of Inglewood CM ADDRESS: One Manchester Blvd, Inglewood, CA 90401 CM PHONE: 310-412-5333 CM FAX: 310-412-5552 CM CONTACT: Boytrese Osias PROJECT NUMBER: 1461 CONTRACT INFORMATION: CONTRACT AMOUNT: $2,511,839.00 CONTRACT NUMBER: CONTRACT TYPE: Unit Price DURATION: 120 Working Days COMPLETION DATE: Nov-16 ARCHITECT INFORMATION: ARCHITECT NAME: ARCHITECT ADDRESS: ARCHITECT PHONE: ARCHITECT FAX: ARCHITECT CONTACT: % to Date Complete: % of Work By LAE: Actual Completion Date: Actual Contract Amount: Lloyd Civil & Sports Engineering 7349 N. Via Paseo Del Sur, Site 515-324, Scottsdale, AZ 602-635-4226 602-997-3148 100% Nov-16 2,511,839.00 SCOPE OF WORK: Demo, Grading, oncrete Retaining Walls, Drainage, Permeable Base, Quick Coupler System, Synthetic Turf. "An Employee-Owned Company" PROJECT INFORMATION: PROJECT NAME: Orange County Great Park -Palm Court PROJECT ADDRESS: Former El Toro Marine Base, Irvine, CA PROJECT MGR/PHONE: Mike Domanski SUPERINTENDENT /P_H_O_N_E_: ____________ _ OWNER INFORMATION: OWNER NAME: Orange County Great Park Corp/City of Irvine OWNER ADDRESS: 15360 Barranca Pkwy, Irvine, CA 92618 OWNER PHONE: 949-724-7425 -----------------OWNER FAX: OWNER-CONTACT: Christina Templeton CM INFORMATION: CM NAME: CM ADDRESS: CM PHONE: CM FAX: CM CONTACT: DMc Engineering, Inc. 18 Technology Dr, Suite 100, Irvine, CA 92618 949-753-9393 949-753-9322 Howard Colburn SCOPE OF WORK: PROJECT NUMBER: 1424 CONTRACT INFORMATION: CONTRACT AMOUNT: $8,223,971.26 CONTRACT NUMBER: CIP #379090 CONTRACT TYPE: Park DURATION: 165 working days COMPLETION DATE: Sep-11 ARCHITECT INFORMATION: ARCHITECT NAME: ARCHITECT ADDRESS: ARCHITECT PHONE: ARCHITECT FAX: ARCHITECT CONTACT: Mia Lehrer & Associates 3780 Wilshrie Blvd, Suite 250, Los Angeles, CA 90010 213-384-3844 213-384-3833 Mia Lehrer FINAL CONTRACT AMNT: -'-$9_;,_4_42_;,_29_3_.o_o _____________ _ ORIGINAL COMPLETION: Jun-11 --------------------BLDG SEISMIC RETROFIT: No --------------------% of Work By LAE: _S_e~p_te_m_be_r_-1_7 _____________ _ Project Square Footage: ____ 8_10-'-,_o_oo _____________ _ -------------------------------------------------The project consists of demolition, building abatement, rehabilitation of existing buildings, seismic upgrades, installing new mechanical, plumbing, electrical and fire protection systems, clearing and grubbing, trenching, grading, installing underground utilities and drainage improvements, installing steel shade structures, installing electrical equipment and lighting, laying asphalt and concrete, striping, installing fencing, installing hardscape, planting and establishing landscaping, installing irrigation, installing site furnishings and erosion control. Aaron O'Brien, Chief Estimator "An Employee-Owned Company" PROJECT INFORMATION: PROJECT NAME: Orange County Great Park -North Lawn PROJECT ADDRESS: Former El Toro Marine Base, Irvine, CA PROJECT MGR/PHONE: Mike Domanski SUPERINTENDENT /P_H_O_N_E_: ____________ _ OWNER INFORMATION: OWNER NAME: Orange County Great Park Corp/City of Irvine OWNER ADDRESS: 15360 Barranca Pkwy, Irvine, CA 92618 OWNER PHONE: 949-724-7425 OWNER FAX: -9-4-9--7-2-4--7_4_0_7 __________ _ OWNER-CONTACT: Christina Templeton CM INFORMATION: CM NAME: CM ADDRESS: CM PHONE: CM FAX: CM CONTACT: DMc Engineering, Inc. 18 Technology Dr, Suite 100, Irvine, CA 92618 949-753-9393 949-753-9322 Howard Colburn SCOPE OF WORK: PROJECT NUMBER: 1421 CONTRACT INFORMATION: CONTRACT AMOUNT: $4,918,697 .oo CONTRACT NUMBER: CIP #379090 CONTRACT TYPE: Park DURATION: 180 calendar days COMPLETION DATE: Sep-11 ARCHITECT INFORMATION: ARCHITECT NAME: ARCHITECT ADDRESS: ARCHITECT PHONE: ARCHITECT FAX: ARCHITECT CONTACT: Fuscoe Engineering, Inc. 16795 Von Karman, Suite 100, Irvine, CA 92606 949-474-1960 949-4 7 4-5315 Jeffrey Davis FINAL CONTRACT AMNT: $5,743,899.00 -----------------O RIG IN AL COMPLETION: Mar-11 -----------------BLDG SEISMIC RETROFIT: No % of Work By LAE: _S_e_p-te_m_b_e_r--1-7 __________ _ Project Square Footage: 876,000 ---------------------------------------------Construction of a 19.5 acre park inside the former El Toro Marine Base. Improvements include a 220 space parking lot, permieter walkway, drainage system, site lighting, 300,000SF open turf area, complete landscape and irrigation system. Aaron O'Brien, Chief Estimator "An Employee-Owned Company" BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY, BUILDERS RISK, AND WORKERS' COMPENSATION (To Accompany Proposal) AVIARA COMMUNITY PARK PHASE II AND POINSETTIA COMMUNITY PARK PHASE III CONSTRUCTION PROJECTS CONTRACT NO. 4604/4605 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: D Comprehensive General Liability D Automobile Liability D Workers Compensation D Employer's Liability D Builders Risk Insurance 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, Builders Risk, Workers Compensation and Employer's Liability in conformance with the requirements herein and Certificates of insurance to the Agency showing conformance with the requirements herein. All certificates of insurance and statements of willingness to issue insurance for auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated in The Notice Inviting Bids and the General Provisions for this project for each insurance company that the Contractor proposes. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. Please see attached. {" •/ Revised 7/19/17 Contract No. 4604/4605 Page 19 of 131 I LOSANGE-34 BMARIN ACORD" CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 05/10/2018 I -HIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS :ERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES IELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or 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 License # 0757776 ~2:i~CT Newport Beach, CA -HUB International Insurance Services Inc. rrigNfio, Ext) (949) 623-3980 FAX- 4695 MacArthur Court --(A/C, No):(949) 891-0407 Suite 600 E-MAIL ADDRESS: ---- Newport Beach, CA 92660 INSURER(S) AF_l'QRDING COVERAGE NAIC # - INSUR!;R A: Old Republic G~neral Insurance Corp. ?4139 INSURED INSURER B: Endurance Risk Solutions Assurance Company 43630 Los Angeles Engineering, Inc. INSURER C: - 633 N. Barranca Ave. INSURER D: Covina, CA 91723 INSURl:R E: INSURER F: COVERAGES CERTIFICATE NUMBER· REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1rJ: TYPE OF INSURANCE ~.~.,D..\-tl!.~~ POLICY NUMBER POLICY EFF POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 CLAIMS-MADE X OCCUR X X A1CG37191807 04/01/2018 04/01/2019 DAMAGE TO RENTED 100,000 PREMISES (Ea occurrence) _$ X Bl/PD DED: $10,000 MED EXP lAny one person] $ 5,000 PERSONAL & ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 POLICY X PRO-LOC 4,000,000 JECT PRODUCTS -COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 2,000,000 (Ea accident) $ X ANY AUTO X X A1CA37191807 04/01/2018 04/01/2019 BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ HIRED ~8ta~1mt~ PROPERTY ?AMAGE AUTOS ONLY (Per accident $ Auto Liab. Ded. $ 0 B UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 8,000,000 X EXCESS LIAB CLAIMS-MADE XSC30000083002 04/01/2018 04/01/2019 AGGREGATE $ 8,000,000 DED X RETENTION$ 0 $ A WORKERS COMPENSATION X PER OTH- AND EMPLOYERS' LIABILITY STATUTE ER Y/N X A1CW37191807 04/01/2018 04/01/2019 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE EL EACH ACCIDENT $ ~FICER/MEMBER EXCLUDED? N/A andatory In NH) EL DISEASE -EA EMPLOYEE_ $ 1,000,000 ~m:~rtf[~~ O~OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) RE: LAE Job #1502. Aviara Community Park Phase II and Poinsettia Community Park Phase Ill Construction Projects; Bid No. PWS18-123PKS; Contract No. 4604/4605. glaiwvp/auaiwv/wcwv The City of Carlsbad, its officials, employees and volunteers are included as Additional Insureds where required by an executed written contract as respects General Liability and Auto Liability per attached endorsement. This Insurance shall apply as Primary and Non-Contributory per attached endorsement. Waiver of Subrogation applies where required by an executed written contract as respects General Liability, Auto Liability and Workers' Compensation per attached endorsements. CERTIFICATE HOLDER City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 4668-ECM #35050 New York, NY 10163 ACORD 25 (2016/03) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ~ © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD t/ ./ AGENCY CUSTOMER ID: LOSANGE-34 BMARIN ------------------~ LOC #: 0 -------~ ADDITIONAL REMARKS SCHEDULE :NCY License # 0757776 !Newport Beach, CA -HUB International Insurance Services Inc. POLICY NUMBER ISEE PAGE 1 CARRIER I NAIC CODE ISEE PAGE 1 SEEP 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Cancellation: NAMED INSURED Los Anaeles Engineering, Inc. 633 N. arranca Ave. Covina, CA 91723 EFFECTIVE DATE: SEE PAGE 1 Page 1 of 1 * Should the policies be cancelled before the expiration date, Hub International Insurance Services Inc. (Hub), independent of any rights which may be afforded within the policies to the certificate holder named below, will provide to such certificate holder notice of such cancellation within thirty (30) days of the cancellation date, except in the event the cancellation is due to non-payment of premium, in which case Hub will provide to such certificate holder notice of such cancellation within ten (10) days of the cancellation date. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: A 1 CA37191807 COMMERCIAL AUTO CA 04 4410 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Los Angeles Engineering, Inc. Endorsement Effective Date: 04/01/2018 Name(s) Of Person(s) Or Organization(s): SCHEDULE WHERE REQUIRED BY AN EXECUTED WRITTEN CONTRACT. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. CA 04441013 © Insurance Services Office, Inc .. 2011 Page 1 of 1 POLICY NUMBER: A1CG37191807 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 Organization(s) Location And Description Of Completed Operations WHERE REQUIRED BY AN EXECUTED WRITTEN LOCATIONS AS REQUIRED BY AN EXECUTED CONTRACT, BUT ONLY WHEN COVERAGE FOR WRITTEN CONTRACT. COMPLETED OPERATIONS IS SPECIFICALLY REQUIRED BY THAT CONTRACT. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" 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 additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 37 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: A1CG37191807 COMMERCIAL GENERAL LIABILITY CG 20 10 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations WHERE REQUIRED BY AN EXECUTED WRITTEN LOCATIONS AS REQUIRED BY AN EXECUTED CONTRACT. WRITTEN CONTRACT. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in 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 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. 8. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 0413 © Insurance Services Office, Inc., 2012 Page 1 of 2 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. Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 10 0413 POLICY NUMBER: A1CG37191807 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO 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: WHERE REQUIRED BY AN EXECUTED WRITTEN CONTRACT. 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- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 D OLD REPUBLIC GENERAL INSURANCE CORPORATION WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE 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. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule WHEN REQUIRED BY WRITTEN CONTRACT. The premium charge for this endorsement is $0.00. Named Insured Los Angeles Engineering, Inc. Policy Number A 1 CW37191807 Endorsement No. Policy Period 04/01/2018 to Endorsement Effective Date: 04/01/2018 04/01/2019 Producer's Name: Producer Number: WC 99 03 15 (09/06) POLICY NUMBER: A1CA37191807 COMMERCIAL AUTO CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Los Angeles Engineering, Inc. Endorsement Effective Date: 04/01/2018 Name Of Person(s) Or Organization(s): SCHEDULE WHERE REQUIRED BY AN EXECUTED WRITTEN CONTRACT. Information required to complete this Schedule, if not shown above. will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II - Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I -Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20481013 © Insurance Services Office, Inc .. 2011 Page 1 of 1 OLD REPUBLIC GENERAL INSURANCE CORPORATION CHANGES ADDITIONAL INSURED PRIMARY WORDING SCHEDULE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Name of Additional Insured Person(s) Or Organization(s): Location(s) of Covered Operations Where required by an executed written contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The insurance provided by this endorsement is primary insurance and we will not seek contribution from any other insurance of a like kind available to the person or organization shown in the schedule above unless the other insurance is provided by a contractor other than the person or organization shown in the schedule above for the same operation and job location. If so, we will share with that other insurance by the method described in paragraph 4.c. of Section IV -Commercial General Liability Conditions. All other terms and conditions remain unchanged. Named Insured LOS ANGELES ENGINEERING, INC Policy Number A1CG37191807 Endorsement No. Policy Period 04/01/2018 to 04/01/2019 Endorsement Effective Date: 04/01/2018 Producer's Name: Producer Number: CG EN GN 0029 09 06 BIDDER'S STATEMENT RE DEBARMENT (To Accompany Proposal) AVIARA COMMUNITY PARK PHASE II AND POINSETTIA COMMUNITY PARK PHASE III CONSTRUCTION PROJECTS CONTRACT NO. 4604/4605 1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California? X yes no 2) If yes, what was/were the name(s) of the agency(ies) and what was/were the period(s) of debarment(s)? Attach additional copies of this page to accommodate more than two debarments. N/A party debarred party debarred agency agency period of debarment period of debarment BY CONTRACTOR: Los Angeles Engineering, Inc. (na7t5m f Contractor) By: --~....,__ ____________ _ (sign here) Aaron O'Brien, Secretary (print name/title) Page _1_ of __ 1 _ pages of this Re Debarment form l' •ff Revised 7/19/17 Contract No. 4604/4605 Page 20 of 131 BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) AVIARA COMMUNITY PARK PHASE II AND POINSETTIA COMMUNITY PARK PHASE Ill CONSTRUCTION PROJECTS; CONTRACT NO. 4604/4605 Contractors are required by law to be licensed and regulated by the Contractors' State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors' State License board, P.O. Box 26000, Sacramento, California 95826. 1) Have you ever had your contractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? X yes no 2) Has the suspension or revocation of your contractor's license ever been stayed? X yes no 3) Have any subcontractors that you propose to perform any portion of the Work ever had their contractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? X yes no 4) Has the suspension or revocation of the license of any subcontractor's that you propose to perform any portion of the Work ever been stayed? X yes no 5) If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the party disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of the violation and the disciplinary action taken therefore. NIA (If needed attach additional sheets to provide full disclosure.) Page _1_ of _2_ pages of this Disclosure of Discipline form ("\ •;;' Revised 7/19/17 Contract No. 4604/4605 Page 21 of 131 BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) AVIARA COMMUNITY PARK PHASE II AND POINSETTIA COMMUNITY PARK PHASE III CONSTRUCTION PROJECTS CONTRACT NO. 4604/4605 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. NIA (If needed attach additional sheets to provide full disclosure.) BY CONTRACTOR: Los Angeles Engineering, Inc. {fi_ of Contractor) By: ~J_V ___________ _ (sign here) Aaron O'Brien, Secretary (print name/title) Page _2_ of _2_ pages of this Disclosure of Discipline form ('\ •fl' Revised 7/19/17 Contract No. 4604/4605 Page 22 of 131 NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 AVIARA COMMUNITY PARK PHASE II AND POINSETTIA COMMUNITY PARK PHASE III CONSTRUCTION PROJECTS CONTRACT NO. 4604/4605 The undersigned declares: I am the __ s_e_cr_e_ta~ry __ of Los Angeles Engineer,-the party making the foregoing bid. ing., Inc. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on April 24th -~---------- 20 'k';,a [city], CA [state]. Aaron O'Brien, Secretary Signature of Bidder (" •I Revised 7/19/17 Contract No. 4604/4605 Page 23 of 131 MINUTES OF SPECIAL MEETING OF THE BOARD OF DIRECTORS OF LOS ANGELES ENGINEERING, INC. A California Corporation The Directors of LOS ANGELES ENGINEERING, INC., A California Corporation, held the special Meeting of the Board of Directors at 633 N. Barranca, Covina, California, on March 27, 2018 at the hour of 2: 00 p .m. for the purpose of passing on any business which might be brought before the meeting. There were present at said meeting the following Directors, constituting a quorum of the full Board: ANGUS O'BRIEN AND AARON O'BRIEN ANGUS O'BRIEN acted as Chairman of the meeting and AARON O'BRIEN acted as Secretary of the meeting. RESOLVED -Angus O'Brien, Aaron O'Brien and Beth Ballard as Officers are authorized to sign bid documents and contracts concerning the corporation business and thereby bind the corporation to the contract and is authorized to do all things necessary and properly to carry out negotiations and execution of contracts with a public agency. RESOLVED -The following persons are confirmed as the duly elected officers, serving in their said capacity until their successors are elected and qualified: President Secretary Angus O'Brien Aaron O'Brien Aaron O'Brien Beth Ballard Chief Operating Officer Chief Financial Officer There being no further business to come before the meeting and upon motion duly made, seconded and unanimously carried, the meeting was adjourned. ATTEST: i~,~ ANGUS O'BRIEN, Chairman and President AARON O'BRIEN, Secretary r{_..,....,.__ . This Corporate Resolution is in force. ,Vigool trus ~ ls Afl?l L. , 2018 Aaron O'Brien, Secretary March 12, 2018 ADDENDUM NO. 1 (_ City of Carlsbad RE: AVIARA COMMUNITY PARK PHASE II AND POINSETTIA COMMUNITY PARK PHASE Ill CONSTRUCTION PROJECTS, PROJECT NO.: 4604/4605 Please include the attached addendum in the Notice to Bidder/Request for Bids you have for the above project. Please note change in pre-bid location for the above-mentioned bid. New location for MANDATORY pre-bid meeting: Faraday Administration Building, Room 173A 1635 Faraday Avenue, Carlsbad, CA 92008 Date and time remain the same. This addendum--receipt acknowledged--must be attached to your Request for Bid when your bid is submitted. GRAHAM JORDAN Contract Administrator I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1 Aaron O'Brien, Secretary Bidder's Signature Public Works Contract Administration 1635 Faraday Avenue : Carlsbad, C/1. 92008 I 760-602-4677 t April 12, 2018 ADDENDUM NO. 2 { City of Carlsbad RE: AVIARA COMMUNITY PARK PHASE II AND POINSETTIA COMMUNITY PARK PHASE Ill CONSTRUCTION PROJECTS, PROJECT NO.: 4604/4605 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. GRAHAM JORDAN Contract Administrator I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 2 (6 Aaron O'Brien, Secretary Bidder's Signature Public Works Contract Administration 1635 Faraday Avenue I Carlsbad, CA 92008 I 760-602-4677 t CITY OF CARLSBAD A VIARA COMMUNITY PARK PHASE II AND POINSETTIA COMMUNITY PARK PHASE III Bid No. PWS18-123PKS Addendum No. 2 From: Steve Didier, Project Manager Phone: (760) 602-7539 steven.didier@carlsbadca.gov No. of Pages: 69 (including this page) Date: April 12, 2018 Bid Opening Date: April 24, 2018; 11 :00 a.m. (unchanged) MODIFICATIONS, DELETIONS, AND ADDITIONS Bid and Contract Documents 1) Contract Public Works Section 10d (Builder's Risk Insurance): a. The Builder's Risk policy: 1. Shall be fully written on a completed value basis in an amount not less than the full replacement value of the Project ($12,000,000) (Enineer's Estimate $6,329,000). Aviara Community Park Phase II 1) Technical Specification Sections: a. 03 30 53 Miscellaneous Cast-in-Place Concrete (Replace) b. 05 70 00 Decorative Metal (Replace) c. 28 23 29 Security Cameras (Add) 2) General Provisions: a. Section 7-8.6.3 Payment for Water Pollution Control. (Contactor's proposal for items A-4 and 8-4 are not limited to an allowance.) Payments are based on the engineer's estimates for SWPPP/erosion control services (/wiara: $9,549; Poinsettia: $37,560). Thirty percent (30%) will be paid upon completion of all work required to appoint a QSD and QSP, install all required construction phase BMPs, complete all required pre-construction SWPPP documentation and associated work to comply with the CGP. Fifty percent (50%) will be divided to be paid equally in progress payments. The remaining twenty percent (20%) will be retained and paid with the final SWPPP Close-out & NOC. 3) Sheet LC-1.0 Contract No. 4604-4605 -Aviara Comm. Park Phase II & Poinsettia Comm. Park Phase Ill 1 Addendum No. 2 a. Construction Legend Item 18: (Delete and replace as follows) • Recycling receptacle with standard recycling logo per manufacturer. Model : QR-CAL2436W-H24 b. Construction Legend Item 20: (Delete and replace as follows) • Barbeque grill with built-in hot ash to by Quick Crete Products Model QC- BBQ-3634 or approved equal. Color and finish to match C-3 Latte, T-2 by Quick Crete Products. 4) Sheet E1 .1 (Replace with attached E1 .1 Revision) 5) Sheet E3.1 (Replace with attached E3.1 Revision) 6) Sheet SE-2.0 (Replace with attached SE-2.0 Revision) Poinsettia Community Park Phase Ill 1) Technical Specification Sections (Replace): a. 03 30 53 Miscellaneous Cast-in-Place Concrete b. 1 0 90 00 Multi-Sports Arena c. 32 17 23.28 Landscape Synthetic Turf System d. 32 18 16.13 Playground Protective Surfacing Contract No. 4604-4605 -Aviara Comm. Park Phase II & Poinsettia Comm. Park Phase Ill 2 Addendum No. 2 Aviara Community Park -Phase II Project No. 4604 SECTION 03 30 53 -MISCELLANEOUS CAST-IN-PLACE CONCRETE PART 1 -GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section includes cast-in-place concrete, including reinforcement, concrete materials, mixture design, placement procedures, and finishes. B. Related Requirements: 1. Section 31 20 00 "Earth Moving" for drainage fill under slabs-on-grade. 2. Section 32 13 13 "Concrete Paving" for concrete pavement and walks. 1.3 ACTION SUBMITTALS A. Product Data: For each type of product. B. Submittals: 1. Product Data for products having recycled content, documentation indicating percentages by weight of postconsumer and preconsumer recycled content. Include statement indicating cost for each product having recycled content. C. Design Mixtures: For each concrete mixture. 1.4 QUALITY ASSURANCE A. Ready-Mix-Concrete Manufacturer Qualifications: A firm experienced in manufacturing ready-mixed concrete products and that complies with ASTM C 94/C 94M requirements for production facilities and equipment. B. Mockups: Build mockups to verify selections made under Sample submittals and to demonstrate aesthetic effects and set quality standards for materials and execution. 1. Build mockups of full-size sections of cast-in-place concrete to demonstrate typical joints; surface finish, texture, and color; curing; and standard of workmanship. MISCELLANEOUS CAST-IN-PLACE CONCRETE 03 30 53 Page 1 of 8 Aviara Community Park -Phase II Project No. 4604 2. Build mockups of cast-in-place concrete in the location and of the size indicated or, if not indicated, build mockups where directed by Architect and not less than 36 inches by 36 inches. 3. Approval of mockups does not constitute approval of deviations from the Contract Documents contained in mockups unless Architect specifically approves such deviations in writing. 4. Subject to compliance with requirements, approved mockups may become part of the completed Work if undisturbed at time of Substantial Completion. PART 2 -PRODUCTS 2.1 CONCRETE, GENERAL A. Comply with the following sections of ACI 301 unless modified by requirements in the Contract Documents: 1. "General Requirements." 2. "Formwork and Formwork Accessories." 3. "Reinforcement and Reinforcement Supports." 4. "Concrete Mixtures." 5. "Handling, Placing, and Constructing." B. Comply with ACI 117. 2.2 STEEL REINFORCEMENT A. Recycled Content of Steel Products: Postconsumer recycled content plus one-half of preconsumer recycled content not less than 60 percent. B. Reinforcing Bars: ASTM A 615/A 615M, Grade 60, deformed. C. Plain-Steel Wire: ASTM A 1064/A 1064M, as drawn. D. Plain-Steel Welded-Wire Reinforcement: ASTM A 1064/A 1064M, plain, fabricated from as-drawn steel wire into flat sheets. E. Deformed-Steel Welded-Wire Reinforcement: ASTM A 1064/A 1064M, flat sheet. 2.3 CONCRETE MATERIALS A. Regional Materials: Concrete shall be manufactured within 500 miles of Project site from aggregates and cementitious materials that have been extracted, harvested, or recovered, as well as manufactured, within 500 miles of Project site. B. Source Limitations: Obtain each type or class of cementitious material of the same brand from the same manufacturer's plant, obtain aggregate from single source, and obtain admixtures from single source from single manufacturer. MISCELLANEOUS CAST-IN-PLACE CONCRETE 03 30 53 Page 2 of 8 Aviara Community Park -Phase II Project No. 4604 C. Cementitious Materials: 1. Portland Cement: ASTM C 150/C 150M, Type II. 2. Fly Ash: ASTM C 618, Class C or F. 3. Slag Cement: ASTM C 989/C 989M, Grade 100 or 120. D. Normal-Weight Aggregate: ASTM C 33/C 33M, 1-1/2-inch nominal maximum aggregate size. E. 1-inchAir-Entraining Admixture: ASTM C 260/C 260M. F. Chemical Admixtures: Certified by manufacturer to be compatible with other admixtures and that do not contribute water-soluble chloride ions exceeding those permitted in hardened concrete. Do not use calcium chloride or admixtures containing calcium chloride. 1. Water-Reducing Admixture: ASTM C 494/C 494M, Type A. 2. Retarding Admixture: ASTM C 494/C 494M, Type B. 3. Water-Reducing and Retarding Admixture: ASTM C 494/C 494M, Type D. 4. High-Range, Water-Reducing Admixture: ASTM C 494/C 494M, Type F. 5. High-Range, Water-Reducing and Retarding Admixture: ASTM C 494/C 494M, Type G. 6. Plasticizing and Retarding Admixture: ASTM C 1017/C 1017M, Type II. G. Water: ASTM C 94/C 94M. 2.4 RELATED MATERIALS A. Vapor Retarder: Plastic sheet, ASTM E 1745, Class A or B. B. Vapor Retarder: Polyethylene sheet, ASTM D 4397, not less than 10 mils thick; or plastic sheet, ASTM E 1745, Class C. C. Joint-Filler Strips: ASTM D 1751, asphalt-saturated cellulosic fiber, or ASTM D 1752, cork or self-expanding cork. 2.5 CURING MATERIALS A. Evaporation Retarder: Waterborne, monomolecular film forming; manufactured for application to fresh concrete. B. Absorptive Cover: AASHTO M 182, Class 3, burlap cloth or cotton mats. C. Moisture-Retaining Cover: ASTM C 171, polyethylene film or white burlap-polyethylene sheet. D. Water: Potable. MISCELLANEOUS CAST-IN-PLACE CONCRETE 03 30 53 Page 3 of 8 Aviara Community Park-Phase II Project No. 4604 E. Clear, Waterborne, Membrane-Forming Curing Compound: ASTM C 309, Type 1, Class B. F. Clear, Waterborne, Membrane-Forming Curing and Sealing Compound: ASTM C 1315, Type 1, Class A. 1. voe Content: 200 g/L or less. 2.6 CONCRETE MIXTURES A. Comply with ACI 301. B. Normal-Weight Concrete: 1. Minimum Compressive Strength: As indicated at 28 days. 2. Cementitious Materials: Use fly ash, pozzolan, slag cement, and silica fume as needed to reduce the total amount of portland cement, which would otherwise be used, by not less than 40 percent. 3. Slump Limit: 4 inches, plus or minus 1 inch. 4. Air Content: Maintain within range permitted by ACI 301. Do not allow air content of trowel-finished floor slabs to exceed 3 percent. 2.7 CONCRETE MIXING A. Ready-Mixed Concrete: Measure, batch, mix, and deliver concrete according to ASTM C 94/C 94M and ASTM C 1116/C 1116, and furnish batch ticket information. 1. When air temperature is above 90 deg F, reduce mixing and delivery time to 60 minutes. B. Project-Site Mixing: Measure, batch, and mix concrete materials and concrete according to ASTM C 94/C 94M. Mix concrete materials in appropriate drum-type batch machine mixer. 1. For mixer capacity of 1 cu. yd. or smaller, continue mixing at least 1-1/2 minutes, but not more than 5 minutes after ingredients are in mixer, before any part of batch is released. 2. For mixer capacity larger than 1 cu. yd., increase mixing time by 15 seconds for each additional 1 cu. yd. 3. Provide batch ticket for each batch discharged and used in the Work, indicating Project identification name and number, date, mix type, mix time, quantity, and amount of water added. Record approximate location of final deposit in structure. MISCELLANEOUS CAST-IN-PLACE CONCRETE 03 30 53 Page 4 of 8 Aviara Community Park-Phase II Project No. 4604 PART 3 -EXECUTION 3.1 FORMWORK INSTALLATION A. Design, construct, erect, brace, and maintain formwork according to ACI 301. 3.2 EMBEDDED ITEM INSTALLATION A. Place and secure anchorage devices and other embedded items required for adjoining work that is attached to or supported by cast-in-place concrete. Use setting drawings, templates, diagrams, instructions, and directions furnished with items to be embedded. 3.3 VAPOR-RETARDER INSTALLATION A. Install, protect, and repair vapor retarders according to ASTM E 1643; place sheets in position with longest dimension parallel with direction of pour. 1. Lap joints 6 inches and seal with manufacturer's recommended adhesive or joint tape. 3.4 STEEL REINFORCEMENT INSTALLATION A. Comply with CRSl's "Manual of Standard Practice" for fabricating, placing, and supporting reinforcement. 1. Do not cut or puncture vapor retarder. Repair damage and reseal vapor retarder before placing concrete. 3.5 JOINTS A. General: Construct joints true to line with faces perpendicular to surface plane of concrete. B. Construction Joints: Install so strength and appearance of concrete are not impaired, at locations indicated or as approved by Landscape Architect. C. Contraction Joints in Slabs-on-Grade: Form weakened-plane contraction joints, sectioning concrete into areas as indicated. Construct contraction joints for a depth equal to at least one-fourth of concrete thickness, as follows: 1. Grooved Joints: Form contraction joints after initial floating by grooving and finishing each edge of joint to a radius of 1/8 inch. Repeat grooving of contraction joints after applying surface finishes. Eliminate groover marks on concrete surfaces. 2. Sawed Joints: Form contraction joints with power saws equipped with shatterproof abrasive or diamond-rimmed blades. Cut 1/8-inch-wide joints into MISCELLANEOUS CAST-IN-PLACE CONCRETE 03 30 53 Page 5 of 8 Aviara Community Park -Phase II Project No. 4604 concrete when cutting action does not tear, abrade, or otherwise damage surface and before concrete develops random contraction cracks. D. Isolation Joints in Slabs-on-Grade: After removing formwork, install joint-filler strips at slab junctions with vertical surfaces, such as column pedestals, foundation walls, grade beams, and other locations, as indicated. 1. Extend joint-filler strips full width and depth of joint, terminating flush with finished concrete surface unless otherwise indicated. 3.6 CONCRETE PLACEMENT A. Comply with ACI 301 for placing concrete. B. Before test sampling and placing concrete, water may be added at Project site, subject to limitations of ACI 301. C. Do not add water to concrete during delivery, at Project site, or during placement. D. Consolidate concrete with mechanical vibrating equipment according to ACI 301. E. Equipment Bases and Foundations: 1. Coordinate sizes and locations of concrete bases with actual equipment provided. 2. Construct concrete bases 4 inches high unless otherwise indicated; and extend base not less than 6 inches in each direction beyond the maximum dimensions of supported equipment unless otherwise indicated or unless required for seismic anchor support. 3. Minimum Compressive Strength: 3000 psi at 28 days. 4. Install dowel rods to connect concrete base to concrete floor. Unless otherwise indicated, install dowel rods on 18-inch centers around the full perimeter of concrete base. 5. For supported equipment, install epoxy-coated anchor bolts that extend through concrete base, and anchor them into structural concrete substrate. 6. Prior to pouring concrete, place and secure anchorage devices. Use setting drawings, templates, diagrams, instructions, and directions furnished with items to be embedded. 7. Cast anchor-bolt insert into bases. Install anchor bolts to elevations required for proper attachment to supported equipment. 3.7 FINISHING FORMED SURFACES A. 1/2 inch Smooth-Formed Finish: As-cast concrete texture imparted by form-facing material, arranged in an orderly and symmetrical manner with a minimum of seams. Repair and patch tie holes and defective areas. Remove fins and other projections exceeding 1/8 inch. 1. Apply to concrete surfaces exposed to public view. MISCELLANEOUS CAST-IN-PLACE CONCRETE 03 30 53 Page 6 of 8 Aviara Community Park -Phase II Project No. 4604 8. Rubbed Finish: Apply the following rubbed finish, defined in ACI 301, to smooth- formed-finished as-cast concrete where indicated: 1. Smooth-rubbed finish. C. Related Unformed Surfaces: At tops of walls, horizontal offsets, and similar unformed surfaces adjacent to formed surfaces, strike off smooth and finish with a texture matching adjacent formed surfaces. Continue final surface treatment of formed surfaces uniformly across adjacent unformed surfaces unless otherwise indicated. 3.8 FINISHING UNFORMED SURFACES A. General: Comply with ACI 302.1 R for screeding, restraightening, and finishing operations for concrete surfaces. Do not wet concrete surfaces. 8. Screed surfaces with a straightedge and strike off. Begin initial floating using bull floats or darbies to form a uniform and open-textured surface plane before excess moisture or bleedwater appears on surface. 1. Do not further disturb surfaces before starting finishing operations. C. Scratch Finish: Apply scratch finish to surfaces indicated and surfaces to receive concrete floor topping or mortar setting beds for ceramic or quarry tile, portland cement terrazzo, and other bonded cementitious floor finishes unless otherwise indicated. D. Float Finish: Apply float finish to surfaces indicated, to surfaces to receive trowel finish, and to floor and slab surfaces to be covered with fluid-applied or sheet waterproofing, fluid-applied or direct-to-deck-applied membrane roofing, or sand-bed terrazzo. E. Trowel Finish: Apply a hard trowel finish to surfaces indicated and to floor and slab surfaces exposed to view or to be covered with resilient flooring, carpet, ceramic or quarry tile set over a cleavage membrane, paint, or another thin film-finish coating system. F. Trowel and Fine-Broom Finish: Apply a partial trowel finish, stopping after second troweling, to surfaces indicated and to surfaces where ceramic or quarry tile is to be installed by either thickset or thinset methods. Immediately after second troweling, and when concrete is still plastic, slightly scarify surface with a fine broom. G. Slip-Resistive Broom Finish: Apply a slip-resistive finish to surfaces indicated and to exterior concrete platforms, steps, and ramps. Immediately after float finishing, slightly roughen trafficked surface by brooming with fiber-bristle broom perpendicular to main traffic route. 3.9 CONCRETE PROTECTING AND CURING A. General: Protect freshly placed concrete from premature drying and excessive cold or hot temperatures. Comply with ACI 306.1 for cold-weather protection and with ACI 301 for hot-weather protection during curing. MISCELLANEOUS CAST-IN-PLACE CONCRETE 03 30 53 Page 7 of 8 Aviara Community Park -Phase II Project No. 4604 B. Evaporation Retarder: Apply evaporation retarder to concrete surfaces if hot, dry, or windy conditions cause moisture loss approaching 0.2 lb/sq. ft. x h before and during finishing operations. Apply according to manufacturer's written instructions after placing, screeding, and bull floating or darbying concrete, but before float finishing. C. Begin curing after finishing concrete but not before free water has disappeared from concrete surface. D. Curing Methods: Cure formed and unformed concrete for at least seven days by one or a combination of the following methods: 1. Moisture Curing: Keep surfaces continuously moist for not less than seven days with the following materials: a. Water. b. Continuous water-fog spray. c. Absorptive cover, water saturated, and kept continuously wet. Cover concrete surfaces and edges with 12-inch lap over adjacent absorptive covers. 2. Moisture-Retaining-Cover Curing: Cover concrete surfaces with moisture- retaining cover for curing concrete, placed in widest practicable width, with sides and ends lapped at least 12 inches, and sealed by waterproof tape or adhesive. Cure for not less than seven days. Immediately repair any holes or tears during curing period, using cover material and waterproof tape. 3. Curing Compound: Apply uniformly in continuous operation by power spray or roller according to manufacturer's written instructions. Recoat areas subjected to heavy rainfall within three hours after initial application. Maintain continuity of coating and repair damage during curing period. 4. Curing and Sealing Compound: Apply uniformly to floors and slabs indicated in a continuous operation by power spray or roller according to manufacturer's written instructions. Recoat areas subjected to heavy rainfall within three hours after initial application. Repeat process 24 hours later and apply a second coat. Maintain continuity of coating and repair damage during curing period. 3.10 FIELD QUALITY CONTROL A. Testing Agency: Owner will engage a qualified testing agency to perform tests and inspections. B. Tests: Perform according to ACI 301. 1. Testing Frequency: Obtain one composite sample for each day's pour of each concrete mixture exceeding 5 cu. yd., but less than 25 cu. yd., plus one set for each additional 50 cu. yd. or fraction thereof. 2. Testing Frequency: Obtain at least one composite sample for each 100 cu. yd. or fraction thereof of each concrete mixture placed each day. END OF SECTION 03 30 53 MISCELLANEOUS CAST-IN-PLACE CONCRETE 03 30 53 Page 8 of 8 Aviara Community Park -Phase II SECTION 05 70 00-DECORATIVE METAL PART 1 -GENERAL 1.1 RELATED DOCUMENTS Project No. 4604 A. Drawings and general provIsIons of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section Includes: 1. Decorative fireplace doors. 2. Decorative chimney screen. 3. Decorative metal window design 1.3 COORDINATION A. Coordinate installation of anchorages for decorative metal items. Furnish setting drawings, templates, and directions for installing anchorages, including sleeves, concrete inserts, anchor bolts, and items with integral anchors, that are to be embedded in concrete or masonry. Deliver such items to Project site in time for installation. 1.4 PREINSTALLATION MEETINGS A. Pre-installation Conference: Conduct conference at Project site. 1.5 ACTION SUBMITTALS A. Product Data: For each type of product, including finishing materials. B. Shop Drawings: Show fabrication and installation details for decorative metal. 1. Include plans, elevations, component details, and attachment details. 2. Indicate materials and profiles of each decorative metal member, fittings, joinery, finishes, fasteners, anchorages, and accessory items. C. Patterns, Models, or Plaster Castings: Made from proposed patterns for each design of custom casting required. D. Samples for Initial Selection: For products involving selection of color, texture, or design. DECORATIVE METAL 05 70 00 Page 1 of 10 Aviara Community Park -Phase II Project No. 4604 E. Samples for Verification: For each type of exposed finish. 1. Sections of linear shapes. 2. Full-size Samples of castings and forgings. 3. Samples of joints showing quality of workmanship and color matching of materials. 1.6 INFORMATIONAL SUBMITTALS A. Qualification Data: For fabricator. B. Welding certificates. 1.7 QUALITY ASSURANCE A. Fabricator Qualifications: A firm experienced in producing decorative metal similar to that indicated for this Project and with a record of successful in-service performance, as well as sufficient production capacity to produce required units. B. Installer Qualifications: Fabricator of products. C. Powder-Coating Applicator Qualifications: A firm experienced in successfully applying powder coatings of type indicated and employing competent control personnel to conduct continuing, effective quality-control program to ensure compliance with requirements. D. Welding Qualifications: Qualify procedures and personnel according to the following: 1. AWS D1 .1/D1 .1 M, "Structural Welding Code -Steel." 2. AWS D1 .2/D1 .2M, "Structural Welding Code -Aluminum." 3. AWS D1 .3/D1 .3M, "Structural Welding Code -Sheet Steel." 4. AWS D1 .6/01 .6M, "Structural Welding Code -Stainless Steel." E. Mockups: Build mockups to verify selections made under Sample submittals, to demonstrate aesthetic effects, and to set quality standards for fabrication and installation. Mock-ups shall show materials and workmanship to be expected in the completed work. Make necessary revisions as required until each mock-up is accepted by the Architect and the City's Representative. Accepted mock-ups shall remain in place. Mock-ups shall not be fabricated until after acceptance of required submittals for all finish materials to be incorporated into the mock-ups. Project schedule shall DECORATIVE METAL 05 70 00 Page 2 of 10 Aviara Community Park -Phase II Project No. 4604 take into account early submittal of these components to the Architect and City representative. 1. Submit shop drawings for the mock-up that integrate shop drawings of each finish material. Clearly identify components and materials to be integrated into the assembly. 2. Provide mock-ups of the following: A. Decorative metal at window openings as shown on detail 13/A9.3. Mock-up is to be full-size and is to show color range, texture range, workmanship and connections to adjacent work. B. Decorative metal chimney screen panel as shown on detail 11/A9.5. Mock-up is to be full-size and is to show color range, texture range, workmanship, connections of corner, top, bottom and attachment conditions. C. Decorative metal fireplace doors as shown on detail 13/A9.5 as well as all fireplace elevation details on A5.2. Mock-up is to be full-size of two connected panels and is to show color range, texture range, workmanship, as well as all connections, including but not limited to hinges, handles, locking and hold-open latches. Mock-up to include and show fireplace masonry connections. D. Decorative metal panel above window openings 3, 4, & 5 on south elevation. Mock-up is to be 2'-0"x2'-0" and is to show color range, texture range, workmanship, as well as top, jamb and bottom edge conditions. 3. Subject to compliance with requirements, approved mockups may become part of the completed Work if undisturbed at time of Substantial Completion 1.8 DELIVERY, STORAGE, AND HANDLING A. Store decorative metal in a well-ventilated area, away from uncured concrete and masonry, and protected from weather, moisture, soiling, abrasion, extreme temperatures, and humidity. B. Deliver and store cast-metal products in wooden crates surrounded by enough packing material to ensure that products are not cracked or otherwise damaged. 1.9 FIELD CONDITIONS A. Field Measurements: Verify actual locations of walls and other construction contiguous with decorative metal by field measurements before fabrication and indicate measurements on Shop Drawings. DECORATIVE METAL 05 70 00 Page 3 of 10 Aviara Community Park -Phase II Project No. 4604 PART 2-PRODUCTS 2.1 METALS, GENERAL A. Metal Surfaces, General: Use materials with smooth, flat surfaces unless otherwise indicated. Use materials without seam marks, roller marks, rolled trade names, stains, discolorations, or blemishes. 2.2 STEEL AND IRON A. Tubing: ASTM A 500/A 500M (cold formed) or ASTM A 513, Type 5 (mandrel drawn). B. Bars: Hot-rolled, carbon steel complying with ASTM A 29/A 29M, Grade 1010. C. Plates, Shapes, and Bars: ASTM A 36/A 36M. D. Cast Iron: Either gray iron, ASTM A 48/A 48M, or malleable iron, ASTM A 47/A 47M unless otherwise indicated. E. Steel Sheet, Cold Rolled: ASTM A 1008/A 1008M, either commercial steel or structural steel, exposed. 2.3 FASTENERS A. Fastener Materials: Unless otherwise indicated, provide the following: 1. Uncoated-Steel Items: Plated steel fasteners complying with ASTM B 633, Class Fe/Zn 25 for electrodeposited zinc coating where concealed, Type 304 stainless-steel fasteners where exposed. 2. Galvanized-Steel Items: Plated steel fasteners complying with ASTM B 633, Class Fe/Zn 25 for electrodeposited zinc coating. B. Fasteners for Anchoring to Other Construction: Unless otherwise indicated, select fasteners of type, grade, and class required to produce connections suitable for anchoring indicated items to other types of construction indicated. C. Provide concealed fasteners for interconnecting components and for attaching decorative metal items to other work unless exposed fasteners are unavoidable. 1. Provide tamper-resistant flat-head machine screws for exposed fasteners unless otherwise indicated. 2.4 MISCELLANEOUS MATERIALS A. Welding Rods and Bare Electrodes: Select according to AWS specifications for metal alloy welded. DECORATIVE METAL 05 70 00 Page 4 of 10 Aviara Community Park -Phase II Project No. 4604 B. Brazing Rods: For copper alloys, provide type and alloy as recommended by producer of metal to be brazed and as required for color match, strength, and compatibility in fabricated items. C. Etching Cleaner for Galvanized Metal: Complying with MPl#25. D. Galvanizing Repair Paint: High-zinc-dust-content paint complying with SSPC- Paint 20 and compatible with paints specified to be used over it. E. Lacquer for Copper Alloys: Clear, acrylic lacquer specially developed for coating copper-alloy products. F. Shop Primers: Provide primers that comply with Section 099113 "Exterior Painting." G. Universal Shop Primer for Ferrous Metal: Fast-curing, lead-and chromate-free, universal modified-alkyd primer complying with MPl#79 and compatible with topcoat. 1. Use primer containing pigments that make it easily distinguishable from zinc-rich primer. H. Shop Primer for Galvanized Steel: Water-based galvanized metal primer complying with MPl#134. I. Intermediate Coats and Topcoats for Steel: Provide products that comply with Section 099113 "Exterior Painting." J. Epoxy Intermediate Coat for Steel: Complying with MPl#77 and compatible with primer and topcoat. K. Polyurethane Topcoat for Steel: Complying with MPl#72 and compatible with undercoat. L. Bituminous Paint: Cold-applied asphalt emulsion complying with ASTM D 1187/D 1187M. 2.5 FABRICATION, GENERAL A. Assemble items in the shop to greatest extent possible to minimize field splicing and assembly. Disassemble units only as necessary for shipping and handling limitations. Clearly mark units for reassembly and coordinated installation. Use connections that maintain structural value of joined pieces. B. Make up wire-rope assemblies in the shop to field-measured dimensions with fittings machine swaged. Minimize amount of turnbuckle take-up used for dimensional adjustment so maximum amount is available for tensioning wire ropes. Tag wire-rope assemblies and fittings to identify installation locations and orientations for coordinated installation. DECORATIVE METAL 05 70 00 Page 5 of 10 Aviara Community Park -Phase II Project No. 4604 C. Form decorative metal to required shapes and sizes, true to line and level with true curves and accurate angles and surfaces. Finish exposed surfaces to smooth, sharp, well-defined lines and arris. D. Form bent-metal corners to smallest radius possible without causing grain separation or otherwise impairing the Work. E. Form simple and compound curves in bars, pipe, tubing, and extruded shapes by bending members in jigs to produce uniform curvature for each configuration required; maintain cross section of member throughout entire bend without buckling, twisting, cracking, or otherwise deforming exposed surfaces. F. Cut, drill, and punch metals cleanly and accurately. Remove burrs and ease edges to a radius of approximately 1/32 inch (1 mm) unless otherwise indicated. Remove sharp or rough areas on exposed surfaces. G. Mill joints to a tight, hairline fit. Cope or miter corner joints. Fabricate connections that will be exposed to weather in a manner to exclude water. H. Provide weep holes where water may accumulate. Locate weep holes in inconspicuous locations. I. Provide necessary rebates, lugs, and brackets to assemble units and to attach to other work. Cut, reinforce, drill, and tap as needed to receive finish hardware, screws, and similar items unless otherwise indicated. J. Comply with AWS for recommended practices in shop welding and brazing. Weld and braze behind finished surfaces without distorting or discoloring exposed side. Clean exposed welded and brazed joints of flux, and dress exposed and contact surfaces. 1. Where welding and brazing cannot be concealed behind finished surfaces, finish joints to comply with NOMMA's "Voluntary Joint Finish Standards" for Type 1 Welds: no evidence of a welded joint. 2.6 FINISHES, GENERAL A. Comply with NAAMM's "Metal Finishes Manual for Architectural and Metal Products" for recommendations for applying and designating finishes. B. Protect mechanical finishes on exposed surfaces from damage by applying a strippable, temporary protective covering before shipping. 2.7 STEEL AND IRON FINISHES A. Galvanizing: Hot-dip galvanize products made from rolled, pressed, and forged steel shapes, castings, plates, bars, and strips indicated to be galvanized to comply with ASTM A 123/A 123M. DECORATIVE METAL 05 70 00 Page 6 of 10 Aviara Community Park -Phase II Project No. 4604 1. Hot-dip galvanize steel and iron hardware indicated to be galvanized to comply with ASTM A 153/A 153M. 2. Do not quench or apply post-galvanizing treatments that might interfere with paint adhesion. 3. Fill vent and drain holes that will be exposed in finished Work, unless indicated to remain as weep holes, by plugging with zinc solder and filing off smooth. B. Preparing Galvanized Items for Shop Priming: After galvanizing, thoroughly clean decorative metal of grease, dirt, oil, flux, and other foreign matter, and treat with etching cleaner. C. Preparing Nongalvanized Items for Shop Priming: Prepare uncoated ferrous- metal surfaces to comply with SSPC-SP 6/NACE No. 3, "Commercial Blast Cleaning." requirements indicated below: 1. Exteriors (SSPC Zone 1 B): SSPC-SP 6/NACE No. 3, "Commercial Blast Cleaning." D. Primer Application: Apply shop primer to prepared surfaces of items unless otherwise indicated. Comply with requirements in SSPC-PA 1, "Paint Application Specification No. 1: Shop, Field, and Maintenance Painting of Steel," for shop painting. Primer need not be applied to surfaces to be embedded in concrete or masonry. E. Shop-Painted Finish: Comply with Section 099113 "Exterior Painting." 1. Color: Match Architect's sample. F. Powder-Coat Finish: Prepare, treat, and coat nongalvanized ferrous metal to comply with resin manufacturer's written instructions and as follows: 1. Prepare uncoated ferrous-metal surfaces to comply with SSPC- SP 6/NACE No. 3, "Commercial Blast Cleaning." 2. Treat prepared metal with iron-phosphate pretreatment, rinse, and seal surfaces. 3. Apply thermosetting polyester or acrylic urethane powder coating with cured-film thickness not less than 1.5 mils (0.04 mm). 4. Color: Match Architect's sample. G. Powder-Coat Finish: Prepare, treat, and coat galvanized metal to comply with resin manufacturer's written instructions and as follows: 1. Prepare galvanized metal by thoroughly removing grease, dirt, oil, flux, and other foreign matter. DECORATIVE METAL 05 70 00 Page 7 of 10 Aviara Community Park-Phase II Project No. 4604 2. Treat prepared metal with zinc-phosphate pretreatment, rinse, and seal surfaces. 3. Apply thermosetting polyester or acrylic urethane powder coating with cured-film thickness not less than 1.5 mils (0.04 mm). 4. Color: Match Architect's sample. PART 3 -EXECUTION 3.1 EXAMINATION A. Examine substrates and conditions, with Installer present, for compliance with requirements for installation tolerances and other conditions affecting performance of decorative metal. B. Proceed with installation only after unsatisfactory conditions have been corrected. 3.2 INSTALLATION, GENERAL A. Provide anchorage devices and fasteners where needed to secure decorative metal to in-place construction. B. Perform cutting, drilling, and fitting required to install decorative metal. Set products accurately in location, alignment, and elevation, measured from established lines and levels. Provide temporary bracing or anchors in formwork for items to be built into concrete, masonry, or similar construction. C. Fit exposed connections accurately together to form tight, hairline joints or, where indicated, uniform reveals and spaces for sealants and joint fillers. Where cutting, welding, and grinding are required for proper shop fitting and jointing of decorative metal, restore finishes to eliminate evidence of such corrective work. D. Do not cut or abrade finishes that cannot be completely restored in the field. Return items with such finishes to the shop for required alterations, followed by complete refinishing, or provide new units as required. E. Install concealed gaskets, joint fillers, insulation, and flashings as work progresses. F. Restore protective coverings that have been damaged during shipment or installation. Remove protective coverings only when there is no possibility of damage from other work yet to be performed at same location. 1. Retain protective coverings intact; remove coverings simultaneously from similarly finished items to preclude nonuniform oxidation and discoloration. DECORATIVE METAL 05 70 00 Page 8 of 10 Aviara Community Park -Phase II Project No. 4604 G. Field Welding: Comply with applicable AWS specification for procedures of manual shielded metal arc welding and requirements for welding and for finishing welded connections in "Fabrication, General" Article. Weld connections that are not to be left as exposed joints but cannot be shop welded because of shipping size limitations. H. Field Brazing: Comply with requirements for brazing and for finishing brazed connections in "Fabrication, General" Article. Braze connections that are not to be left as exposed joints but cannot be shop brazed because of shipping size limitations. I. Control of Corrosion: Prevent galvanic action and other forms of corrosion by insulating metals and other materials from direct contact with incompatible materials. 1. Coat concealed surfaces of aluminum that will be in contact with grout, concrete, masonry, wood, or dissimilar metals, with a heavy coat of bituminous paint. 3.3 INSTALLING DECORATIVE WINDOW SECURITY BARS A. Fasten security bar frames to concrete and masonry walls with cast-in-place or post-installed anchors. Peen exposed threads of anchors to prevent removal of security bars. 3.4 CLEANING AND PROTECTION A. Unless otherwise indicated, clean metals by washing thoroughly with clean water and soap, rinsing with clean water, and drying with soft cloths. B. Touchup Painting: Immediately after erection, clean field welds, bolted connections, and abraded areas of shop paint and paint exposed areas with same material as used for shop painting to comply with SSPC-PA 1 for touching up shop-painted surfaces. 1. Apply by brush or spray to provide a minimum 2.0-mil (0.05-mm) dry film thickness. C. Galvanized Surfaces: Clean field welds, bolted connections, and abraded areas and repair galvanizing to comply with ASTM A 780/A 780M. D. Protect finishes of decorative metal from damage during construction period with temporary protective coverings approved by decorative metal fabricator. Remove protective covering at time of Substantial Completion. E. Restore finishes damaged during installation and construction period so no evidence remains of correction work. Return items that cannot be refinished in the field to the shop; make required alterations and refinish entire unit, or provide new units. DECORATIVE METAL 05 70 00 Page 9 of 10 Aviara Community Park -Phase II F. END OF SECTION 05 70 00 DECORATIVE METAL 05 70 00 Project No. 4604 Page 10 of 10 Aviara Community Park-Phase II Project No. 4604 SECTION 28 23 29 -SECURITY CAMERAS PART 1 GENERAL 1.1 SUMMARY A. Section includes a 5 megapixel IP video camera. B. Product - A 5 MPIP video camera, with multi-streaming (H.265, H.264 and MJPEG) capability in a vandal resistant IP67/IK10 rated dome housing with integral IR illuminator. 1.2 REFERENCES A. Abbreviations 1. AGC -Automatic Gain Control 2. ARP -Address Resolution Protocol 3. AWB -Automatic White Balance 4. BLC -Back light compression 5. CBR -Constant Bit Rate 6. CVBS -Color, Video, Blanking, Sync 7. DHCP -Dynamic Host Configuration Protocol 8. DNR -Digital Noise Reduction 9. DNS -Domain Name Server 10. DONS -Dynamic Domain Name Server 11. DSCP -Differentiated Services Code Point 12. fps -frames per second 13. FTP -File Transfer Protocol 14. GOV -Group of Video 15. GUI -Graphical User Interface 16. HD -High Definition 17. HTTP -HyperText Transfer Protocol 18. ICMP -Internet Control Message Protocol 19. IGMP -Internet Group Management Protocol 20. IP -Internet Protocol 21. JPEG -Joint Photographic Experts Group Security Cameras 28 23 29 Page 1 of 14 Aviara Community Park-Phase II Project No. 4604 22. MJPEG -Motion JPEG 23. MP -MegaPixel 24. MPEG -Moving Pictures Experts Group 25. NAS -Network Attached Storage 26. NTP -Network Time Protocol 27. PIM-SM -Protocol Independent Multicast-Sparse Mode 28. PoE -Power over Ethernet 29. PPPoE -Point to Point Protocol over Ethernet 30. RTP -Real-time Transport Protocol 31. RTCP -Real-Time Control Protocol 32. RTSP -Real-Time Streaming Protocol 33. SOK -Software Development Kit 34. SMTP -Simple Mail Transfer Protocol 35. SNMP -Simple Network Management Protocol 36. SSL -Secure Sockets Layer 37. TCP -Transmission Control Protocol 38. UDP -User Datagram Protocol 39. UPnP -Universal Plug and Play 40. VBR -Variable Bit Rate 41. VMS -Video Management System 42. WDR -Wide Dynamic Range 43. LDC -Lens Distortion Correction B. Reference Standards 1. Network-IEEE a. 802.3 Ethernet Standards b. 802.1 x Port-based Network Access Control 2. Video a. ISO/IEC 23008-2:2013,MPEG-H Part2 (ITU H.265, HEVC) b. ISO/ IEC 14496-10, MPEG-4 Part 10 ( ITU H.264) c. ISO/ IEC 10918 -JPEG d. ONVI F -Profiles S and G 3. Emissions Security Cameras 28 23 29 Page 2 of 14 Aviara Community Park -Phase II a. FCC-47 CFR Part 15 Subpart B Class B b. CE EN 55022:2010 4. Immunity -CE a. EN 50130-4:2011 b. EN 61000-3-3:2014 C. EN 61000-4-2:2009 d. EN 61000-4-3:2006+A2:2010 e. EN 61000-4-4:2012 t. EN 61000-4-5:2014 g. EN 61000-4-6:2009 5. Safety a. UL listed b. CE EN 50581 :2012 (hazardous substances) 6. Ingress Protection and Vandal Resistance Project No. 4604 a. ANSI/ IEC60529 -Degrees of Protection Provided by Enclosures: IP67 b. IEC EN 62262 -Degrees of protection provided by enclosures for electrical equipment against external mechanical impacts: IK10 c. IEC 60068-2-75:IK10 c. Definitions 1. GOV(Group of Video object planes) - A set of video frames for H.264 and H.265 compression, indicating a collection of frames from the initial I- Frame (key frame) to the next I-Frame. GOV consists of 2 kinds of frames: I-Frame and P-Frame. 2. Dynamic GOV -Dynamic assignment of GOV length based on the complexity of the scene to efficiently manage bitrate of the video stream and reduce the storage required. 3. Multi-exposure wide dynamic range -Operation which automatically adjusts shutter speed to provide a wide range between dark and light areas visible at the same time, preventing backlighting issues. Long exposure is used for dark areas and a short exposure is used in light areas. Security Cameras 28 23 29 Page 3 of 14 Aviara Community Park -Phase II Project No. 4604 4. Dynamic fps -Dynamic assignment of fps (frames per seconds) based on the movement of object(s) in the scene to efficiently manage bitrate of the video stream and reduce the storage required. 5. Smart Codec-Smart Codec that controls quantization parameter and dynamic fps in H.265 and H.264 to efficiently manage bitrate of the video stream and reduce the storage required. 1.3 SUBMITTALS A Product Data 1. Manufacturer's printed or electronic data sheets 2. Manufacturer's installation and operation manuals 3. Warranty documentation 1.4 QUALIFICATIONS A Manufacturer shall have a minimum of five years' experience in producing IP video equipment. B. Installers shall be trained and authorized by the Manufacturer to install, integrate, test, and commission the system. 1.5 DELIVERY, STORAGE AND HANDLING A Deliver the camera in the manufacturer's original, unopened, undamaged container with identification labels intact. B. Store the camera in a temperature environment specified in section 2.04 Detailed Specification, protected from mechanical and environmental conditions as designated by the manufacturer. 1.6 WARRANTY, LICENSING AND SUPPORT A Manufacturer shall provide at least a limited 3 year warranty for the product to be free of defects in material and workmanship. B. The warranty shall be extended to five (5) years for Hanwha Techwin Gold STEP dealers, and four (4) years for Hanwha Techwin Silver STEP dealers. c. Manufacturer shall provide embedded camera video analytics free of license charges. Security Cameras 28 23 29 Page 4 of 14 Aviara Community Park -Phase II PART 2 PRODUCTS 2.1 EQUIPMENT A. Manufacturer: Hanwha Techwin http://hanwha-security.com/ B. Model: XNV-8080R c. Alternates: None 2.2 GENERAL DESCRIPTION Project No. 4604 A. Video Compression and Transmission -The camera shall have the following properties relating to the video signals it produces. 1. H.265, H.264 and MJPEG compression, each derived from a dedicated encoder and capable of being streamed independently and simultaneously a. H.265 and H.264 -frame rates to maximum 30 fps at all resolution b. MJPEG -frame rates to maximum 30 fps 2. The camera shall be able to configure up to 10 independent video stream profiles with differing encoding, quality, frame rate, resolution, and bit rate settings. 3. The camera shall be able to configure various resolution selections a. 16:9 aspect ratio : 2560 x 1440, 1920 x 1080, 1280 x 720, 800 x 448, 640 X 360 b. 4:3 aspect ratio: 2560 x 1920, 1600 x 1200, 1280 x 960, 1024 x 768, 800 X 600, 640 X 480, 320 X 240, c. 5:4 aspect ratio : 1280 x 1024, 720 x 576, d. 3:2 aspect ratio : 720 x 480, 4. The camera shall be able to stream at least 10 independent video stream type using unicast protocol 5. The camera shall support multicast and unicast video streaming 6. The camera shall be able to configure Dynamic DNS (DONS). 7. Smart Codec, Dynamic GOV, and Dynamic fps to efficiently manage bitrate of the video stream. B. Camera -The camera device shall have the following physical and performance properties: Security Cameras 28 23 29 Page 5 of 14 Aviara Community Park-Phase II Project No. 4604 1. Dustproof, waterproof, and IP67 rated. 2. IK10 rated for protection against impacts. 3. True day/night operation with removable IR cut filter a. Low light level operation to 0.07 lux at F1 .3 in color mode and O lux in black and white mode with IR LED on. 4. The camera shall support digital noise reduction using both 20 and 30 noise reduction technology 5. Integral IR illumination, providing effective visibility of 50m(164.04ft) at 0 Lux when activated in Black & White mode. 6. Configurable a privacy masking regions utilizing a 4 point polygon 7. The camera shall provide video display on smart phone (iPhone, Android) to adjust viewing angle, rotation and focus using a direct USB connection and/or Wi-Fi dongle. c. Intelligence and Analytics -The camera shall have a suite of integral intelligent operations and analytic functions to include: 1. Motion detection with eight definable detection areas with 8 point polygonal zones, minimum / maximum object size. 2. Detection of logical events of specified conditions from the camera's video input a. camera tamper (scene change) b. defocus detection c. fog detection d. motion detection with metadata e. face detection f. virtual area based event (intrusion, enter/exit, appear/disappear, loitering) g. virtual line based event (directional detection, crossing) 3. Detection of logical events of specified conditions from the camera's audio input a. sound classification (scream, gunshot, explosion, crashing glass) D. Interoperability -The camera shall be ONVIF Profiles and G compliant. E. The camera shall possess the following further characteristics: 1. Built-in web server, accessed via standard browsers including Internet Explorer, Firefox, Chrome & Safari Security Cameras 28 23 29 Page 6 of 14 Aviara Community Park-Phase II Project No. 4604 2. Dual edge recording slot like Micro SD/SDHC/SDXC memory card with configurable pre-alarm and post-alarm recording intervals 3. NAS recording option with configurable pre-alarm and post-alarm recording intervals 4. bi-directional audio 5. Alarms and notifications a. alarm notification triggers: 1.) motion detection 2.) tampering detection 3.) alarm input 4.) defocus detection 5.) fog detection 6.) face detection 7.) audio detection 8.) video & audio analytics 9.) network disconnection b. available notification means upon trigger: 1.) file upload via FTP and e-mail 2.) notification via e-mail 3.) record to local storage (SD card) or NAS storage 4.) external output 5.) move to DPTZ preset 6. Pixel Counter available in the web viewer. 7. PoE capable including heater by PoE 2.3 CAMERA SOFTWARE A. The camera shall have a built in web server which supports browser-based configuration using Internet Explorer, Google Chrome, Mozilla Firefox, and Apple Safarifrom a PC or Mac. B. The web viewer shall provide a monitoring screen which displays live camera video and simultaneously provides same-screen access to the following functions: 1. Live view window size Security Cameras 28 23 29 Page 7 of 14 Aviara Community Park -Phase II Project No. 4604 2. Resolution setting 3. Image (snapshot) capture 4. Manual recording to SD or NAS 5. Audio/microphone control 6. Access recorded data playback and camera configuration menus 7. Digital PTZ c. The web viewer shall provide a playback screen which provides access to the following functions: 1. Recorded data search using date and time range 2. Recorded data search using event type 3. Play a recorded video by event triggering 4. Set resolution 5. Play audio if present 6. Generate a backup copy of saved video data D. The web viewer shall provide a setup screen which provides access to the following configuration settings and functions in the camera: 1. Digital video profile to include compression type, maximum or target bit rate, frame rate, multicast parameters, crop encoding area 2. User profile to include password, access level, authentication 3. Date and time 4. Network settings and IP version a. DONS b. SSL, including certificate management c. 802.1 x authentication d. Quality of Service settings e. SNMP to include version selection and settings f. Auto configuration 5. Video setup to include flip and mirror mode, hallway view mode, video type, privacy zone 6. Audio setup to include source, audio codec type, gain, and bit rate 7. Camera settings to include image preset, sensor frame capture, dynamic range, white balance, back light, exposure, day/night operation, on-screen Security Cameras 28 23 29 Page 8 of 14 Aviara Community Park -Phase II Project No. 4604 display, IR illumination, sharpness, contrast, color level, lens distortion correction. 8. Event detection setup to include notification parameters, recording rules, time schedule, tamper protection, motion detection, event triggers 9. System function to include reboot, upgrade, check system and event logs, application (SOK) management 1 o. View profile information E. Minimum client requirements 1. Acceptable Operating Systems: Windows?/ 8.1 / 10, MAC OS X 10.10, 10.11, 10.12 2. Acceptable browsers: Microsoft Internet Explorer and Edge, Mozilla Firefox, Google Chrome, Apple Safari 2.4 DETAILED SPECIFICATIONS A. Video 1. lmager a. Sensor: 1/1.8" 6.44MP CMOS 1.) pixels per sensor: 3096 (H) x 2094(V) total; 2616 (H) x 1976 (V) effective 2.) scanning: progressive b. Minimum illumination 1.) Color mode: O.O?Lux (F1 .3, 30IRE) 2.) Black & white mode: OLux (IR LED on) c. The following features with control settings shall be available: 1.) Camera Title Off/ On (Displayed up to85 characters per line) a.) W/W: English/ Numeric/ Special characters b.) China: English/ Numeric/ Special/ Chinese characters c.) Common: Multi-line (Max. 5), Color (Grey/Green/Red/Blue/Black/White),Transparency, Auto scale by resolution 2.) Day/night setting: True Day & Night 3.) Backlight compensation (BLC): Off/ BLC / HLC / WDR Security Cameras 28 23 29 Page 9 of 14 Aviara Community Park-Phase II Project No. 4604 4.) WDR: 120dB 5.) Digital Noise Reduction (DNR): Off/On (Samsung Super Noise Reduction V) 6.) Motion Detection: Off I On (Bea, 8point polygonal zones) 7.) Privacy Masking: Off I On (32ea, 4point polygonal zones) 8.) Gain Control: Off I Low/ Middle / High 9.) White Balance: ATW / AWC /Manual/ Indoor/ Outdoor 10.) LDC: Off I On (5 levels with min/ max) 11.) Electronic shutter speed: a.) settings: min, max, anti-flicker (2 -1112,000sec) 12.) Image flip: Off I On 13.) Image mirror: Off I On 14.) Hallway view: 0°/90°/270° 15.) Alarm 1/0: Input 1 / Output 1 16.) Alarm Triggers: Motion detection, Tampering detection, Alarm input, Fog detection, Defocus Detection, Face detection, Audio detection, Sound classification, Network disconnection, Intelligent video analytics. 17.) Alarm Events : File upload via FTP and E-mail, Local storage recording at event, Notification via E-mail, External output, 18.) DPTZ preset, Pixel Counter Available in the web viewer. d. Lens: 3.9-9.4mm (2.4x) motorized varifocal 1.) Max. Aperture Ratio F1 .3 2.) Angle of view: H: 92.1 ° -38.7° / V: 67.2° -29.0° / D: 119.9° - 48.6° 3.) Focus Control: Simple focus (Motorized Varifocal), Remote control via network. 4.) Lens Type: DC auto iris, P-lris 5.) Mount Type: Board-in Type e. Manual positional settings: a.) pan: 0°-354° b.) tilt: 0°-67° c.) rotation 0° -355° Security Cameras 28 23 29 Page 10 of 14 Aviara Community Park-Phase II Project No. 4604 2. IR Viewable Length: 50m (164.04ft) 3. Video Streams a. The camera shall be able to produce 10 video profiles, each of which may have the following properties: 1.) Encoding type: a.) H.265 b.) H.264 c.) MJPEG 2.) Resolution: 2560 x 1920, 2560 x 1440, 1920 x 1080, 1600 x 1200, 1280 X 1024, 1280 X 960, 1280 X 720, 1024 X 768, 800 X 600, 800 X 448, 720 X 576, 720 X 480, 640 X 480, 640 X 360, 320 X 240 3.) Maximum frame rate: a.) H.265 and H.264: Maximum 30 fps at all resolutions 4.) MJPEG: Maximum 30 fps 5.) Smart Codec WiseStream II, Dynamic GOV, Dynamic fps 6.) Bit rate control method: a.) H.265 and H.264 i. target bitrate level control ii. constant bit rate (CBR) or variable bit rate (VBR) b.) MJPEG i. target bitrate level control ii. variable bit rate (VBR) 4. Number of multi-streaming profiles: 10 maximum 5. Simultaneous users (total): 20 maximum (unicast) 6. Storage and Recording a. The camera shall have onboard SD card storage (2 slots) 1.) Card type: Micro SD/SDHC/SDXC 2.) Capacity: Up to 512 GB 3.) Image content on the card shall have the ability to be downloaded to a selected destination. b. NAS 7. Interoperability -Video streams shall be capable of supporting ONVIF protocol, profiles S and G. Security Cameras 28 23 29 Page 11 of 14 Aviara Community Park-Phase II Project No. 4604 8. Single Images -The camera shall support .png file image screenshot and export. B. Network 1. Connectivity: 10/100 Base-T Ethernet via RJ-45 connector 2. Protocols supported: a. Transmission Control Protocol (TCP), Internet Protocol (IP) v4 and v6, User Datagram Protocol (UDP) b. Configuration: Dynamic Host Configuration Protocol (DHCP) c. Web services: Hypertext Transfer Protocol (HTTP), Secure HTTP (HTTPS) d. Network services: Address Resolution Protocol (ARP), Bonjour, Domain Name System (DNS), Internet Control Message Protocol (ICMP), Network Time Protocol (NTP), Protocol Independent Multicast- Sparse Mode (PIM-SM), Simple Network Management Protocol (SNMP v1/2c/3 -MIB-2), Universal Plug and Play (UPnP) e. Media: Real-Time Transport Protocol (RTP), Real-Time Control Protocol, Real-Time Streaming Protocol (RTSP) f. Multicast: Internet Group Management Protocol (IGMP) g. Notifications: File Transfer Protocol (FTP), Simple MailTransfer Protocol (SMTP) h. Remote Access: Point-to-Point Protocol over Ethernet)(PPPoE) 3. DONS -The camera shall support DONS services offered by the Manufacturer and other publicly available service offerings. 4. Quality of Service (QoS) -Layer 3 DSCP 5. Security features: a. user password protection b. IP address filtering -list of allowed or blocked IP addresses c. HTTPS(SSL) login authentication d. HTTPS(SSL) secured communications e. Digest login authentication f. User access log g. 802.1 x authentication Security Cameras 28 23 29 Page 12 of 14 Aviara Community Park-Phase II Project No. 4604 6. Discovery -Manufacturer shall offer a discovery program to identify all devices of his manufacture on the network. C. Audio 1. Direction: bi-directional 2. 1/0: Mic-in/ Line-in selectable, Line-out 3. Compression: a. G.711 u-law/G.726/AAC-LC selectable 1.) G.726 (ADPCM) 8KHz, G.711 8KHz 2.) G.726: 16Kbps, 24Kbps, 32Kbps, 40Kbps 3.) AAC-LC: 48Kbps at 8/16/32/48HKz D. Electrical 1. Power a. Input Voltage/ Current PoE (IEEE802.3af, Class3), 12V DC, 24V AC b. Power Consumption: <12.95 W (PoE), <11.5 W (12V DC), <14W (24V AC) E. Mechanical And Environmental 1. Material: a. Housing: Metal(aluminum), vandal resistant 2. Dimensions (W x H): 160.0 x 118.5 mm (6.30 x 4.67 in.). 3. Weight: 1.01 Kg (2.231b.) 4. Temperature: a. Operating: -40° C to 55° C (-40° F to 131 ° F) b. Storage: -50° C to 60° C (-58° F to 140° F) 5. Humidity: 0 -90%, non-condensing 6. Environmental Rating: a. Ingress Protection: IP67, NEMA 4x b. Mechanical (Vandal) Protection: IK10 Security Cameras 28 23 29 Page 13 of 14 Aviara Community Park -Phase II Project No. 4604 PART 3 EXECUTION 3.1 INSTALLERS A. Contractor personnel shall comply with all applicable state and local licensing requirements. 3.2 PREPARATION A. The network design and configuration shall be verified for compatibility and performance with the camera(s). B. Network configuration shall be tested and qualified by the Contractor prior to camera installation. c. All firmware found in products shall be the latest and most up-to-date provided by the manufacturer, or of a version as specified by the provider of the Video Management Application (VMA) or Network Video Recorder (NVR). D. All equipment requiring users to log on using a password shall be configured with user/site-specific password/passwords. No system/product default passwords shall be allowed. 3.3 INSTALLATION A. The Contractor shall carefully follow instructions in documentation provided by the manufacturer to insure all steps have been taken to provide a reliable, easy-to-operate system. B. All equipment shall be tested and configured in accordance with instructions provided by the manufacturer prior to installation. c. Before permanent installation of the system, the Contractor shall test the system in conditions simulating the final installed environment. 3.4 STORAGE A. The hardware shall be stored in an environment where temperature and humidity are in the range specified by the Manufacturer. END OF SECTION 28 23 29 Security Cameras 28 23 29 Page 14 of 14 2 4 5 C G) ~;~.~.L 1 -POWER PLAN SCHMIOT DESIGN GROUP, INC. 6 7 Keynote Legend Key Value Keynote Text 1 PRO E MOTOR RATED SWITCH FOR ROLL UP DOOR PR E AUTOMATIC CONTROLS SUCH THAT FAN OPERATES UPON OCCUPANCY IN COMMUNITY ROOM I AND/OR 'STORAGE/IT ROOM. ~---+l-6-~o-E~-I-DT-~-~-~-Tp-~-~-oc-T-ICC-~-~-~-~-~-~-~-~-t-~-~-~-T-RH-:s-TT-~-~~~-M-.----j jWOMEN'S RESTROOM, AND/OR UTILITY CHASE. 5 I PROVIDE UNDERGROUND CONDUIT FOR CIRCUIT lcoNNECTION 6 12 15 PROVIDE (2) 2"C. FROM THIS LOCATION TO 5' OUTSIDE OF THE BUILDING COORDINATED WITH AMPHITHEATER EC L EE OR OU POWER AND DATA FOR EMPLOYEE TIME CLOCK/WEATHERPROOF ENCLOSURE OWNER FURNISHED OWNER INSTALLED. PROVIDE (3) 1"C. STUB OUTS FROM I.T. CLOSET TO 5'-0" BEYOND BUILDING EXTERIOR FOR FUTURE/CONCURRENT SITE COMMUNICATIONS FACILITIES. SEE DRAWING SE-2.0 (BY ALGIA ENGINEERING) (2) 1-1/4" C. STUB OUT 5'-0" BEYOND BUILDING INTERCEPT EXISTING/NEW CONDUIT PROVIDED UNDER SITE ELECTRICAL SCOPE/PLANS SEE DRAWING SE-2.0 (BY ALGIA ENGINEERING) 2" C. STUB OUT 5'-0" BEYOND BUILDING INTERCEPT EXISTING/NEW CONDUIT PROVIDED UNDER SITE ELECTRICAL SCOPE/PLANS TO EXISTING TELEPHONE PEDASTAL. SEE DRAWING SE-2.0 (BY ALGIA ENGINEERING) PROVIDE J-BOXES AT TRELLIS WITH 1-3/4"C. TO I.T. CLOSET#105 FOR POE CABLES (BY OTHERS) FOR SURVEILLANCE CAMERA (BY OTHERS) TO BE MOUNTED NEAR J-BOX(S). COORDINATE ROUTING/CONCEALING/PAINTING OF CONDUIT AND J-BOXES WITH ARCHITECT. .1 e-----l----l----------l-----t--+---+------1 [§] I r !TY () F Cc\ RI.:" DA l) I l~ 8ACA'<Cl'<CAlTISTICE'PHSIIC><l'<~[SICN • ~ •• • .~ .: i,~;~¥[ :;:;;:r;c~ l~s;:; • ~1~~1J,~~~1::: (vi'= f----t---t----------------t---i---i---t---1 I_ -_--A-V-IA_RA __ C_O_M_M_U_N_/_TY __ PARK. ·· i ...-~OGPROJECTN0154J6 IPlTDATEOT/2812{)16 LaMesaCaifom1a91942-9252 Fax(619)713-5701 o:: I PF=i1 11 · · 1 I L ______________________________________________________________________________ _::=i~::_ _ _1====~=====' ='·=========~:::::::::::::::::;:'.====-===~=t==~l===4=6=0=4===~=4=9=1=-=3=~ SCHMIDT DESIGN GROUP, INC. IALANCING ARTISTIC HP~(S'>IO>I \>I DESIGN \\IIT>< EN•IRONME>ITA( HNSIT1,1tr 1111 Suth Avenue. Su,te 500, San D,e,o. CA 9,•01 t.,.Jrp,honr (6·3}236-1462 facsim1~(619f 236-87 w"'wschm,dtdrsigncom Branch Panel: 2PA Location: STORAGE 104 Volts: 120/240 Suppty From: Phases: 1 Mounting: SURFACE Wlres:3 Enclosure: ' I Tnp :_,I I I C<T Circuit Description A B Pole, , EV CHARGING STATION 40A 2 3550 720 , 1,r; / ' / ' .----,-,_ ------ 3550 180 , ( 5 AMPHITHEJUER 2'lA , 1500 1000 , 7 Afr1PHJTHEATER 20A , 0 ,coo , -A-HI ''" ~= /r 500 180 , ,, PEDESTRIAN LIGHTING 20A , 850 1040 , 13 BOLLARD & SHADE LIGHTING 20A , 420 >'.JO , 15 RECEPTACLE WEST 20A , 360 750 , {f./17 l'<lrl::1lPTAv~ST \/'""" ""' , 360 750 , 19 SPARE 20A , 0 750 , 2~ ~1t<EP. -....,r,;QNT~NEL "-500 750 , 23 -- -500 1500 , --,,, cl\t,t-.1 --v,-; \r" =~ , 250 >'.JO , '~ 27 AMPHITHEATRE 20A , ) 0 1080 , 29 AMPHITHEATRE 20A , Io 500 , 31 AMPHITHEATRE 20A , 1 0 750 2 33 SPARE 20A , ) 0 750 - 35 5f,l',RE , , 2Q.A , 0 445 , l'-H' PAIIIN--->'l-'A1 ___. -,co~ -, 3460 384 , 39 ---3460 ,coo , 41 Total Load: 17374 VA 17015 VA Total Amps: 145A 142A Load Classlllcatlon I Connected Load Demand Factor Estlmatecl Demand Equipment I 'mOVA 100.00% 'mOVA Lightmg I 829VA 125.00% 1036VA Other I 3250VA 100.00% 3250VA Pow" 10890 VA 100.00% 10890 VA Receptacle CBXJVA 100.00% CBXJVA Notes: 1 CIRCUITS 1.3.5,7 9,11,13,15AND 17 REFER TO ELECTRICAL SITE PLANS. A.I.C. Rating: 42000 Mains Type: MCB Mains Rating: 200 A MCB Rattna: 200 A Tnp Circuit Description 20A CONCESSIONS ROOM REC 20A FUTURE UNDER SINK 20A REFRIGERATOR 20A REFRIGERATOR 20A FUTURE AT SHELF 20A CONCESSIONS ROOM REC 20A STORAGE ROOM REC 20A DED DATA REC 20A DED DATA REC 20A DEO DATA REC 20A OED DATA REC 20A CARD READER 20A RESTROOM REC 20A EXTERIOR RECEPTACLES 20A EF-1 & EF-2 20A WH-1 -- 20A INTERIOR LIGHTING 20A EXTERIOR LIGHTING 20A ROLL UP DOOR Panel Totals Total Conn, Load: 34389VA Total Est Demand: 34596VA Total Conn.: 143A Total Est Demand: 144A : I , CKT 2 4 6 8 10 12 14 16 18 20 22 24 26 28 30 32 34 36 38 40 42 ' --- Branch Panel: 2PA1 Location: STORAGE 104 Volts: 120/240 Supply From: 2PA Phases: , Mounting: SURFACE Wires: 3 Enclosure: ! CKT I Circuit Description Tnp -· A B -· , I HA.ND DRYER. WOMENS. , 20A , 1730 0 - 3 HA.ND DRYER -WOMENS ... 20A , 1730 0 - 5 HA.ND DRYER -MENS ... 20A , 1730 0 - 7 HA.ND DRYER· MENS .. 20A , 1730 0 - 9 SPARE 20A , 0 0 -,, SPARE 20A , 0 0 - 13 SPARE 20A , 0 0 - 15 SPARE 20•1 , 0 0 - 17 SPARE 'i!!JA ! , 0 0 - 19 SPARE 20A' , 0 0 - 21 SPACE --0 0 - 23 SPACE --0 0 - 25 27 29 ,, 33 I 35 I 37 39 I 41 I Total Load:I 3460VA 3460VA Total Amps: 29A 'Z9A Load Classification Connectecl Load Demand Factor Estimated Demand Equipment !Now, 6920VA 100.00% 6920 VA RANDALL LAMB r<'"1W«I--ME?£,._jTOCW-.::oo1-l8'.-.gSoon<t<i .....,, __ ;1a...i ~! s,._,oon,1E00<v,-..1 S-"Nc«;GQ.s,,,NFRANCISCO I I A.1,C. Rating: 42000 Mains Type: MLO Mains Rating: 100A I T•p Circuit Description -'SPACE -SPACE -SPACE -SPACE -SPACE -SPACE -SPACE -SPACE -SPACE -SPACE -SPACE -SPACE Panel Totals Total Conn. Load: 6920VA Total Est Demand: 6920VA Total Conn.: 29A Total Est Demand: 29A I I I I C<T 2 4 6 8 10 12 14 16 18 20 22 24 26 28 30 32 34 36 38 40 42 lllctl.--- •ru.-•ru-- ,ea,. SWlllCl smix:nrw. 8TEB. -MERCEPTSFETFRCIITIWEFORIERNI> EX1l:ND EXlS1"tfG 4• CCIOJIT TO NEW SDGIE IETER,IWN. SDG&E TO PROW:IE C0NDUCTORS FDR CXHECT10N TO TIE NEW IIETEMIIMt. NEW IOOIEIETEMINN ~240'12UV,1PH,M r,,,,_l/ltG.,.01tlGND,1-1/4"C. ·· ~ AWG,KJ 1• CHJ, 'r' C. GIil. RllO UFER GNO. =~='~=G=L=E=L=IN=E=D=IA=G=RA=M=========10 -' 11 E3.1 e--------l-------l----------+--,~-+----+------l [ill I r I TY o 1 · r, ,\ R L~B A I) 11 ~ 1:urmrr.\l. .0 1~r.1.1: l.l~r: DJ~Gli\11 l'IJli AV/ARA COMMUNITY PARK ~1 !! \': 1,· D •. ,.,, C:,:( ••• ·-· ••• lsOGPPOJECTNO 1'.:--«)ll I PLTOATE 1)717&16 ,,/ ALAGIA ENGINEERING 17743DELPASODR. (858}-74&-7414 nalagia@san.rr.com AEI#1501.3 _,,,.,-' 0 10 20 40 SCALE 1" • 20'-0" / / / KEYNOTE G) PROWlE CONCRElE BruAAD lllTH WEATHERPROOF GFtl OU1lrn 1'S NllCAlED. RErn! TO OCTAL 2/SE-4.0. @ ElllSl1NG SllG&E TRANSFORMER TO REMAIN. INlERCEPT EXISTING 4 INQl CONDUIT snJBED OUT FROII PAD AND EXTEND TO NEW BUIUllNG. @ EXIS1lNG ATaff TEllPHONE P£D£STAI. TO REMAIN. INTERCEPT EXISTING 2 INQi COlllUIT snJBED OUT FROM P£1l£STAI. AND EXTEND TO NEW BUILDING 1'S SHOWN. 4 ® ® HANlH G. \fRlfY LOCATION IN FED 111TH AROflECT PRIOR TO INSTAU.AllON. PRO'lllE El.£ClRIC "9llQ.E OlARGING STATION. REFER TO OCTAIL 4/SE-4.0. / / / SHADE STRUCTURE WEST SCAI£: 1/8"•1'-o" @ PRO'lllE 1"C.O. FROII POI£ TO DATA Cl.OSET FOR F\Jl\JRE YIIREl.£SS ACCESS PaNT TO BE IIOUNlED AT UGH11NG STANDARD +10'-0". \ ) 2 SHADE STRUCTURE EAST SCAI£: 1/8"-1'-o" "AS BUil T" SE-2.0 ALL I..IGH11NG SHALL BE OESIGNED AND INSTAillD TO REDUCE LICHT SPIJ.AI.E AND SHALL BE ORENlED lOWARDS 11£ ACTNE USE AAEAS TO MINIIIZE CURE TO ~ USES AND TO SIIElD SENSl1M RESOURCES. P.E. ___ EXP. ____ DATE REVIEYtED BY: INSPECTOR DATE 1--.l---1------------1---1--1---1--~ ~ ~Jrla. £!EA~~~~~ ~ ELECTRICAL SITE PLAN f'OR: AV/ARA COMMUNITY PARK Poinsettia Community Park -Phase Ill Project No. 4605 2. Build mockups of cast-in-place concrete in the location and of the size indicated or, if not indicated, build mockups where directed by Architect and not less than 36 inches by 36 inches. 3. Approval of mockups does not constitute approval of deviations from the Contract Documents contained in mockups unless Architect specifically approves such deviations in writing. 4. Subject to compliance with requirements, approved mockups may become part of the completed Work if undisturbed at time of Substantial Completion. PART 2-PRODUCTS 2.1 CONCRETE, GENERAL A. Comply with the following sections of ACI 301 unless modified by requirements in the Contract Documents: 1. "General Requirements." 2. "Formwork and Formwork Accessories." 3. "Reinforcement and Reinforcement Supports." 4. "Concrete Mixtures." 5. "Handling, Placing, and Constructing." B. Comply with ACI 117. 2.2 STEEL REINFORCEMENT A. Recycled Content of Steel Products: Postconsumer recycled content plus one-half of preconsumer recycled content not less than 60 percent. B. Reinforcing Bars: ASTM A 615/A 615M, Grade 60, deformed. C. Plain-Steel Wire: ASTM A 1064/A 1064M, as drawn. D. Plain-Steel Welded-Wire Reinforcement: ASTM A 1064/A 1064M, plain, fabricated from as-drawn steel wire into flat sheets. E. Deformed-Steel Welded-Wire Reinforcement: ASTM A 1064/A 1064M, flat sheet. 2.3 CONCRETE MATERIALS A. Regional Materials: Concrete shall be manufactured within 500 miles of Project site from aggregates and cementitious materials that have been extracted, harvested, or recovered, as well as manufactured, within 500 miles of Project site. MISCELLANEOUS CAST-IN-PLACE CONCRETE 03 30 53 Page 2 of 9 Poinsettia Community Park -Phase Ill Project No. 4605 B. Source Limitations: Obtain each type or class of cementitious material of the same brand from the same manufacturer's plant, obtain aggregate from single source, and obtain admixtures from single source from single manufacturer. C. Cementitious Materials: 1. Portland Cement: ASTM C 150/C 150M, Type II. 2. Fly Ash: ASTM C 618, Class C or F. 3. Slag Cement: ASTM C 989/C 989M, Grade 100 or 120. D. Normal-Weight Aggregate: ASTM C 33/C 33M, 1-1/2-inch nominal maximum aggregate size. E. 1-inch Air-Entraining Admixture: ASTM C 260/C 260M. F. Chemical Admixtures: Certified by manufacturer to be compatible with other admixtures and that do not contribute water-soluble chloride ions exceeding those permitted in hardened concrete. Do not use calcium chloride or admixtures containing calcium chloride. 1. Water-Reducing Admixture: ASTM C 494/C 494M, Type A. 2. Retarding Admixture: ASTM C 494/C 494M, Type B. 3. Water-Reducing and Retarding Admixture: ASTM C 494/C 494M, Type D. 4. High-Range, Water-Reducing Admixture: ASTM C 494/C 494M, Type F. 5. High-Range, Water-Reducing and Retarding Admixture: ASTM C 494/C 494M, Type G. 6. Plasticizing and Retarding Admixture: ASTM C 1017/C 1017M, Type II. G. Water: ASTM C 94/C 94M. 2.4 RELATED MATERIALS A. Vapor Retarder: Plastic sheet, ASTM E 1745, Class A or B. B. Vapor Retarder: Polyethylene sheet, ASTM D 4397, not less than 10 mils thick; or plastic sheet, ASTM E 1745, Class C. C. Joint-Filler Strips: ASTM D 1751, asphalt-saturated cellulosic fiber, or ASTM D 1752, cork or self-expanding cork. 2.5 CURING MATERIALS A. Evaporation Retarder: Waterborne, monomolecular film forming; manufactured for application to fresh concrete. B. Absorptive Cover: AASHTO M 182, Class 3, burlap cloth or cotton mats. MISCELLANEOUS CAST-IN-PLACE CONCRETE 03 30 53 Page 3 of 9 Poinsettia Community Park -Phase Ill Project No. 4605 C. Moisture-Retaining Cover: ASTM C 171, polyethylene film or white burlap-polyethylene sheet. D. Water: Potable. E. Clear, Waterborne, Membrane-Forming Curing Compound: ASTM C 309, Type 1, Class B. F. Clear, Waterborne, Membrane-Forming Curing and Sealing Compound: ASTM C 1315, Type 1, Class A. 1 . voe Content: 200 g/L or less. 2.6 CONCRETE MIXTURES A. Comply with ACI 301. B. Normal-Weight Concrete: 1. Minimum Compressive Strength: As indicated at 28 days. 2. Cementitious Materials: Use fly ash, pozzolan, slag cement, and silica fume as needed to reduce the total amount of portland cement, which would otherwise be used, by not more than 25% 3. Slump Limit: 4 inches, plus or minus 1 inch. 4. Air Content: Maintain within range permitted by ACI 301. Do not allow air content of trowel-finished floor slabs to exceed 3 percent. 2.7 CONCRETE MIXING A. Ready-Mixed Concrete: Measure, batch, mix, and deliver concrete according to ASTM C 94/C 94M and ASTM C 1116/C 1116, and furnish batch ticket information. 1. When air temperature is above 90 deg F, reduce mixing and delivery time to 60 minutes. B. Project-Site Mixing: Measure, batch, and mix concrete materials and concrete according to ASTM C 94/C 94M. Mix concrete materials in appropriate drum-type batch machine mixer. 1. For mixer capacity of 1 cu. yd. or smaller, continue mixing at least 1-1/2 minutes, but not more than 5 minutes after ingredients are in mixer, before any part of batch is released. 2. For mixer capacity larger than 1 cu. yd., increase mixing time by 15 seconds for each additional 1 cu. yd. 3. Provide batch ticket for each batch discharged and used in the Work, indicating Project identification name and number, date, mix type, mix time, quantity, and amount of water added. Record approximate location of final deposit in structure. MISCELLANEOUS CAST-IN-PLACE CONCRETE 03 30 53 Page 4 of 9 Poinsettia Community Park -Phase Ill Project No. 4605 PART 3 -EXECUTION 3.1 FORMWORK INSTALLATION A. Design, construct, erect, brace, and maintain formwork according to ACI 301. 3.2 EMBEDDED ITEM INSTALLATION A. Place and secure anchorage devices and other embedded items required for adjoining work that is attached to or supported by cast-in-place concrete. Use setting drawings, templates, diagrams, instructions, and directions furnished with items to be embedded. 3.3 VAPOR-RETARDER INSTALLATION A. Install, protect, and repair vapor retarders according to ASTM E 1643; place sheets in position with longest dimension parallel with direction of pour. 1. Lap joints 6 inches and seal with manufacturer's recommended adhesive or joint tape. 3.4 STEEL REINFORCEMENT INSTALLATION A. Comply with CRSl's "Manual of Standard Practice" for fabricating, placing, and supporting reinforcement. 1. Do not cut or puncture vapor retarder. Repair damage and reseal vapor retarder before placing concrete. 3.5 JOINTS A. General: Construct joints true to line with faces perpendicular to surface plane of concrete. B. Construction Joints: Install so strength and appearance of concrete are not impaired, at locations indicated or as approved by Landscape Architect. C. Contraction Joints in Slabs-on-Grade: Form weakened-plane contraction joints, sectioning concrete into areas as indicated. Construct contraction joints for a depth equal to at least one-fourth of concrete thickness, as follows: 1. Grooved Joints: Form contraction joints after initial floating by grooving and finishing each edge of joint to a radius of 1 /8 inch. Repeat grooving of contraction joints after applying surface finishes. Eliminate groover marks on concrete surfaces. MISCELLANEOUS CAST-IN-PLACE CONCRETE 03 30 53 Page 5 of 9 Poinsettia Community Park -Phase Ill Project No. 4605 2. Sawed Joints: Form contraction joints with power saws equipped with shatterproof abrasive or diamond-rimmed blades. Cut 1/8-inch-wide joints into concrete when cutting action does not tear, abrade, or otherwise damage surface and before concrete develops random contraction cracks. D. Isolation Joints in Slabs-on-Grade: After removing formwork, install joint-filler strips at slab junctions with vertical surfaces, such as column pedestals, foundation walls, grade beams, and other locations, as indicated. 1. Extend joint-filler strips full width and depth of joint, terminating flush with finished concrete surface unless otherwise indicated. 3.6 CONCRETE PLACEMENT A. Comply with ACI 301 for placing concrete. B. Before test sampling and placing concrete, water may be added at Project site, subject to limitations of ACI 301. C. Do not add water to concrete during delivery, at Project site, or during placement. D. Consolidate concrete with mechanical vibrating equipment according to ACI 301. E. Equipment Bases and Foundations: 1. Coordinate sizes and locations of concrete bases with actual equipment provided. 2. Construct concrete bases 4 inches high unless otherwise indicated; and extend base not less than 6 inches in each direction beyond the maximum dimensions of supported equipment unless otherwise indicated or unless required for seismic anchor support. 3. Minimum Compressive Strength: 3000 psi at 28 days. 4. Install dowel rods to connect concrete base to concrete floor. Unless otherwise indicated, install dowel rods on 18-inch centers around the full perimeter of concrete base. 5. For supported equipment, install epoxy-coated anchor bolts that extend through concrete base, and anchor them into structural concrete substrate. 6. Prior to pouring concrete, place and secure anchorage devices. Use setting drawings, templates, diagrams, instructions, and directions furnished with items to be embedded. 7. Cast anchor-bolt insert into bases. Install anchor bolts to elevations required for proper attachment to supported equipment. 3.7 FINISHING FORMED SURFACES A. 1/2 inch Smooth-Formed Finish: As-cast concrete texture imparted by form-facing material, arranged in an orderly and symmetrical manner with a minimum of seams. MISCELLANEOUS CAST-IN-PLACE CONCRETE 03 30 53 Page 6 of 9 Poinsettia Community Park -Phase Ill Project No. 4605 Repair and patch tie holes and defective areas. Remove fins and other projections exceeding 1/8 inch. 1. Apply to concrete surfaces exposed to public view. B. Rubbed Finish: Apply the following rubbed finish, defined in ACI 301, to smooth- formed-finished as-cast concrete where indicated: 1. Smooth-rubbed finish. C. Related Unformed Surfaces: At tops of walls, horizontal offsets, and similar unformed surfaces adjacent to formed surfaces, strike off smooth and finish with a texture matching adjacent formed surfaces. Continue final surface treatment of formed surfaces uniformly across adjacent unformed surfaces unless otherwise indicated. 3.8 FINISHING UNFORMED SURFACES A. General: Comply with ACI 302.1 R for screeding, restraightening, and finishing operations for concrete surfaces. Do not wet concrete surfaces. B. Screed surfaces with a straightedge and strike off. Begin initial floating using bull floats or darbies to form a uniform and open-textured surface plane before excess moisture or bleedwater appears on surface. 1. Do not further disturb surfaces before starting finishing operations. C. Scratch Finish: Apply scratch finish to surfaces indicated and surfaces to receive concrete floor topping or mortar setting beds for ceramic or quarry tile, portland cement terrazzo, and other bonded cementitious floor finishes unless otherwise indicated. D. Float Finish: Apply float finish to surfaces indicated, to surfaces to receive trowel finish, and to floor and slab surfaces to be covered with fluid-applied or sheet waterproofing, fluid-applied or direct-to-deck-applied membrane roofing, or sand-bed terrazzo. E. Trowel Finish: Apply a hard trowel finish to surfaces indicated and to floor and slab surfaces exposed to view or to be covered with resilient flooring, carpet, ceramic or quarry tile set over a cleavage membrane, paint, or another thin film-finish coating system. F. Trowel and Fine-Broom Finish: Apply a partial trowel finish, stopping after second troweling, to surfaces indicated and to surfaces where ceramic or quarry tile is to be installed by either thickset or thinset methods. Immediately after second troweling, and when concrete is still plastic, slightly scarify surface with a fine broom. G. Slip-Resistive Broom Finish: Apply a slip-resistive finish to surfaces indicated and to exterior concrete platforms, steps, and ramps. Immediately after float finishing, slightly roughen trafficked surface by brooming with fiber-bristle broom perpendicular to main traffic route. MISCELLANEOUS CAST-IN-PLACE CONCRETE 03 30 53 Page 7 of 9 Poinsettia Community Park-Phase Ill Project No. 4605 3.9 CONCRETE PROTECTING AND CURING A. General: Protect freshly placed concrete from premature drying and excessive cold or hot temperatures. Comply with ACI 306.1 for cold-weather protection and with ACI 301 for hot-weather protection during curing. B. Evaporation Retarder: Apply evaporation retarder to concrete surfaces if hot, dry, or windy conditions cause moisture loss approaching 0.2 lb/sq. ft. x h before and during finishing operations. Apply according to manufacturer's written instructions after placing, screeding, and bull floating or darbying concrete, but before float finishing. C. Begin curing after finishing concrete but not before free water has disappeared from concrete surface. D. Curing Methods: Cure formed and unformed concrete for at least seven days by one or a combination of the following methods: 1. Moisture Curing: Keep surfaces continuously moist for not less than seven days with the following materials: a. Water. b. Continuous water-fog spray. c. Absorptive cover, water saturated, and kept continuously wet. Cover concrete surfaces and edges with 12-inch lap over adjacent absorptive covers. 2. Moisture-Retaining-Cover Curing: Cover concrete surfaces with moisture- retaining cover for curing concrete, placed in widest practicable width, with sides and ends lapped at least 12 inches, and sealed by waterproof tape or adhesive. Cure for not less than seven days. Immediately repair any holes or tears during curing period, using cover material and waterproof tape. 3. Curing Compound: Apply uniformly in continuous operation by power spray or roller according to manufacturer's written instructions. Recoat areas subjected to heavy rainfall within three hours after initial application. Maintain continuity of coating and repair damage during curing period. 4. Curing and Sealing Compound: Apply uniformly to floors and slabs indicated in a continuous operation by power spray or roller according to manufacturer's written instructions. Recoat areas subjected to heavy rainfall within three hours after initial application. Repeat process 24 hours later and apply a second coat. Maintain continuity of coating and repair damage during curing period. 3.10 FIELD QUALITY CONTROL A. Testing Agency: Owner will engage a qualified testing agency to perform tests and inspections. B. Tests: Perform according to ACI 301. MISCELLANEOUS CAST-IN-PLACE CONCRETE 03 30 53 Page 8 of 9 Poinsettia Community Park-Phase Ill Project No. 4605 1. Testing Frequency: Obtain one composite sample for each day's pour of each concrete mixture exceeding 5 cu. yd., but less than 25 cu. yd., plus one set for each additional 50 cu. yd. or fraction thereof. 2. Testing Frequency: Obtain at least one composite sample for each 100 cu. yd. or fraction thereof of each concrete mixture placed each day. END OF SECTION 03 30 53 MISCELLANEOUS CAST-IN-PLACE CONCRETE 03 30 53 Page 9 of 9 Poinsettia Community Park -Phase Ill Project No. 4605 SECTION 10 90 00 -MUL Tl-SPORT ARENA PART 1 -GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. General Soccer Arena construction including furnishing and installation of soccer arena dasherboards, soccer equipment such as goals, netting, gates, team benches, score keepers box table and benches, spectator bleachers, & athletic and recreational surfacing/synthetic grass surfacing. B. Section includes: 1 . Arena Screen 2. Dasherboard 3. Arena Gates & Latches 4. Goals & Goal Nets 5. Team Benches 6. Score Keepers Box Table & Benches 7. Bleachers 8. Athletic and Recreational Surfacing/Synthetic Grass Surfacing C. Related Requirements: 1. Section 03 30 53 "Miscellaneous Cast-In-Place Concrete" for perimeter curb, setting dasherboard posts, and scoreboard posts. 2. Section 11 48 00 "Scoreboard" for arena scoreboard 3. Section 26 05 19 "Low Voltage Electrical Power Conductors & Cables" for wiring of scoreboard and lights. 4. Section 26 56 68 "Exterior Athletic Lights" for arena lighting. 5. Section 31 20 00 "Earth Moving" for site grading and excavation to depth necessary for installation of sub-base, and installation of sub-base. 6. Section 32 13 43 "Pervious Concrete Paving" for hardscape. 7. Section 32 17 23.13 "lnfilled Synthetic Turf Systems" for field surface. 8. Section 33 46 00 "Subdrainage" for drainage system. 1.3 PREINSTALLATION MEETINGS A. Preinstallation Conference: Conduct conference at Project site. MUL Tl-SPORT ARENA 10 90 00 Page 1 of 11 Poinsettia Community Park-Phase Ill Project No. 4605 1.4 ACTION SUBMITTALS A. Product Data: For each type of product. 1. Submit two (2) 12"x12" samples of each thickness of dasherboard materials called out on the drawings with manufacturer's specifications and guarantees to the City Inspector for review and approval. 2. Include rated capacities, operating characteristics, and furnished specialties and accessories. B. Shop Drawings: 1. Include plans, elevations, sections, and mounting attachment details. 2. Include details of equipment assemblies. Indicate dimensions, weights, loads, required clearances, method of field assembly, components, and location and size of each field connection. 3. Detail fabrication and assembly of chainlink team dug out and score keepers box with standing seam roof, protection netting and chainlink goal boxes. 4. Include diagrams for power, signal, and control wiring. C. Samples: For each exposed product and for each color and texture specified, 12"x12" in size. D. Samples for Verification: For each type of exposed finish. E. Product Schedule: Including, but not limited to, all arena components including dasherboard, fittings, connectors, synthetic turf, exterior scoreboard, benches, spectator bleachers, score keepers box table and bench & chainlink goal boxes. 1.5 INFORMATIONAL SUBMITTALS A. Qualification Data: For Installer, manufacturer, fabricator, testing agency, & factory- authorized service representative B. Welding certificates. C. Product Certificates: For each type of all components of the arena system. D. Material Test Reports: For all components of the arena system, by a qualified testing agency. E. Sample Warranty: For the multi-sport arena system warranty. 1.6 CLOSEOUT SUBMITTALS A. Maintenance Data: For multi-sport arena system to include in maintenance manuals. B. Operation and Maintenance Data: For to include in and maintenance manuals. MUL Tl-SPORT ARENA 10 90 00 Page 2 of 11 Poinsettia Community Park -Phase Ill Project No. 4605 1.7 MAINTENANCE MATERIAL SUBMITTALS A. Furnish extra materials, from the same product run, that match products installed and that are packaged with protective covering for storage and identified with labels describing contents. 1. Netting: Full-size units of arena netting equal to 5 percent (5%) of quantity installed. 2. Synthetic Turf: Synthetic turf carpet equal to 2 percent (2%) of quantity installed. 3. Hardware: Full-size units of hinges, latches, clamps, fasteners, and screws equal to 5 percent (5%) of quantity installed for each size indicated, but no fewer than 5 units. 1.8 QUALITY ASSURANCE A. Fabricator Qualifications: Having fabricated a minimum of six arenas in the last three years. B. Installer Qualifications: Installers and supervisors who are trained and approved by the manufacture with experience in successful installation of a minimum of six similar arenas projects in the last three years. C. Welding Qualifications: Qualify procedures and personnel according to AWS 01 .1/01 .1 M, Structural Welding Code -Steel. D. Mockups: Build mockups to verify selections made under Sample submittals and to demonstrate aesthetic effects and set quality standards for materials and execution. 1. Build mockup of full size section of acrylic panels over dasher board to demonstrate typical union, fastening/installation, surface finish, texture, and standard of workmanship. 2. Build mockups in the location and of the size indicated or, if not indicated, build mockups where directed by Architect and not less than 72 inches tall by 48 inches wide. 3. Approval of mockups does not constitute approval of deviations from the Contract Documents contained in mockups unless Architect specifically approves such deviations in writing. 4. Subject to compliance with requirements, approved mockups may become part of the completed work if undisturbed at time of Substantial Completion. 1.9 DELIVERY, STORAGE, AND HANDLING A. Do not expose dasherboard materials to excessive heat, cold, or other conditions that would adversely affect their serviceability. Provide adequate protection for safety glazing to prevent breakage, edge damage, scratching, or other physical damage. 1.10 FIELD CONDITIONS MUL Tl-SPORT ARENA 10 90 00 Page 3 of 11 Poinsettia Community Park -Phase Ill Project No. 4605 A. Contractor shall conduct potholing of the designated area for the soccer arena prior to construction to verify the extent of buried rocks and boulders and shall make design adjustments as necessary based on potholing only with the written approval from the Owner and the Landscape Architect. 1.11 WARRANTY A. Manufacturer's Warranty: Manufacturer and Installer agree to repair or replace components of the multi-sport arena that fail(s) in materials or workmanship within specified warranty period. 1. Warranty Period: Two year(s) from date of Substantial Completion. PART 2-PRODUCTS 2.1 MANUFACTURERS A. Source Limitations: Obtain arena equipment from manufacturers indicated. 2.2 ARENA NETTING A. Netting shall be 1-3/4" square No. 36 nylon mesh with Flexbar coating, item #K-36T1 3/4" as manufactured by West Coast Netting, Inc. and supplied by RMF Arena Systems or approved equal. B. Manufacturers: Subject to compliance with requirements, provide products by the following available manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following: 1. West Coast Netting Inc. 5075 Flightline Drive Kingman, AZ 86401 (800) 854-57 41 C. Color: Black. 2.3 DASHERBOARD A. A typical soccer arena dasherboard configuration shall include 1 O' high header over goal, 8' wall on the curves and ends, and 48" or 42" high dasherboards on straight- aways made from 1" thick white high density polyethylene panels with radius edges. Straight-aways shall have cap rails on top of boards and posts 4" wide. MUL Tl-SPORT ARENA 10 90 00 Page 4 of 11 Poinsettia Community Park -Phase Ill Project No. 4605 B. Where indicated on plans, selected panels shall have 1/2" thick clear acrylic panels above the white dasherboard. Panels shall be Acrylite AR Abrasion Resistant Acrylic or approved equal. C. Clear Acrylic Panel Manufacturer's: Subject to compliance with requirements, provide products from the following available manufacturer offering products that may be incorporated into the Work include, but are not limited to, the following: 1. CYRO Industries Rockaway, NJ 07866 (973) 929-8000 2. Color: Clear D. Soccer arena dasherboard shall be 1" thick arena board as distributed by San Diego Plastics, Inc. and supplied by RMF Arena Systems, or approved equal. E. Dasherboard Distributors: Subject to compliance with requirements, provide products from the following available distributors offering products that may be incorporated into the Work include, but are not limited to, the following: 1. San Diego Plastics, Inc. 2220 McKinley Avenue National City, CA 91950 (619) 477-4855 2. Color: White F. Panels shall be UV stabilized for use in outdoor applications and to resist ultraviolet damage. G. Dasherboards shall be supported by 2-7/8" outside diameter DQ40 galvanized posts every 4' for maximum strength. H. Where noted on plans dasherboards shall have heavy-duty, scratch resistant, clear viewing panels. Viewing panels shall be 3/4" thick plexiglas or approved equal. 2.4 ARENA HARDWARE A. All arena hardware and attachment systems shall be either galvanized or zinc coated for long life and corrosion protection, and shall be designed to deal with the natural expansion and contraction of the polyethylene dasherboards. 2.5 ARENA GATES AND LATCHES MUL Tl-SPORT ARENA 10 90 00 Page 5 of 11 Poinsettia Community Park -Phase Ill Project No. 4605 A. Players and score keepers gates shall be step-through with galvanized steel bottom step for long life. Service gates shall open clear to floor or sidewalk for easy arena maintenance. B. Gate latches shall be 2" x 2" x 1/4" steel construction galvanized coated, self closing, and simply functional, or approved equal. C. Manufacturers: Subject to compliance with requirements, provide products by the following available manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following: 1. Hinges a. McMaster-Carr 200 New Canton Way Robbinsville, NJ 08691 (609) 689-3000 2. All other hardware: a. RMF Arena Systems P.O. Box 421 Escondido, CA 92033 (760) 747-3366 2.6 GOALS AND GOAL NETS A. Soccer goals shall be typically 8' high, 14' wide, and 4' deep. B. Goals boxes shall be chain link fencing fabricated as follows: 1. Carbon Steel Chain-Link Fence Fabric: Provide fabric fabricated in one-piece widths (measured between top and bottom of outer edge of selvage knuckle or twist) for fencing in height of 12 feet and less. Comply with CLFMl's "Product Manual" and with requirements indicated below: a. Mesh and Wire Size: 2-inch mesh, 0.148-inch diameter (9 gauge). 2. Round Steel Pipe Fence Framing: Standard weight, Nominal Pipe Size (NPS), Schedule 40, galvanized steel pipe, hot-dipped after fabrication, complying with ASTM F 1083 and ASTM A53. Comply with ASTM F 1043, Material Design Group IA, Heavy Industrial Strength, external and internal coating Type A, consisting of not less than 2.0-oz./sq. ft. zinc coating per ASTM A 123; and the following strength and stiffness requirements: a. Line, End, Corner, and Pull Posts and Top Rail and gate frames: Per ASTM A53 requirements, Schedule 40 steel pipe, galvanized. b. Thread protectors shall not be used as couplings under any circumstances. MULTI-SPORT ARENA 10 90 00 Page 6 of 11 Poinsettia Community Park -Phase Ill Project No. 4605 c. Posts and Rails, and Horizontal Framework Members: Framing, including rails, braces, line, terminal, and corner posts, shall comply with ASTM F 1043. 3. Post Brace Rails: Provide brace rail with truss rod assembly for each gate, end, and pull post. Provide two brace rails extending in opposing directions, each with truss rod assembly, for each corner post and for pull posts. Provide rail ends and clamps for attaching rails to posts. 4. Top Rails: Provide at all chain-link fencing. Fabricate top rail from lengths 21 feet or longer, with wedged-end or fabricated for expansion-type coupling, forming a continuous rail along top of chain-link fabric. Provide expansion couplings 6 inches long at each joint in top rails. 5. Intermediate Rails: Provide at tennis court and multi-purpose court wall fencing, and where indicated. Match top rail for coating and strength and stiffness requirements. 6. Bottom Rails: Provide at athletic field, tennis and handball court, and multi- purpose court wall fencing. Also provide where decomposed granite, grass, planters and synthetic fields abut any fence line. Size per reference standard. C. Goal drop nets shall be 1-3/4" square No. 36 nylon mesh with Flexbar coating, item #K- 36T1 3/4" as manufactured by West Coast Netting, Inc. and supplied by RMF Arena Systems or approved equal. D. Manufacturers: Subject to compliance with requirements, provide products by the following available manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following: 1. West Coast Netting Inc. 5075 Flightline Drive Kingman, AZ 86401 (800) 854-57 41 2.7 TEAM BENCHES A. Team benches shall be Sturdisteel 15'-0" anodized aluminum team bench with pier mount bench legs, without seat back or approved equal. Benches shall be epoxy set to concrete to secure in place. B. Manufacturers: Subject to compliance with requirements, provide products by the following available manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following: 1. Sturdisteel P.O. Box 2655 Waco, TX 76702 (800) 433-3116 MUL Tl-SPORT ARENA 10 90 00 Page 7 of 11 Poinsettia Community Park -Phase Ill Project No. 4605 2.8 SCORE KEEPER BENCH A. Score keeper bench shall be Sturdisteel 6'-0" anodized aluminum team bench with pier mount bench legs, without seat back or approved equal. Benches shall be epoxy set to concrete to secure in place. B. Manufacturers: Subject to compliance with requirements, provide products by the following available manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following: 1. Sturdisteel P.O. Box 2655 Waco, TX 76702 (800) 433-3116 2.9 BLEACHERS A. Bleachers shall be as indicated on plans. B. Manufacturers: Subject to compliance with requirements, provide products by the following available manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following: 1. Sturdisteel P.O. Box 2655 Waco, TX 76702 (800) 433-3116 2.10 PLAYER'S & SCORE KEEPER'S DUGOUT A. Dugout shall be as manufactured by RMF Arena Systems, or Equal. B. Manufacturers: Subject to compliance with requirements, provide products by the following available manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following: 1. RMF Arena Systems P.O. Box 421 Escondido, CA 92033 (760) 747-3366 2.11 FABRICATION A. Shop Assembly: Roof support system over player benches. MUL Tl-SPORT ARENA 10 90 00 Page 8 of 11 Poinsettia Community Park -Phase Ill Project No. 4605 PART 3 -EXECUTION 3.1 EXAMINATION A. Examine substrates and conditions, with Installer present, for compliance with requirements for installation tolerances and other conditions affecting performance of the Work. B. Examine work of rink framing erector for compliance with manufacturing and installation tolerances, including size, square, and offsets and corners. Do not proceed with dasherboard work until unsatisfactory conditions have been corrected. C. Examine roughing-in for electrical piping to verify actual locations of piping connections before scoreboard installation. D. Prepare written report, endorsed by Installer, listing conditions detrimental to performance. E. Proceed with installation only after unsatisfactory conditions have been corrected. 3.2 PREPARATION 3.3 INSTALLATION A. Soccer Arena Construction Order of Installation 1. Prepare site (demolition and salvage). 2. Grade site and excavate to depth necessary for installation of sub-base. 3. Install drainage system. 4. Install wiring for score board and lights. 5. Install perimeter curb and set dasherboard posts. 6. Install lights. 7. Install scoreboard posts. 8. Install subbase. 9. Install/attach dasherboards and gates to posts. 10. Install/attach arena screens to dasherboards. 11. Install scoreboard. 12. Install artificial turf field surface. 13. Install player benches, scorekeeper bench, and shade/roof over benches. 14. Install remaining gates, dasherboards, and goal netting. B. Arena and Goals 1. Soccer arena and goals shall be installed per manufacturer's specifications and details on plans. C. Dasherboard MUL Tl-SPORT ARENA 10 90 00 Page 9 of 11 Poinsettia Community Park -Phase Ill Project No. 4605 1. Shop cut dasherboard materials, cut clean, straight edges free from chips and fissures. Grind all edges smooth. Install per manufacturer's specifications. D. Bleachers, score keepers bench, and team benches shall be installed following the complete curing of concrete pad and concrete walkway. E. Bleachers, score keepers bench, and team benches shall be installed in accordance with manufacturers installation procedures in locations indicated on the plans. F. Epoxy set to concrete to prevent theft after installation and final leveling. G. Wiring Method: Install cables in sleeves and cable trays except within consoles, cabinets, desks, and counters. Conceal sleeves and cables except in unfinished spaces. 3.4 MA TE RIAL PROTECTION A. Cleaning and protection: protect dasherboard from damage during construction period. Remove and replace dasherboard material which is broken, chipped, cracked, abraded, or damaged in other ways during construction period, including natural caused, accidents, and vandalism. 3.5 FIELD QUALITY CONTROL A. Manufacturer's labels will be required on each piece of dasherboard material. Do not remove labels until dasherboard has been set, inspected, and approved. B. Manufacturer's Field Service: Engage a factory-authorized service representative to test and inspect components, assemblies, and equipment installations, including connections. C. Prepare test and inspection reports. 3.6 ADJUSTING A. Adjust hardware and moving parts to function smoothly, and lubricate as recommended by manufacturer. B. Occupancy Adjustments: When requested within 12 months from date of Substantial Completion, provide on-site assistance in adjusting system to suit actual occupied conditions. Provide up to two visits to Project during other-than-normal occupancy hours for this purpose. 3.7 CLEANING MUL Tl-SPORT ARENA 10 90 00 Page 10 of 11 Poinsettia Community Park-Phase Ill Project No. 4605 A. Contractor shall provide to owner's representative for approval manufacturer's recommendations prior to use of any cleaning compound or solvent. B. Upon completion of the dasherboard work and after approval of the installation, thoroughly clean all glazing surfaces and removed all labels, paint spots, and other defacements. Use a cleaning solution that will not etch or stain frames, painted or finished surfaces, or affect the surface, and which is approved by the dasherboard material manufacturers. 3.8 DEMONSTRATION A. Engage a factory-authorized service representative to train Owner's maintenance personnel to adjust, operate, and maintain units. END OF SECTION 10 90 00 MUL Tl-SPORT ARENA 10 90 00 Page 11 of 11 Poinsettia Community Park -Phase Ill SECTION 32 17 23.28 -LANDSCAPE SYNTHETIC TURF SYSTEM PART I -GENERAL 1.1 RELATED DOCUMENTS Project No. 4605 A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections apply to this Section. 1.2 SUMMARY A. The work under this section shall consist of furnishing all labor, materials, and equipment necessary to install, in place, all synthetic turf and other materials as indicated on the plans and as specified herein. The installation of all new materials shall be performed in strict accordance with these specifications, the manufacturer's instructions and in accordance with all details and shop drawings. 1.3 SUBMITTALS A. Product Data: For each type of product indicated. 1. Submit manufacturer's catalog cuts, material safety data sheets (MSDS), brochures, specifications, preparation and installation instructions and recommendations 2. All supplied and installed materials and products will meet or exceed the minimum specifications designated in this section. Sufficient data must be submitted to indicate compliance with the Contract Documents 3. Submit instructions for installation. B. Test Results: The following test results, certified by a licensed independent testing laboratory, shall be submitted as outlined below: 1. Mandatory and minimum specifications as shown in Part 2. Products not meeting the minimum specifications will be rejected. 2. At completion of project -Dynamic Cushioning Test according to ASTM F1292 HIC Testing 3. Title 22, Cam 17 -EPA Method 6020. Test reports required for synthetic turf fibers. C. Shop Drawings: Show fabrication and installation details for synthetic turf including, but not limited to: 1. Proposed locations of all seams in fabric surfacing. Show installation methods and construction. LANDSCAPE SYNTHETIC TURF -Page 1 of 7 32 17 23.28 Poinsettia Community Park -Phase Ill Project No. 4605 D. The manufacturer/installer shall provide the following samples of the synthetic turf specified for this project: 1. An 8.5-inch x 11-inch minimum sample of the exact synthetic turf system that is specified for this project. 2. An 8.5-inch x 11-inch minimum sample of the exact shock pad proposed by the contractor for this project. E. Provide proof that the turf manufacturer/installer is a member, in good standing, of the Synthetic Turf Council. F . Warranty: 1. The Contractor shall provide a warranty to the Owner that covers defects in materials and installation workmanship of the turf for a period of eight (8) years from the date of substantial completion. The turf manufacturer must verify that their representative has inspected the installation and that the work conforms to the manufacturer's requirements and any written directives. The manufacturer's warranty shall include general wear and damage caused from UV degradation. Other items that must be addressed include the following: a. Acceptable uses for the field b. Fading c. Color match within specifications d. Excessive fiber wear e. Wrinkling and panel movement f. Shock absorbency (HIC TESTING) g. Seam integrity h. Drainage (through the turf only) 2. Exclusions shall include the following: a. Vandalism b. Acts of God beyond the control of the Owner or the Manufacturer 1.4 QUALITY ASSURANCE A. Manufacturer Qualifications: 1. Shall be experienced in the manufacture of the specified type of synthetic grass (including extrusion of texturized nylon monofilament fiber) for a minimum of five (5) years. 2. Shall provide third party certification confirming compliance with referenced standards. B. Installer Qualifications: 1. Installation team shall be an established, insured installation firm experienced LANDSCAPE SYNTHETIC TURF -Page 2 of 7 32 17 23.28 Poinsettia Community Park -Phase Ill Project No. 4605 as a premium turf installer with suitable equipment and supervisory personnel -with a minimum of five years experience with 15 foot wide tufted materials. 2. Installation team shall be trained and certified, in writing, by the turf manufacturer, as competent in the installation of the specified material, including seaming. 3. Installation supervisor shall have at least 10 installations similar to this type. C. Source Limitations: Obtain synthetic turf through one source from a single manufacturer. D. The turf fabric shall be installed by a manufacturer-authorized installer. E. Mockups: Build mockups to verify selections made under Sample submittals and to demonstrate aesthetic effects and set quality standards for materials and execution. 1. Build mockups of full-thickness sections of synthetic turf mounds with padding to demonstrate typical installation, joints, texture, color, and standard of workmanship. 2. Build mockups in the location and of the size indicated or, if not indicated, build mockups where directed by Architect and not less than the smallest proposed mound shown on the plan. 3. Approval of mockups does not constitute approval of deviations from the Contract Documents contained in mockups unless Architect specifically approves such deviations in writing. 4. Subject to compliance with requirements, approved mockups may become part of the completed work if undisturbed at time of Substantial Completion. 1.5 PROJECT CONDITIONS A. Weather Limitations: Proceed with installation only when existing and forecasted weather conditions permit synthetic turf work to be performed according to Contractor or Manufacturer's written instructions and warranty requirements. B. Field Measurements: Indicate measurements on shop drawings. 1.6 MAINTENANCE SERVICE A. Turf Installation Contractor shall train maintenance staff and/or contracted maintenance staff in the use of the recommended maintenance equipment and provide maintenance guidelines to the facility maintenance staff. LANDSCAPE SYNTHETIC TURF -Page 3 of 7 32 17 23.28 Poinsettia Community Park -Phase Ill PART TWO-PRODUCTS 2.1 ACCEPTABLE TURF MANUFACTURERS A. Pre-Approved manufacturer: Project No. 4605 1. SynLawn San Diego -SYNLawn 356 (Product Code: SL 356) 9350 Trade Place, Suite B San Diego, CA. 92126 C. (858)527-2695 p. (858)566-7422 f. (858)689-9542 Contact -Jamie Wittert 2. Substitutions may be considered and must meet and/or be equivalent to all listed requirements, qualifications and specifications. 2.2 PRODUCT SPECIFICATIONS -TURF A. The fabric shall possess the following minimum physical characteristics. Any products not meeting the ASTM testing requirements and minimum physical characteristics will be rejected: Product Specification: Physical Characteristic Method of Determination Physical Property Yarn Type: Grass Zone™ Polyethylene n/a Yarn Type: Thatch Zone™ Texturized Polypropylene n/a Yarn Color: Grass Zone TM Field Green Olive n/a Yarn Color: Thatch Zone™ Turf Green n/a Pile Height: Grass Zone™ 1 ¾" ASTM D 5823 Pile Height: Thatch Zone TM 1 ½" +/-15% ASTM D 5823 Pile Weight: Grass Zone TM 54 oz./sy ASTM D 5848 Pile Weight: Thatch Zone TM 24 oz./sy ASTM D 5848 Total Pile Weight: 78 oz./sy ASTM D 5848 Yarn Denier: Grass Zone™ 10,800/6 D ASTM D 1557 Yarn Denier: Thatch Zone™ 5040/12 ASTM D 1557 Primary Backing: Secondary 8.0 oz. Woven ASTM D 5848 Backing: Secondary 16.0 oz. Enviroloc™ ASTM D 5848 Cushion Weight: Total n/a ASTM D 5848 Fabric Weight: 102 oz./sy ASTM D 5848 Fabric Width: 15 feet n/a LANDSCAPE SYNTHETIC TURF -Page 4 of 7 32 17 23.28 Poinsettia Community Park -Phase Ill Tuft Gauge: 1/2" Tuft Bind: > 8 lb. Flammability: (Pill Test) Pass Flammability: (Critical n/a Radiant Flux) n/a Shock Absorbing Properties: >30 inches per hour Water Permeability: Compliant 2.3 PAD ASTM D 5793 ASTM D 1335 ASTM D 2859 ASTM E 648 ASTM F 355 ASTM F 1551 ASTM F 2765-09 Project No. 4605 A. System must be installed over a turf-manufacturer approved shock pad. Pad must meet all environmental and fall height requirements of surrounding structures and fall zones as indicated on the drawings for fall safety. Contractor to determine proper pad from adjacent structures as indicated on the drawings. PART 3 -EXECUTION 3.1 EXAMINATION A. Examine substrates and conditions, with Installer present, for compliance with requirements for visual installation tolerances. Proceed with installation only after satisfactory conditions have been corrected. B. The contractor/installer is required to first install one mound, and one mound only, of Owner's selection for Owner's visual and aesthetic review and acceptance, prior to continuing to another mound. The review will determine if the contractor has sufficiently installed the turf to the Owner's acceptable aesthetic intentions of the project. The Owner at any time can have the turf removed and re-installed at the contractor's cost for any reason they so determine. The installer must have authorization in writing from Owner's representative to continue with installation of the next mounds prior to continuing their scope of work. Failure to do so will mean full removal of the pad and turf that was installed prior to the review and written acceptance. C. Certification of prior work: The synthetic turf manufacturer and / or installer shall perform a visual inspection of the base onto which the pad and synthetic turf system is to be installed and to examine the finished surface for required compaction, and grade tolerances (through string line testing). After any discrepancies between the required materials, application and tolerance requirements noted have been corrected, the synthetic turf installer shall submit a written certification of VISUAL acceptance of the base for installation of the synthetic turf system. Any tests other than VISUAL tests (string line, water hose, etc.) shall be the responsibility of the General Contractor. LANDSCAPE SYNTHETIC TURF -Page 5 of 7 32 17 23.28 Poinsettia Community Park -Phase Ill Project No. 4605 D. Installation of all materials shall be performed in full compliance with approved project shop drawings. Only factory trained technicians skilled in the installation of synthetic turf systems, working under the direct supervision of the manufacturer's supervisors, shall undertake the placement of the turf system. The designated Supervisory personnel on the project must be certified, in writing by the turf manufacturer as competent in the installation of these materials, including proper seaming and proper installation of pad. The turf manufacturer shall certify the installation and warranty compliance. 3.2 PREPARATION A. Inspect delivered surface fabric and components immediately prior to installation. Any damaged or defective items shall be rejected. Installed artificial system shall be inspected for, but not limited to, the following: 1. Uniformity of product and color 2. Surface bubbles 3. Field Edge installation 4. Pile height of each roll shall be measured. Any material(s) that does not meet minimum height and thickness specifications shall be rejected. Pile height shall be measured in its finished positions. B. Environmental Conditions: Weather conditions are important for the successful installation of the systems. No work under this section will proceed when: 1. Ambient temperatures are below 45 degrees F. 2. Material temperatures are below 45 degrees F. 3. Surfaces are wet or damp 4. Rain is imminent or falling. 5. Conditions exist or are imminent, which will be unsuitable to installation requirements of the systems specified herein. Humidity levels will be inside the limits recommended by the adhesive manufacturer to obtain optimum bonding characteristics of the surfaces. 3.3 INSTALLATION OF THE SYNTHETIC TURF A. The carpet rolls are to be installed directly over the properly installed shock pad. Extreme care should be taken to avoid disturbing the pad and the base stone both in regard to compaction and planarity. A 2-5 ton static roller shall be on site and available to repair and properly compact any disturbed areas of the base stone while installing the pad. B. The full width rolls shall be laid out across the mounds. All work shall be such that the seams shall remain as required for the duration of the warranty period at a minimum. All seam widths are to be held to a minimum. Seams shall be flat, tight and permanent with no separation or fraying. LANDSCAPE SYNTHETIC TURF -Page 6 of 7 32 17 23.28 Poinsettia Community Park -Phase Ill Project No. 4605 C. The perimeter of the mounds shall be firmly secured to the edge anchors for the life of the warranty and in accordance to project details. 3.4 FINAL ACCEPTANCE A. Prior to final acceptance, the Contractor shall submit to the Owner three (3) copies of Maintenance Manuals, which will include all necessary instructions for the proper care and preventative maintenance of the synthetic turf system. B. The finished installation shall be visually acceptable to the Owner's representative. The Owner at any time can reject the workmanship for any reason that effects the visual appeal of the turf installation. 3.5 FIELD QUALITY CONTROL A. Testing Agency: Owner may engage a qualified independent testing and inspecting agency to perform field tests and inspections and prepare test reports. B. Testing Services: Testing and inspecting of completed applications of synthetic turf system shall take place in successive stages, in areas of extent and using methods that are industry standard. Do not proceed with application of next stages until test results for previously completed applications show compliance. C. Remove and replace items where test results indicate that they do not comply with specified requirements. 3.6 CLEANING A. Contractor shall provide the labor, supplies and equipment as necessary for final cleaning of surfaces and installed items. All usable remnants of new material shall become the property of the Owner. The Contractor shall keep the area clean throughout the project and clear of debris. Surfaces, recesses, enclosures, etc., shall be cleaned, as necessary, to leave the work area in a clean, immaculate condition ready for immediate occupancy and use by the Owner. END OF SECTION 32 17 23.28 LANDSCAPE SYNTHETIC TURF -Page 7 of 7 32 17 23.28 Poinsettia Community Park -Phase Ill Project No. 4605 SECTION 32 18 16.13-PLAYGROUND PROTECTIVE SURFACING PART 1 -GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section Includes: 1. Unitary, seamless surfacing. 1.3 DEFINITIONS A. Definitions in ASTM F 2223 apply to Work of this Section. B. Critical Height: Standard measure of shock attenuation according to ASTM F 2223; same as "critical fall height" in ASTM F 1292. According to ASTM F 1292, this approximates "the maximum fall height from which a life-threatening head injury would not be expected to occur." C. SBR: Styrene-butadiene rubber. D. Unitary Surfacing: A protective surfacing of one or more material components bound together to form a continuous surface; same as "unitary system" in ASTM F 2223. 1.4 ACTION SUBMITTALS A. Product Data: For each type of product. B. Samples for Verification: For each type of protective surfacing and exposed finish. 1. Include Samples of accessories to verify color and finish selection. 2. Unitary, Seamless Surfacing: Minimum 6 by 6 inches, all proposed colors. 3. Loose-Fill Surfacing: Minimum 1 quart. 4. Edging: 6 inches long by full width and cross section. 5. Stabilizing Mats: Minimum 12 by 12 inches 6. Drainage/Separation Geotextile: Minimum 12 by 12 inches. 7. Drainage Panel: Minimum 6 by 6 inches. 8. Weed-Control Barrier: Minimum 12 by 12 inches PLAYGROUND PROTECTIVE SURFACING 32 18 16.13 Page 1 of 6 Poinsettia Community Park -Phase Ill Project No. 4605 C. Product Schedule: For protective surfacing. Use same designations indicated on Drawings. 1.5 INFORMATIONAL SUBMITTALS A. Qualification Data: For Installer and testing agency. B. Material Certificates: For each type of loose-fill surfacing. C. Product Certificates: For each type of unitary surfacing product. D. Field quality-control reports. E. Sample Warranty: For manufacturer's special warranty. 1.6 CLOSEOUT SUBMITTALS A. Maintenance Data: For playground protective surfacing to include in maintenance manuals. 1.7 MAINTENANCE MATERIAL SUBMITTALS 1.8 QUALITY ASSURANCE A. Installer Qualifications: An entity that employs installers and supervisors who are trained and approved by manufacturer. B. Mockups: Build mockups to verify selections made under Sample submittals and to set quality standards for materials and execution. 1. Build mockups for protective surfacing including accessories. Build mockups of full-thickness sections to demonstrate typical joints, surface finish, texture, color, curing, and standard of workmanship. a. Minimum one proposed mound with seams between both colored wear courses. 2. Approval of mockups does not constitute approval of deviations from the Contract Documents contained in mockups unless Architect specifically approves such deviations in writing. 3. Subject to compliance with requirements, approved mockups may become part of the completed work if undisturbed at time of Substantial Completion. PLAYGROUND PROTECTIVE SURFACING 321816.13 Page 2 of 6 Poinsettia Community Park -Phase Ill Project No. 4605 1.9 WARRANTY A. Special Warranty: Manufacturer and Installer agree to repair or replace components of protective surfacing that fail in materials or workmanship within specified warranty period. 1. Failures include, but are not limited to, the following: a. Reduction in impact attenuation as measured by reduction of critical fall height. b. Deterioration of protective surfacing and other materials beyond normal weathering. 2. Warranty Period: Three years from date of Substantial Completion. PART 2 -PRODUCTS 2.1 MANUFACTURERS A. Source Limitations: Obtain protective surfacing materials from single source from single manufacturer. 1. Provide geosynthetic accessories of each type from source recommended by manufacturer of protective surfacing materials. 2.2 PERFORMANCE REQUIREMENTS A. Impact Attenuation: Critical fall height tested according to ASTM F 1292. B. Accessibility Standard: Minimum surfacing performance according to ASTM F 1951. 2.3 UNITARY, DUAL-DENSITY, SEAMLESS SURFACING A. Description: Manufacturer's standard, site-mixed and applied, two-layer material with wearing layer over cushioning layer, with combined, overall thickness as required, tested for impact attenuation according to ASTM F 1292 and for accessibility according toASTM F 1951. 1. Wearing Layer: Formulation of EPDM rubber particles or polyurethane granules, binder, and other organic and inorganic components. 2. Cushioning Layer: Formulation of recycled SBR particles and binder. 3. Binder: Weather-resistant, UV-stabilized, flexible, non hardening, 100 percent solids polyurethane. 4. Lacquer Topcoat: Manufacturer's standard polyurethane-based formulation. 5. Critical Height: Per play equipment manufacturers requirements. 6. Overall Thickness: Not less than as required for critical height indicated. PLAYGROUND PROTECTIVE SURFACING 321816.13 Page 3 of 6 Poinsettia Community Park -Phase Ill Project No. 4605 7. Primer/Adhesive: Manufacturer's standard primer and weather-resistant, moisture-cured polyurethane adhesive suitable for unit, substrate, and location. 8. Wearing Layer Color(s): As selected by Architect from manufacturer's full range of all color types and blends available. a. Design: Where colored pattern is required, provide as indicated on Drawings. B. Leveling and Patching Material: Portland cement-based grout or epoxy-or polyurethane-based formulation suitable for exterior use and approved by protective surfacing manufacturer. 2.4 GEOSYNTHETIC ACCESSORIES A. Drainage/Separation Geotextiles: Comply with Section 31 20 00 "Earth Moving." B. Drainage/Separation Geotextile: Nonwoven, needle-punched geotextile, manufactured for drainage applications and made from polyolefins or polyesters; with the following minimum properties: 1. Weight: 4 oz./sq. yd.; ASTM D 5261. 2. Water Flow Rate: 100 gpm/sq. ft. according to ASTM D 4491. C. Weed-Control Barrier: Composite fabric geotextile consisting of woven, needle- punched polypropylene substrate bonded to a nonwoven polypropylene fabric, weighing not less than 4.8 oz./sq. yd .. PART 3 -EXECUTION 3.1 EXAMINATION A. Examine substrates, areas, and conditions, with Installer present, for compliance with requirements for subgrade elevations, slope, and drainage and for other conditions affecting performance of the Work. 1. Verify that substrates are sound and without high spots, ridges, holes, and depressions. B. Hard-Surface Substrates: Verify that substrates are satisfactory for unitary, protective surfacing installation and that substrate surfaces are dry, cured, and uniformly sloped to drain within recommended tolerances according to protective surfacing manufacturer's written requirements for cross-section profile. 1. Concrete Substrates: Verify that substrates are dry and free from surface defects, laitance, glaze, efflorescence, curing compounds, form-release agents, hardeners, dust, dirt, loose particles, grease, oil, and other contaminants incompatible with protective surfacing or that may interfere with adhesive bond. Determine adhesion, dryness, and acidity characteristics by performing procedures recommended in writing by protective surfacing manufacturer. PLAYGROUND PROTECTIVE SURFACING 32 18 16.13 Page 4 of 6 Poinsettia Community Park -Phase Ill Project No. 4605 2. Permeable Base Substrates: Verify that substrates are dry and free from surface defects, dust, dirt, loose particles, grease, oil, and other contaminants incompatible with protective surfacing or that may interfere with adhesive bond. Determine adhesion, dryness, and acidity characteristics by performing procedures recommended in writing by protective surfacing manufacturer. C. Proceed with installation only after unsatisfactory conditions have been corrected. 3.2 PREPARATION A. Prepare substrates to receive surfacing products according to protective surfacing manufacturer's written instructions. 3.3 INSTALLATION OF GEOSYNTHETIC ACCESSORIES A. Install geosynthetic accessories before edging and according to playground surface system manufacturer's and geosynthetic manufacturer's written instructions and in a manner that cannot become a tripping hazard. 1. Drainage/Separation Geotextile: Completely cover area beneath protective surfacing, overlapping geotextile sides and edges a minimum of 8 inches with manufacturer's standard treatment for adhesively bonded or taped seams. 2. Weed-Control Barrier: Completely cover area beneath loose-fill installation, overlapping barrier edges a minimum of 8 inches with manufacturer's standard treatment for adhesively bonded or taped seams. 3.4 INSTALLATION OF SEAMLESS SURFACING A. Mix and apply components of seamless surfacing according to manufacturer's written instructions to produce uniform, monolithic, and impact-attenuating protective surfacing of required overall thickness. 1. Substrate Primer: Apply over prepared substrate at manufacturer's standard spreading rate for type of substrate. 2. Poured Cushioning Layer: Spread evenly over primed substrate to form a uniform layer applied at manufacturer's standard spreading rate in one continuous operation, with a minimum of cold joints. 3. lntercoat Primer: Over cured cushioning layer, apply primer at manufacturer's standard spreading rate. 4. Wearing Layer: Spread over primed base course to form a uniform layer applied at manufacturer's standard spreading rate in one continuous operation and, except where color changes, with a minimum of cold joints. Finish surface to produce manufacturer's standard wearing-surface texture. a. Design: Where colored pattern is required, place colored, design material as soon as previously placed material is sufficiently cured, using primer or adhesive if required by manufacturer's written instructions. PLAYGROUND PROTECTIVE SURFACING 321816.13 Page 5 of 6 Poinsettia Community Park -Phase Ill Project No. 4605 5. Lacquer Topcoat: Spray or roller applied at manufacturer's standard coating rate in one continuous operation. 6. Edge Treatment: Flush As indicated on Drawings. Fully adhere edges to substrate with full coverage of substrate. Maintain fully cushioned thickness required to comply with performance requirements. 3.5 FIELD QUALITY CONTROL A. Testing Agency: Engage a qualified testing agency to perform tests. B. Perform the following tests[ with the assistance of a factory-authorized service representative]: 1. Perform "Installed Surface Performance Test" according to ASTM F 1292 for each protective surfacing type and thickness in each playground area. 2. Perform installed-surface-performance tests at no less than one series of tests for each 1000 sq. ft. of each type and thickness of in-place protective surfacing or part thereof. C. Playground protective surfacing will be considered defective if it does not pass tests. D. Prepare test reports. 3.6 PROTECTION A. Prevent traffic over seamless surfacing for not less than 48 hours after installation. END OF SECTION 32 18 16.13 PLAYGROUND PROTECTIVE SURFACING 32 18 16.13 Page 6 of 6 CONTRACT PUBLIC WORKS This agreement is made this I-1" 4-\_\,. day of <::::>~V\$2,,,. , 20_11, by and between the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and Los Angeles Engineering, Inc. whose principal place of business is 633 Barranca Avenue, Covina, CA 91723 (hereinafter called "Contractor"). City and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in the Contract documents for: AVIARA COMMUNITY PARK PHASE II AND POINSETTIA COMMUNITY PARK PHASE Ill CONSTRUCTION PROJECTS CONTRACT NO. 4604/4605 (hereinafter called "project") 2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents. 3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids, Contractor's Proposal, Bidder's Bond, Noncollusion Declaration, Designation of Subcontractors, Technical Ability and Experience, Bidder's Statement Re Debarment, Escrow Agreement, Release Form, the Plans and Specifications, the General Provisions, addendum(s) to said Plans and Specifications and General Provisions, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, and all bonds for the project; all of which are incorporated herein by this reference. Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as indicated, specified, and implied by the Contract Documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the Contractor's expense to fulfill the intent of said documents. In all instances through the life of the Contract, the City will be the interpreter of the intent of the Contract Documents, and the City's decision relative to said intent will be final and binding. Failure of the Contractor to apprise subcontractors and materials suppliers of this condition of the Contract will not relieve responsibility of compliance. 4. Payment. For all compensation for Contractor's performance of work under this Contract, City shall make payment to the Contractor per section 9-3 PAYMENT of the General Provisions section of this contract. The Engineer will close the estimate of work completed for progress payments on the last working day of each month. The City shall withhold retention as required by Public Contract Code Section 9203. 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 l'\ • ., Revised 7/19/17 Contract No. 4604/4605 Page 24 of 131 the work, and is aware of those conditions. The Contract price includes payment for all work that may be done by Contractor, whether anticipated or not, in order to overcome underground conditions. Any information that may have been furnished to Contractor by City about underground conditions or other job conditions is for Contractor's convenience only, and City does not warrant that the conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground conditions and has not relied on information furnished by City. 6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenches or other excavations that extend deeper than four feet below the surface Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: A. Hazardous Waste. Material that Contractor believes may be material that is hazardous 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 inherent in work of the character provided for in the contract. City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in contractor's costs of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in this contract. In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the contractor's cost of, or time required for, performance of any part of the work, contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. 7. Immigration Reform and Control Act. Contractor certifies it is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this Contract. 8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with California Labor Code, section 1773 and a copy of a schedule of said general prevailing wage rates is on file in the office of the City Engineer, and is incorporated by reference herein. Pursuant to California Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor shall post copies of all applicable prevailing wages on the job site. Contractor shall comply with California Labor Code, section 1776, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require all subcontractors to comply with Section 1776. l' •+r Revised 7/19/17 Contract No. 4604/4605 Page 25 of 131 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, howsoeverthe same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by the Contractor, whether intentional or otherwise, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. 10. Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. Said insurance shall meet the City's policy for insurance as stated in City Council Policy # 70. (A) Coverages and Limits Contractor shall maintain the types of coverages and minimum limits indicted herein: a. Commercial General Liability Insurance: $2,000,000 combined single limit per occurrence for bodily injury and property damage. If the policy has an aggregate limit, a separate aggregate in the amounts specified shall be established for the risks for which the City or its agents, officers or employees are additional insured. b. Business Automobile Liability Insurance: $2,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. c. Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits as required by the Labor Code of the State of California and Employers' Liability limits of $1,000,000 per incident. Workers' compensation offered by the State Compensation Insurance Fund is acceptable to the City. d. Builder's Risk: Throughout the construction period until final completion of the Project, a Project specific Builder's Risk (Course of Construction) insurance policy, covering all work at the Project site, while in transit and at any temporary off-site locations; all materials supplies, machinery, fixtures and equipment intended to become a permanent part of the Project or for permanent use in the Project or incidental to the construction; all temJ:)orary structures that are to be used in or incidental to the fabrication, erection, testing, or completion of the Project to the l'\ •+r' Revised 7/19/17 Contract No. 4604/4605 Page 26 of 131 extent the cost thereof is included in the construction work upon which the contract price is based, while on or about the Project site awaiting or during construction. The Builder's Risk policy: 1. Shall be fully written on a completed value basis in an amount not less than the full replacement value of the Project ($12,000,000). 2. Shall be written on an "All Risk" (Special Perils) coverage form, including reinstatement of Limit after Loss and no coinsurance penalty provisions. 3. Shall specifically cover loss or damage arising as a consequence of faulty workmanship or materials. 4. Shall include coverage for delay costs to a maximum amount of $10,000 per day to include loss of revenue, loss of investment income, or continued payment of debt service. The City shall provide information as reasonably requested by the Contractor or insurance company, where necessary to complete insurance applications. The Builder's Risk insurance policy shall extend until the notice of completion is filed for the Project. (B) Additional Provisions: Contractor shall ensure that the policies of insurance required under this agreement with the exception of Workers' Compensation and Business Automobile Liability Insurance contain, or are endorsed to contain, the following provisions. a. The City, its officials, employees and volunteers are to be covered as additional insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the contractor; premises owned, leased, hired or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees or volunteers. All additional insured endorsements must be evidenced using separate documents attached to the certificate of insurance; one for each company affording general liability, and employers' liability coverage. b. The Contractor's insurance coverage shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be in excess of the contractor's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees or volunteers. d. Coverage shall state that the contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (C) Notice of Cancellation. Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage or limits except after ten (10) days' prior written notice has been sent to the City by certified mail, return receipt requested. (D) Deductibles and Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured retention levels must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. l'\ •;; Revised 7/19/17 Contract No. 4604/4605 Page 27 of 131 (E) Waiver of Subrogation. All policies of insurance required under this agreement shall contain a waiver of all rights of subrogation the insurer may have or may acquire against the City or any of its officials or employees. (F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Coverages for subcontractors shall be subject to all of the requirements stated herein. (G) Acceptability of Insurers. Insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:VII. Insurers must also be authorized to transact the business of insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a listing in the official publication of the Department of Insurance of the State of California and/or under the standards specified by City Council Policy # 70. (H) Verification of Coverage. Contractor shall furnish the City with certificates of insurance and original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be in forms approved by the City and are to be received and approved by the City before the Contract is executed by the City. (I) Cost of Insurance. The Cost of all insurance required under this agreement shall be included in the Contractor's bid. 11. Claims and Lawsuits. All claims by Contractor shall be resolved in accordance with Public Contract Code section 9204, which is incorporated by reference. A copy of Section 9204 is included in Section 3 of the General Provisions. In addition, all claims by Contractor for $375,000 or less shall be resolved in accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with section 20104) which are incorporated by reference. A copy of Article 1.5 is included in Section 3 of the General Provisions. In the event of a conflict between Section 9204 and Article 1.5, Section 9204 shall apply. Notwithstandingthe provisions of this section of the contract, all claims shall comply with the Government Tort Claim Act (section 900 et seq., of the California Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit for breach of this agreement. (A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. (B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution. (C) Government Code. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. (D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. l'\ •,;' Revised 7/19/17 Contract No. 4604/4605 Page 28 of 131 (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. ti+_ I have read and understand all provisions of Section 11 above.~it__lU_init 12. Maintenance of Records. Contractor shall maintain and make available at no cost tothe City, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 1, Article 2, of the Labor Code. If the Contractor does not maintain the records at Contractor's principal place of business as specified above, Contractor shall so inform the City by certified letter accompanying the return of this Contract. Contractor shall notify the City by certified mail of any change of address of such records. 13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with section 1720 of the Labor Code are incorporated herein by reference. 14. Security. Securities in the form of cash, cashier's check, or certified check may be substituted for any monies withheld by the City to secure performance of this contract for any obligation established by this contract. Any other security that is mutually agreed to by the Contractor and the City may be substituted for monies withheld to ensure performance under this Contract. 15. Unfair Business Practices. In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the parties. 16. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon application of either party, the Contract shall forthwith be physically amended to make such insertion or correction. Ill Ill ('\ •+;' Revised 7/19/17 Contract No. 4604/4605 Page 29 of 131 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: CITY OF CARLSBAD a municipal corporation hsj,,,,e?.. ~·-i:J.6 vi<L . (nfme of Contr r) By: "-0 b;... :::he State of 7/l MA&o, (sign here) A 11.,11-s 0'/Br-,~~ !f:,.<1t1~ By: ~T I)/_ sign re) ~:' x-J .v1.A/ MA M--: ., & f I,. 'Jh .f6_ BARBARA ENGLESON, City Clerk f t2 8o'Mi c. ,L-i-u~ Of¾r. ms IYL? (print riame and titl6 ' President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under the corporate seal empowering that officer to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER City Attorney By:~ Deputyity Attorney l". • ., Revised 7/19/17 Contract No. 4604/4605 Page 30 of 131 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On May 15, 2018 before me, J. Nelson, Notary Public (insert name and title of the officer) personally appeared Angus O'Brien and Aaron O'Brien , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s})s/are subscribed to the within instrument and acknowledged to me that l)its;{etthey executed the same in tµs/hpr/their authorized capacity(ies), and that by ?ffilt)er/their signature(s) on the instrument the person(s}, or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under 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 ~J...___(~lU~1, 1 )1,_)~_ r 6 ••: 6 o • 6 •rN°E[SoN° e e 6 •i ,_.. Commission # 2104190 ~ • , Notary Public -California i z ,. , Los Angeles County -lv'·~: o oM~ sowrg· ;XB:~t (Seal) MINUTES OF SPECIAL MEETING OF THE BOARD OF DIRECTORS OF LOS ANGELES ENGINEERING, INC. A California Corporation The Directors of LOS ANGELES ENGINEERING, INC., A California Corporation, held the special Meeting of the Board of Directors at 633 N. Barranca, Covina, California, on March 27, 2018 at the hour of 2: 00 p .m. for the purpose of passing on any business which might be brought before the meeting. There were present at said meeting the following Directors, constituting a quorum of the full Board: ANGUS O'BRIEN AND AARON O'BRIEN ANGUS O'BRIEN acted as Chairman of the meeting and AARON O'BRIEN acted as Secretary of the meeting. RESOLVED -Angus O'Brien, Aaron O'Brien and Beth Ballard as Officers are authorized to sign bid documents and contracts concerning the corporation business and thereby bind the corporation to the contract and is authorized to do all things necessary and properly to carry out negotiations and execution of contracts with a public agency. RESOLVED -The following persons are confirmed as the duly elected officers, serving in their said capacity until their successors are elected and qualified: President Secretary Angus O'Brien Aaron O'Brien Aaron O'Brien Beth Ballard Chief Operating Officer Chief Financial Officer There being no further business to come before the meeting and upon motion duly made, seconded and unanimously carried, the meeting was adjourned. ATTEST: I \~)~ ANGUS O'BRIEN, Chairman and President AARON O'BRIEN, Secretary L. This Co,porate ~on is in furce. vgned this-JI:; of~ , 2018 Aaron O'Brien, Secretary Bond No.: 024233856 LABOR AND MATERIALS BOND WHEREAS, the City Council of the City of Carlsbad, State of California, has awarded to Los Angeles Engineering, Inc. (hereinafter designated as the "Principal"), a Contractfor. AVIARA COMMUNITY PARK PHASE II AND POINSETTIA COMMUNITY PARK PHASE Ill CONSTRUCTION PROJECTS CONTRACT NO. 4604/4605 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, Los Angeles Engineering, Inc., as Principal, (hereinafter designated as the "Contractor''), and Liberty Mutual Insurance Company as Surety, are held firmly bound unto the City of Carlsbad in the sum of SIX MILLION SEVEN HUNDRED SIXTY SIX THOUSAND Dollars ($6,766,000), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the tenns of the contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/ her subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with California Civil Code section 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 Development Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the court consistent with California Civil Code section 9554. This bond shall inure to the benefit of any of the persons named In California Civil Code section 9100, so as to give a right of action to those persons or their assigns In any suit brought upon the bond. Surety stipulates and agrees that no change, extension of time, alteration or addition to the tenns 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, .... \.J Revised 7/19/17 Contract No. 4604/4605 Page 31 of 131 .. extension of time, alterations or addition to the tenns of the contract or to the work or to the specifications. In the event that Contractor Is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this ___ _ day of __________ , 20 __ . CONTRACTOR: Los Angeles Engineering, Inc. (name of Contracto9 .. By: \.__:::::? ~ (sign here) s4-njt&:S t)'/3,..,-~n print name here) By: _____ ,_.,__ _____ _ (sign here) a-v-l[Yl Q '6 v-,·~~ (print name here) a y,._;/IYJS Executed by SURETY thls._----"l"""l=th.___day of ___ .....:;.;Mc:.;a .... y'--------·• 20--1..§_. SURETY: Liberty Mutual Insurance Company 790 The City \'J~W~ gb~~ety) Orange, CA 92868 (address of Surety) 714-634-3311 (telephone number of Surety) By: ···-... ,-· ·,). \. J---=:t"'.c:>- (signature of Attorney-in-Fact) Maria Pena, Attorney-in-Fact (printed name of Attorney-in-Fact) (attach corporate resolution showing current power of attorney) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) {President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: CELIA A. BREWER City Attorney By:_~~ l"\ •..-Revised 7/19/17 Contract No. 4604/4605 Page 32 of 131 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On May 15, 2018 before me, J. Nelson, Notary Public (insert name and title of the officer) personally appeared Angus O'Brien and Aaron O'Brien , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)js/are subscribed to the within instrument and acknowledged to me that h,i/sl)e/they executed the same in t)is/h/r/their authorized capacity(ies), and that by ~/t)ir/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 --"-""*'-J--'---=!1Yimu~}---=----(Seal) 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 Los Angeles MAY 112018 On __________ _, ) ss ) before me, Lisa L. Thornton, Notary Public, personally appeared Maria Pena, who proved to me on the basis of satisfactory evidence to be the person{£} whose name{£} is/afe subscribed to the within instrument and acknowledged to me that Re/-sheMey executed the same in hl5fher/t,A-e+F authorized capacityf+est, and that by hl5fher/t,A-e+F signature{£} on the instrument the person{£}, or the entity upon behalf of which the person{£} acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Seal) <_ -1;:~ r -;>:-r;A>t.......-,:~ '' :•-.., ;;_.,,t/_-,'d¥ ,,.'.\• L.i'::' :·1 l. T:·1(''.?'·1; ~o:;~;.:\r:.SiO;),, ~~~ TH•S POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. • • This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. (/) Cl) .Sl C: ~ ra ....... :c; ~ e C) (.) Cl) 'o.:! .._ ra a,> --]!~ ~ "O C: ra 0 (1)0 0 .Sl C: ta ~ ... Cl) .... C) (/) ra a, ,s>~ ..... O.: E ~ ... .Sl 0 ta _.._ :-2 ~ ta C: > Cl) _ ... 0:5 Zo Certificate No. 8014623 Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire. that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint. Noemi Quiroz; E. S. Albrecht Jr; Patricia S. Arana; C. K. Nakamura; Maria Pena; Jessica L. Rosser; Jeffrey Strassner; Lisa L. Thornton; Tim M. Tomko; Natalie K. Trofimoff all of the city of Los Angeles , state of CA each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds. recognizances and other surety obligations. in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 20th day of February . ~. STATE OF PENNSYLVANIA COUNTY OF MONTGOMERY ss By: The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West 1\merican Insurance Company .1iJ/,:~_/'~/,:~':-~'-----_ .... -·-·-···-····· David M. Carey-, Assistant Secretary On this 20th day of February , 2018 , before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casualty Company. and West American Insurance Company. and that he, as such. being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. ~ $;,7 COMMONWEALTH OF PENNSYLVANIA . .... . . .. . . ....................• \Jot.1nr::il Se:0d Tcn~'5a rasteil<1. Nntnry Public l .. h:p.E"ir .. ~.vh~r!on Tw~, Montq0mdy Cou~ty My CC!'nrn1SSDn Expires March 2K. 2G21 1,,f"\...y,.l"SY\,'-<~" ,V ..... 14AY piJ'0" r.,1<;rnt;ur Pulm,ylv:,H11,l Assl)1'1<1t1\m uf Notc"H10~ By:~_~u~.- Teresa Pastella, Notary Public This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV -OFFICERS -Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subiect to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal . acknowledge and deliver as surety any and all undertakings, bonds. recognizances and other surety obligations. Such attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII -Execution of Contracts -SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact. as may be necessary to act in behalf of the Company to make, execute. seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation -The President of the Company, acting pursuant lo the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys-in- fact as may be necessary to act on behalf of the Company to make. execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations Authorization -By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company. wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I. Renee C. Llewellyn. the undersigned. Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and MAY 1 1 2016 IN TESTIMONY WHEREOF. I have hereunto set my hand and affixed the seals of said Companies this ___ day of _____ c:;;;;,,,"_, ________ , 20 ___ . has not been revoked. 138 of 300 LMS_ 12873_022017 C: ta C: =o ta 1-(.) CJ) ~w EE 0 t:: 0 <t:M 0~ ... "O Cl) C: ?: ta OE a. ta .!!lo ,co ~al 0 C: z.a: :c;~ =a, ~..o (1)0 J::~ .,N E °r .:: ~ c:°r 00 (.)..- 0~ I-.... ... Bond No.: 024233856 Premium: $52,733.00 FAITHFUL PERFORMANCE/WARRANTY BOND WHEREAS, the City Council of the City of Carlsbad, State of California, has awarded to Los Angeles Engineering, Inc., (hereinafter designated as the "Principal"), a Contract for. AVIARA COMMUNITY PARK PHASE II AND POINSETTIA COMMUNITY PARK PHASE Ill CONSTRUCTION PROJECTS CONTRACT NO. 4604/4605 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, Los Angeles Engineering, Inc., as Principal, (hereinafter designated as the "Contractor"), and Liberty Mutual 1nsurance Company as Surety, are held firmly bound unto the City of Carlsbad in the sum of SIX MILLION SEVEN HUNDRED SIXTY SIX THOUSAND Dollars ($6,766,000), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the 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. ('\ fi Revised 7/19/17 Contract No. 4604/4605 Page 33 af131 In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from Its obligations under this bond. Executed by CONTRACTOR this ___ _ day of ________ , 20 __ . CONTRACTOR: Los Angeles Engineering, Inc. (name of Contractor) L. -?~ / By: _____________ _ (sign here) 94 n.qus Q0,..,·"1 (print name here) (Title and or_ation of Signatory) By: mu (sign here) ;;ja/2 /) tt O 'B .,.., ?:t= Executed by SURETY this 11th day of ____ M_a...__ _______ ,20-18.._ SURETY: Liberty Mutual Insurance Company (name of Surety) 790 The City Drive South Orange, CA 92868 (address of Surety) 714-634-3311 (telephone number of Surety) By:1 =,, C /4~ (signature of Attorney-in-Fact) Maria Pena, Attorney-in-Fact (printed name of Attorney-in-Fact) (Attach corporate resolution showing current power of attorney.) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: CELIA A. BREWER City Attorney ~ By:_ Deputy City Attorney ,., •ti Revised 7/19/17 Contract No. 4604/4605 Page 34 of 131 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles on May 15, 2018 before me, J. Nelson, Notary Public (insert name and title of the officer) personally appeared Angus O'Brien and Aaron O'Brien . , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)fa'/are subscribed to the within instrument and acknowledged to me that l)e/spe/they executed the same in rysttirttheir authorized capacity(ies), and that by t)is/h.¢/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 \ jf ltl6 i V = (Seal) 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 Los Angeles MAY 11 2018 On ----------~ ) 55 ) before me, Lisa L. Thornton, Notary Public, personally appeared Maria Pena, who proved to me on the basis of satisfactory evidence to be the personfst whose namefst isfa,Fe. subscribed to the within instrument and acknowledged to me that Re/-she;4-hev executed the same in hl5/-her;4-R-e+f authorized capacityffe5}, and that by hl5/-her;4-R-e+f signaturefst on the instrument the personfst, or the entity upon behalf of which the personfst 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. Signatur (Seal) Ill Q) $ C: .... ~ :a~ ~ Cl u Q) 0~ ._ ra Q) > --]! ~ C:' ra ..2 -(1)0 .. Q) o,... c: ra ~ ... Q) .. Cl 1/1 ra G> s>~ ..... O.!: E ~ ... $ o ra _._ :-2 ~ ra c: > Q) ..... 0 ... z~ ,-HIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. Yhis0Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 8014624 Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint. Noemi Quiroz; E. S. Albrecht Jr; Patricia S. Arana; C. K. Nakamura; Maria Pena; Jessica L. Rosser; Jeffrey Strassner; Lisa L. Thornton; Tim M. Tomko; Natalie K. Trofimoff all of the city of Los Angeles , state of CA each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute. seal. acknowledge and deliver. for and on its behalf as surety and as its act and deed, any and all undertakings, bonds. recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 20th day of February . ~- STATE OF PENNSYLVANIA COUNTY OF MONTGOMERY ss The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West A,merican Insurance Company /j / I ,, / /'. /,,._7~/ / By: _L'-'r~1~:;.~w~,.,,,··~'-/,--,,/,.~1::_' __ _ David M. Carey. Assistant Secretary On this 20th day of February , 2018 . before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casualty Company. and West American Insurance Company, and that he, as such. being authorized so to do, execute the foregoing instrument for the purposes therein contained by sIgnIng on behalf of the corporations by himself as a duly authorized officer . IN WITNESS WHEREOF. I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. COMMONWEALTH OF PENNSYLVANIA By: ~~ _/i;t!k Teresa Pastella, Notary Public ~ ~ 2821 "V, '1-i~y\.:-,;~'-,v --~.;~;.;1v:l<'rk1 0i4/?y p0-0'-' Mcn•l;cr , , This Power of Attorney Is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company. Liberty Mutual Insurance Company. and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV -OFFICERS-Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by t11e Chairman or the President. and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute. seal, acknowledge and deliver as surety any and all undertakings, bonds. recognizances and other surety obligations. Such attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed. such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman. the President or by the officer or officers granting such power or authority. ARTICLE XIII -Execution of Contracts -SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president. and subject to such limitations as the chairman or the president may prescribe. shall appoint such attorneys-in-fact. as may be necessary to act in behalf of the Company to make, execute . seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and ot11er surety obligations. Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation -The President of the Company, acting pursuant to the Bylaws of the Company. authorizes David M. Carey, Assistant Secretary to appoint such attorneys-in- fact as may be necessary to act on behalf of the Company to make, execute. seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization -By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I. Renee C. Llewellyn. the undersigned. Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and hasnotbeenrevoked. MAY 1 1 2018 IN TESTIMONY WHEREOF. I have hereunto set my hand and affixed the seals of said Companies this ___ day of _______ .,.. ________ , 20 __ _ 139 of 300 LMS_ 12873_022017 OPTIONAL ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION Bank Escrow #1462 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 Los Angeles Engineering, Inc. whose address is 633 N. Barranca Avenue, Covina, CA 91723 hereinafter called "Contractor" and Banner Bank whose address is 1750 Howe Ave, Suite 100, Sacramento, CA 95825 hereinafter called "Escrow Agent." For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as follows: 1. Pursuant to section 22300 of the Public Contract Code of the State of California, the Contractor has the option to deposit securities with the Escrow Agent as a substitute for retention earnings required to be withheld by the City pursuant to the Construction Contract entered into between the City and Contractor for AVIARA COMMUNITY PARK PHASE II AND POINSETTIA COMMUNITY PARK PHASE Ill CONSTRUCTION PROJECTS CONTRACT NO. 4604/4605 in the amount Of Six Million. Seven Hundred Sixty Six Thousand Dollars dated _______ {hereinaftef referred to as the "Contract"). Alternatively, on written request of the Contractor, the City shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the City within 10 days of the deposit. The market value of the securities at the time of the substitution shall be a least equal to the cash amount then required to be withheld as retention under the terms of the contract between the City and Contractor. Securities shall be held in the name of the City and shall designate the Contractor as the beneficial owner. 2. The City shall make progress payments to the Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. 3. When the City makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until such time as the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the City pays the Escrow Agent directly. 4. The Contractor shall be responsible for paying all fees for the expenses incurred by the Escrow Agent in administering the Escrow Account and all expenses of the City. These expenses and payment terms shall be determined by the City, Contractor and Escrow Agent. 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the City. {\ •;;' Revised 7/19/17 Contract No. 4604/4605 Page 35 of 131 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from City to the Escrow Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor. 7. The City shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days' written notice to the Escrow Agent from the City of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the City. 8. Upon receipt of written notification from the City certifying that the Contract is final and complete and that the Contractor has complied with all requirements and procedures applicable to the Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. 9. The Escrow Agent shall rely on the written notifications from the City and the Contractor pursuant to sections (1) to (8), inclusive, of this agreement and the City and Contractor shall hold Escrow Agent harmless from Escrow Agent's release, conversion and disbursement of the securities and interest as set forth above. 10. The names of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: For City: Title ____ '--'Fl"'""'N"-'A""""N-=Cfa,-=D=IR=E;;;..;:C;....:.T--=O....:...R=------ Name k .e v,~ l:5r-a.,,r,..,c.,,_ Signat-u-re ______ .... _ _;"""";._~~~:~~--~-,-, ~~~::~~~~~~~~~~~~~~- Address 1635 Faraday Avenue, Carlsbad, CA 92008 For Contractor: Title Secretary Name Aaroa O' ""L . Signature __ _____,~......_ ___________ _ Address 633 N. Barranca Avenue, Covina, CA 91723 For Escrow Agent: Title Senior Vice President, Northern CA Division Manager Name Dao Stewart M Signaturell ___ Address 1750 Howe Ave, Suite 100 Sacramento, CA 95825 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. l'\ •+r' Revised 7/19/17 Contract No. 4604/4605 Page 36 of 131 IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. For City: For Contractor: For Escrow Agent: ,., .. ., Revised 7/19/17 :::-e==4='4~-fli===r!-==========~- Signature _______________ _ Address 1200 Carlsbad Village Drive, Carlsbad, CA 92008 Title Secretary Name Aaron O' B~ Signature -----+-'~L..L..,,,.L------------ Address 633 N. Barranca Avenue, Covina, CA 91723 Title Senior Vice President, Northern CA Division Manager Name Dan Stewart Signature~, Address 1750 Howe Ave, Suite 100 Sacramento, CA 95825 Contract No. 4604/4605 Page 37 of 131 GENERAL PROVISIONS FOR AVIARA COMMUNITY PARK PHASE II AND POINSETTIA COMMUNITY PARK PHASE Ill CONSTRUCTION PROJECTS CONTRACT NO. 4604/4605 CITY OF CARLSBAD BIDDERS ARE ADVISED THAT THIS SECTION REPLACES PART 1, GENERAL PROVISIONS, OF THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION SECTION 1 --TERMS, DEFINITIONS, ABBREVIATIONS, AND SYMBOLS 1-1 TERMS. Unless otherwise stated, the words directed, required, permitted, ordered, instructed, designated, considered necessary, prescribed, approved, acceptable, satisfactory, or words of like meaning, refer to actions, expressions, and prerogatives of the Engineer. 1-1.1 Reference to Drawings. Where words "shown", "indicated", "detailed", "noted", "scheduled", or words of similar import are used, it shall be understood that reference is made to the plans accompanying these provisions, unless stated otherwise. 1-1.2 Directions. Where words "directed", "designated", "selected", or words of similar import are used, it shall be understood that the direction, designation or selection of the Engineer is intended, unless stated otherwise. The word "required" and words of similar import shall be understood to mean "as required to properly complete the work as required and as approved by the Engineer," unless stated otherwise. 1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "equivalent", and such words of similar import are used, it shall be understood such words are followed by the expression "in the opinion of the Engineer", unless otherwise stated. Where the words "approved", "approval", "acceptance", or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Engineer is intended. 1-1.4 Perform. The word "perform" shall be understood to mean that the Contractor, at its expense, shall perform all operations, labor, tools and equipment, and further, including the furnishing and installing of materials that are indicated, specified or required to mean that the Contractor, at its expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools, equipment, and transportation. 1-2 DEFINITIONS. The following words, or groups of words, shall be exclusively defined by the definitions assigned to them herein. ,, • ., Revised 6/15/17 Contract No. 4604/4605 Page 38 of 131 Addendum -Written or graphic instrument issued prior to the opening of Bids which clarifies, corrects, or changes the bidding or Contract Documents. The term Addendum shall include bulletins and all other types of written notices issued to potential bidders prior to opening of Bids. Agency -The City of Carlsbad, California. Agreement -See Contract. Assessment Act Contract -A Contract financed by special assessments authorized under a State Act or procedural ordinance of a City or County. Base -A layer of specified material of planned thickness placed immediately below the pavement or surfacing. Bid -The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices for the Work. Bidder -Any individual, firm, partnership, corporation, or combination thereof, submitting a Bid for the Work, acting directly or through a duly authorized representative. Board -The officer or body constituting the awarding authority of the Agency, which is the City Council for the City of Carlsbad or the Board of Directors of Carlsbad Municipal Water District. Bond -Bid, performance, and payment bond or other instrument of security. City Council -the City Council of the City of Carlsbad. City Manager -the City Manager of the City of Carlsbad or his/her approved representative. Cash Contract -A Contract financed by means other than special assessments. Change Order -A written order to the Contractor signed by the Agency directing an addition, deletion, or revision in the Work, or an adjustment in the Contract Price or the Contract time issued after the effective date of the Contract. A Change Order may or may not also be signed by the Contractor. Code -The terms Government Code, Labor Code, etc., refer to codes of the State of California. Construction Manager-the Project Inspector's immediate supervisor and first level of appeal for informal dispute resolution. Contract-The written agreement between the Agency and the Contractor covering the Work. Contract Documents -Including but not limited to; the Contract, any Addendum (which pertain to the contract documents), Notice Inviting Bids, Instructions to Bidders; Bid (including documentation accompanying the Bid and any post-bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Contract, the Bonds, the General Provisions, permits from other agencies, the Technical Specifications, the Supplemental Provisions, the Plans, Standard Plans, Standard Specifications, Reference Specifications, and all Modifications issued after the execution of the Contract. ,, • ., Revised 6/15/17 Contract No. 4604/4605 Page 39 of 131 Contractor -The individual, partnership, corporation, joint venture, or other legal entity having a Contract with the Agency to perform the Work. In the case of work being done under permit issued by the Agency, the permittee shall be constructed to be the Contractor. The term "prime contractor'' shall mean Contractor. Contract Price -The total amount of money for which the Contract is awarded. Contract Unit Price -The amount stated in the Bid for a single unit of an item of work as listed in the Contractor's Proposal. County Sealer -The Sealer of Weights and Measures of the county in which the Contract is let. Days -Days shall mean consecutive calendar's days unless otherwise specified. Deputy City Engineer, Construction Management & Inspection -The Construction Manager's immediate supervisor and second level of appeal for informal dispute resolution. Dispute Board -Persons designated by the City Manager of the City of Carlsbad or Executive Manager of the Carlsbad Municipal Water District, to hear and advise the City Manager on claims submitted by the Contractor. The City Manager for the City of Carlsbad or the Executive Manager for the Carlsbad Municipal Water District is the last appeal level for informal dispute resolution. Electrolier -Street light assembly complete, including foundation, standard, luminaire arm, luminaire, etc. Engineer -The City Engineer of the City of Carlsbad or his/her approved representative. The Engineer is the third level of appeal for informal dispute resolution. Geotextile -Synthetic fiber used in civil engineering applications, serving the primary functions of separation and filtration. House Connection Sewer -A sewer, within a public street or right-of-way, proposed to connect any parcel, lot, or part of a lot with a mainline sewer. House Sewer -A sewer, wholly within private property, proposed to connect any building to a house connection sewer. Luminaire -The lamp housing including the optical and socket assemblies (and ballast if so specified). Luminaire Arm -The structural member, bracket, or mast arm, which, mounted on the standard, supports the luminaire. Lump Sum -The amount stated for and item of work in the Bid as listed in the Contractor's Proposal. 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. ,, • ., Revised 6/15/17 Contract No. 4604/4605 Page 40 of 131 Notice of Award -The written notice by the Agency to the successful Bidder stating that upon compliance by it with the required conditions, the Agency will execute the Contract. Notice to Proceed -A written notice given by the Agency to the Contractor fixing the date on which the Contract time will start. Own Organization -When used in Section 2-3.1 -Employees of the Contractor who are hired, directed, supervised and paid by the Contractor to accomplish the completion of the Work. Further, such employees have their employment taxes, State disability insurance payments, State and Federal income taxes paid and administered, as applicable, by the Contractor. When used in Section 2-3.1 "own organization" means construction equipment that the Contractor owns or leases and uses to accomplish the Work. Equipment that is owner operated or leased equipment with an operator is not part of the Contractor's Own Organization and will not be included for the purpose of compliance with Section 2-3.1. Person -Any individual, firm, association, partnership, corporation, trust, joint venture, or other legal entity. Plans -The drawings, profiles, cross sections, working drawings, and supplemental drawings, or reproductions thereof, approved by the Engineer, which show the location, character, dimensions, or details of the Work. Private Contract -Work subject to Agency inspection, control, and approval, involving private funds, not administered by the Agency. Project Inspector -The Engineer's designated representative for inspection, contract administration and first level for informal dispute resolution. Proposal -See Bid. Reference Specifications -Those bulletins, standards, rules, methods of analysis or test, codes, and specifications of other agencies, engineering societies, or industrial associations referred to in the Contract Documents. These refer to the latest edition, including amendments in effect and published at the time of advertising the project or issuing the permit, unless specifically referred to by edition, volume, or date. Roadway-The portion of a street reserved for vehicular use. Service Connection -Service connections are all or any portion of the conduit, cable, or duct, including meter, between a utility distribution line and an individual consumer. Sewer-Any conduit intended for the reception and transfer of sewage and fluid industrial waste. Specifications -General Provisions, Standard Specifications, Technical Specifications, Reference Specifications, Supplemental Provisions, Special Provisions, and specifications in Supplemental Agreements between the Contractor and the Board. Standard -The shaft or pole used to support street lighting luminaire, traffic signal heads, mast arms, etc. Standard Plans -Details of standard structures, devices, or instructions referred to on the Plans or in Specifications by title or number. ,, •+' Revised 6/15/17 Contract No. 4604/4605 Page 41 of 131 Standard Specifications -The Standard Specifications for Public Works Construction (SSPWC), the "Greenbook". State -State of California. Storm Drain -Any conduit and appurtenances intended for the reception and transfer of storm water. Street -Any road, highway, parkway, freeway, alley, walk, or way. Subbase -A layer of specified material of planned thickness between a base and the subgrade. Subcontractor -An individual, firm, or corporation having a direct contract with the Contractor or with any other Subcontractor for the performance of a part of the Work. Subgrade -For roadways, that portion of the roadbed on which pavement, surfacing, base, subbase, or a layer of other material is placed. For structures, the soil prepared to support a structure. Supervision -Supervision, where used to indicate supervision by the Engineer, shall mean the performance of obligations, and the exercise of rights, specifically imposed upon and granted to the Agency in becoming a party to the Contract. Except as specifically stated herein, supervision by the Agency shall not mean active and direct superintendence of details of the Work. Supplemental Agreement -A written amendment of the Contract Documents signed by both parties. Supplemental Provisions -Additions and revisions to the Standard Specifications setting forth conditions and requirements peculiar to the work. Surety-Any individual, firm, or corporation, bound with and for the Contractor for the acceptable performance, execution, and completion of the Work, and for the satisfaction of all obligations incurred. Tonne -Also referred to as "metric ton". Represents a unit of measure in the International System of Units equal to 1,000 kilograms. Utility -Tracks, overhead or underground wires, pipeline, conduits, ducts, or structures, sewers, or storm drains owned, operated, or maintained in or across a public right of way or private easement. Work -That which is proposed to be constructed or done under the Contract or permit, including the furnishing of all labor, materials, equipment, and services. 1-3 ABBREVIATIONS 1-3.1 General. The abbreviation herein, together with others in general use, are applicable to these Standard Specifications and to project Plans or other Contract Documents. ,, •,;' Revised 6/15/17 Contract No. 4604/4605 Page 42 of 131 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 CTB ............................................ Cement treated base ASANO ....................................................... Abandoned CV ............................................................ Check valve ABS ........................ Acrylonitrile -butadiene -styrene CY ............................................................... Cubic yard AC .................................................... Asphalt Concrete D .............................................................. Load of pipe ACP ........................................... Asbestos cement pipe dB ................................................................... Decibels ACWS ..................... Asphalt concrete wearing surface DBL .................................................................. Double ALT ................................................................ Alternate OF ............................................................... Douglas fir APTS ................................. Apartment and Apartments DIA ................................................................ Diameter AMER STD ................................... American Standard DIP ..................................................... Ductile iron pipe AWG ............... American Wire Gage (nonferrous wire) DL ................................................................ Dead load BC .................................................. Beginning of curve DR ...................................................... Dimension Ratio BCR ....................................... Beginning of curb return OT ................................................................ .Drain Tile BORY ............................................................ Boundary DWG ............................................................... Drawing BF ..................................................... Bottom of footing DWY .............................................................. Driveway BLDG ........................................ Building and Buildings DWY APPR ................................... Driveway approach BM ............................................................. Bench mark E ....................................................................... Electric SVC .................................... Beginning of vertical curve EA ........................................................................ Each BNv ........................................................... Back of wall EC ............................................................ End of curve CIC ..................................................... Center to center ECR ................................................ End of curb return CAB ...................................... Crushed aggregate base EF ................................................................ Each face CAL/OSHA ............ California Occupational Safety and EG ......................................................... Edge of gutter Health Administration EGL .................................................. Energy grade line CalTrans ....... California Department of Transportation El ................................................................... Elevation CAP .................................... Corrugated aluminum pipe ELC ..................................... Electrolier lighting conduit CB ............................................................. Catch Basin EL T ........................................................ Extra long ton Cb ........................................................................ Curb ENGR ....................................... Engineer, Engineering CSP ............................... Catch Basin Connection Pipe EP ................................................... Edge of pavement CSR ....................................... California Bearing Ratio ESMT ........................................................... Easement CCR ............................ California Code of Regulations ETB .......................................... Emulsion-treated base CCTV ............................................... Closed Circuit TV EVC ............................................... End of vertical curb CES .......................... Carlsbad Engineering Standards EWA ............................... Encina Wastewater Authority CF ................................................................ Curb face EXC ............................................................ Excavation CF ................................................................ Cubic foot EXP JT ................................................. Expansion joint C&G .................................................... Curb and gutter EXST ............................................................... Existing CFR ................................ Code of Federal Regulations F .................................................................. Fahrenheit CFS ......................................... Cubic Feet per Second F&C ................................................... Frame and cover CIP ......................................................... Cast iron pipe F&I .................................................. Furnish and install CIPP ................................................ Cast-in place pipe FAS ............................................................... Fabricate CL ............................................. Clearance, center line FAS ............................................... Flashing arrow sign CLF .................................................... Chain link fence FD ............................................................... Floor drain CMS ............................... Crushed miscellaneous base FON ............................................................ Foundation CMC ......................................... Cement mortar-coated FED SPEC ................................. Federal Specification CML ............................................ Cement mortar-lined FG ........................................................ Finished grade CMWD .................... Carlsbad Municipal Water District FH ............................................................. Fire hydrant CO .................................................... Cleanout (Sewer) FL ................................................................... Flow line COL .................................................................. Column FS ...................................................... Finished surface COMM ....................................................... Commercial FT-LB ......................................................... Foot-pound CONC ........................................................... Concrete FTG .................................................................. Footing CONN ........................................................ Connection FW ............................................................ Face of wall CONST .................................. Construct, Construction G ........................................................................... Gas COORD ...................................................... Coordinate GA ..................................................................... Gauge CSP ............................................ Corrugated steel pipe GAL ............................................... Gallon and Gallons CSD ............................... Carlsbad Standard Drawings GAL V ......................................................... Galvanized l'\ •+' Revised 6/15/17 Contract No. 4604/4605 Page 43 of 131 GAR ........................................... Garage and Garages GIP .............................................. Galvanized iron pipe GL ........................................ Ground line or grade line GM .............................................................. Gas meter GNV ............................................... Ground Not Visible GP .................................................................. Guy pole GPM ................................................ gallons per minute GR ...................................................................... Grade GRTG ............................................................... Grating GSP ........................................... Galvanized steel pipe H ............................................................ High or height HB .................................................................. Hose bib HC ................................................... House connection HOWL ........................................................... Headwall HGL. ............................................. Hydraulic grade line HORIZ .......................................................... Horizontal HP ............................................................. Horsepower HPG ................................................ High pressure gas HPS ................................ High pressure sodium (Light) HYDR ............................................................ Hydraulic IE ......................................................... Invert Elevation ID ........................................................ Inside diameter INCL ............................................................... lncluding INSP ............................................................. lnspection INV ...................................................................... Invert IP .................................................................... Iron pipe JC ..................................................... Junction chamber JCT ................................................................. Junction JS ..................................................... Junction structure JT ......................................................................... Joint L ........................................................................ Length ~B ............................................................. ~~~ry LAT ................................................................... Lateral LB ...................................................................... Pound LD ..................................................... Local depression LF ................................................................ Linear foot LH ............................................................... Lamp hole LL ................................................................... Live load LOL ............................................................. Layout line LONG ........................................................ Longitudinal LP ................................................................ Lamp post LPS ................................. Low pressure sodium (Light) LS ................................................................ Lump sum L TS .................................................... Lime treated soil LWD ............................... Leucadia Wastewater District MAINT ..................................................... Maintenance MAX ............................................................. Maximum MCR ............................................ Middle of curb return MEAS ............................................................. Measure MH ................................... Manhole, maintenance hole MIL SPEC .................................... Military specification MISC ..................................................... Miscellaneous MOD ................................................... Modified, modify MON ............................................................ Monument MSL.. Mean Sea Level (Reg. Standard Drawing M-12) MTBM ......................... Microtunneling Boring Machine MUL T ............................................................... Multiple MUTCD ..... Manual on Uniform Traffic Control Devices MVL. .............................................. Mercury vapor light NCTD .............................. North County Transit District NRCP .............................. Nonreinforced concrete pipe OBS ............................................................... Obsolete OC ................................................................ On center OD ..................................................... Outside diameter OE .............................................................. Outer edge OHE ................................................ Overhead Electric OMWD ................. Olivenhain Municipal Water District OPP ............................................................... Opposite ORIG ................................................................ Original PB ................................................................... Pull box PC .................................................... Point of curvature PCC ....................... Portland cement concrete or point of compound curvature PCVC ....................... Point of compound vertical curve PE ........................................................... Polyethylene Pl. ................................................. Point of intersection PL. ............................................................ Property line PMB ............................ Processed miscellaneous base POC ...................................................... Point on curve POT .................................................... Point on tangent PP .............................................................. Power pole PRC .......................................... Point of reverse curve PRVC ............................ Point of reverse vertical curve PSI ......................................... Pounds per square inch PT .................................................... Point of tangency PVC .................................................. Polyvinyl chloride PVMT ........................................................... Pavement PVT R/W ....................................... Private right-of-way Q ........................ Rate of flow in cubic feet per second QUAD ....................................... Quadrangle, Quadrant R ....................................................................... Radius R&O ......................................................... Rock and oil R/W .......................................................... Right-of-way RA ...................................................... Recycling agent RAC ................................... Recycled asphalt concrete RAP ................................ Reclaimed asphalt pavement RBAC ............................. Rubberized asphalt concrete RC ................................................ Reinforced concrete RCB ...................................... Reinforced concrete box RCE ...................................... Registered civil engineer RCP ..................................... Reinforced concrete pipe RCV ........................................... Remote control valve REF ............................................................. Reference REINF .............................. Reinforced or reinforcement RES ............................................................... Reservoir RGE ........................ Registered geotechnical engineer ROW ....................................................... Right-of-Way RR ................................................................... Railroad RSE .............................. Registered structural engineer RTE .................................... Registered traffic engineer S .................................... Sewer or Slope, as applicable SCCP ............................... Steel cylinder concrete pipe SD ............................................................. Storm drain SDNR .............................. San Diego Northern Railway SDR ....... Standard thermoplastic pipe dimension ratio (ratio of pipe O.D. to minimum wall thickness) SDRSD ......... San Diego Regional Standard Drawings SE ...................................................... Sand Equivalent SEC .................................................................. Section SF ............................................................. Square foot SFM ................................................ Sewer Force Main SI. ...................... International System of Units (Metric) SPEC ..................................................... Specifications SPPWC .......................................... Standard Plans for Public Works Construction SSPWC ............................. Standard Specifications for Public Works Construction ST HWY ................................................ State highway ST A ................................................................... Station ,, • ., Revised 6/15/17 Contract No. 4604/4605 Page 44 of 131 STD ............................................................... Standard TW .............................................................. Top of wall STR .................................................................. Straight TYP .................................................................. Typical STR GR ................................................ Straight grade UE .............................................. Underground Electric STRUC .......................................... Structural/Structure USA .................................... Underground Service Alert SW ................................................................. Sidewalk VAR ..................................................... Varies, Variable SWD ...................................................... Sidewalk drain VB ................................................................ Valve box SY ............................................................ Square yard VC .......................................................... Vertical curve T .................................................................. Telephone VCP ................................................... Vitrified clay pipe TAN ................................................................. Tangent VERT ............................................................... Vertical TC .............................................................. Top of curb VOL .................................................................. Volume TEL ............................................................. Telephone VWD ....................................... Vallecitos Water District TF ........................................................... Top of footing W ........................ Water, Wider or Width, as applicable TOPO ........................................................ Topography WATCH .............. Work Area Traffic Control Handbook TR ........................................................................ Tract WI ............................................................ Wrought iron TRANS ......................................................... Transition WM ........................................................... Water meter TS ......................... Traffic signal or transition structure WPJ .......................................... Weakened plane joint TSC ............................................. Traffic signal conduit XCONN ............................................ Cross connection TSS ........................................... Traffic signal standard XSEC ..................................................... Cross section 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 measurement system in these specifications. However, certain material specifications and test requirements contained herein use SI units specifically and conversions to U.S. Standard Measures may or may not have been included in these circumstances. When U.S. Standard Measures are not included in parenthesis, then the SI units shall control. S.I. units and U.S. Standard Measures in parenthesis may or may not be exactly equivalent. Reference is also made to ASTM E 380 for definitions of various units of the SI system and a more extensive set of conversion factors. {'\ • ., Revised 6/15/17 Contract No. 4604/4605 Page 45 of 131 1-4.2 Units of Measure and Their Abbreviations. U.S. Customary Unit (Equal To) 51 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 (m 3) 1 cubic yard (yd3) .................................................................................. 0.7646 cubic meter (m 3) 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) 51 Units (abbreviation) Commonly Used in Both Systems Common Metric Prefixes kilo (k) .................................................................................................... 103 centi (c) .................................................................................................. 10-2 milli (m) .................................................................................................. 10-3 micro (µ) ................................................................................................ 1 Q-6 nano (n) ................................................................................................. 1 o-9 pico (p) .................................................................................................. 10-12 1-5 SYMBOLS ~ L. % ' I 0 PL CL SL Delta, the central angle or angle between tangents Angle Percent Feet or minutes Inches or seconds Number per or (between words) Degree Property line Centerline Survey line or station line ,, • ., Revised 6/15/17 Contract No. 4604/4605 Page 46 of 131 SECTION 2 -SCOPE AND CONTROL OF WORK 2-1 AWARD AND EXECUTION OF CONTRACT. Award and execution of Contract will be as provided for in the Specifications, Instruction to Bidders, or Notice Inviting Bids. 2-2 ASSIGNMENT. No Contract or portion thereof may be assigned without consent of the Board, except that the Contractor may assign money due or which will accrue to it under the Contract. If given written notice, such assignment will be recognized by the Board to the extent permitted by law. Any assignment of money shall be subject to all proper withholdings in favor of the Agency and to all deductions provided for in the Contract. All money withheld, whether assigned or not, shall be subject to being used by the Agency for completion of the Work, should the Contractor be in default. 2-3 SUBCONTRACTS. 2-3.1 General. Each Bidder shall comply with the Chapter of the Public Contract Code including Sections 4100 through 4113. The following excerpts or summaries of some of the requirements of this Chapter are included below for information: The Bidder shall set forth in the Bid, as provided in 4104: "(a) (1) The name, the location of the place of business, and the California contractor license number 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 improvement, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of 1 percent of the prime contractor's total bid or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the prime contractor's total bid or ten thousand dollars ($10,000), whichever is greater." "(b) The portion of the work which will be done by each such subcontractor under this act. The prime contractor shall list only one subcontractor for each such portion as is defined by the prime contractor in his bid." If the Contractor fails to specify a Subcontractor, or specifies more than one Subcontractor for the same portion of the work to be performed under the Contract (in excess of one-half of 1 percent of the Contractor's total Bid), the Contractor shall be qualified to perform that portion itself, and shall perform that portion itself, except as otherwise provided in the Code. As provided in Section 4107, no Contractor whose Bid is accepted shall substitute any person as Subcontractor in place of the Subcontractor listed in the original Bid, except for causes and by procedures established in Section 4107.5. This section provides procedures to correct a clerical error in the listing of a Subcontractor. Section 4110 provides that a Contractor violating any of the provisions of the Chapter violates the Contract and the Board may exercise the option either to cancel the Contract or assess the ,, • ., Revised 6/15/17 Contract No. 4604/4605 Page 47 of 131 Contractor a penalty in an amount of not more than 10 percent of the subcontract involved, after a public hearing. Should the Contractor fail to adhere to the provisions requiring the Contractor to complete 25 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 75 percent of the contract price by other than the Contractor's own organization. The Board shall be the sole body for determination of a violation of these provisions. In any proceedings under this section, the prime contractor shall be entitled to a public hearing before the Board and shall be notified ten (10) days in advance of the time and location of said hearing. The determination of the City Council shall be final. 2-3.2 Additional Responsibility. The Contractor shall give personal attention to the fulfillment of the Contract and shall keep the Work under its control. The Contractor shall perform, with its own organization, Contract work amounting to at least 25 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 Lump Sum Price or 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 Lump Sum Price or Contract Unit Price. This will be determined from information submitted by the Contractor, and subject to approval by the Engineer. Before the work of any Subcontractor is started, the Contractor shall submit to the Engineer for approval a written statement showing the work to be subcontracted giving the name and business of each Subcontractor and description and value of each portion of the work to be so subcontracted. 2-3.3 Status of Subcontractors. Subcontractors shall be considered employees of the Contractor, and the Contractor shall be responsible for their work. 2-4 CONTRACT BONDS. Before execution of the Contract, the Bidder shall file surety bonds with the Agency to be approved by the Board in the amounts and for the purposes noted below. Bonds issued by a surety, who is authorized to issue bonds in California, and whose bonding limitation shown in said circular is sufficient to provide bonds in the amount required by the Contract shall be deemed to be approved unless specifically rejected by the Agency. Bonds from all other sureties shall be accompanied by all of the documents enumerated in Code of Civil Procedure 995.660 (a). The Bidder shall pay all bond premiums, costs, and incidentals. Each bond shall incorporate, by reference, the Contract and be signed by both the Bidder and Surety and the signature of the authorized agent of the Surety shall be notarized. The Contractor shall provide a faithful performance/warranty bond and payment bond (labor and materials bond) for this contract. The faithful performance/warranty bond shall be in a sum not less than one hundred percent of the total amount payable by the terms of this contract. The Contractor shall provide bonds to secure payment of laborers and materials suppliers in a sum not less than one hundred percent of the total amount payable by the terms of this contract. l' •+;' Revised 6/15/17 Contract No. 4604/4605 Page 48 of 131 Both bonds shall extend in full force and effect and be retained by the Agency during this project until they are released according to the provisions of this section. The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 days after recordation of the Notice of Completion and will remain in full force and effect for the one year warranty period and until all warranty repairs are completed to the satisfaction of the Engineer. The bonds to secure payment of laborers and materials suppliers shall be released six months plus 30 days after recordation of the Notice of Completion if all claims have been paid. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the following documents: 1. An original, or a certified copy, of the un-revoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2. A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of the insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the execution of the bond. The financial statement shall be made by an officer's certificate as defined in Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may be verified by the oath of the principal officer or manager residing within the United States. Should any bond become insufficient, the Contractor shall renew the bond within 10 days after receiving notice from the Agency. Should any Surety at any time be unsatisfactory to the Board, notice will be given the Contractor to that effect. No further payments shall be deemed due or will be made under the contract until a new Surety shall qualify and be accepted by the Board. Changes in the Work or extensions of time, made pursuant to the Contract, shall in no way release the Contractor or Surety from its obligations. Notice of such changes or extensions shall be waived by the Surety. 2-5 PLANS AND SPECIFICATIONS. 2-5.1 General. The Contractor shall keep at the Work site a copy of the Plans and Specifications, to which the Engineer shall have access at all times. The specifications for the work include the General Provisions, project technical specifications, Carlsbad Engineering Standards (CES), Standard Specifications for Public Works Construction, (SSPWC), Part 2 & 3, and the latest supplements thereto, current edition at the time of bid opening as published by the "Greenbook" Committee of Public Works Standards, Inc., hereinafter designated "SSPWC", as amended. The project includes two sets of construction plans . The first set is designated as Aviara Community Park -Phase II, City of Carlsbad Drawing No. 493-1. The second set is designated as Poinsettia Community Park -Phase Ill, City of Carlsbad Drawing No. 491-4. The standard drawings used for this project are the latest edition of the San Diego Area Regional Standard Drawings, hereinafter designated SDRSD, as issued by the San Diego County Department of Public Works, together with the most recent editions of the City of Carlsbad Engineering Standards and Carlsbad Standard Drawings, as issued by the City of Carlsbad and the Carlsbad ,, •,;' Revised 6/15/17 Contract No. 4604/4605 Page 49 of 131 Municipal Water District, hereinafter designated as CES and CSD, respectively. Copies of some of the pertinent standard drawings are enclosed as an appendix to these General Provisions. The Plans, Specifications, and other Contract Documents shall govern the Work. The Contract Documents are intended to be complementary and cooperative. Anything specified in the Specifications and not shown on the Plans, or shown on the Plans and not specified in the Specifications, shall be as though shown on or specified in both. The Plans shall be supplemented by such working drawings and shop drawings as are necessary to adequately control the Work. The Contractor shall ascertain the existence of any conditions affecting the cost of the Work through a reasonable examination of the Work site prior to submitting the Bid. Existing improvements visible at the Work site, for which no specific disposition is made on the Plans, but which interfere with the completion of the Work, shall be removed and disposed of by the Contractor. The Contractor shall, upon discovering any error or omission in the Plans or Specifications, immediately call it to the attention of the Engineer. 2-5.2 Precedence of Contract Documents. If there is a conflict between Contract Documents, the document highest in precedence shall control. The precedence shall be the most recent edition of the following documents listed in order of highest to lowest precedence: 1. Permits from other agencies as may be required by law. 2. Change orders, whichever occurs last. 3. Contract addenda, whichever occurs last. 4. Contract 5. Carlsbad General Provisions and Supplemental Provisions. 6. Technical Specifications. 7. Project Plans. 8. Standards plans. a) City of Carlsbad Standard Drawings. b) Carlsbad Municipal Water District Standard Drawings. c) City of Carlsbad modifications to the San Diego Area Regional Standard Drawings. d) San Diego Area Regional Standard Drawings. 9. Standard Specifications for Public Works Construction, as amended. 10. Reference Specifications. 11. Manufacturer's Installation Recommendations. Detail drawings shall take precedence over general drawings. Change Orders, Supplemental Agreements and approved revisions to Plans and Specifications will take precedence over items 2) through 9) above. Detailed plans and plan views shall have precedence over general plans. ,, •+; Revised 6/15/17 Contract No. 4604/4605 Page 50 of 131 2-5.3 Submittals. Note: this section shall be supplemented with Technical Specifications including Section 01 33 00 -Submittal Procedures. 2-5.3.1 General. Submittals shall be provided, at the Contractor's expense, as required in 2-5.3.2, 2-5.3.3 and 2-5.3.4, when required by the Plans or Special Provisions, or when requested by the Engineer. Materials shall neither be furnished nor fabricated, nor shall any work for which submittals are required by performed, before the required submittals have been reviewed and accepted by the Engineer. Neither review nor acceptance of submittals by the Engineer shall relieve the Contractor from responsibility for errors, omissions, or deviations from the Contract Documents, unless such deviations were specifically called to the attention of the Engineer in the letter of transmittal. The Contractor shall be responsible for the correctness of the submittals. The Contractor shall allow a minimum of 20 working days for review of submittals unless otherwise specified in the Special Provisions. Each submittal shall be accompanied by a dated letter of transmittal. Each submittal shall be consecutively numbered. Resubmittals shall be labeled with the number of the original submittal followed by an ascending alphabetical designation (e.g. The label '4-C' would indicate the third instance that the fourth submittal had been given to the Engineer). Each sheet of each submittal shall be consecutively numbered. Each set of shop drawings and submittals shall be accompanied by a letter of transmittal on the Contractor's letterhead. The Letter of Transmittal shall contain the following: 1. Project title and Agency contract number. 2. Number of complete sets. 3. Contractor's certification statement. 4. Specification section number(s) pertaining to material submitted for review. 5. Submittal number (Submittal numbers shall be consecutive including subsequent submittals for the same materials.) 6. Description of the contents of the submittal. 7. Identification of deviations from the contract documents. When submitted for the Engineer's review, Shop Drawings shall bear the Contractor's certification that the Contractor has reviewed, checked, and approved the Shop Drawings and that they are in conformance with the requirements of the Contract Documents. The Contractor shall subscribe to and shall place the following certification on all submittals: "I hereby certify that the (equipment, material) shown and marked in this submittal is that proposed to be incorporated into this Project, is in compliance with the Contract Documents, can be installed in the allocated spaces, and is submitted for approval." By:--------------- Date: -------------- Title: -------------- Company Name: ----------------------------,, •+;' Revised 6/15/17 Contract No. 4604/4605 Page 51 of 131 2-5.3.2 Working Drawings. Working drawings are drawings showing details not shown on the Plans which are required to be designed by the Contractor. Working drawings shall be of a size and scale to clearly show all necessary details. Submittal of Working Drawings shall follow the submittal process for Shop Drawings outlined in the General Provisions and Technical Specifications. Working drawings are required for the following: 1. Horizontal Control Plan The working drawings listed above shall be prepared by a Civil Engineer registered by the State of California. 2-5.3.3 Shop Drawings. Shop drawings are drawings showing details of manufactured or assembled products proposed to be incorporated into the Work. Shop drawings required shall be as specified in the Special Provisions and Technical Specifications. 2-5.3.4 Supporting Information. Supporting information is information required by the Specifications for the purposes of administration of the Contract, analysis for verification of conformance with the Specifications, the operation and maintenance of a manufactured product or system to be constructed as part of the Work, and other information as may be required by the Engineer. Six copies of the supporting information shall be submitted to the Engineer prior to the start of the Work unless otherwise specified in the Special Provisions or directed by the Engineer. Supporting information for systems shall be bound together and include all manufactured items for the system. If resubmittal is not required, three copies will be returned to the Contractor. Supporting information shall consist of the following and is required unless otherwise specified in the Special Provisions: 1. List of Subcontractors per 2-3.2. 2. List of Materials per 4-1.4. 3. Certifications per 4-1.5. 4. Construction Schedule per 6-1. 5. Confined Space Entry Program per 7-10.4.4. 6. Concrete mix designs per 201-1.1. 7. Asphalt concrete mix designs per 203-6.1. 8. Data, including, but not limited to, catalog sheets, manufacturer's brochures, technical bulletins, specifications, diagrams, product samples, and other information necessary to describe a system, product or item. This information is required for irrigation systems, street lighting systems, and traffic signals, and may also be required for any product, manufactured item, or system. 2-5.4 Record Drawings. Note: this section shall be supplemented with Technical Specifications including Section 01 78 39 -Project Record Documents The Contractor shall provide and keep up-to-date a complete "as-built" record set of blue-line prints, which shall be corrected in red daily and show every change from the original drawings and specifications and the exact "as-built" locations, sizes and kinds of equipment, underground piping, valves, and all other work above grade and not visible at surface grade. Prints for this purpose may be obtained from the Agency at cost. This set of drawings shall be kept on the job and shall be used only as a record set and shall be delivered to the Engineer within ten (10) days of completion of the work. Payment for performing the work required by Section 2-5.4 shall be included in the various bid items and no additional payment will be made therefore. ,, • ., Revised 6/15/17 Contract No. 4604/4605 Page 52 of 131 2-6 WORK TO BE DONE. The Contractor shall perform all work necessary to complete the Contract in a satisfactory manner. Unless otherwise provided, the Contractor shall furnish all materials, equipment, tools, labor, and incidentals necessary to complete the Work. 2-7 SUBSURFACE DATA. All soil and test hole data, water table elevations, and soil analyses shown on the drawings or included in the Specifications apply only at the location of the test holes and to the depths indicated. Soil test reports for test holes which have been drilled are available for inspection at the office of the Engineer. Any additional subsurface exploration shall be done by Bidders or the Contractor at their own expense. The indicated elevation of the water table is that which existed on the date when test hole data was determined. It is the Contractor's responsibility to determine and allow for the elevation of groundwater at the date of project construction. A difference in elevation between groundwater shown in soil boring logs and groundwater actually encountered during construction will not be considered as a basis for extra work. 2-8 RIGHT-OF-WAY. Rights-of-way, easements, or rights-of-entry for the Work will be provided by the Agency. Unless otherwise provided, the Contractor shall make arrangements, pay for, and assume all responsibility for acquiring, using, and disposing of additional work areas and facilities temporarily required. The Contractor shall indemnify and hold the Agency harmless from all claims for damages caused by such actions. 2-9 SURVEYING. 2-9.1 Permanent Survey Markers. The Contractor shall not cover or disturb permanent survey monuments or benchmarks without the consent of the Engineer. Where the Engineer concurs, in writing, with the Contractor that protecting an existing monument in place is impractical, the Contractor shall employ a licensed land surveyor or a registered civil engineer authorized to practice land surveying within the State of California, hereinafter Surveyor, to establish the location of the monument before it is disturbed. The Contractor shall have the monument replaced by the Surveyor no later than thirty (30) days after construction at the site of the replacement is completed. The Surveyor shall file corner record(s) as required by§§ 8772 and 8773, et seq. of the California Business and Professions Code. 2-9.2 Survey Service. The Contractor shall hire and pay for the services of a Surveyor, hereinafter Surveyor to perform all work necessary for establishing control, construction staking, records research and all other surveying work necessary to construct the work, provide surveying services as required herein and provide surveying, drafting and other professional services required to satisfy the requirements of the Land Surveyors Act. Surveyor shall be resident on the site during all surveying operations and shall personally supervise and certify the surveying work. 2-9.2.2 Survey Requirements. All guard stakes, line stakes and lath shall be flagged. Unless otherwise approved by the Engineer flagging, paint and marking cards shall be the color specified in TABLE 2-9.2.2. ,, •,; Revised 6/15/17 Contract No. 4604/4605 Page 53 of 131 TABLE 2-9.2.2 s urvey a e o or 0 e or St k C I C d f C onstructIon ta mg s k" Type of Stake Description Color* Horizontal Control Coordinated control points, control lines, control reference points, White/Red centerline, aliqnments, etc. Vertical Control Bench marks White/Orange Clearinq Limits of clearinq Yellow/Black Grading Slope, intermediate slope, abutment fill, rough grade, contour grading, final Yellow qrade, etc. Structure Buildings, sound and retaining walls, box culverts, etc. White Drainage, Sewer, Pipe culverts, junction boxes, drop inlets, headwalls, sewer lines, storm Blue Curb drains, slope protection, curbs, gutters, etc. Right-of-Way Fences, R/ W lines, easements, property monuments, etc. White/Yellow Miscellaneous Siqns, railinqs, barriers, liqhtinq, etc. Orange * Flagging and marking cards, 1f used. 2-9.2.3 Payment for Survey, Payment for work performed to satisfy the requirements of Sections 2-9.1 through 2-9.2.2 shall be included in the actual bid items requiring the survey work and no additional payment will be made. Payment for the replacement of disturbed monuments and the filing of records of survey and/or corner records, including filing fees, shall be incidental to the work necessitating the disturbance of said monuments and no additional payment will be made. 2-9.3 Private Engineers. Surveying by private engineers on the Work shall conform to the quality and practice required by the Engineer. 2-9.4 Line and Grade. All work shall conform to the lines, elevations, and grades shown on the Plans. Three consecutive points set on the same slope shall be used together so that any variation from a straight grade can be detected. Any such variation shall be reported to the Engineer. In the absence of such report, the Contractor shall be responsible for any error in the grade of the finished work. Grades for underground conduits will be set at the surface of the ground. The Contractor shall transfer them to the bottom of the trench. 2-10 AUTHORITY OF BOARD AND ENGINEER. The Board has the final authority in all matters affecting the Work. Within the scope of the Contract, the Engineer has the authority to enforce compliance with the Plans and Specifications. The Contractor shall promptly comply with instructions from the Engineer or an authorized representative. The decision of the Engineer is final and binding on all questions relating to: quantities; acceptability of material, equipment, or work; execution, progress or sequence of work; and interpretation of the Plans, Specifications, or other drawings. This shall be precedent to any payment under the Contract, unless otherwise ordered by the Board. 2-10.1 Availability of Records, The Contractor shall, at no charge to the Agency, provide copies of all records in the Contractor's or subcontractor's possession pertaining to the work that the Engineer may request. ,, •ff Revised 6/15/17 Contract No. 4604/4605 Page 54 of 131 2-10.2 Audit and Inspection, Contractor agrees to maintain and/or make available, to the Engineer, within San Diego County, accurate books and accounting records relative to all its activities and to contractually require all subcontractors to this Contract to do the same. The Engineer shall have the right to monitor, assess, and evaluate Contractor's and its subcontractors performance pursuant to this Agreement, said monitoring, assessments, and evaluations to include, but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and interviews of Contractor's staff and the staff of all subcontractors to this contract. At any time during normal business hours and as often as the Engineer may deem necessary, upon reasonable advance notice, Contractor shall make available to the Engineer for examination, all of its, and all subcontractors to this contract, records with respect to all matters covered by this Contract and will permit the Engineer to audit, examine, copy and make excerpts or transcripts from such data and records, and to make audits of all invoices, materials, payrolls, records of personnel, and other data relating to all matters covered by this Contract. However, any such activities shall be carried out in a manner so as to not unreasonably interfere with Contractor's ongoing business operations. Contractor and all subcontractors to this contract shall maintain such data and records for as long as may be required by applicable laws and regulations. 2-11 INSPECTION. The Work is subject to inspection and approval by the Engineer. The Contractor shall notify the Engineer before noon of the working day before inspection is required. Work shall be done only in the presence of the Engineer, unless otherwise authorized. Any work done without proper inspection will be subject to rejection. The Engineer and any authorized representatives shall at all times have access to the Work during its construction at shops and yards as well as the project site. The Contractor shall provide every reasonable facility for ascertaining that the materials and workmanship are in accordance with these specifications. Inspection of the Work shall not relieve the Contractor of the obligation to fulfill all conditions of the Contract. ,, •+;' Revised 6/15/17 Contract No. 4604/4605 Page 55 of 131 SECTION 3 -CHANGES IN WORK 3-1 CHANGES REQUESTED BY THE CONTRACTOR. 3-1.1 General. Changes in the Plans and Specifications, requested in writing by the Contractor, which do not materially affect the Work and which are not detrimental to the Work or to the interests of the Agency, may be granted by the Engineer. Nothing herein shall be construed as granting a right to the Contractor to demand acceptance of such changes. 3-1.2 Payment for Changes Requested by the Contractor. If such changes are granted, they shall be made at a reduction in cost or no additional cost to the Agency. 3-2 CHANGES INITIATED BY THE AGENCY. 3-2.1 General. The Agency may change the Plans, Specifications, character of the work, or quantity of work provided the total arithmetic dollar value of all such changes, both additive and deductive, does not exceed 25 percent of the Contract Price. Should it become necessary to exceed this limitation, the change shall be by written Supplemental Agreement between the Contractor and Agency, unless both parties agree to proceed with the change by Change Order. Change Orders shall be in writing and state the dollar value of the change or established method of payment, any adjustment in contract time of completion, and when negotiated prices are involved, shall provide for the Contractor's signature indicating acceptance. 3-2.2 Payment. 3-2.2.1 Contract Unit Prices. If a change is ordered in an item of work covered by a Contract Unit Price, and such change does not involve substantial change in character of the work from that shown on the Plans or specified in the Specifications, then an adjustment in payment will be made. This adjustment will be based upon the increase or decrease in quantity and the Contract Unit Price. If the actual quantity of an item of work covered by a Contract Unit Price and constructed in conformance with the Plans and Specifications varies from the Bid quantity by 50 percent or less, payment will be made at the Contract Unit Price. If the actual quantity of said item of work varies from the Bid quantity by more than 50 percent, payment will be made per Section 3-2.2.2 or 3- 2.2.3 as appropriate. If a change is ordered in an item of work covered by a Contract Unit Price, and such change does involve a substantial change in the character of the work from that shown on the Plans or specified in the Specifications, an adjustment in payment will be made per Section 3-2.4. 3-2.2.2 Increases of More Than 50 Percent. Should the actual quantity of an item of work covered by a Contract Unit Price and constructed in conformance with the Plans and Specifications, exceed the Bid quantity by more than 50 percent, payment for the quantity in excess of 150 percent of the Bid quantity will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Section 3-3. The Extra Work per Section 3-3, basis of payment, shall not include fixed costs. Fixed costs shall be deemed to have been recovered by the Contractor through payment for 150 percent of the Bid quantity at the Contract Unit Price. ,, •+' Revised 6/15/17 Contract No. 4604/4605 Page56of131 3-2.2.3 Decreases of More Than 50 Percent. Should the actual quantity of an item of work covered by a Contract Unit Price, and constructed in conformance with the Plans and Specifications, be less than 50 percent of the Bid quantity, an adjustment in payment will not be made unless so requested in writing by the Contractor. If the Contractor so requests, payment will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Section 3-3; however, in no case will payment be less than would be made for the actual quantity at the Contract Unit Price nor more than would be made for 50 percent of the Bid quantity at the Contract Unit Price. 3-2.3 Stipulated Unit Prices. Stipulated Unit Prices are unit prices established by the Agency in the Contract Documents as distinguished from Contract Unit Prices submitted by the Contractor. Stipulated Unit Prices may be used for the adjustment of Contract changes when so specified in the Special Provisions. 3-2.4 Agreed Prices. Agreed Prices are prices for new or unforeseen work, or adjustments in Contract Unit Prices per Section 3-2.2, established by mutual agreement between the Contractor and the Agency. If mutual agreement cannot be reached, the Engineer may direct the Contractor to proceed on the basis of Extra Work in accordance per Section 3-3, except as otherwise specified in Sections 3-2.2.2 and 3-2.2.3. 3.2.4.1 Schedule of Values. Prior to construction, Contractor shall provide a schedule of values via ProCore for all lump sum bid items that shall be used for the purpose of progress payments. The prices shall be valid for the purpose of change orders to the project. 3.2.5 Eliminated Items. Should any Bid item be eliminated in its entirety, payment will be made to the Contractor for its actual costs incurred in connection with the eliminated item prior to notification in writing from the Engineer so stating its elimination. If material conforming to the Plans and Specifications is ordered by the Contractor for use in the eliminated item prior to the date of notification of elimination by the Engineer, and if the order for that material cannot be canceled, payment will be made to the Contractor for the actual cost of the material. In this case, the material shall become the property of the Agency. Payment will be made to the Contractor for its actual costs for any further handling. If the material is returnable, the material shall be 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 Lump Sum Prices, Contract Unit Prices or Stipulated Unit Prices. 3-3.2 Payment. 3-3.2.1 General. When the price for the extra work cannot be agreed upon, the Agency will pay for the extra work based on the accumulation of costs as provided herein. ,, • ., Revised 6/15/17 Contract No. 4604/4605 Page 57 of 131 3-3.2.2 Basis for Establishing Costs. (a) Labor. The costs of labor will be the actual cost for wages of workers performing the extra work at the time the extra work is done, plus employer payments of payroll taxes, workers compensation insurance, liability insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs, resulting from Federal, State, or local laws, as well as assessments or benefits required by lawful collective bargaining agreements. The use of a labor classification which would increase the extra work cost will not be permitted unless the Contractor establishes the necessity for such additional costs. Labor costs for equipment operators and helpers shall be reported only when such costs are not included in the invoice for equipment rental. The labor cost for foremen shall be proportioned to all of their assigned work and only that applicable to extra work will be paid. Nondirect labor costs, including superintendence, shall be considered part of the markup of Section 3-3.2.3 (a). (b) Materials. The cost of materials reported shall be at invoice or lowest current price at which such materials are locally available and delivered to the job site in the quantities involved, plus sales tax, freight, and delivery. The Agency reserves the right to approve materials and sources of supply, or to supply materials to the Contractor if necessary for the progress of the Work. No markup shall be applied to any material provided by the Agency. (c) Tool and Equipment Rental. No payment will be made for the use of tools which have a replacement value of $200 or less. Regardless of ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs shall be the edition of the, "Labor Surcharge and Equipment Rental Rates" published by CAL TRANS, current at the time of the actual use of the tool or equipment. The right- of-way delay factors therein shall be used as multipliers of the rental rates for determining the value of costs for delay to the Contractor and subcontractors, if any. The labor surcharge rates published therein are not a part of this contract. The rental rates paid shall include the cost of fuel, oil, lubrication, supplies, small tools, necessary attachments, repairs and maintenance of any kind, depreciation, storage, insurance, and all incidentals. Necessary loading and transportation costs for equipment used on the extra work shall be included. If equipment is used intermittently and, when not in use, could be returned to its rental source at less expense to the Agency than holding it at the Work site, it shall be returned, unless the Contractor elects to keep it at the Work site, at no expense to the Agency. All equipment shall be acceptable to the Engineer, in good working condition, and suitable for the purpose for which it is to be used. Manufacturer's ratings and approved modifications shall be used to classify equipment and it shall be powered by a unit of at least the minimum rating recommended by the manufacturer. The reported rental time for equipment already at the Work site shall be the duration of its use on the extra work. This time begins when equipment is first put into actual operation on the extra work, plus the time required to move it from its previous site and back, or to a closer site. ,, •+;' Revised 6/15/17 Contract No. 4604/4605 Page 58 of 131 (d) Other Items. The Agency may authorize other items which may be required on the extra work, including labor, services, material, and equipment. These items must be different in their nature from those required for the Work, and be of a type not ordinarily available from the Contractor or Subcontractors. Invoices covering all such items in detail shall be submitted with the request for payment. (e) Invoices. Vendors' invoices for material, equipment rental and other expenditures shall be submitted with the request for payment. If the request for payment is not substantiated by invoices or other documentation, the Agency may establish the cost of the item involved at the lowest price which was current at the time of the report. 3-3.2.3 Markup. (a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1. Labor .................................... 20 2. Materials ............................... 15 3. Equipment Rental ................... 15 4. Other Items and Expenditures ... 15 To the sum of the costs and markups provided for in this section, 1 percent shall be added as compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in Section 3-3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. 3-3.3 Daily Reports by Contractor. When the price for the extra work cannot be agreed upon, the Contractor shall submit a daily report to the Engineer on forms approved by the Agency. Included are applicable delivery tickets, listing all labor, materials, and equipment involved for that day, and other services and expenditures when authorized. Payment for extra work will not be made until such time that the Contractor submits completed daily reports and all supporting documents to the Engineer. Failure to submit the daily report by the close of the next working day may waive any rights for that day. An attempt shall be made to reconcile the report daily, and it shall be signed by the Engineer and the Contractor. In the event of disagreement, pertinent notes shall be entered by each party to explain points which cannot be resolved immediately. Each party shall retain a signed copy of the report. Reports by Subcontractors or others shall be submitted through the Contractor. 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. ,, •+' Revised 6/15/17 Contract No. 4604/4605 Page 59 of 131 3-4 CHANGED CONDITIONS. The Contractor shall promptly notify the Engineer of the following Work site conditions (hereinafter called changed conditions), in writing, upon their discovery and before they are disturbed: 1. Subsurface or latent physical conditions differing materially from those represented in the Contract; 2. Unknown physical conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in work of the character being performed; and 3. Material differing from that represented in the Contract which the Contractor believes may be hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class Ill disposal site in accordance with provisions of existing law. The Engineer will promptly investigate conditions which appear to be changed conditions. If the Engineer determines that conditions are changed conditions and they will materially affect performance time, the Contractor, upon submitting a written request, will be granted an extension of time subject to the provisions of 6-6. If the Engineer determines that the conditions do not justify an adjustment in compensation, the Contractor will be notified in writing. This notice will also advise the Contractor of its obligation to notify the Engineer in writing if the Contractor disagrees. The Contractor's failure to give notice of changed conditions promptly upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the Engineer, including failure or refusal to issue a change order, or for the happening of any event, thing, occurrence, or other cause, unless the Contractor shall have first given the Engineer due written notice of potential claim as hereinafter specified. Compliance with this section shall not be required as a prerequisite to notice provisions in Section 6-7.3 Contract Time Accounting, nor to any claim that is based on differences in measurement or errors of computation as to contract quantities. The written notice of potential claim for changed conditions shall be submitted by the Contractor to the Engineer upon their discovery and prior to the time that the Contractor performs the work giving rise to the potential claim. The Contractor's failure to give written notice of potential claim for changed conditions to the agency upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall provide the City with a written document containing a description of the particular circumstances giving rise to the potential claim, the reasons for which the Contractor believes additional compensation may be due and nature of any and all costs involved within 20 working days of the date of service of the written notice of potential claim for changed conditions. Verbal notifications are disallowed. The potential claim shall include the following certification relative to the California False Claims Act, Government Code Sections 12650-12655. "The undersigned certifies that the above statements are made in full cognizance of the California False Claims Act, Government Code Sections 12650-12655. The undersigned further l\ •+;' Revised 6/15/17 Contract No. 4604/4605 Page 60 of 131 understands and agrees that this potential claim, unless resolved, must be restated as a claim in response to the City's proposed final estimate in order for it to be further considered." Title: By: ____________ _ -------------- Date: --------------- Company Name: ___________________________ _ The Contractor's estimate of costs may be updated when actual costs are known. The Contractor shall submit substantiation of its actual costs to the Engineer within 20 working days after the affected work is completed. Failure to do so shall be sufficient cause for denial of any claim subsequently filed on the basis of said notice of potential claim. It is the intention of this section that differences between the parties arising under and by virtue of the contract be brought to the attention of the Engineer at the earliest possible time in order that such matters be settled, if possible, or other appropriate action promptly taken. 3-5 DISPUTED WORK. The Contractor shall give the agency written notice of potential claim prior to commencing any disputed work. Failure to give said notice shall constitute a waiver of all claims in connection therewith. If the contractor and the agency are unable to reach agreement on disputed work, the Agency may direct the contractor to proceed with the work. Prior to proceeding with dispute resolution pursuant to Public Contract Code provisions specified hereinafter, the contractor shall attempt to resolve all disputes informally through the following dispute resolution chain of command: 1. Project Inspector 2. Construction Manager 3. Deputy City Engineer, Construction Management & Inspection 4. City Engineer 5. City Manager The Contractor shall submit a complete report within 20 working days after completion of the disputed work stating its position on the claim, the contractual basis for the claim, along with all documentation supporting the costs and all other evidentiary materials. At each level of claim or appeal of claim the City will, within 10 working days of receipt of said claim or appeal of claim, review the Contractor's report and respond with a position, request additional information or request that the Contractor meet and present its report. When additional information or a meeting is requested the City will provide its position within 1 0 working days of receipt of said additional information or Contractor's presentation of its report. The Contractor may appeal each level's position up to the City Manager after which the Contractor may proceed under the provisions of the Public Contract Code. The authority within the dispute resolution chain of command is limited to recommending a resolution to a claim to the City Manager. Actual approval of the claim is subject to the change order provisions in the contract. ,, • ., Revised 6/15/17 Contract No. 4604/4605 Page 61 of 131 All claims by the Contractor shall be resolved in accordance with Public Contract Code section 9204, which is set forth below: 9204. (a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner. (b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project. (c) For purposes of this section: (1) "Claim" means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following: (A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project. (B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled. (C) Payment of an amount that is disputed by the public entity. (2) "Contractor" means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project. (3) (A) "Public entity" means, without limitation, except as provided in subparagraph (B), a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency. (B) "Public entity" shall not include the following: (i) The Department of Water Resources as to any project under the jurisdiction of that department. (ii) The Department of Transportation as to any project under the jurisdiction of that department. (iii) The Department of Parks and Recreation as to any project under the jurisdiction of that department. (iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code. (v) The Military Department as to any project under the jurisdiction of that department. (vi) The Department of General Services as to all other projects. (vii) The High-Speed Rail Authority. (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 ,, •ff Revised 6/15/17 Contract No. 4604/4605 Page 62 of 131 what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision. (B) The claimant shall furnish reasonable documentation to support the claim. (C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion. (D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply. (2) (A) If the claimant disputes the public entity's written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute. (B) Within 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 private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties' dispute. (3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity's failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. ( 4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum. ,, •+' Revised 6/15/17 Contract No. 4604/4605 Page 63 of 131 (5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so. (e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section. (f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section. (g) This section applies to contracts entered into on or after January 1, 2017. (h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations. (i) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. In addition, all claims by Contractor for $375,000 or less shall be resolved in accordance with the procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Section 20104) which is set forth below. ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS 20104. (a)(1) This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or less which arise between a contractor and a local agency. (2) This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7 .1 (commencing with Section 10240) of Chapter 1 of Part 2. (b )( 1) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that "public work" does not include any work or improvement contracted for by the state or the Regents of the University of California. (2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the ,, •+;' Revised 6/15/17 Contract No. 4604/4605 Page 64 of 131 claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency. (c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications for any work which may give rise to a claim under this article. (d) This article applies only to contracts entered into on or after January 1, 1991. 20104.2. For any claim subject to this article, the following requirements apply: (a) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. (b)(1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. (c)(1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. (d) If the claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency's response or within 15 days of the local agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. (f) This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. ,., •+;' Revised 6/15/17 Contract No. 4604/4605 Page 65 of 131 20104.4. The following procedures are established for all civil actions filed to resolve claims subject to this article: (a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator. (b )( 1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 ( commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure) shall apply to any proceeding brought under the subdivision consistent with the rules pertaining to judicial arbitration. (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds. (3) In addition to Chapter 2.5 (commencing with Section 1141.10) Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo. (c) The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process. 20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed except as otherwise provided in the contract. (b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law. Although not to be construed as proceeding under extra work provisions, the Contractor shall keep and furnish records of disputed work in accordance with Section 3-3. {'\ •+;' Revised 6/15/17 Contract No. 4604/4605 Page 66 of 131 SECTION 4 -CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP. 4-1.1. General. All materials, parts, and equipment furnished by the Contractor in the Work shall be new, high grade, and free from defects. Quality of work shall be in accordance with the generally accepted standards. Material and work quality shall be subject to the Engineer's approval. Materials and work quality not conforming to the requirements of the Specifications shall be considered defective and will be subject to rejection. Defective work or material, whether in place or not, shall be removed immediately from the site by the Contractor, at its expense, when so directed by the Engineer. If the Contractor fails to replace any defective or damaged work or material after reasonable notice, the Engineer may cause such work or materials to be replaced. The replacement expense will be deducted from the amount to be paid to the Contractor. Used or secondhand materials, parts, and equipment may be used only if permitted by the Specifications. 4-1.2 Protection of Work and Materials. The Contractor shall provide and maintain storage facilities and employ such measures as will preserve the specified quality and fitness of materials to be used in the Work. Stored materials shall be reasonably accessible for inspection. The Contractor shall also adequately protect new and existing work and all items of equipment for the duration of the Contract. The Contractor shall not, without the Agency's consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be necessary for the completion of the Contract. 4-1.3 Inspection Requirements. 4-1.3.1 General. Unless otherwise specified, inspection is required at the source for such typical materials and fabricated items as bituminous paving mixtures, structural concrete, metal fabrication, metal casting, welding, concrete pipe manufacture, protective coating application, and similar shop or plant operations. Steel pipe in sizes less than 18 inches and vitrified clay and cast iron pipe in all sizes are acceptable upon certification as to compliance with the Specifications, subject to sampling and testing by the Agency. Standard items of equipment such as electric motors, conveyors, elevators, plumbing fixtures, etc., are subject to inspection at the job site only. Special items of equipment such as designed electrical panel boards, large pumps, sewage plant equipment, etc., are subject to inspection at the source, normally only for performance testing. The Specifications may require inspection at the source for other items not typical of those listed in this section. The Contractor shall provide the Engineer free and safe access to any and all parts of work at any time. Such free and safe access shall include means of safe access and egress, ventilation, lighting, shoring, dewatering and all elements pertaining to the safety of persons as contained in the State of California, California Code of Regulations, Title 8, Industrial Relations, Chapter 4, ,, •+' Revised 6/15/17 Contract No. 4604/4605 Page 67 of 131 Division of Industrial Safety, Subchapter 4, Construction Safety Orders and such other safety regulations as may apply. Contractor shall furnish Engineer with such information as may be necessary to keep the Engineer fully informed regarding progress and manner of work and character of materials. Inspection or testing of the whole or any portion of the work or materials incorporated in the work shall not relieve Contractor from any obligation to fulfill this Contract. 4-1.3.2 Inspection of Materials Not locally Produced. When the Contractor intends to purchase materials, fabricated products, or equipment from sources located more than 50 miles outside the geographical limits of the Agency, an inspector or accredited testing laboratory (approved by the Engineer), shall be engaged by the Contractor at its expense, to inspect the materials, equipment or process. This approval shall be obtained before producing any material or equipment. The inspector or representative of the testing laboratory shall judge the materials by the requirements of the Plans and Specifications. The Contractor shall forward reports required by the Engineer. No material or equipment shall be shipped nor shall any processing, fabrication or treatment of such materials be done without proper inspection by the approved agent. Approval by said agent shall not relieve the Contractor of responsibility for complying with the Contract requirements. 4-1.3.3 Inspection by the Agency. The Agency will provide all inspection and testing laboratory services within 50 miles of the geographical limits of the Agency. For private contracts, all costs of inspection at the source, including salaries and mileage costs, shall be paid by the permittee. 4-1.4 Test of Material. Before incorporation in the Work, the Contractor shall submit samples of materials, as the Engineer may require, at no cost to the Agency. The Contractor, at its expense, shall deliver the materials for testing to the place and at the time designated by the Engineer. Unless otherwise provided, all initial testing will be performed under the direction of the Engineer, and at no expense to the Contractor. If the Contractor is to provide and pay for testing, it will be stated in the Specifications. For private contracts, the testing expense shall be borne by the permittee. The Contractor shall notify the Engineer in writing, at least 15 days in advance, of its intention to use materials for which tests are specified, to allow sufficient time to perform the tests. The notice shall name the proposed supplier and source of material. If the notice of intent to use is sent before the materials are available for testing or inspection, or is sent so far in advance that the materials on hand at the time will not last but will be replaced by a new lot prior to use on the Work, it will be the Contractor's responsibility to renotify the Engineer when samples which are representative may be obtained. Except as specified in these Provisions, the Agency will bear the cost of testing of locally produced materials and/or on-site workmanship where the results of such tests meet or exceed the requirements indicated in the Standard Specifications, Technical Specification, and any Supplemental Provisions. The cost of all other tests shall be borne by the Contractor. At the option of the Engineer, the source of supply of each of the materials shall be approved by the Engineer before the delivery is started. All materials proposed for use may be inspected or tested at any time during their preparation and use. If, after incorporating such materials into the Work, it is found that sources of supply that have been approved do not furnish a uniform product, or if the product from any source proves unacceptable at any time, the Contractor shall furnish approved material from other approved sources. If any product proves unacceptable after ,, •+' Revised 6/15/17 Contract No. 4604/4605 Page 68 of 131 improper storage, handling or for any other reason it shall be rejected, not incorporated into the work and shall be removed from the project site all at the Contractor's expense. Compaction tests may be made by the Engineer and all costs for tests that meet or exceed the requirements of the specifications shall be borne by the Agency. Said tests may be made at any place along the work as deemed necessary by the Engineer. The costs of any retests made necessary by noncompliance with the specifications shall be borne by the Contractor. 4-1.5 Certification. The Engineer may waive materials testing requirements of the Specifications and accept the manufacturer's written certification that the materials to be supplied meet those requirements. Material test data may be required as part of the certification. 4-1.6 Trade Names or Equals. The Contractor may supply any of the materials specified or offer an equivalent. Any and all "as equal" submittals shall be transmitted to the Engineer within thirty (30) days of the Notice to Proceed. The Engineer shall determine whether the material offered is equivalent to that specified. Adequate time shall be allowed for the Engineer to make this determination. Whenever any particular material, process, or equipment is indicated by patent, proprietary or brand name, or by name of manufacturer, such wording is used for the purpose of facilitating its description and shall be deemed to be followed by the words or equal. A listing of materials is not intended to be comprehensive, or in order of preference. The Contractor may offer any material, process, or equipment considered to be equivalent to that indicated. The substantiation of offers shall be submitted as provided in the contract documents, within thirty (30) days of the Notice to Proceed. The Contractor shall, at its expense, furnish data concerning items offered by it as equivalent to those specified. The Contractor shall have the material tested as required by the Engineer to determine that the quality, strength, physical, chemical, or other characteristics, including durability, finish, efficiency, dimensions, service, and suitability are such that the item will fulfill its intended function. Test methods shall be subject to the approval of the Engineer. Test results shall be reported promptly to the Engineer, who will evaluate the results and determine if the substitute item is equivalent. The Engineer's findings shall be final. Installation and use of a substitute item shall not be made until approved by the Engineer. If a substitute offered by the Contractor is not found to be equal to the specified material, the Contractor shall furnish and install the specified material. The specified Contract completion time shall not be affected by any circumstance developing from the provisions of this section. The Contractor is responsible for the satisfactory performance of substituted items. If, in the sole opinion of the Engineer, the substitution is determined to be unsatisfactory in performance, appearance, durability, compatibility with associated items, availability of repair parts and suitability of application the Contractor shall remove the substituted item and replace it with the originally specified item at no cost to the Agency. 4-1.7 Weighing and Metering Equipment. All scales and metering equipment used for proportioning materials shall be inspected for accuracy and certified within the past 12 months by ,, •+' Revised 6/15/17 Contract No. 4604/4605 Page 69 of 131 the State of California Bureau of Weights and Measures, by the County Director or Sealer of Weights and Measures, or by a scale mechanic registered with or licensed by the County. The accuracy of the work of a scale service agency, except as stated herein, shall meet the standards of the California Business and Professions Code and the California Code of Regulations pertaining to weighing devices. A certificate of compliance shall be presented, prior to operation, to the Engineer for approval and shall be renewed whenever required by the Engineer at no cost to the Agency. All scales shall be arranged so they may be read easily from the operator's platform or area. They shall indicate the true net weight without the application of any factor. The figures of the scales shall be clearly legible. Scales shall be accurate to within 1 percent when tested with the plant shut down. Weighing equipment shall be so insulated against vibration or moving of other operating equipment in the plant area that the error in weighing with the entire plant running will not exceed 2 percent for any setting nor 1.5 percent for any batch. 4-1.8 Calibration of Testing Equipment. Testing equipment, such as, but not limited to pressure gages, metering devices, hydraulic systems, force (load) measuring instruments, and strain-measuring devices shall be calibrated by a testing agency acceptable to the Engineer at intervals not to exceed 12 months and following repairs, modification, or relocation of the equipment. Calibration certificates shall be provided when requested by the Engineer. 4-1.9 Construction Materials Dispute Resolution (Soils, Rock Materials, Concrete, Mortar and Related Materials, Masonry Materials, Bituminous Materials, Rock Products, and Modified Asphalts). In the interest of safety and public value, whenever credible evidence arises to contradict the test values of materials, the Agency and the Contractor will initiate an immediate and cooperative investigation. Test values of materials are results of the materials' tests, as defined by these Specifications or by the special provisions, required to accept the Work. Credible evidence is process observations or test values gathered using industry accepted practices. A contradiction exists whenever test values or process observations of the same or similar materials are diverse enough such that the work acceptance or performance becomes suspect. The investigation shall allow access to all test results, procedures, and facilities relevant to the disputed work and consider all available information and, when necessary, gather new and additional information in an attempt to determine the validity, the cause, and if necessary, the remedy to the contradiction. If the cooperative investigation reaches any resolution mechanism acceptable to both the Agency and the Contractor, the contradiction shall be considered resolved and the cooperative investigation concluded. Whenever the cooperative investigation is unable to reach resolution, the investigation may then either conclude without resolution or continue by written notification of one party to the other requesting the implementation of a resolution process by committee. The continuance of the investigation shall be contingent upon recipient's agreement and acknowledged in writing within 3 calendar days after receiving a request. Without acknowledgement, the investigation shall conclude without resolution. The committee shall consist of three State of California Registered Civil Engineers. Within 7 calendar days after the written request notification, the Agency and the Contractor will each select one engineer. Within 14 calendar days of the written request notification, the two selected engineers will select a third engineer. The goal in selection of the third member is to complement the professional experience of the first two engineers. Should the two engineers fail to select the third engineer, the Agency and the Contractor shall each propose 2 engineers to be the third member within 21 calendar days after the written request notification. The first two engineers previously selected shall then select one of the four proposed engineers in a blind draw. The committee shall be a continuance of the cooperative investigation and will re-consider all available information and if necessary ,, •tf Revised 6/15/17 Contract No. 4604/4605 Page 70 of 131 gather new and additional information to determine the validity, the cause, and if necessary, the remedy to the contradiction. The committee will focus upon the performance adequacy of the material(s) using standard engineering principles and practices and to ensure public value, the committee may provide engineering recommendations as necessary. Unless otherwise agreed, the committee will have 30 calendar days from its formation to complete their review and submit their findings. The final resolution of the committee shall be by majority opinion, in writing, stamped and signed. Should the final resolution not be unanimous, the dissenter may attach a written, stamped, and signed minority opinion. Once started, the resolution process by committee shall continue to full conclusion unless: 1. Within 7 days of the formation of the committee, the Agency and the Contractor reach an acceptable resolution mechanism; or 2. Within 14 days of the formation of the committee, the initiating party withdraws its written notification and agrees to bear all investigative related costs thus far incurred; or 3. At any point by the mutual agreement of the Agency and the Contractor. Unless otherwise agreed, the Contractor shall bear and maintain a record for all the investigative costs until resolution. Should the investigation discover assignable causes for the contradiction, the assignable party, the Agency or the Contractor, shall bear all costs associated with the investigation. Should assignable causes for the contradiction extended to both parties, the investigation will assign costs cooperatively with each party or when necessary, equally. Should the investigation substantiate a contradiction without assignable cause, the investigation will assign costs cooperatively with each party or when necessary, equally. Should the investigation be unable to substantiate a contradiction, the initiator of the investigation shall bear all investigative costs. All claim notification requirements of the contract pertaining to the contradiction shall be suspended until the investigation is concluded. 4-2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE. The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm the quantity and quality received, prepare storage area(s), store, handle, protect, move, relocate, remove and dispose excess of all materials used to accomplish the Work. Materials shall be delivered to the site of the work only during working hours, as defined in Section 6-7.2, and shall be accompanied by bills of lading that shall clearly state for each delivery: the name of the Contractor as consignee, the project name and number, address of delivery and name of consignor and a description of the material(s) shipped. Prior to storage of any materials which have been shipped to or by the Contractor to any location within the Agency's boundaries the Contractor shall provide the Engineer a copy of lease agreements for each property where such materials are stored. The lease agreement shall clearly state the term of the lease, the description of materials allowed to be stored and shall provide for the removal of the materials and restoration of the storage site within the time allowed for the Work. All such storage shall conform to all laws and ordinances that may pertain to the materials stored and to preparation of the storage site and the location of the site on which the materials are stored. Loss, damage or deterioration of all stored materials shall be the Contractor's responsibility. Conformance to the requirements of this section, both within and outside the limits of work are a part of the Work. The Engineer shall have the right to verify the suitability of materials and their proper storage at any time during the Work. ,, •+;' Revised 6/15/17 Contract No. 4604/4605 Page 71 of 131 SECTION 5 -UTILITIES 5-1 LOCATION. The Agency and affected utility companies have, by a search of known records, endeavored to locate and indicate on the Plans, all utilities which exist within the limits of the work. However, the accuracy and/or completeness of the nature, size and/or location of utilities indicated on the Plans is not guaranteed. Where underground main distribution conduits such as water, gas, sewer, electric power, telephone, or cable television are shown on the Plans, the Contractor shall assume that every property parcel will be served by a service connection for each type of utility. As provided in Section 4216 of the California Government Code, at least 2 working days prior to commencing any excavation, the Contractor shall contact the regional notification center (Underground Service Alert of Southern California) and obtain an inquiry identification number. The California Department of Transportation is not required by Section 4216 to become a member of the regional notification center. The Contractor shall contact it for location of its subsurface installations. The Contractor shall determine the location and depth of all utilities, including service connections, which have been marked by the respective owners and which may affect or be affected by its operations. If no pay item is provided in the Contract for this work, full compensation for such work shall be considered as included in the prices bid for other items of work. 5-2 PROTECTION. The Contractor shall not interrupt the service function or disturb the support of any utility without authority from the owner or order from the Agency. All valves, switches, vaults, and meters shall be maintained readily accessible for emergency shutoff. Where protection is required to ensure support of utilities located as shown on the Plans or in accordance with Section 5-1, the Contractor shall, unless otherwise provided, furnish and place the necessary protection at its expense. Upon learning of the existence and location of any utility omitted from or shown incorrectly on the Plans, the Contractor shall immediately notify the Engineer in writing. When authorized by the Engineer, support or protection of the utility will be paid for as provided in Section 3-2.2.3 or 3-3. The Contractor shall immediately notify the Engineer and the utility owner if any utility is disturbed or damaged. The Contractor shall bear the costs of repair or replacement of any utility damaged if located as noted in Section 5-1. When placing concrete around or contiguous to any non-metallic utility installation, the Contractor shall at its expense: 1. Furnish and install a 2 inch cushion of expansion joint material or other similar resilient material; or 2. Provide a sleeve or other opening which will result in a 2 inch minimum-clear annular space between the concrete and the utility; or 3. Provide other acceptable means to prevent embedment in or bonding to the concrete. ,., •+; Revised 6/15/17 Contract No. 4604/4605 Page 72 of 131 Where concrete is used for backfill or for structures which would result in embedment, or partial embedment, of a metallic utility installation; or where the coating, bedding or other cathodic protection system is exposed or damaged by the Contractor's operations, the Contractor shall notify the Engineer and arrange to secure the advice of the affected utility owner regarding the procedures required to maintain or restore the integrity of the system. 5-3 REMOVAL. Unless otherwise specified, the Contractor shall remove all interfering portions of utilities shown on the Plans or indicated in the Bid documents as "abandoned" or "to be abandoned in place". Before starting removal operations, the Contractor shall ascertain from the Agency whether the abandonment is complete, and the costs involved in the removal and disposal shall be included in the Bid for the items of work necessitating such removals. 5-4 RELOCATION. When feasible, the owners responsible for utilities within the area affected by the Work will complete their necessary installations, relocations, repairs, or replacements before commencement of work by the Contractor. When the Plans or Specifications indicate that a utility installation is to be relocated, altered, or constructed by others, the Agency will conduct all negotiations with the owners and work will be done at no cost to the Contractor, except for manhole frame and cover sets to be brought to grade as provided in the Standard Specifications for Public Works Construction, Section 301-1.6, 2015 Edition, and the supplements thereto. Utilities which are relocated in order to avoid interference shall be protected in their position and the cost of such protection shall be included in the Bid for the items of work necessitating such relocation. After award of the Contract, portions of utilities which are found to interfere with the Work will be relocated, altered or reconstructed by the owners, or the Engineer may order changes in the Work to avoid interference. Such changes will be paid for in accordance with Section 3-2. When the Plans or Specifications provide for the Contractor to alter, relocate, or reconstruct a utility, all costs for such work shall be included in the Bid for the items of work necessitating such work. Temporary or permanent relocation or alteration of utilities requested by the Contractor for its convenience shall be its responsibility and it shall make all arrangements and bear all costs. The utility owner will relocate service connections as necessary within the limits of the Work or within temporary construction or slope easements. When directed by the Engineer, the Contractor shall arrange for the relocation of service connections as necessary between the meter and property line, or between a meter and the limits of temporary construction or slope easements. The relocation of such service connections will be paid for in accordance with provisions of Section 3-3. Payment will include the restoration of all existing improvements which may be affected thereby. The Contractor may agree with the owner of any utility to disconnect and reconnect interfering service connections. The Agency will not be involved in any such agreement. In conformance with Section 5-6 the Contractor shall coordinate the work with utility agencies and companies. Prior to the installation of any and all utility structures within the limits of work by any utility agency or company, or its contractor, the Contractor shall place all curb or curb and gutter that is a part of the work and adjacent to the location where such utility structures are shown on the plans and are noted as being located, relocated or are otherwise shown as installed by others. In order to minimize delays to the Contractor caused by the failure of other parties to relocate utilities that interfere with the construction, the Contractor, upon the Engineer's approval, may be permitted to temporarily omit the portion of work affected by the utility. If such temporary omission is approved by the Engineer the Contractor shall place survey or other physical control markers sufficient to locate the curb or curb and gutter to the satisfaction of the utility agency or company. Such temporary omission shall be for the Contractor's convenience and no additional ,, • ., Revised 6/15/17 Contract No. 4604/4605 Page 73 of 131 compensation will be allowed therefore or for additional work, materials or delay associated with the temporary omission. The portion thus omitted shall be constructed by the Contractor immediately following the relocation of the utility involved unless otherwise directed by the Engineer. 5-5 DELAYS. The Contractor shall notify the Engineer of its construction schedule insofar as it affects the protection, removal, or relocation of utilities. Said notification shall be included as a part of the construction schedule required in Section 6-1. The Contractor shall notify the Engineer in writing of any subsequent changes in the construction schedule which will affect the time available for protection, removal, or relocation of utilities. The Contractor will not be entitled to damages or additional payment for delays attributable to utility relocations or alterations if correctly located, noted, and completed in accordance with Section 5-1. The Contractor may be given an extension of time for unforeseen delays attributable to unreasonably protracted interference by utilities in performing work correctly shown on the Plans. The Agency will assume responsibility for the timely removal, relocation, or protection of existing main or trunkline utility facilities within the area affected by the Work if such utilities are not identified in the Contract Documents. The Contractor will not be assessed liquidated damages for any delay caused by failure of Agency to provide for the timely removal, relocation, or protection of such existing facilities. If the Contractor sustains loss due to delays attributable to interferences, relocations, or alterations not covered by Section 5-1, which could not have been avoided by the judicious handling of forces, equipment, or plant, there shall be paid to the Contractor such amount as the Engineer may find to be fair and reasonable compensation for such part of the Contractor's actual loss as was unavoidable and the Contractor may be granted an extension of time. 5-6 COOPERATION. It is the Contractor's responsibility to be aware of all existing field conditions prior to bidding. Contractor shall cooperate and coordinate all construction activities with utility companies, special agencies, homeowner's associations, or other entities of any kind as may be required to facilitate the work herein. No additional compensation shall be requested by the Contractor, nor shall any be approved by the City related to this clause. 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. l' • .., Revised 6/15/17 Contract No. 4604/4605 Page 74 of 131 SECTION 6 -PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Except as otherwise provided herein and unless otherwise prohibited by permits from other agencies as may be required by law the Contractor shall begin work within seven (7) calendar days after receipt of the "Notice to Proceed". 6-1.1 Pre-Construction Meeting. After, or upon, notification of contract award, the Engineer will set the time and location for the Preconstruction Meeting. Attendance of the Contractor's management personnel responsible for the management, administration, and execution of the project is mandatory for the meeting to be convened. Failure of the Contractor to have the Contractor's responsible project personnel or subcontractor's representatives attend the Preconstruction Meeting will be grounds for default by Contractor per Section 6-4. No separate payment will be made for the Contractor's attendance at the meeting. The notice to proceed will only be issued on or after the completion of the preconstruction meeting. 6-1.1.1 Baseline Construction Schedule Submittal. The Contractor shall submit the Baseline Construction Schedule per the submittal requirements of Section 2-5.3. The submittal of the Baseline Construction Schedule shall include each item and element of Sections 6-1.2 through 6-1.2.9 and shall be on hard (paper) copy and electronic media conforming to Section 6-1.3.3 Electronic Media. 6-1.2 Preparation and Review of the Baseline Construction Schedule. The Contractor shall prepare the Baseline Construction Schedule as a Critical Path Method (CPM) Schedule in the precedence diagram method (activity-on-node) format. The Baseline Construction Schedule shall depict a workable plan showing the sequence, duration, and interdependence of all activities required to represent the complete performance of all project work as well as periods where work is precluded. The Baseline Construction Schedule shall begin with the projected date of issuance of the notice to proceed and conclude with the date of final completion per the contract duration. The Baseline Construction Schedule shall include detail of all project phasing, staging, and sequencing, including all milestones necessary to define beginning and ending of each phase or stage. 6-1.2.1 Time-Scaled Network Diagram. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a complete time-scaled network diagram showing all of the activities, logic relationships, and milestones comprising the schedule. 6-1.2.2 Tabular Listing. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a tabular listing of all of the activities, showing for each activity the identification number, the description, the duration, the early start, the early finish, the late start, the late finish, the total float, and all predecessor and successor activities for the activity described. 6-1.2.3 Bar Chart. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a chart showing individual tasks and their durations arranged with the tasks on the vertical axis and duration on the horizontal axis. The bar chart shall use differing texture patterns or distinctive line types to show the critical path. ,, •;;' Revised 6/15/17 Contract No. 4604/4605 Page 75 of 131 6-1.2.4 Schedule Software and Project Management Software. The Contractor shall use commercially available software equal to the latest version of Microsoft Project and compatible with Windows 7 to prepare the Baseline Construction Schedule and all updates thereto. The City will also use ProCore project management software for these projects. The Contractor shall submit to the Agency all data files via ProCore with all network information contained thereon, in a format readable by Windows 7 software programs and/or Microsoft Project. The Agency will use Microsoft Project for review of the Contractor's schedule. The Agency will coordinate one ProCore training session for the Contractor if requested prior to submittal of the first baseline schedule. Any classes shall be presented on Mondays through Thursdays between the hours of 8:00 a.m. and 5:00 p.m. The on-site training shall be held at 1635 Faraday Avenue, Carlsbad, California. The dates and times of the on-site training shall be submitted to the Engineer for approval five working days before the start of the on-site training. The on-site training shall be completed prior to the submittal of the first Baseline Construction Schedule. 6-1.2.5 Schedule Activities. Except for submittal activities, activity durations shall not be shorter than 1 working day. The Baseline Construction Schedule shall include 50 or more activities, including submittals, interfaces between utility companies and other agencies, project milestones and equipment and material deliveries. The number of activities will be sufficient, in the judgment of the Engineer, to communicate the Contractor's plan for project execution, to accurately describe the project work, and to allow monitoring and evaluation of progress and of time impacts. Each activity's description shall accurately define the work planned for the activity and each activity shall have recognizable beginning and end points. 6-1.2.6 Float. Float or slack time within the schedule is available without charge or compensation to whatever party or contingency first exhausts it. 6-1.2. 7 Restraints to Activities. Any submittals, utility interfaces, or any furnishing of Agency supplied materials, equipment, or services, which may impact any activity's construction shall be shown as a restraint to those activities. Time periods to accommodate the review and correction of submittals shall be included in the schedule. 6-1.2.8 Late Completion. A Baseline Construction Schedule showing a project duration longer than the specified contract duration will not be acceptable and will be grounds for determination of default by Contractor, per Section 6-4 6-1.2.9 Early Completion. The Baseline Construction Schedule will show the Contractor's plan to support and maintain the project for the entire contractual time span of the project. Should the Contractor propose a project duration shorter than contract duration, a complete Baseline Construction Schedule must be submitted, reflecting the shorter duration, in complete accordance with all schedule requirements of Section 6-1. The Engineer may choose to accept the Contractor's proposal of a project duration shorter than the duration specified; provided the Agency is satisfied the shortened Baseline Construction Schedule is reasonable and the Agency and all other entities, public and private, which interface with the project are able to support the provisions of the shortened Baseline Construction Schedule. The Agency's acceptance of a shortened duration project will be confirmed through the execution of a contract change order revising the project duration and implementing all contractual requirements including liquidated damages in accordance with the revised duration. 6-1.2.10 Engineer's Review. The Construction Schedule is subject to the review of the Engineer. The Engineer's determination that the Baseline Construction Schedule proposed by the Contractor complies with the requirements of these supplemental provisions shall be a condition ,, •+;' Revised 6/15/17 Contract No. 4604/4605 Page 76 of 131 precedent to issuance of the Notice to Proceed by the Engineer. If the Engineer determines that the Construction Schedule does not meet the requirements of these specifications the Contractor shall correct the Construction Schedule to meet these specifications and resubmit it to the Engineer. Failure of the Contractor to obtain the Engineer's determination that the initial Construction Schedule proposed by the Contractor complies with the requirements of these supplemental provisions within thirty (30) working days after the date of the preconstruction meeting shall be grounds for termination of the contract per Section 6-4. Days used by the Engineer to review the initial Construction Schedule will not be included in the 30 working days. The Engineer will review and return to the Contractor, with any comments, the Baseline Construction Schedule within 15 working days of submittal. The Baseline Construction Schedule will be returned marked as per Sections 6-1.2.10.1 through 6-1.2.10.3. 6-1.2.10.1 "Accepted." The Contractor may proceed with the project work upon issuance of the Notice to Proceed, and will receive payment for the schedule in accordance with Section 6-1.8.1. 6-1.2.10.2 "Accepted with Comments." The Contractor may proceed with the project work upon issuance of the Notice to Proceed. The Contractor must resubmit the schedule incorporating the comments prior to receipt of payment per Section 6-1.8.1. 6-1.2.10.3 "Not Accepted." The Contractor must resubmit the schedule incorporating the corrections and changes of the comments prior to receipt of payment per Section 6-1.8.1. The Notice to Proceed will not be issued by the Engineer if the changes of the comments are not submitted as required hereinbefore and marked "Accepted" or "Accepted with Comments" by the Engineer. The Contractor, at the sole option of the Engineer, may be considered as having defaulted the contract under the provisions of Section 6-4 DEFAULT BY CONTRACTOR if the changes of the comments are not submitted as required hereinbefore and marked "Accepted" by the Engineer. 6-1.3 Preparation of Schedule Updates and Revisions. The Contractor shall meet with the Engineer during the last week of each month to agree upon each activity's schedule status and shall submit monthly updates of the Baseline Construction Schedule confirming the agreements no later than the fifth working day of the following month. The monthly update will be submitted on hard (paper) copy and electronic media conforming to Section 6-1.3.3 Electronic Media per the submittal requirements of Section 2-5.3 and will include each item and element of Sections 6- 1.2 through 6-1.2.9 and 6-1.3.1 through 6-1.3.7. 6-1.3.1 Actual Activity Dates. The actual dates each activity was started and/or completed during the month. After first reporting an actual date, the Contractor shall not change that actual date in later updates without specific notification to the Engineer with the update. 6-1.3.2 Activity Percent Complete. For each activity underway at the end of the month, the Contractor shall report the percentage determined by the Engineer as complete for the activity. 6-1.3.3 Electronic Media. The schedule data files shall be submitted using approve project management software as described in section 6-1.2.4. "Schedule Software and Project Management Software". The schedule data files shall be readable by the software specified in Section 6-1.2.4 "Schedule Software and Project Management Software" and shall be free of file locking, encryption or any other protocol that would impede full access of all data stored on it. ,, • ., Revised 6/15/17 Contract No. 4604/4605 Page 77 of 131 6-1.3.4 List of Changes. A list of all changes made to the activities or to the interconnecting logic, with an explanation for each change. 6-1.3.5 Change Orders. Each monthly update will include the addition of the network revisions reflecting the change orders approved in the previous month. The network revisions will be as agreed upon during the review and acceptance of the Contractor's change orders. 6-1.3.6 Bar Chart. Each monthly update will include a chart showing individual tasks and their durations arranged with the tasks on the vertical axis and duration on the horizontal axis. The bar chart shall use differing texture patterns or distinctive line types to show the critical path. 6-1.4 Engineer's Review of Updated Construction Schedule. The Engineer will review and return the Updated Construction Schedule to the Contractor, with any comments, within 5 working days of submittal. The Updated Construction Schedule will be returned marked as per Sections 6-1.4.1 through 6-1.4.3. Any Updated Construction Schedule marked "Accepted with Comments" or "Not Accepted" by the Engineer will be returned to the Contractor for correction. Upon resubmittal the Engineer will review and return the resubmitted Updated Construction Schedule to the Contractor, with any comments, within 5 working days. Failure of the Contractor to submit a monthly updated construction schedule will invoke the same consequences as the Engineer returning a monthly updated construction schedule marked "Not Accepted". 6-1.4.1 "Accepted." The Contractor may proceed with the project work, and will receive payment for the schedule in accordance with Section 6-1.8.2. 6-1.4.2 "Accepted with Comments." The Contractor may proceed with the project work. The Contractor must resubmit the Updated Construction Schedule to the Engineer incorporating the corrections and changes noted in the Engineer's comments prior to receipt of payment per Section 6-1.8.2. 6-1.4.3 "Not Accepted." The Contractor must resubmit the Updated Construction Schedule to the Engineer incorporating the corrections and changes noted in the Engineer's comments prior to receipt of payment per Section 6-1.8.2. The Contractor, at the sole option of the Engineer, may be considered as having defaulted the contract under the provisions of Section 6-4 DEFAULT BY CONTRACTOR if the changes of the comments are not submitted and marked "Accepted" by the Engineer before the last day of the month in which the Updated Construction Schedule is due. If the Contractor fails to submit the corrected Updated Construction Schedule as required herein the Contractor may elect to proceed with the project at its own risk. Should the Contractor elect not to proceed with the project, any resulting delay, impact, or disruption to the project will be the Contractor's responsibility. 6-1.5 Late Completion or Milestone Dates. Should the Schedule Update indicate a completion or contractually required milestone date later than the properly adjusted contract or milestone duration, the Agency may withhold Liquidated Damages for the number of days late. Should a subsequent "Accepted" Schedule Update remove all or a portion of the delay, all or the allocated portion of the previously held Liquidated Damages shall be released in the monthly payment to the Contractor immediately following the "Accepted" schedule. 6-1.6 Interim Revisions. Should the actual or projected progress of the work become substantially different from that depicted in the Project Schedule, independently of and prior to the next monthly update, the Contractor will submit a revised Baseline Construction Schedule, with a list and explanation of each change made to the schedule. The Revised Construction Schedule l' • .., Revised 6/15/17 Contract No. 4604/4605 Page 78 of 131 will be submitted per the submittal requirements of Section 2-5.3 and per the schedule review and acceptance requirements of Section 6-1, including but not limited to the acceptance and payment provisions. As used in this section "substantially different" means a time variance greater than 5 percent of the number of days of duration for the project. 6-1.7 Final Schedule Update. The Contractor shall prepare and submit a final schedule update when one hundred percent of the construction work is completed. The Contractor's Final Schedule Update must accurately represent the actual dates for all activities. The final schedule update shall be prepared and reviewed per Sections 6-1.3 Preparation of Schedule Updates and Revisions and 6-1. 4 Engineer's Review of Updated Construction Schedule. Acceptance of the final schedule update is required for completion of the project and release of any and all funds retained per Section 9-3.2. 6-1.8 Measurement and Payment of Construction Schedule. The Contractor's preparation, revision and maintenance of the Construction Schedule are incidental to the work and no separate payment will be made therefore. 6-2 PROSECUTION OF WORK. To minimize public inconvenience and possible hazard and to restore street and other work areas to their original condition and state of usefulness as soon as practicable, the Contractor shall diligently prosecute the Work to completion. If the Engineer determines that the Contractor is failing to prosecute the Work to the proper extent, the Contractor shall, upon orders from the Engineer, immediately take steps to remedy the situation. All costs of prosecuting the Work as described herein shall be included in the Contractor's Bid. Should the Contractor fail to take the necessary steps to fully accomplish said purposes, after orders of the Engineer, the Engineer may suspend the work in whole or part, until the Contractor takes said steps. As soon as possible under the provisions of the Specifications, the Contractor shall backfill all excavations and restore to usefulness all improvements existing prior to the start of the Work. If Work is suspended through no fault of the Agency, all expenses and losses incurred by the Contractor during such suspensions shall be borne by the Contractor. If the Contractor fails to properly provide for public safety, traffic, and protection of the Work during periods of suspension, the Agency may elect to do so, and deduct the cost thereof from monies due the Contractor. Such actions will not relieve the Contractor from liability. 6-2.1 Order of Work. The work to be done shall consist of furnishing all labor, equipment and materials, and performing all operations necessary to complete the Project Work as shown on the Project Plans and as specified in the Specifications. 6-2.3 Project Meetings. The Engineer will establish the time and location of weekly Owner, Architect and Contractor (OAC) Project Meetings. The Contractor's Representative shall attend each Project Meeting. The Project Representative shall be the individual determined under Section 7-6, "The Contractor's Representative". No separate payment for attendance of the Contractor, the Contractor's Representative or any other employee or subcontractor or subcontractor's employee at these meetings will be made. 6-3 SUSPENSION OF WORK. 6-3.1 General. The Work may be suspended in whole or in part when determined by the Engineer that the suspension is necessary in the interest of the Agency. The Contractor shall ,, •+;' Revised 6/15/17 Contract No. 4604/4605 Page 79 of 131 comply immediately with any written order of the Engineer. Such suspension shall be without liability to the Contractor on the part of the Agency except as otherwise specified in Section 6-6.3. 6-3.2 Archaeological and Paleontological Discoveries. If discovery is made of items of archaeological or paleontological interest, the Contractor shall immediately cease excavation in the area of discovery and shall not continue until ordered by the Engineer. When resumed, excavation operations within the area of discovery shall be as directed by the Engineer. Discoveries which may be encountered may include, but not be limited to, dwelling sites, stone implements or other artifacts, animal bones, human bones, and fossils. The Contractor shall be entitled to an extension of time and compensation in accordance with the provisions of Section 6-6. 6-4 DEFAULT BY CONTRACTOR. If the Contractor fails to begin delivery of material and equipment, to commence the Work within the time specified, to maintain the rate of delivery of material, to execute the Work in the manner and at such locations as specified, or fails to maintain the Work schedule which will insure the Agency's interest, or, if the Contractor is not carrying out the intent of the Contract, the Agency may serve written notice upon the Contractor and the Surety on its Faithful Performance Bond demanding satisfactory compliance with the Contract. The Contract may be canceled by the Board without liability for damage, when in the Board's opinion the Contractor is not complying in good faith, has become insolvent, or has assigned or 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, Schedule of Values or lump sums bid and the quantity of the Work completed at the time of cancellation, less damages caused to the Agency by acts of the Contractor. The Contractor, in having tendered a Bid, shall be deemed to have waived any and all claims for damages because of cancellation of Contract for any such reason. If the Agency declares the Contract canceled for any of the above reasons, written notice to that effect shall be served upon the Surety. The Surety shall, within five (5) days, assume control and perform the Work as successor to the Contractor. If the Surety assumes any part of the Work, it shall take the Contractor's place in all respects for that part, and shall be paid by the Agency for all work performed by it in accordance with the Contract. If the Surety assumes the entire Contract, all money due the Contractor at the time of its default shall be payable to the Surety as the Work progresses, subject to the terms of the Contract. If the Surety does not assume control and perform the Work within 5 days after receiving notice of cancellation, or fails to continue to comply, the Agency may exclude the Surety from the premises. The Agency may then take possession of all material and equipment and complete the Work by Agency forces, by letting the unfinished Work to another Contractor, or by a combination of such methods. In any event, the cost of completing the Work shall be charged against the Contractor and its Surety and may be deducted from any money due or becoming due from the Agency. If the sums due under the Contract are insufficient for completion, the Contractor or Surety shall pay to the Agency within 5 days after the completion, all costs in excess of the sums due. The provisions of this section shall be in addition to all other rights and remedies available to the Agency under law. ,, •+;' Revised 6/15/17 Contract No. 4604/4605 Page 80 of 131 6-5 TERMINATION OF CONTRACT. The Board may terminate the Contract at its own discretion or when conditions encountered during the Work make it impossible or impracticable to proceed, or when the Agency is prevented from proceeding with the Contract by act of God, by law, or by official action of a public authority. 6-6 DELAYS AND EXTENSIONS OF TIME. 6-6.1 General. If delays are caused by unforeseen events beyond the control of the Contractor, such delays will entitle the Contractor to an extension of time as provided herein, but the Contractor will not be entitled to damages or additional payment due to such delays, except as provided in 6-6.3. Such unforeseen events may include: war, government regulations, labor disputes, strikes, fires, floods, adverse weather or elements necessitating cessation of work, inability to obtain materials, labor or equipment, required extra work, or other specific events as may be further described in the Specifications. No extension of time will be granted for a delay caused by the Contractor's inability to obtain materials unless the Contractor furnishes to the Engineer documentary proof. The proof must be provided in a timely manner in accordance with the sequence of the Contractor's operations and the approved construction schedule. If delays beyond the Contractor's control are caused by events other than those mentioned above, the Engineer may deem an extension of time to be in the best interests of the Agency. The Contractor will not be entitled to damages or additional payment due to such delays, except as provided in Section 6-6.3. If delays beyond the Contractor's control are caused solely by action or inaction by the Agency, such delays will entitle the Contractor to an extension of time as provided in Section 6-6.2. 6-6.2 Extensions of Time. Extensions of time, when granted, will be based upon the effect of delays to the Work. They will not be granted for noncontrolling delays to minor portions of the Work unless it can be shown that such delays did or will delay the progress of the Work. 6-6.3 Payment for Delays to Contractor. The Contractor will be compensated for damages incurred due to delays for which the Agency is responsible. Such actual costs will be determined by the Engineer. The Agency will not be liable for damages which the Contractor could have avoided by any reasonable means, such as judicious handling of forces, equipment, or plant. The determination of what damages the Contractor could have avoided will be made by the Engineer. 6-6.4 Written Notice and Report. The Contractor shall provide written notice to the Engineer within two hours of the beginning of any period that the Contractor has placed any workers or equipment on standby for any reason that the Contractor has determined to be caused by the Agency or by any organization that the Agency may otherwise be obligated by. The Contractor shall provide continuing daily written notice to the Engineer, each working day, throughout the duration of such period of delay. The initial and continuing written notices shall include the classification of each workman and supervisor and the make and model of each piece of equipment placed on standby, the cumulative duration of the standby, the Contractor's opinion of the cause of the delay and a cogent explanation of why the Contractor could not avoid the delay by reasonable means. Should the Contractor fail to provide the notice(s) required by this section the Contractor agrees that no delay has occurred and that it will not submit any claim(s) therefore. {'\ • ., Revised 6/15/17 Contract No. 4604/4605 Page 81 of 131 6-7 TIME OF COMPLETION. 6-7.1 General. The Contractor shall complete the Work within the time set forth in the Contract. The Contractor shall complete each portion of the Work within such time as set forth in the Contract for such portion. The time of completion of the Contract shall be expressed in working days. The Contractor shall diligently prosecute the work to completion within 240 working days after the starting date specified in the Notice to Proceed. 6-7.2 Working Day. A working day is any day within the period between the start of the Contract time as defined in Section 6-1 and the date provided for completion, or upon field acceptance by the Engineer for all work provided for in the Contract, whichever occurs first, other than: 1. Saturday, 2. Sunday, 3. any day designated as a holiday by the Agency, 4. any other day designated as a holiday in a Master Labor Agreement entered into by the Contractor or on behalf of the Contractor as an eligible member of a contractor association, 5. any day the Contractor is prevented from working at the beginning of the workday for cause as defined in Section 6-6.1, 6. any day the Contractor is prevented from working during the first 5 hours with at least 60 percent of the normal work force for cause as defined in Section 6-6.1. 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 Contractor is beneficial to the best interests of the Agency. The Contractor shall pay the inspection costs of such work. 6-7.2.1 Construction-Related Noise. Construction noise created during the general breeding season (January 15 to September 15) that could affect the breeding of the coastal California gnatcatcher, migratory songbirds, and other bird species associated with adjacent undeveloped areas shall be avoided. No loud construction noise (exceeding 60dBA hourly average, adjusted for ambient noise levels, at the nesting site) may take place within 500 feet of active nesting sites during the general breeding season (January 15 through September 15). If it is confirmed that the project could result in construction-related noise impacts to breeding birds during the general breeding season, the City shall retain a qualified biologist to monitor the construction operations. The biological monitor shall be present to monitor construction activities that occur adjacent to the undeveloped open space potentially supporting breeding birds. The monitor shall verify that construction noise levels do not exceed 60dBA hourly average and shall have the ability to halt construction work, if necessary, and confer with the City, USFWS, and CDFG to ensure the proper implementation of additional protection measures during construction. The biologist shall report any violation to the USFWS and/or CDFG within 24 hours of its occurrence. Contractor is encouraged to complete all grading activities outside of the general breeding season. All costs associated with implementation of noise protection measures shall be the responsibility of the Contractor. ,, •;;' Revised 6/15/17 Contract No. 4604/4605 Page 82 of 131 The Contractor shall incorporate the dates, areas and types of work prohibited in this section in the Construction Schedule required by Section 6.1. No additional payment, adjustment of bid prices or adjustment of contract time of completion will be allowed as a consequence of the prohibition of work being performed within the dates, areas and/or types of work prohibited in this section. 6-7.3 Contract Time Accounting. The Engineer will make a daily determination of each working day to be charged against the Contract time. These determinations will be discussed and the Contractor will be furnished a periodic statement showing allowable number of working days of Contract time, as adjusted, at the beginning of the reporting period. The statement will also indicate the number of working days charged during the reporting period and the number of working days of Contract time remaining. If the Contractor does not agree with the statement, it shall file a written protest within 15 days after receipt, setting forth the facts of the protest. Otherwise, the statement will be deemed to have been accepted. 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY. Note: this section shall be supplemented with Technical Specifications including Section 01 78 40 -Warranties and Bonds. The Work will be inspected by the Engineer for acceptance upon receipt of the Contractor's written assertion that the Work has been completed. The Engineer will not accept the Work or any portion of the Work before all of the Work is completed and all outstanding deficiencies that may exist are corrected by the Contractor and the Engineer is satisfied that all the materials and workmanship, and all other features of the Work, meet the requirements of all of the specifications for the Work. Use, temporary, interim or permanent, of all, or portions of, the Work does not constitute acceptance of the Work. If, in the Engineer's judgment, the Work has been completed and is ready for acceptance the Engineer will so certify to the Board. Upon such certification by the Engineer the Board may accept the completed Work. Upon the Board's acceptance of the Work the Engineer will cause a "Notice of Completion" to be filed .in the office of the San Diego County Recorder. The date of recordation shall be the date of completion of the Work. All work shall be warranted for one (1) year after recordation of the "Notice of Completion" and any faulty work or materials discovered during the warranty period shall be repaired or replaced by the Contractor, at its expense. Twenty-five percent of the faithful performance bond shall be retained as a warranty bond for the one year warranty period. The Contractor shall replace or repair any such defective work in a manner satisfactory to the Engineer, after notice to do so from the Engineer, and within the time specified in the notice. If the Contractor fails to make such replacement or repairs within the time specified in the notice, the Agency may perform this work and the Contractor's sureties shall be liable for the cost thereof. 6-9 LIQUIDATED DAMAGES. Failure of the Contractor to complete the Work within the time allowed will result in damages being sustained by the Agency. For each consecutive calendar day in excess of the time specified for completion of Work, as adjusted in accordance with Section 6- 6, the Contractor shall pay the Agency, or have withheld monies due it, the sum of Two Thousand Dollars ($2,000.00). Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due the Contractor if such delay occurs. Execution of the Contract shall constitute agreement by the Agency and Contractor that $2,000 per day is the minimum value of costs and actual damages caused by the Contractor to complete the Work l'\ • ., Revised 6/15/17 Contract No. 4604/4605 Page 83 of 131 within the allotted time. Any progress payments made after the specified completion date shall not constitute a waiver of this paragraph or of any damages. 6-10 USE OF IMPROVEMENT DURING CONSTRUCTION. The Agency reserves the right to take over and utilize all or part of any completed facility or appurtenance. The Contractor will be notified in writing in advance of such action. Such action by the Agency will relieve the Contractor of responsibility for injury or damage to said completed portions of the improvement resulting from use by public traffic or from the action of the elements or from any other cause, except Contractor operations or negligence. The Contractor will not be required to reclean such portions of the improvement before field acceptance, except for cleanup made necessary by its operations. Nothing in this section shall be construed as relieving the Contractor from full responsibility for correcting defective work or materials. In the event the Agency exercises its right to place into service and utilize all or part of any completed facility or appurtenance, the Agency will assume the responsibility and liability for injury to persons or property resulting from the utilization of the facility or appurtenance so placed into service, except for any such injury to persons or property caused by any willful or negligent act or omission by the Contractor, Subcontractor, their officers, employees, or agents. ,, •ff Revised 6/15/17 Contract No. 4604/4605 Page 84 of 131 SECTION 7 -RESPONSIBILITIES OF THE CONTRACTOR 7-1 CONTRACTOR'S EQUIPMENT AND FACILITIES. The Contractor shall furnish and maintain in good condition all equipment and facilities as required for the proper execution and inspection of the Work. Such equipment and facilities shall meet all requirements of applicable ordinances and laws. 7-2 LABOR. 7-2.1 General. Only competent workers shall be employed on the Work. Any person employed who is found to be incompetent, intemperate, troublesome, disorderly, or otherwise objectionable, or who fails or refuses to perform work properly and acceptably, shall be immediately removed from the Work by the Contractor and not be reemployed on the Work. 7-2.2 Laws. The Contractor, its agents, and employees shall be bound by and comply with applicable provisions of the Labor Code and Federal, State, and local laws related to labor. The Contractor shall strictly adhere to the provisions of the Labor Code regarding minimum wages; the 8-hour day and 40-hour week; overtime; Saturday, Sunday, and holiday work; and nondiscrimination because of race, color, national origin, sex, or religion. The Contractor shall forfeit to the Agency the penalties prescribed in the Labor Code for violations. In accordance with the Labor Code, the Board has on file and will publish a schedule of prevailing wage rates for the types of work to be done under the Contract. The Contractor shall not pay less than these rates. Each worker shall be paid subsistence and travel as required by the collective bargaining agreement on file with the State of California Department of Industrial Relations. The Contractor's attention is directed to Section 1776 of the Labor Code which imposes responsibility upon the Contractor for the maintenance, certification, and availability for inspection of such records for all persons employed by the Contractor or Subcontractor in connection with the project. The Contractor shall agree through the Contract to comply with this Section and the remaining provisions of the Labor Code. 7-3 LIABILITY INSURANCE. Insurance shall be required as specified in section 10 of the Public Works Contract. The cost of this insurance shall be included in the Contractor's Bid. 7-4 WORKERS' COMPENSATION INSURANCE. Before execution of the Contract by the Board, the Contractor shall file with the Engineer the following signed certification: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." ,, •+;' Revised 6/15/17 Contract No. 4604/4605 Page 85 of 131 The Contractor shall also comply with Section 3800 of the Labor Code by securing, paying for, and maintaining in full force and effect for the duration of the contract, complete Workers' Compensation Insurance, and shall furnish a Certificate of Insurance to the Engineer before execution of the Contract. The Agency, its officers, or employees, will not be responsible for any claims in law or equity occasioned by failure of the Contractor to comply with this paragraph. All compensation insurance policies shall bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration or proposed cancellation of such policies for any reason whatsoever, the Agency shall be notified by registered mail not less than 30 days before expiration or cancellation is effective. All insurance is to be placed with insurers that are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. Policies issued by the State Compensation Fund meet the requirement for workers' compensation insurance. 7-5 PERMITS. Except as specified herein the Contractor will obtain, at no cost to the Contractor all City of Carlsbad encroachment, right-of-way, grading and building permits necessary to perform work for this contract on Agency property, streets, or other rights-of-way. Contractor shall not begin work until all permits incidental to the work are obtained. The Contractor shall obtain and pay for all permits for the disposal of all materials removed from the project. The cost of said permit(s) shall be included in the price bid for the appropriate bid item and no additional compensation will be allowed therefore. The Contractor shall obtain and pay for all costs incurred for permits necessitated by its operations such as, but not limited to, those permits required for night work, overload, blasting, and demolition. For private contracts, the Contractor shall obtain all permits incidental to the Work or made necessary by its operations, and pay all costs incurred by the permit requirements. The Contractor shall pay all business taxes or license fees that are required for the work. 7-5.1 Resource Agency Permits. Resource agency permits for the Work are included in the park-specific appendices. Resource agency permits pertaining to this project include: 1. California Water Quality Control Board permit number CAS000002 issued July 1, 2010. 2. California Water Quality Control Board Poinsettia Park construction general permit WDID# 9 37C377137 3. California Water Quality Control Board Aviara Park construction general permit WDID# 9 37C377138 4. Mitigated Negative Declaration 7-6 THE CONTRACTOR'S REPRESENTATIVE. Before starting work, the Contractor shall designate in writing a representative who shall have complete authority to act for it. An alternative representative may be designated as well. The representative or alternate shall be present at the Work site whenever work is in progress or whenever actions of the elements necessitate its presence to take measures necessary to protect the Work, persons, or property. Any order or communication given to this representative shall be deemed delivered to the Contractor. A joint venture shall designate only one representative and alternate. In the absence of the Contractor or its representative, instructions or directions may be given by the Engineer to the superintendent or person in charge of the specific work to which the order applies. Such order shall be complied with promptly and referred to the Contractor or its representative. (\ • ., Revised 6/15/17 Contract No. 4604/4605 Page 86 of 131 In order to communicate with the Agency, the Contractor's representative, superintendent, or person in charge of specific work shall be able to speak, read, and write the English language. 7-7 COOPERATION AND COLLATERAL WORK. The Contractor shall be responsible for ascertaining the nature and extent of any simultaneous, collateral, and essential work by others. The Agency, its workers and contractors and others, shall have the right to operate within or adjacent to the Work site during the performance of such work. The Agency, the Contractor, and each of such workers, contractors and others, shall coordinate their operations and cooperate to minimize interference. The Contractor shall include in its Bid all costs involved as a result of coordinating its work with others. The Contractor will not be entitled to additional compensation from the Agency for damages resulting from such simultaneous, collateral, and essential work. If necessary to avoid or minimize such damage or delay, the Contractor shall redeploy its work force to other parts of the Work. Should the Contractor be delayed by the Agency, and such delay could not have been reasonably foreseen or prevented by the Contractor, the Engineer will determine the extent of the delay, the effect on the project, and any extension of time. 7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility companies during the relocation or construction of their lines. The Contractor may be granted a time extension if, in the opinion of the Engineer, a delay is caused by the utility company. No additional compensation will be made to the Contractor for any such delay. 7-8 PROJECT SITE MAINTENANCE. 7-8.1 Cleanup and Dust Control. Throughout all phases of construction, including suspension of work, and until the final acceptance, the Contractor shall keep the site clean and free from rubbish and debris. The Contractor shall also abate dust nuisance by cleaning, sweeping and sprinkling with water, or other means as necessary. The use of water resulting in mud on public streets will not be permitted as a substitute for sweeping or other methods. When required by the Plans or Specifications, the Contractor shall furnish and operate a self- loading motor sweeper with spray nozzles at least once each working day for the purpose of keeping paved areas acceptably clean wherever construction, including restoration, is incomplete. Materials and equipment shall be removed from the site as soon as they are no longer necessary. Before the final inspection, the site shall be cleared of equipment, unused materials, and rubbish so as to present a satisfactory clean and neat appearance. All cleanup costs shall be included in the Contractor's Bid. Care shall be taken to prevent spillage on haul routes. Any such spillage shall be removed immediately and the area cleaned. Excess excavation material from catch basins or similar structures shall be removed from the site immediately. Sufficient material may remain for use as backfill if permitted by the Specifications. Forms and form lumber shall be removed from the site as soon as practicable after stripping. l'\ •+;' Revised 6/15/17 Contract No. 4604/4605 Page 87 of 131 Failure of the Contractor to comply with the Engineer's cleanup orders may result in an order to suspend work until the condition is corrected. No additional compensation will be allowed as a result of such suspension. Cleanup and dust control required herein shall also be executed on weekends and other non-working days when needed to preserve the health safety or welfare of the public. The Contractor shall conduct effective cleanup and dust control throughout the duration of the Contract. The Engineer may require increased levels of cleanup and dust control that, in his/her sole discretion, are necessary to preserve the health, safety and welfare of the public. Cleanup and dust control shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. 7-8.2 Air Pollution Control. The Contractor shall not discharge smoke, dust, or any other air contaminants into the atmosphere in such quantity as will violate the regulations of any legally constituted authority. 7-8.3 Vermin Control. At the time of acceptance, structures entirely constructed under the Contract shall be free of rodents, insects, vermin, and pests. Necessary extermination work shall be arranged and paid for by the Contractor as part of the Work within the Contract time, and shall be performed by a licensed exterminator in accordance with requirements of governing authorities. The Contractor shall be liable for injury to persons or property and responsible for the elimination of offensive odors resulting from extermination operations. 7-8.4 Sanitation. The Contractor shall provide and maintain enclosed toilets for the use of employees engaged in the Work. These accommodations shall be maintained in a neat and sanitary condition. They shall also comply with all applicable laws, ordinances, and regulations pertaining to public health and sanitation of dwellings and camps. Wastewater shall not be interrupted. Should the Contractor disrupt existing sewer facilities, sewage shall be conveyed in closed conduits and disposed of in a sanitary sewer system. Sewage shall not be permitted to flow in trenches or be covered by backfill. 7-8.5 Temporary Light, Power, and Water. The Contractor shall furnish, install, maintain, and remove all temporary light, power, and water at its own expense. These include piping, wiring, lamps, and other equipment necessary for the Work. The Contractor shall not draw water from any fire hydrant (except to extinguish a fire), without obtaining permission from the water agency concerned. The Contractor shall obtain a construction meter for water used for the construction, plant establishment, maintenance, cleanup, testing and all other work requiring water related to this contract. The Contractor shall contact the appropriate water agency for requirements. The Contractor shall pay all costs of temporary light, power and water including hookup, service, meter and any, and all, other charges, deposits and/or fees therefore. Said costs shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. 7-8.6 Water Pollution Control. The Contractor shall exercise every reasonable precaution to protect channels, storm drains, and bodies of water from pollution. It shall conduct and schedule operations so as to minimize or avoid muddying and silting of said channels, drains, and waters. Water pollution control work shall consist of constructing those facilities which may be required to provide prevention, control, and abatement of water pollution. Storm Water Pollution Prevention Plans (SWPPP) have been developed and certified for each park project. The Contractor shall be responsible for the implementation of each SWPPP and coordination with the City and the Regional Water Quality Control Board (RWQCB). All costs for ,., • .., Revised 6/15/17 Contract No. 4604/4605 Page 88 of 131 implementing the Storm Water Pollution Prevention and Monitoring Plans and coordination with the City and the RWQCB shall be included as part of the contract price bid. A Notice of Intent (NOi) shall be filed for each project SWPPP by the City of Carlsbad per requirements of the latest NPDES Construction Permit before a Notice to Proceed is issued. The Contractor shall comply with the California State Water Resources Control Board (SWRCB) Order Number 2009-09-DWQ. National Pollutant Discharge Elimination System (NPDES) General Permit Number CAS000002, Waste Discharge Requirements (WDR's) for Discharges of Storm Water Runoff associated with Construction and Land Disturbance Activities (Construction General Permit or CGP), and any subsequent amendments, where applicable. The revised Construction General Permit adopted on September 2, 2009 became effective on July 1, 2010 and applies to construction and land disturbance activities including construction or demolition activity that results in a land disturbance of equal to or greater than one acre including but not limited to clearing, grading, grubbing or excavation as defined in the CGP. The Contractor shall comply with all requirements under the CGP as they apply to the construction site and maintain an updated Storm Water Pollution Prevention Plan (SWPPP) based on site conditions. 7-8.6.1 General. The Contractor shall designate a Qualified SWPPP Developer (QSD) and a Qualified SWPPP Practitioner (QSP) who has satisfied the certification requirements and received approval by the SWRCB as specified in the CGP. The QSD and QSP shall carry professional liability insurance in an amount not less than $1,000,000.00, evidence of such shall be provided to the Municipal Projects Manager and the Agency shall be named as additionally insured. The Contractor's QSD shall be certified in accordance with CGP requirements and qualified to amend the SWPPP for the project, and shall ensure adherence to the requirements in CGP when applicable. Responsible persons for SMARTS management and CGP items are listed in the table below. SMARTS and CGP Res SMARTS and CGP Items er Contractor Contractor Contractor Contractor will be provided the SWPPP in digital format to complete any required revisions. If revisions are required, as determined by the Municipal Projects Manager, the Contractor shall revise and resubmit the SWPPP within 15 days of receipt of the Municipal Projects Manager's comments and shall allow five (5) days for the Municipal Projects Manager to review the revisions. Upon the Municipal Projects Manager's acceptance of the revised SWPPP, three (3) additional copies incorporating the required changes shall be submitted to the Municipal Projects Manager. In order to allow construction activities to proceed, the Municipal Projects Manager may conditionally approve the SWPPP while minor revisions are being completed. The objectives of the SWPPP are to identify pollution sources that may adversely affect the quality of storm water discharges associated with the project and to identify, construct, implement and maintain storm water pollution prevention measures, hereafter referred to as control measures, to reduce to the extent feasible pollutants in storm water discharges from the construction site ,, • ., Revised 6/15/17 Contract No. 4604/4605 Page 89 of 131 both during and after construction is completed under this contract. The Contractor shall implement and comply with all of the requirements in the final SWPPP. In accordance with the Construction General Permit, before project commencement, and until final acceptance of the Work by the Municipal Projects Manager, the Contractor shall provide all measures necessary to avoid erosion and adverse drainage conditions, in conformance with the requirements of the National Pollutant Discharge Elimination System (NPDES) Number CAS000002 [State Water Resources Control Board Order Number 2009-0009-DWQ, which can be found on the Internet at: http://www.waterboards.ca.gov/water issues/prograrns/stormwater/constpermits.shtml The Contractor's QSP shall ensure that all Best Management Practices (BMPs) required by the CGP and noted in the SWPPP are implemented, all non-storm water and storm water visual observations are completed and all sampling and analysis is performed, including non-visible pollutant monitoring. The Contractor's QSP shall also be responsible for overseeing any site grading operations and evaluating the effectiveness of the BMPs. The Contractor's QSP shall at a minimum maintain the following records and logs: • Daily inspection log • Printed or electronic version of NOAA weather forecast for each workday • Rain gauge log • Inspection forms • Photographs, of the project site and the BMPs, taken during required inspections performed before, during, and after storm events. • Water quality test results for any non-visible pollutant testing and any required storm water discharge sampling. The Contractor's QSP shall modify the BMPs as necessary to keep the site in compliance, oversee maintenance of the project's BMPs, and notify the Contractor's QSD to prepare amendments to the SWPPP. The Contractor's QSP, or QSP delegate overseen by the Contractor's QSP, shall be responsible for inspecting the BMPs and complying with all monitoring and reporting requirements as specified in the CGP. Any non-compliance reporting shall be the initial responsibility of the Contractor's QSP for the project and must be reported to the Contractor's QSD and the Municipal Projects Manager immediately and no later than 24 hours after being identified. The Contractor shall not violate any discharge prohibitions and shall comply with all the Special Provisions as described in the CGP as applicable. The Contractor's QSD shall submit a Notice of Termination (NOT) to the Municipal Projects Manager and shall prepare a report to satisfy all the requirements in the CGP to terminate coverage via the SWRCB SMART system. The NOT information and report shall be provided to the Municipal Projects Manager within 30 days of the Project Acceptance Date established by the Municipal Projects Manager. ,, •+' Revised 6/15/17 Contract No. 4604/4605 Page 90 of 131 As part of the implementation of the Storm Water Pollution Prevention Plan (SWPPP), the Contractor's QSD shall: 1. Prepare, certify and submit for acceptance to the Municipal Projects Manager by July 15th of each year or within 30 days of the Completion Date whichever is sooner, the required Annual Report in accordance with the CGP Special Provisions and annual reporting requirements in Section XVI of the CGP. Preparation of the documentation necessary for the Agency to submit the Annual Report is the primary responsibility of the Contractor's QSD in conjunction with the Contractor's QSP listed in the SWPPP. All Annual Report documentation shall be provided by the Contractor's QSD to the Municipal Projects Manager for the prior reporting year (July 1st through June 30th , as applicable). 2. Report all numeric effluent limit violations, numeric action level exceedances, or any other CGP violations to the Municipal Projects Manager no later than 24 hours after the violation is identified. 3. Contractor's QSD shall be responsible for amending the SWPPP as needed. The Contractor shall sign and date all amendments, attach them directly to the SWPPP, and submit copies of all amendments to the Municipal Projects Manager. K SWPPP I ev mp emen a 10n as s 1v tf T kbR es pons1 e "bl p erson SWPPP Item Responsible Person Notes NOT Preparation and Certification Contractor's QSD Submitted as part of Project Completion tasks NOT Submittal via SMARTS Agency/Municipal No later than 90 days after Projects Manager project completion Annual Report Preparation Contractor's QSD By July 15th for prior year period of July 1st through June 30th Annual Report Submittal via Agency/Municipal No later than September 1st SMARTS Projects Manager At least one copy of the final SWPPP shall be kept at the construction site and accessible to the Municipal Projects Manager. Contractor shall provide one electronic and one hardcopy of the SWPPP to the Municipal Projects Manager. Guidance on the preparation of the SWPPP is available in the "Construction Handbook (2009)" published by the California Storm Water Quality Association (CASQA) that can be downloaded from the CASQA web site at: http://www.cabmphandbooks.com The Contractor is responsible for payment of any fees to download the CASQA 2009 Construction Handbook. The Contractor shall make every effort to comply with the provisions of this subsection. However, should the Contractor violate any of the provisions of this subsection, or if pollution occurs in the work area for any reason, the Contractor shall immediately notify the Municipal Projects Manager. In addition the Contractor shall, within 24 hours, submit a written report to the Municipal Projects Manager describing the incident and corrective actions taken. If pollution, for whatever reason, is detected by the Municipal Projects Manager before notification by the Contractor, the required written report shall also include any explanation of why the Contractor had not notified the Municipal Projects Manager. ,, •+' Revised 6/15/17 Contract No. 4604/4605 Page 91 of 131 7-8.6.2 Storm Water Pollution Prevention Plan (SWPPP). The Contractor's QSD shall review the final SWPPP, and other permit registration documents, and address any questions or requests for information to the Municipal Projects Manager prior to any land disturbance activities by the Contractor. The Contractor's QSD shall amend and certify the SWPPP: • Whenever there is a change in construction or operations which may affect the discharge of pollutants to surface waters, groundwater(s), or a municipal separate storm sewer system (MS4 ); • If any conditions of the CGP is violated or the general objective of reducing or eliminating pollutants in storm water discharges has not been achieved. If the RWQCB determines that a permit violation has occurred, the SWPPP shall be amended and implemented within 14 calendar days after notification by the RWQCB; • Annually, prior to the defined rainy season, when required by the project's Special Provisions; and • When deemed necessary by the Contractor's QSD, or by the Municipal Projects Manager in consultation with the Contractor's QSD. The Contractor's QSD shall include the following information in each amendment, and deliver the amendment report and information in the format specified in the SW PPP to the Municipal Projects Manager for review and approval: • Who requested the amendment? • The location of the proposed change. • The reason for the change. • The original BMP proposed, if any. • The new BMP proposed. All amendments to the SWPPP shall be completed by the Contractor's QSD in a timely manner and provided to the Municipal Projects Manager within seven (7) calendar days. All amendments must be signed and dated by the Contractor's QSD and directly attached to the SWPPP once accepted by the Municipal Projects Manager. The SWPPP amendment log in the SWPPP shall be maintained by the Contractor's QSD. All Contractor implemented pollution control measures shall prevent the impounding of runoff, nuisance water, sediment movement, and debris movement from the construction site onto adjacent properties or from adjacent properties onto the construction site. If the Municipal Projects Manager determines that the Contractor's measures are not adequate, the Contractor shall provide whatever additional measures are required. The Contractor shall confirm that the SWPPP's erosion control plan or BMP exhibit properly implement all erosion and sediment control BMPs including locations for concrete washout, vehicle maintenance, staging, dispensing of fuel, and storage areas. The Contractor shall confirm pollutant control measures (BMPs) are implemented according to the SW PPP to confine construction waste in designated areas, including areas upland away from existing residences and storm drains or natural drainage courses, construction entrance ,, •+;' Revised 6/15/17 Contract No. 4604/4605 Page 92 of 131 stabilization and wheel-wash measures to reduce the tracking or deposition of sediment onto public and private roads. The Contractor's QSP shall implement the visual observations, inspections, and monitoring as described in the SWPPP and in accordance with the CGP. For the duration of the project, the Contractor shall submit, with each application for partial payment, the QSP's certification that all BMPs as identified within the SWPPP have been implemented and maintained in accordance with the GCP, inspection documentation that pollutant control measures were maintained, including detailed reports on daily routine work and special maintenance work that was performed, and a list of BMPs that were found to be inadequate and what corrective actions were taken. In general, the Contractor shall also: A. Provide a "standby emergency crew" that shall be alerted by the Contractor's QSP, Contractor's QSD, or Municipal Projects Manager to perform emergency repairs or replacement of inadequate, failing or damaged BMP or measures during rain events. B. The Contractor shall designate a QSP who is trained and competent in the use of BMPs and shall be on site daily to inspect the conditions of the site with respect to storm water pollution prevention. This person shall: 1) Implement the conditions of the CGP, SW PPP and required BMPs, contract documents and local ordinances with respect to erosion and sediment control and other waste management regulations. 2) Be responsible for monitoring the weather, implementation of any monitoring and reporting requirements and supervise the "standby emergency crew." 3) Evaluate the effectiveness of the BMPs and modify them as necessary or as directed by the Municipal Projects Manager to maintain the site in compliance. 4) Perform Daily BMP Site Inspections, and maintain a log of each inspection which shall be kept on-file within the SWPPP. A complete written checklist and digital photographs shall be completed for any noted BMP deficiencies and associated corrective actions. Implement necessary repairs or BMP revisions identified within 72 hours. 5) Perform BMP Site Inspections, document site conditions with a written inspection checklist and digital photographs before, during, and after each storm event. A full inspection of the BMPs shall be performed two (2) business days (48 hours) prior to a likely precipitation event (forecast of 50% or greater chance precipitation) and after a qualifying storm event (0.5 inches or greater in 48 hours) and once each twenty-four (24) hour period during extended storm events to identify BMP effectiveness. Document corrective actions required and implemented prior to forecast rain events. Implement necessary repairs or BMP revisions identified during rain event inspections as soon as they are safely feasible. 6) Keep available for review at the Worksite copies of documents incorporated in the SWPPP, including plans or permits required by local, state, or federal agencies. ,, • ., Revised 6/15/17 Contract No. 4604/4605 Page 93 of 131 7) Retain records/copies of: i. The Notice of Intent (NOi); ii. The SWPPP and all attachments and amendments; iii. Compliance certifications; iv. Notifications of a noncompliance; v. Training; vi. Daily and other visual inspection logs or forms; Incident such as spills or other releases, including photographs as available; vii. Sampling and analysis of discharges discovered through visual monitoring; viii. All required reports and BMPs such as good housekeeping that have been implemented. C. Educate all subcontractors and employees about storm water pollution and mitigation measures needed during various construction activities to prevent the impacts originating from construction discharges. The Contractor shall implement any Construction General Permit Monitoring and Reporting Requirements as may be required in the CGP. 7-8.6.3 Payment for Water Pollution Control. Payments are based on the engineer's estimates for SWPPP/erosion control services (Aviara: $9,549; Poinsettia: $37,560). Thirty percent (30%) will be paid upon completion of all work required to appoint a QSD and QSP, install all required construction phase BMPs, complete all required pre-construction SWPPP documentation and associated work to comply with the CGP. Fifty percent (50%) will be divided to be paid in progress payments. The remaining twenty percent (20%) will be retained and paid with the final SWPPP Close-out & NOT. 7-8.7 Drainage Control. The Contractor shall maintain drainage within and through the work areas. Earth dams will not be permitted in paved areas. Temporary dams of sandbags, asphaltic concrete, or other acceptable material will be permitted when necessary. Such dams shall be removed from the site as soon as their use is no longer necessary. 7-8.8 Noise Control. All internal combustion engines used in the construction shall be equipped with mufflers in good repair when in use on the project with special attention to the City Noise Control Ordinance, Carlsbad Municipal Code Chapter 8.48. 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS. Note: this section shall be supplemented with Technical Specifications Section including 01 56 39 -Temporary Tree and Plant Protection. The Contractor shall be responsible for the protection of public and private property adjacent to the Work and shall exercise due caution to avoid damage to such property. The Contractor shall repair or replace all existing improvements within the right-of-way which are not designated for removal (e.g., curbs, sidewalks, driveways, fences, walls, signs, utility installations, pavement, structures, etc.) which are damaged or removed as a result of its operations. When a portion of a sprinkler system within the right-of-way must be removed, the ,, •+;' Revised 6/15/17 Contract No. 4604/4605 Page 94 of 131 remaining lines shall be capped. Repairs and replacements shall be at least equal to existing improvements and shall match them in finish and dimension. Maintenance of street and traffic signal systems that are damaged, temporarily removed or relocated shall be done in conformance with 307-1.5. Trees, lawns, and shrubbery that are not to be removed shall be protected from damage or injury. If damaged or removed due to Contractor's operations, they shall be restored or replaced in as nearly the original condition and location as is reasonably possible. Lawns shall be reseeded and covered with suitable mulch. The Contractor shall give reasonable notice to occupants or owners of adjacent property to permit them to salvage or relocate plants, trees, fences, sprinklers, and other improvements, within the right-of-way which are designated for removal and would be destroyed because of the Work. All costs to the Contractor for protecting, removing, and restoring existing improvements shall be included in the Bid. 7-10 PUBLIC CONVENIENCE AND SAFETY. 7-10.1 Traffic and Access. The Contractor's operations shall cause no unnecessary inconvenience. The access rights of the public shall be considered at all times. Unless otherwise authorized, traffic shall be permitted to pass through the Work, or an approved detour shall be provided. Safe and adequate pedestrian and vehicular access shall be provided and maintained to: fire hydrants; commercial and industrial establishments; churches, schools and parking lots; service stations and motels; hospitals; police and fire stations; and establishments of similar nature. Access to these facilities shall be continuous and unobstructed unless otherwise approved by the Engineer. Safe and adequate pedestrian zones and public transportation stops, as well as pedestrian crossings of the Work at intervals not exceeding 90 m (300 feet), shall be maintained unless otherwise approved by the Engineer. Vehicular access to residential driveways shall be maintained to the property line except when necessary construction precludes such access for reasonable periods of time. If backfill has been completed to the extent that safe access may be provided, and the street is opened to local traffic, the Contractor shall immediately clear the street and driveways and provide and maintain access. The Contractor shall cooperate with the various parties involved in the delivery of mail and the collection and removal of trash and garbage to maintain existing schedules for these services. The Contractor shall schedule the work so as to prevent damage by all traffic, including but not limited to mail delivery. The Contractor shall not schedule work so as to conflict with trash pickup. The trash hauling schedule can be obtained by calling the City's contracted waste disposal company, Coast Waste Management at 929-9417. 7-10.1 Park Access. The park will remain open to the public during the construction for this project. All equipment and tools shall not be a nuisance or hazard to the general public and contractor shall provide temporary fencing around the area to protect the site from other ongoing ,, •ti' Revised 6/15/17 Contract No. 4604/4605 Page 95 of 131 park operations and to ensure the safety and protection of the public. Contractor shall keep the work site picked up and free of litter, tools, equipment and all other construction related materials. Contractor will only be allowed to stock pile materials on site in fenced designated staging areas as directed by the city engineering inspector. City will not be responsible for materials or equipment contractor stockpiles or leaves at the site unattended. Equipment left on the property overnight and unattended shall be the sole responsibility of the contractor. 7-10.2 Storage of Equipment and Materials in Public Streets. Construction materials shall not be stored in streets, roads, or highways. A suitable location inside the construction zone will be determined at the pre-construction conference. Construction equipment shall not be stored at the Work site before its actual use on the Work nor for more than 10 days after it is no longer needed. Time necessary for repair or assembly of equipment may be authorized by the Engineer. Excavated material, except that which is to be used as backfill in the adjacent trench, shall not be stored in public streets. After placing backfill, all excess material shall be removed immediately from the site. 7-10.3 Street Closures, Detours, Barricades. The Contractor shall comply with all applicable State, County, and City requirements for closure of streets. The Contractor shall provide barriers, guards, lights, signs, temporary bridges, flagpersons, and watchpersons. The Contractor shall be responsible for compliance with additional public safety requirements which may arise. The Contractor shall furnish and install signs and warning devices and promptly remove them upon completion of the Work. After obtaining the Engineers approval and at least 5 working days before closing, detouring, partially closing or reopening any street, alley or other public thoroughfare the Contractor shall notify the following: 1) The Engineer ................................................................................. . 2) Carlsbad Fire Department Dispatch .............................................. . 3) Carlsbad Police Department Dispatch ........................................... . 4) Carlsbad Traffic Signals Maintenance ........................................... . 5) Carlsbad Traffic Signals Operations .............................................. . 6) North County Transit District.. ........................................................ . 7) Waste Management ...................................................................... . (760) 602-7539 (858) 756-3006 (760) 931-2197 (760) 438-2980 (760) 602-2730 (760) 966-6536 (760) 929-9400 The Contractor shall comply with their requirements. The Contractor shall obtain the Engineer's written approval prior to deviating from the requirements of 2) through, and including, 7) above. The Contractor shall obtain the written approval no less than five working days prior to placing any traffic control that affects bus stops. All costs involved shall be included in the Bid. Traffic controls shall be in accordance with the plans, The California Manual on Uniform Traffic Control Devices (FHWA MUTCD 2003 Revision 1, as amended for use in California) and these provisions. If any component in the traffic control system is damaged, displaced, or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair said component to its original condition or replace said component and shall restore the component to its original location. In the event that the Contractor fails to install and/or maintain barricades or such other traffic signs, markings, delineation or devices as may be required herein, the Engineer may, at his/her sole option, install the traffic signs, markings, r. •,;' Revised 6/15/17 Contract No. 4604/4605 Page 96 of 131 delineation or devices and charge the Contractor twenty dollars ($25.00) per day per traffic sign or device, or the actual cost of providing such traffic control facility, whichever is the greater. 7-10.3.1 Construction Area Signs and Control Devices. All construction traffic signs and control devices shall be maintained throughout the duration of work in good order and according to the approved traffic control plan. All construction area signs shall conform to the provisions of Section 206-7.2 et seq. All temporary reflective pavement markers shall conform to the provisions of Section 214-5.1.et seq. All temporary reflective channelizers shall conform to the provisions of Section 214-5.2 et seq. All paint for temporary traffic striping, pavement marking, and curb marking shall conform to the provisions of Section 210-1.6 et seq. except that all temporary paint shall be rapid dry water borne conforming to Section 210-1.6 for materials and Section 310-5 et seq. for workmanship. Warning and advisory signs, lights and devices installed or placed to provide traffic control, direction and/or warning shall be furnished, installed and maintained by the Contractor. Warning and advisory signs, lights and devices shall be promptly removed by the Contractor when no longer required. Warning and advisory signs that remain in place overnight shall be stationary mounted signs. Stationary signs that warn of non-existent conditions shall be removed from the traveled way and from the view of motorists in the traveled way or shielded from the view of the traveling public during such periods that their message does not pertain to existing conditions. Care shall be used in performing excavation for signs in order to protect underground facilities. All excavation required to install stationary construction area signs shall be performed by hand methods without the use of power equipment. Warning and advisory signs that are used only during working hours may be portable signs. Portable signs shall be removed from the traveled way and shielded from the view of the traveling public during non-working hours. During the hours of darkness, as defined in Division 1, Section 280, of the California Vehicle Code, portable signs shall be illuminated or, at the option of the Contractor, shall be in conformance with the provisions in Section 206-7.2 et seq. If illuminated traffic cones rather than post-type delineators are used during the hours of darkness, they shall be affixed or covered with reflective cone sleeves as specified in CALTRANS "Standard Specifications", except the sleeves shall be 7" long. Personal vehicles of the Contractor's employees shall not be parked within the traveled way, including any Section closed to public traffic. Whenever the Contractor's vehicles or equipment are parked on the shoulder within 6' of a traffic lane, the shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taper in advance of the parked vehicles or equipment and along the edge of the pavement at not less than 25' intervals to a point not less than 25' past the last vehicle or piece of equipment. A minimum of nine (9) cones or portable delineators shall be used for the taper. A W20-1 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted, as required herein, on a signpost or telescoping flag tree with flags. The signpost or flag tree shall be placed where directed by the Engineer. 7-10.3.2 Maintaining Traffic. The Contractor's personnel shall not work closer than 6-feet, nor operate equipment within 2-feet from any traffic lane occupied by traffic. For equipment the minimum acceptable shy distance, 2-feet shall be measured from the closest approach of any part of the equipment as it is operated and/or maneuvered in performing the work. This requirement may be waived when the Engineer has given written authorization to the reduction in clearance that is specific to the time, duration and location of such waiver, when such reduction is shown on the traffic control plans included in these contract documents, when such reduction is shown on the traffic control plans prepared by the Contractor and approved by the Engineer or for the work of installing, maintaining and removing traffic control devices. As a condition of such waiver the Engineer may require the Contractor to detour traffic, adjust the width of, or realign the adjacent traffic lane, close the adjacent traffic lane or provide barriers. ,, •+;' Revised 6/15/17 Contract No. 4604/4605 Page 97 of 131 During the entire construction, a minimum of one paved traffic lane, not less than 12-feet wide, shall be open for use by public traffic in each direction of travel. 7-10.4 Safety. 7-10.4.1 Safety Orders. The Contractor shall have at the Work site, copies or suitable extracts of: Construction Safety Orders, Tunnel Safety Orders and General Industry Safety Orders issued by the State Division of Industrial Safety. The Contractor shall comply with provisions of these and all other applicable laws, ordinances, and regulations. Before excavating any trench 5 feet or more in depth, the Contractor shall submit a detailed plan to the Agency showing the design of shoring, bracing, sloping, or other provisions to be made for the workers' protection from the hazard of caving ground during the excavation of such trench. If the plan varies from the shoring system standards, the plan shall be prepared by a registered Civil Engineer. No excavation shall start until the Engineer has accepted the plan and the Contractor has obtained a permit from the State Division of Industrial Safety. A copy of the permit shall be submitted to the Engineer. Payment for performing all work necessary to provide safety measures shall be included in the prices bid for other items of work except where separate bid items for excavation safety are provided, or required by law. 7-10.4.3 Special Hazardous Substances and Processes. Materials that contain hazardous substances or mixtures may be required on the Work. A Material Safety Data Sheet as described in Section 5194 of the California Code of Regulations shall be requested by the Contractor from the manufacturer of any hazardous products used. Material usage shall be accomplished with strict adherence to California Division of Industrial Safety requirements and all manufacturer warnings and application instructions listed on the Material Safety Data Sheet and on the product container label. The Contractor shall notify the Engineer if a specified product cannot be used under safe conditions. 7-10.4.4 Confined Spaces. (a) Confined Space Entry Program. The Contractor shall be responsible for implementing, administering and maintaining a confined space entry program (CSEP) in accordance with Sections 5156, 5157 and 5158, Title 8, CCR. Prior to starting the Work, the Contractor shall prepare and submit its comprehensive CSEP to the Engineer. The CSEP shall address all potential physical and environmental hazards and contain procedures for safe entry into confined spaces, including, but not limited to the following: 1. Training of personnel 2. Purging and cleaning the space of materials and residue 3. Potential isolation and control of energy and material inflow 4. Controlled access to the space 5. Atmospheric testing of the space 6. Ventilation of the space 7. Special hazards consideration ,, • ., Revised 6/15/17 Contract No. 4604/4605 Page 98 of 131 8. Personal protective equipment 9. Rescue plan provisions The Contractor's submittal shall include the names of its personnel, including subcontractor personnel, assigned to the project who will have CSEP responsibilities, their CSEP training, and their specific assignment and responsibility in carrying out the CSEP. (b) Permit-Required Confined Spaces. Entry into permit-required confined spaces as defined in Section 5157, Title 8, CCR may be required as a part of the Work. All manholes, tanks, vaults, pipelines, excavations, or other enclosed or partially enclosed spaces shall be considered permit- required confined spaces until the pre-entry procedures demonstrate otherwise. The Contractor shall implement a permit space program prior to performing any work in a permit-required confined space. A copy of the permit shall be available at all times for review by Contractor and Agency personnel at the Work site. (c) Payment. Payment for implementing, administering, and providing all equipment and personnel to perform the CSEP shall be included in the bid items for which the CSEP is required. 7-10.4.5 Safety and Protection of Workers and Public. The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the work is being performed. The Contractor shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and public, and shall use danger signs warning against hazards created by such features of construction as protruding nails, hoists, well holes, and falling materials. 7-11 PATENT FEES OR 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 infringement of patents. 7-12 ADVERTISING. The names, addresses and specialties of Contractors, Subcontractors, architects, or engineers may be displayed on removable signs. The size and location shall be subject to the Engineer's approval. Commercial advertising matter shall not be attached to or painted on the surfaces of buildings, fences, canopies, or barricades. 7-13 LAWS TO BE OBSERVED. The Contractor shall keep fully informed of State and National laws and County and Municipal ordinances and regulations which in any manner affect those employed in the Work or the materials used in the Work or in any way affect the conduct of the Work. The Contractor shall at all times observe and comply with such laws, ordinances, and regulations. Municipal ordinances that affect this work include Chapter 11.06. Excavation and Grading. If this notice specifies locations or possible materials, such as borrow pits or gravel beds, for use in the proposed construction project which would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the conditions established pursuant to Section 1601 et seq. of the Fish and Game Code shall become conditions of the contract. ,, •;, Revised 6/15/17 Contract No. 4604/4605 Page 99 of 131 7-14 ANTITRUST CLAIMS. Section 7103.5 of the Public Contract Code provides: "In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec 15) or Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or subcontract. The assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment of the parties." ,, •+' Revised 6/15/17 Contract No. 4604/4605 Page 100 of 131 SECTION 8 -FACILITIES FOR AGENCY PERSONNEL 8-1 GENERAL. All facilities provided for Agency personnel shall be at suitable locations approved by the Engineer. Such facilities must be in a room, building, or trailer provided for this purpose with acceptable means for locking. A Class "A" Field Office in accordance with Section 8-2.1 shall be provided. All facilities shall conform to the applicable codes, ordinances, and regulations of the local jurisdiction and of the State of California, and shall conform to current practice. The interior shall be paneled or suitably lined to provide a facility of good appearance. The Contractor shall provide janitorial and other maintenance services in all types of facilities provided. Such services shall include the supply of the appropriate paper products and dispensers. Trash receptacles shall be provided and emptied by the Contractor at weekly intervals or sooner as required. The trash shall be removed from the project site. All costs to furnish, maintain, service, and remove the specified facilities at the project site shall be included in the price bid for such facilities. If no bid item is provided in the proposal, costs shall be included in other items for which bids are entered. The first progress payment will not be approved until all facilities are in place and fully comply with the Specifications. 8-2 FIELD OFFICE FACILITIES. 8-2.1 Class "A" Field Office. Contractor shall furnish the Engineer one "Class A" Field Office located at Poinsettia Park for management of both projects. The field office shall be for the exclusive use of the Engineer and such other individuals that the Engineer may designate. The field office shall be a separate structure from any other office facility and will not be transported between project sites. The Contractor shall maintain the field office throughout the entire duration of the contract unless the Engineer shall otherwise direct. This office shall have a minimum floor space of 600 ft2. All doors and windows shall be provided with screens, window blinds and security bars. Furniture shall be provided as follows: one plan table, one eight foot long conference table and chairs with seating for 10, one standard 5 feet long double-pedestal desk with a drawer suitable for holding files, two chairs, one drafting stool, and one plan rack. Electric power shall be provided to include a minimum of four duplex convenience outlets. The office shall be illuminated at the tables and desk. An outdoor lighting fixture with a 300-watt bulb or equivalent shall be installed at each entry door. Heating and air conditioning of sufficient capacity shall be provided at no expense to the Agency. The Contractor shall provide drinking water within the office. Additionally the "Class A" Field Office shall be provided with: one (1) additional standard 5' double pedestal desk with two chairs, one (1) multi-function device and supplies; multi-function device shall be one Ricoh 2503 with print/scan/fax/copy capabilities including fax line out, or equal, one (1) mini- refrigerator, one (1) microwave oven, and two (2) additional plan racks shall be provided. Water cooler to have hot and chilled water. A chemical toilet facility shall be provided adjacent to the office. Furnishings are subject to agency approval. The field office shall be located at a site satisfactory to ,, •+;' Revised 6/15/17 Contract No. 4604/4605 Page 101 of 131 the Engineer and within or immediately adjacent to the limits of work. Access and three parking spaces for the exclusive use of the Engineer and his/her designees that are convenient and satisfactory to the Engineer shall be provided by the Contractor. The field office shall have a 24" by 36" sign affixed near the entry door. The sign text shall be proportioned as shown below. The Contractor shall affix a City seal to the sign in a centered location. The City seal will be supplied by the Engineer. CITY OF CARLSBAD CONSTRUCTION MANAGEMENT & INSPECTION 8-3 REMOVAL OF FACILITIES. Field offices, laboratories, and bathhouse facilities at the project site shall be removed upon completion of the Work. Project site shall be returned to original working condition at the approval of the Engineer. Buildings and equipment furnished by the Contractor at the project site under the provisions of this section are the property of the Contractor. 8-4 BASIS OF PAYMENT. All costs incurred in furnishing, maintaining, servicing, and removing field office(s) required at the project site shall be included in the bid item for furnishing such facilities. {'\ • .., Revised 6/15/17 Contract No. 4604/4605 Page 102 of 131 SECTION 9 -MEASUREMENT AND PAYMENT 9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK. 9-1.1 General. Unless otherwise specified, quantities of work shall be determined from measurements or dimensions in horizontal planes. However, linear quantities of pipe, piling, fencing and timber shall be considered as being the true length measured along longitudinal axis. Unless otherwise provided in Specifications, volumetric quantities shall be the product of the mean area of vertical or horizontal sections and the intervening horizontal or vertical dimension. The planimeter shall be considered an instrument of precision adapted to measurement of all areas. 9-1.2 Methods of Measurement. Materials and items of work which are to be paid for on basis of measurement shall be measured in accordance with methods stipulated in the particular sections involved. 9-1.3 Certified Weights. When payment is to be made on the basis of weight, the weighing shall be done on certified platform scales or, when approved by the Engineer, on a completely automated weighing and recording system. The Contractor shall furnish the Engineer with duplicate licensed weighmaster's certificates showing actual net weights. The Agency will accept the certificates as evidence of weights delivered. 9-1.4 Units of Measurement. The system of measure for this contract shall be the U.S. Standard Measures. 9-2 LUMP SUM WORK. Items for which quantities are indicated "Lump Sum", "L.S.", or "Job", shall be paid for at the price indicated in the Bid. Such payment shall be full compensation for the items of work and all work appurtenant thereto. The Contractor shall submit to the Engineer within 15 days after award of Contract, a detailed Schedule of Values via ProCore, to be used only as a basis for determining progress payments on a lump sum contract or designated lump sum bid items. This Schedule of Values shall equal the lump sum bid and shall be in such form and sufficiently detailed as to satisfy the Engineer that it correctly represents a reasonable apportionment of the lump sum. 9-3 PAYMENT 9-3.1 General. The quantities listed in the Bid schedule will not govern final payment. Payment to the Contractor will be made only for actual quantities of Contract items constructed in accordance with the Plans and Specifications. Upon completion of construction, if the actual quantities show either an increase or decrease from the quantities given in the Bid schedule, the Contract Unit Prices will prevail subject to the provisions of Section 3-2.2.1. The unit and lump sum prices to be paid shall be full compensation for the items of work and all appurtenant work, including furnishing all materials, labor, equipment, tools, and incidentals. Payment will not be made for materials wasted or disposed of in a manner not called for under the Contract. This includes rejected material not unloaded from vehicles, material rejected after it has been placed, and material placed outside of the Plan lines. No compensation will be allowed for disposing of rejected or excess material. l' • ., Revised 6/15/17 Contract No. 4604/4605 Page 103 of 131 Payment for work performed or materials furnished under an Assessment Act Contract will be made as provided in particular proceedings or legislative act under which such contract was awarded. Whenever any portion of the Work is performed by the Agency at the Contractor's request, the cost thereof shall be charged against the Contractor, and may be deducted from any amount due or becoming due from the Agency. Whenever immediate action is required to prevent injury, death, or property damage, and precautions which are the Contractor's responsibility have not been taken and are not reasonably expected to be taken, the Agency may, after reasonable attempt to notify the Contractor, cause such precautions to be taken and shall charge the cost thereof against the Contractor, or may deduct such cost from any amount due or becoming due from the Agency. Agency action or inaction under such circumstances shall not be construed as relieving the Contractor or its Surety from liability. Payment shall not relieve the Contractor from its obligations under the Contract; nor shall such payment be construed to be acceptance of any of the Work. Payment shall not be construed as the transfer of ownership of any equipment or materials to the Agency. Responsibility of ownership shall remain with the Contractor who shall be obligated to store any fully or partially completed work or structure for which payment has been made; or replace any materials or equipment required to be provided under the Contract which may be damaged, lost, stolen or otherwise degraded in any way prior to acceptance of the Work, except as provided in Section 6- 10. Guarantee periods shall not be affected by any payment but shall commence on the date of recordation of the "Notice of Completion." If, within the time fixed by law, a properly executed notice to stop payment is filed with the Agency, due to the Contractor's failure to pay for labor or materials used in the Work, all money due for such labor or materials will be withheld from payment to the Contractor in accordance with applicable laws. At the expiration of 35 days from the date of acceptance of the Work by the Board, or as prescribed by law, the amount deducted from the final estimate and retained by the Agency will be paid to the Contractor except such amounts as are required by law to be withheld by properly executed and filed notices to stop payment, or as may be authorized by the Contract to be further retained. 9-3.2 Partial and Final Payment. The Engineer will, after award of Contract, establish a closure date for the purpose of making monthly progress payments. The Contractor may request in writing that such monthly closure date be changed. The Engineer may approve such request when it is compatible with the Agency's payment procedure. Each month, the Engineer will make an approximate measurement of the work performed to the closure date as basis for making monthly progress payments. The estimated value will be based completed work and completed change order work and as provided for in Section 9-2 of these General Provisions. Progress payments shall be made no later than thirty (30) calendar days after the closure date. Five (5) working days following the closure date, the Engineer shall complete the detailed progress pay estimate and submit it to the Contractor for the Contractor's information. Should the Contractor assert that additional payment is due, the Contractor shall within ten (10) days of receipt of the progress estimate, submit a supplemental payment request to the Engineer with adequate justification supporting the amount of supplemental payment request. Upon receipt ,, •,; Revised 6/15/17 Contract No. 4604/4605 Page 104 of 131 of the supplemental payment request, the Engineer shall, as soon as practicable after receipt, determine whether the supplemental payment request is a proper payment request. If the Engineer determines that the supplemental payment request is not proper, then the request shall be returned to the Contractor as soon as practicable, but not later than seven (7) days after receipt. The returned request shall be accompanied by a document setting forth in writing the reasons why the supplemental payment request was not proper. In conformance with Public Contract Code Section 20104.50, the City shall make payments within thirty (30) days after receipt of an undisputed and properly submitted supplemental payment request from the Contractor. If payment of the undisputed supplemental payment request is not made within thirty (30) days after receipt by the Engineer, then the City shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure. From each progress estimate, 10 percent will be deducted and retained by the Agency, and the remainder less the amount of all previous payments will be paid. After 50 percent of the Work has been completed and if progress on the Work is satisfactory, the deduction to be made from remaining progress estimates and from the final estimate may be limited to $500 or 10 percent of the first half of total Contract amount, whichever is greater. No progress payment made to the Contractor or its sureties will constitute a waiver of the liquidated damages under 6-9. As provided in Section 22300 of the California Public Contract Code, the Contractor may substitute securities for any monies withheld by the Agency to ensure performance under the Contract. After final inspection, the Engineer will make a Final Payment Estimate and process a corresponding payment. This estimate will be in writing and shall be for the total amount owed the Contractor as determined by the Engineer and shall be itemized by the contract bid item and change order item with quantities and payment amounts and shall show all deductions made or to be made for prior payments and amounts to be deducted under provisions of the contract. All prior estimates and progress payments shall be subject to correction in the Final Payment Estimate. The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make written statement disputing any bid item or change order item quantity or payment amount. The Contractor shall provide all documentation at the time of submitting the statement supporting its position. Should the Contractor fail to submit the statement and supporting documentation within the time specified, the Contractor acknowledges that full and final payment has been made for all contract bid items and change order items. If the Contractor submits a written statement with documentation in the aforementioned time, the Engineer will review the disputed item within 30 calendar days and make any appropriate adjustments on the Final Payment. Remaining disputed quantities or amounts not approved by the Engineer will be subject to resolution as specified in Section 3-5, Disputed Work. The written statement filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said disputed items. The Engineer will consider the merits of the Contractor's claims. It will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying payment for the disputed items. ,, • ., Revised 6/15/17 Contract No. 4604/4605 Page 105 of 131 9-3.2.1 Payment for Claims. Except for those final payment items disputed in the written statement required in Section 9-3.2 all claims of any dollar amount shall be submitted in a written statement by the Contractor no later than the date of receipt of the final payment estimate. Those final payment items disputed in the written statement required in Section 9-3.2 shall be submitted no later than 30 days after receipt of the Final Payment estimate. No claim will be considered that was not included in this written statement, nor will any claim be allowed for which written notice or protest is required under any provision of this contract including Sections 3-4 Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has complied with notice or protest requirements. The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said claims. The Engineer will consider and determine the Contractor's claims and it will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying the claims. Payment for claims shall be processed within 30 calendar days of their resolution for those claims approved by the Engineer. The Contractor shall proceed with informal dispute resolution under Section 3-5, Disputed Work, for those claims remaining in dispute. 9-3.3 Delivered Materials. When provided for in the Technical Specifications, and subject to the limitation and conditions therein, the cost of materials and equipment delivered but not incorporated into the Work will be included in the progress estimate. 9-3.3.1 Delivered Materials. The cost of materials and equipment delivered but not incorporated into the work will not be included in the progress estimate. 9-4 BID ITEMS. Payment for each Bid Item shall be made at the quantity and type as listed in the Contractor's Proposal. All work shown or mentioned in the Contract Documents, General Provisions, or Technical Provisions/Specifications shall be considered as included in the Bid Items. Contractor must protect existing utilities, traffic loops, improvements, landscaping, irrigation systems, and vegetation in place. If damaged during the work, Contractor is responsible to repair or replace any utilities, improvements, landscaping, irrigation systems, and vegetation at their expense. Bid Schedule A -Aviara Community Park-Phase II Construction Project Bid Item No. A-1: General Conditions The contract lump sum price for this bid item shall constitute full compensation for the costs of all pre-and post-construction preparatory work and operations which must be performed or for costs incurred prior to commencing/concluding work on the various contract items on the project site and no other compensation will be allowed therefor. This item shall include but not be limited to the following items: mobilization/demobilization and lay-down area; obtaining and paying for all required bonds, insurance policies (including premiums and incidentals), and permits if applicable; submittal of required materials and shop drawings, baseline construction schedule(s) and 3-week look ahead schedule; establishment of all offices, buildings, construction yards, fencing, sanitary facilities, and any other facilities necessary for work at all project sites; utility services for construction facilities; posting all OSHA required notices and establishment of safety programs; ,, •+;' Revised 6/15/17 Contract No. 4604/4605 Page 106 of 131 the movement of personnel, equipment, supplies, and incidentals to all project sites; developing and installing construction water supply; notification of residents and businesses; and all utility coordination and mark out; and shall include all labor, materials, tools, equipment, and incidentals in accordance with the latest regulatory requirements, the plans, and contract documents and no other compensation will be allowed therefor. No additional compensation will be allowed for additional mobilization(s)/demobilizations(s) required, including but not limited to delays caused by the relocation of existing utility facilities shown on the plans or discovered during construction operations. The deletion of work or the addition of extra work as provided for herein shall be reflected in Contract Change Orders, and shall not affect the price paid for "General Conditions." Bid Item No. A-2: Traffic Control The contract lump sum price paid for this bid item shall constitute full compensation to furnish traffic control in accordance with the latest regulatory requirements, the plans, and contract documents. This work shall include, but not be limited to designing, completion and implementation of traffic control plans, obtaining the necessary permits per latest regulations, installation and maintenance of the traffic control equipment throughout the duration of all work affecting traffic and no other compensation will be allowed therefor. Bid Item No. A-3 Survey: (including horizontal control plan) The contract lump sum price paid for this bid item shall constitute full compensation to furnish all labor, materials, tools, equipment, incidentals, and for doing all site survey and staking work associated with the project and developing a horizontal control plan in accordance with the latest regulatory requirements, the plans, and contract documents and no other compensation will be allowed therefor. Bid Item No. A-4: Erosion Control/SWPPP The contract lump sum price paid for the Erosion Control/SWPPP work shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all the work involved in implementing, preparing, obtaining approvals, revising and amending the SWPPP, and installing, constructing, maintaining, removing and disposing of BMPs as shown in the SWPPP, and as directed by the Engineer, and no additional payment will be made therefor. Payment for implementation, maintaining and monitoring of the SWPPP shall be included in the lump sum price bid; payment will be made on a basis of the percentage of work completed on the entire project. The lump sum bid price shall include payment of application and annual fees required by the SDRWCB until the date of the projects' substantial completion and no additional compensation shall be allowed therefor. Bid Item No. A-5: Demolition The contract lump sum price shall include full compensation for furnishing all labor, materials, tools, equipment, incidentals, and for doing all work associated with demolition activities including but not limited to removing and disposing of all asphalt, chain link fence, concrete, turf, landscaping, existing improvements and other materials in accordance with the plans and contract documents, and no other compensation will be allowed therefor. Bid Item No. A-6: Grading, Drainage & Utilities The contract lump sum price shall include full compensation for furnishing all labor, materials, tools, equipment, incidentals, and for doing all work associated with site grading, and installation ,, • .., Revised 6/15/17 Contract No. 4604/4605 Page 107 of 131 of drainage and utilities including, but not limited to export to Poinsettia Community Park -Phase Ill Construction Project (CIP No. 4605), impermeable liner, water lines, valves, valve boxes, backflow preventer, water P.O.C., sanitary sewer pipe, sewer cleanout, sewer P.O.C., quick couplers, high pressure gas lines, trenching, gas valve & connection, SDG&E coordination and any SDG&E fees, atrium drains, precast catch basins, perforated PVC subdrain, PVC storm drain pipe, and other materials in accordance with the plans and contract documents, and no other compensation will be allowed therefor. Bid Item No. A-7: Hardscape Construction The contract lump sum price shall include full compensation for furnishing all labor, materials, tools, equipment, incidentals, and for doing all work associated with construction and installation of all curbs, bollards, all asphalt paving, all concrete paving, ADA truncated dome pavers, decomposed granite, wheel stops, striping, fencing, and other materials in accordance with the plans and contract documents, and no other compensation will be allowed therefor. Bid Item No. A-8: Site Amenities The contract lump sum price shall include full compensation for furnishing all labor, materials, tools, equipment, incidentals, and for doing all work associated with the installation of all site amenities including, but not limited to picnic tables, benches, trash and recycling receptacles, barbeques, prep tables, bike racks, signs, drinking fountain (including leach line and water connection) and other materials in accordance with the plans and contract documents, and no other compensation will be allowed therefor. Bid Item No. A-9: Electrical Improvements The contract lump sum price shall include full compensation for furnishing all labor, materials, tools, equipment, incidentals, and for doing all work associated with construction and installation of all electrical improvements, including, but not limited to all SDG&E coordination activities, service conduit and associated SDG&E fees; telephone service conduit and fees; branch circuiting; electrical vehicle charging station; device pedestal; spare conduit; lighting fixtures; lighting control cables; and other materials in accordance with the plans and contract documents, and no other compensation will be allowed therefor. Bid Item No. A-10: Structures The contract lump sum price shall include full compensation for furnishing all labor, materials, tools, equipment, incidentals, and for doing all work associated with construction and installation of all structures including the community building, canopy, fireplace, auxiliary shade structures and signature shade structures in accordance with the plans and contract documents, and no other compensation will be allowed therefor. Bid Item No. A-11: Irrigation The contract lump sum price shall include full compensation for furnishing all labor, materials, tools, equipment, incidentals, and for doing all work associated with construction and installation of the irrigation system in accordance with the plans and contract documents, and no other compensation will be allowed therefor. Bid Item No. A-12: Planting The contract lump sum price shall include full compensation for furnishing all labor, materials, tools, equipment, incidentals, and for doing all work associated with the installation of all plant materials, including soil preparation, fine grading, mulch, root barriers, all work associated with the 90-day landscape maintenance period; and any other materials in accordance with the plans and contract documents, and no other compensation will be allowed therefor. ,, •+;' Revised 6/15/17 Contract No. 4604/4605 Page 108 of 131 Bid Item No. A-13: Record Drawings The contract lump sum price paid for this bid item shall constitute full compensation to keep on the job site and maintain daily, a clean, accurate, full-size and legible print set of Project plans that indicate all changes in work, modifications and existing conditions that are different from what is shown on the Plans. The Contractor shall record the location and elevations of all surface improvements in the City of Carlsbad. The survey shots shall be provided to the satisfaction of the Engineer, so minimum slopes can be verified. The Contractor shall record, by dimension and I or scale drawings, facilities as actually installed. All information necessary to maintain and / or service any concealed work shall be noted on the record drawings. Records shall be kept up to date. The Contractor shall make the Record Drawings available for review by the Engineer at any time and shall provide a clean final copy to the City within two weeks of the contract completion date. Bid Schedule B -Poinsettia Community Park-Phase Ill Construction Project Bid Item No. B-1: General Conditions The contract lump sum price for this bid item shall constitute full compensation for the costs of all pre-and post construction preparatory work and operations which must be performed or for costs incurred prior to commencing/concluding work on the various contract items on the project site and no other compensation will be allowed therefor. This item shall include but not be limited to the following items: mobilization/demobilization and lay-down area; obtaining and paying for all required bonds, insurance policies (including premiums and incidentals), and permits if applicable; submittal of required materials and shop drawings, baseline construction schedule(s) and 3-week look ahead schedule; establishment of all offices, buildings, construction yards, fencing, sanitary facilities, and any other facilities necessary for work at all project sites; utility services for construction facilities; posting all OSHA required notices and establishment of safety programs; the movement of personnel, equipment, supplies, and incidentals to all project sites; developing and installing construction water supply; notification of residents and businesses; and all utility coordination and mark out; and shall include all labor, materials, tools, equipment, and incidentals in accordance with the latest regulatory requirements, the plans, and contract documents and no other compensation will be allowed therefor. No additional compensation will be allowed for additional mobilization(s)/demobilizations(s) required, including but not limited to delays caused by the relocation of existing utility facilities shown on the plans or discovered during construction operations. The deletion of work or the addition of extra work as provided for herein shall be reflected in Contract Change Orders, and shall not affect the price paid for "General Conditions." Bid Item No. B-2: Traffic Control The contract lump sum price paid for this bid item shall constitute full compensation to furnish traffic control in accordance with the latest regulatory requirements, the plans, and contract documents. This work shall include, but not be limited to designing, completion and implementation of traffic control plans, obtaining the necessary permits per latest regulations, installation and maintenance of the traffic control equipment throughout the duration of all Work affecting traffic and no other compensation will be allowed therefor. ,, •+;' Revised 6/15/17 Contract No. 4604/4605 Page 109 of 131 Bid Item No. 8-3 Survey: (including horizontal control plan) The contract lump sum price paid for this bid item shall constitute full compensation to furnish all labor, materials, tools, equipment, incidentals, and for doing all site survey and staking work associated with the project and developing a horizontal control plan in accordance with the latest regulatory requirements, the plans, and contract documents and no other compensation will be allowed therefor. Bid Item No. 8-4: Erosion Control/SWPPP The contract lump sum price paid for the Erosion Control/SWPPP work shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all the work involved in implementing, preparing, obtaining approvals, revising and amending the SWPPP, and installing, constructing, maintaining, removing and disposing of BMPs as shown in the SWPPP, and as directed by the Engineer, and no additional payment will be made therefor. Payment for implementation, maintaining and monitoring of the SWPPP shall be included in the lump sum price bid; payment will be made on a basis of the percentage of work completed on the entire project. The lump sum bid price shall include payment of application and annual fees required by the SDRWCB until the date of the projects' substantial completion and no additional compensation shall be allowed therefore. Bid Item No. 8-5: Demolition The contract lump sum price shall include full compensation for furnishing all labor, materials, tools, equipment, incidentals, and for doing all work associated with demolition activities including but not limited to removing and disposing of all asphalt, chain link fence, concrete, turf, landscaping, existing improvements and other materials in accordance with the plans and contract documents, and no other compensation will be allowed therefor. Bid Item No. 8-6: Grading, Drainage & Utilities The contract lump sum price shall include full compensation for furnishing all labor, materials, tools, equipment, incidentals, and for doing all work associated with site grading and installation of drainage and utilities including, but not limited to import, precast catch basins, sewer cleanouts, cut off wall, area drains, quick couplers, water lines, backflow preventer, removal of storm drain riser, storm drain cleanout, PVC storm drain pipe, perforated storm drain pipe, retaining curbs, pipe collars, and other materials in accordance with the plans and contract documents, and no other compensation will be allowed therefor. Bid Item No. 8-7: Hardscape Construction The contract lump sum price shall include full compensation for furnishing all labor, materials, tools, equipment, incidentals, and for doing all work associated with construction and installation of all curbs, all concrete paving concrete stairs, retaining walls, seat walls, cobble, boulders, tubular steel guardrail, handrails, biofiltration basins, cistern basin and other materials in accordance with the plans and contract documents, and no other compensation will be allowed therefor. Bid Item No. 8-8: Playground Area The contract lump sum price shall include full compensation for furnishing all labor, materials, tools, equipment, incidentals, and for doing all work associated with construction and installation of all play structures, rubberized resilient play surfacing, synthetic turf mounds, shade canopies, and other materials in accordance with the plans and contract documents, and no other compensation will be allowed therefor. {'\ • ., Revised 6/15/17 Contract No. 4604/4605 Page 110 of 131 Bid Item No. B-9: Multi-Sport Arena The contract lump sum price shall include full compensation for furnishing all labor, materials, tools, equipment, incidentals, and for doing all work associated with construction and installation of the multi-sport arena including, but not limited to dasher boards, netting, synthetic turf, metal roof, scoreboard, bleachers and shade structure in accordance with the plans and contract documents, and no other compensation will be allowed therefor. Bid Item No. B-10: Pickleball Courts The contract lump sum price shall include full compensation for furnishing all labor, materials, tools, equipment, incidentals, and for doing all work associated with construction and installation of the pickleball courts including, but not limited to post tension concrete; plexipave court surfacing and striping; vinyl chainlink fence and gates; acousitfence; pickleball posts and nets; sun shelters; bleachers and other materials in accordance with the plans and contract documents, and no other compensation will be allowed therefor. Bid Item No. B-11: Site Amenities The contract lump sum price shall include full compensation for furnishing all labor, materials, tools, equipment, incidentals, and for doing all work associated with the installation of all site amenities including, but not limited to picnic tables, benches, trash and recycling receptacles, barbeques, prep tables, bike racks, signs, storage lockers, drinking fountains (including leach line and water connection) and other materials in accordance with the plans and contract documents, and no other compensation will be allowed therefor. Bid Item No. B-12: Electrical Improvements The contract lump sum price shall include full compensation for furnishing all labor, materials, tools, equipment, incidentals, and for doing all work associated with construction and installation of all electrical improvements, including, but not limited to lighting fixtures, MUSCO sports lighting at arena field (fixtures, breakers/controls, branch circuit/feeder), pickleball court lighting (incl. push button timers), contactor panel MUSCO controls, electrical pedestal, receptacles, security cameras (power and system), branch circuits/feeders, panel boards/service breakers, controls, pull boxes, conduiUtrenching and other materials in accordance with the plans and contract documents, and no other compensation will be allowed therefor. Bid Item No. B-13: Irrigation The contract lump sum price shall include full compensation for furnishing all labor, materials, tools, equipment, incidentals, and for doing all work associated with construction and installation of the irrigation system in accordance with the plans and contract documents, and no other compensation will be allowed therefor. Bid Item No. B-14: Planting The contract lump sum price shall include full compensation for furnishing all labor, materials, tools, equipment, incidentals, and for doing all work associated with the installation of all plant materials, including soil preparation, fine grading, mulch, root barriers, all work associated with the 90-day landscape maintenance period; and any other materials in accordance with the plans and contract documents, and no other compensation will be allowed therefor. Bid Item No. B-15: Record Drawings The contract lump sum price paid for this bid item shall constitute full compensation to keep on the job site and maintain daily, a clean, accurate, full-size and legible print set of Project plans that indicate all changes in work, modifications and existing conditions that are different from what is shown on the Plans. The Contractor shall record the location and elevations of all surface ,, •+;' Revised 6/15/17 Contract No. 4604/4605 Page 111 of 131 improvements in the City of Carlsbad. The survey shots shall be provided to the satisfaction of the Engineer, so minimum slopes can be verified. The Contractor shall record, by dimension and I or scale drawings, facilities as actually installed. All information necessary to maintain and/ or service any concealed work shall be noted on the record drawings. Records shall be kept up to date. The Contractor shall make the Record Drawings available for review by the Engineer at any time and shall provide a clean final copy to the City within two weeks of the contract completion date. ,, •+;' Revised 6/15/17 Contract No. 4604/4605 Page 112 of 131 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 2, CONSTRUCTION MATERIALS SECTION 200 -ROCK MATERIALS 200-1 ROCK PRODUCTS Add the following section: 200-1.2.2 Permeable Material. Permeable material shall consist of hard, durable, clean sand, gravel, or crushed stone, and shall be free from organic material, clay balls, or other deleterious substances. Class 1 and Class 2 permeable material shall have a Durability Index of not less than 40. Class 2 Permeable material shall have a Sand Equivalent value of not less than 75. Class 1 permeable material shall conform to the requirements in this section and Table 200-1.2.2(A). Class 2 permeable material shall conform to the requirements in this section and Table 200- 1.2.2(8). When permeable material is required and the class or kind is not specified, Class 1 permeable material shall be used. The alternative gradings within Class 1 permeable material are identified by types. Unless otherwise shown on the plans the Contractor will be permitted to furnish and place any one of the types provided for this class. The percentage composition by mass of permeable material in place shall conform to the gradings in Tables 200-1.2.2(A) and 200- 1.2.2(8). Sieve Sizes 50-mm (2") 37.5-mm (1 ½") 19-mm (¾") 12.5-mm (½") 9.5-mm (3/a") 4.75-mm (No. 4) 2.36-mm (No. 8) 75-µm (no. 200) Sieve Sizes 25-mm (1") 19-mm (¾") 9.5-mm (3/a") 4. 75-mm (No. 4) 2.36-mm (No. 8) 600-um (No. 30) 300-µm (No. 50) 75-um (no. 200) ,, •+' Revised 6/15/17 TABLE 200-1.2.2(A) CLASS 1 PERMEABLE MATERIAL Percentage Passing Type A --- --- 100 95-100 70-100 0-55 0-10 0-3 TABLE 200-1.2.2(8) CLASS 2 PERMEABLE MATERIAL Type 8 100 95-100 50-100 --- 15-55 0-25 0-5 0-3 Percentaae Passino 100 90-100 40-100 25-40 18-33 5-15 0-7 0-3 Contract No. 4604/4605 Page 113 of 131 200-2 UNTREATED BASE MATERIALS 200-2.1 General. Add the following: Aggregate base shall be Class 2 Aggregate Base per Caltrans Standard Specification, July 1999, Section 26: Aggregate Bases, Subsection 26-1.02A Class 2 Aggregate Base and as specified herein. Add the following section: 200-2.7 Class 2 Aggregate Base. Aggregate for Class 2 aggregate base shall be free from organic matter and other deleterious substances, and shall be of such nature that it can be compacted readily under watering and rolling to form a firm, stable base. Aggregate may include material processed from reclaimed asphalt concrete, portland cement concrete, lean concrete base, cement treated base or a combination of any of these materials. Aggregate shall conform to the grading and quality requirements shown in the following tables. At the option of the Contractor, the grading for either the 11/2-inch maximum or 3/4 inch maximum shall be used, except that once a grading is selected it shall not be changed without the Engineer's written approval. Sieve Sizes 2" ································· 11/2'' .......................... .. 1'' ································· 3/4" ............................ .. No.4 ........................... . No. 30 .......................... . No. 200 ...................... .. AGGREGATE GRADING REQUIREMENTS Percentage Passing 11/2" Maximum 3/4" Maximum Operating Range Operating Range 100 90-100 50-85 25-45 10-25 2-9 100 90-100 35-60 10-30 2-9 QUALITY REQUIREMENTS Tests Resistance (R-value) Sand Equivalent Durability Index Operating Range 78 Min. 25 Min. 35 Min. The aggregate shall not be treated with lime, cement or other chemical material before the Durability Index test is performed. If the results of either or both the aggregate grading and Sand Equivalent tests do not meet the requirements specified for "Operating Range" but meet the "Contract Compliance" requirements, placement of the aggregate base may be continued for the remainder of that day. However, another day's work may not be started until tests, or other information, indicate to the satisfaction of the Engineer that the next material to be used in the work will comply with the requirements specified for "Operating Range." If the results of either or both the aggregate grading and Sand Equivalent tests do not meet the requirements specified for "Contract Compliance," the aggregate base which is represented by these tests shall be removed. However, if requested by the Contractor and approved by the Engineer, the aggregate base may remain in place and the Contractor shall pay to the City $2.25 per cubic yard for such aggregate base left in place. The City may deduct this amount from any moneys due, or that may become due, the Contractor under the contract. If both the aggregate grading and Sand Equivalent do not conform to the "Contract Compliance" requirements, only one adjustment shall apply. No single aggregate grading or Sand Equivalent test shall represent more than 500 cubic yards or one day's production, whichever is smaller. ,., •+;' Revised 6/15/17 Contract No. 4604/4605 Page 114 of 131 SECTION 204 -LUMBER AND TREATMENT WITH PRESERVATIVES 204-1 LUMBER AND PLYWOOD TABLE 204-1.2(A) add the following: TABLE 204-1.2(A) USES GRADES Headers for bituminous pavement up to 50 mm x 100 mm (2"x4") Construction grade Redwood or preservative treated construction grade Douqlas Fir Headers for bituminous pavement larger than 50 mm x 100 mm (2"x4") Number 1 grade Redwood, or preservative treated number 1 qrade Douqlas Fir SECTION 207 -PIPE Add the following section: 207-25 UNDERGROUND UTILITY MARKING TAPE. Add the following section: 207-25.1 Detectable Underground Utility Marking Tape: Detectable Underground Utility Marking Tape shall have a minimum 0.13 mm (0.005") overall thickness, with no less than a 35 gauge (AWG), 0.14 mm aluminum foil core. The foil must be visible from both sides. The layers shall be laminated together with the extrusion lamination process, not adhesives. No inks or printing shall extend to the edges of the tape. All printing shall be encased to avoid ink rub-off. Detectable Underground Utility Marking Tape shall conform to the properties listed in Tables 207- 25(A) and 207-25 (B). TABLE 207-25.1 (A) DETECTABLE UNDERGROUND UTILITY MARKING TAPE PROPERTIES Property Method Value Thickness ASTM D2103 0114 mm (0.0056") Tensile strength ASTM D882 4500g/cm (25 lbs/inch) (5,500 PSI) Elonqation ASTM D882-88 <50 percent at break Printability ASTM D2578 >50 dynes/sauare centimeter Flexibility ASTM D671-81 Pliable hand Inks Manufacturinq specifications Heat-set Mylex Messaqe repeat Manufacturinq specifications Everv 500 mm(20") Foil Manufacturinq specifications Dead soft/annealed Top layer Manufacturinq specifications Virqin PET Bottom layer Manufacturing specifications Virgin LOPE Adhesives Manufacturinq specifications >30 percent, solid 1.5#/R Bond strenqth Boiling H2O at 100 deqrees Celsius Five hours without peel Colors APWACode See Table 207-25.1 (B) ,, •+' Revised 6/15/17 Contract No. 4604/4605 Page 115 of 131 TABLE 207-25.1(8) DETECTABLE UNDERGROUND UTILITY MARKING TAPE COLORS Color Utility Marked Red Electric power, distribution, transmission, and municipal electric systems. Yellow Gas and oil distribution and transmission, dangerous materials, product and steam. Orange Telephone and telegraph systems, police and fire communications, and cable television. Blue Water systems. Green Sanitary and storm sewer systems, nonpotable. Brown Force mains. Purple Reclaimed water lines. Add the following section: 207-25.2 Materials Approvals. Detectable Underground Utility Marking Tape shall meet the requirements of each of the following agency/association publications. A. Department of Transportation, Materials Transportation Bureau, Office of Pipeline Safety. USAS code for pressure piping B31.8, paragraph 192.321 (e). B. National Transportation Safety Board, Washington, DC, Special Study Prevention of Damage to Pipelines. Adopted June 7, 197 4. Report NTSB-PSS-73-1. C. American Petroleum Institute (API). Recommended practice for marking buried liquid petroleum pipelines -APR RP 1109. D. General Services Administration, Washington, DC, Public Buildings Service Guide Specification for Mechanical and Electrical Equipment -PBS 4-1501, Amendment 2, Page 501-14, Paragraph 18, Subparagraph 18.1, Clause 18.1.1. E. Rural Electrification Authority (REA), U.S. Department of Agriculture, Washington, DC, National Electrical Safety Code for Underground Construction for remote and immediate hazards. SECTION 212-LANDSCAPE AND IRRIGATION MATERIALS 212-1 LANDSCAPE MATERIALS. Note: this section shall be supplemented with Technical Specifications including Section 32 92 00 -Turf and Grasses, Section 32 93 00 -Plants, and Section 32 91 15 -Soil Preparation. Add the following section: 212-1.2.6 Herbicides and Pesticides. Shall be used in their appropriate applications with strict adherence to manufacturer's specifications and instructions. Postemergent herbicide for all areas shall be Glyphosate, N-(phosphonomethyl) glycine, in the form of its isopropylamine salt such as Roundup Pro, Diquat, Montar, or approved equal. Preemergent herbicide for shrubs and groundcover areas planted from flats shall be Treflan, Surflan, Eptan, or approved equal. 212-2 IRRIGATION SYSTEM MATERIALS. Note: this section shall be supplemented by Technical Specification including Technical Specifications Section 32 84 00 -Planting Irrigation l'\ • ., Revised 6/15/17 Contract No. 4604/4605 Page116of131 Add the following section: 212-2.4.1 Additional Equipment. Contractor shall provide the following items to the Owner: 1. Two control valve keys. 2. Two wrenches for removing each different type of sprinkler head. 3. Two quick coupler keys. The keys and hose ells shall be of the same manufacturer as the coupling valve. 4. Five keys for opening and locking each automatic controller and enclosure. 212-3 ELECTRICAL MATERIALS. 212-3.1 General. Add the following: All electrical materials shall conform to the requirements of the most recent National Electric Code. 212-3.2.2 Conductors. Add the following: Low voltage electrical wiring running from controller to the automatic control valves shall be no smaller than No. 14 solid single conductor, copper wire, 0.015 mm (60 mil) insulation, 0.015 mm (60 mil) neoprene jacket, style UF (Direct Burial), or equal, color code wires to each valve. Neutral wires shall be white, no smaller than No. 12 solid single conductor wire, 0.015 mm (60 mil) insulation, 0.015 mm (60 mil) neoprene jacket, style UF (Direct Burial). SECTION 215 -FENCING Add the following section: 215-1 ENVIRONMENTAL FENCING Add the following section: 215-1.1 Materials. Environmental fence shall be minimum 4' high, orange colored plastic construction fencing installed prior to performing any work. Environmental fence shall be constructed of non-toxic, non-conductive polyethylene capable of withstanding temperatures from -58F degrees to 194F degrees. Color shall be non-fading. Posts shall be 6'-6" long, shall be spaced no more than 10'-0" apart and buried portion shall be no less than 2'-6" deep. Used materials may be installed providing the used materials are good, sound, and are suitable for the purpose intended, as determined by the Engineer. Materials may be commercial quality providing the dimensions and sizes of the materials are equal to, or greater than, the dimensions and sizes specified herein. Posts shall be either metal or wood at the Contractor's option. Galvanizing and painting of steel items will not be required. Treating wood with wood preservatives will not be required. Concrete footings for metal posts will not be required. ,, • ., Revised 6/15/17 Contract No. 4604/4605 Page 117 of 131 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 3, CONSTRUCTION METHODS SECTION 300 -EARTHWORK Note: this section shall be supplemented with Technical Specifications including Section 02 41 19 -Selective Demolition and Division 31 -Earthwork 300-1 CLEARING AND GRUBBING. 300-1.1 General. Add the following to the third paragraph: During surface clearing operations, the Contractor shall not cover or bury any plant growth or other objectionable materials. If the Contractor cannot successfully separate the plant growth from the surface soil and advertently or inadvertently mixes organic or other objectionable materials with the soil, the soil so contaminated shall be removed from the site by the Contractor. All costs, if any, associated with removing the soil mixed with organic or other objectionable materials and importing soil to replace said contaminated soil shall be borne by the Contractor and no additional payment therefore shall be made to the Contractor. 300-1.3 Removal and Disposal of Materials. Add the following: Unless noted to be salvaged, also included in clearing and grubbing shall be removal and disposal of existing light poles, fences, asphalt concrete and aggregate base, concrete, concrete sidewalk, gates, signs, all other items shown on the project demolitions plans, and other existing features which interfere with the work. Whether or not such items are shown on the plans they shall be removed as a part of clearing and grubbing. Existing underground pipes and conduits that are shown on the plans and designated to be removed shall be removed by the Contractor as a part of clearing and grubbing. 300-1.4 Payment. Modify as follows: Payment for clearing and grubbing within the project limits and at stockpile locations shall be included in the contract lump sum price and no other payments will be made. Unless otherwise noted on plans, the Contractor shall remove all existing abandoned pipelines and conduits of any type, or use, and pipelines and conduits of any type, or use, that are abandoned during the course of the work and shall replace said pipelines and conduits with properly compacted soils. Payment for removal and disposal of abandoned utilities shall be included in the contract lump-sum price and no other payment will be made. 300-2 UNCLASSIFIED EXCAVATION. 300-2.1 General. Add the following: Unclassified excavation shall include removal and stockpile of suitable material, recompaction, mixing, trenching and backfilling of storm drains, sewers, other utilities. 300-2.2.1 General. Add the following: Alluvial and colluvial removal and recompaction shall consist of excavating, blending and recompacting loose soils in areas that are designated to receive fills. The existing loose soils shall be removed by the Contractor until a firm unyielding surface is exposed or to a depth determined by the Engineer. If the excavated material contains 4%, or more, water than the optimum moisture content the Contractor shall blend the wet soil with ,, •+;' Revised 6/15/17 Contract No. 4604/4605 Page 118 of 131 soils having a lower moisture content and/or spread the excavated material in a manner that enables the material to dry to optimum moisture content. The cost of spreading and/or drying shall be included in the contract lump sum price. The excavated material shall be placed and compacted in accordance with section 300-4 of the specifications except that section 300-4.9, Measurement and Payment, shall not apply. 300-2.2.1 General. Add the following to the first paragraph: Such direction may include, but is not limited to, directing the Contractor to blend, adjust moisture content of, rework, and place unsuitable soils at specific locations or elevations on the site. 300-2.6 Surplus Material. add the following: The Contractor shall haul and dispose of all surplus material from the project. The Contractor shall utilize highway legal haul trucks for this export of material from the project site and to a site secured by the Contractor. No earth moving equipment or special construction equipment, as defined in section 565 of the California Vehicle Code, will be allowed for hauling material on public streets. 300-2.9 Payment. substitute the following: Payment for all unclassified excavation shall be included in the contract lump sum price and no other payments will be made. Unclassified fill, slope rounding, all work incidental to Section 300-4.8 and construction of transitions will be paid for as a part of unclassified excavation, and no additional payment will be made therefore. When required by the plans or specifications or where directed by the Engineer, the excavation and stockpiling of selected material and placing it in its final position shall be included in the contract lump sum price and no additional compensation will be allowed therefore. Add the following section: 300-2.10 Grading Tolerance. The Contractor shall finish excavated areas other than slopes and subgrade below structures, pavement, and sidewalk areas within 30 mm (0.1 ') of the grades shown on the plans. Subgrade tolerances shall conform to the requirements of section 301-1.4 SSPWC. 300-3 STRUCTURE EXCAVATION AND BACKFILL 300-3.1 General. add the following: The Contractor shall excavate to the lines and levels required and/or shown on the Drawings. The Contractor shall provide all shoring, bracing, cribbing, pumping, and planking required. The Contractor shall excavate and maintain the bottom of all trenches in a condition that is level, firm, clean and free from all debris or foreign matter. Excavations shall be kept free from water at all times. The Contractor shall remove any unsuitable material encountered below grade as directed by the Engineer. 300-4 UNCLASSIFIED FILL 300-4.2 Preparation of Fill Areas. Add the following: Except as provided in section 300-4.7, "Compaction", areas proposed for improvements all fill (including backfill and scarified ground surfaces) shall be compacted by the Contractor to no less than 90 percent of maximum dry density as determined in accordance with ASTM Test Procedure 01557-91. 300-4.5 Placing Materials for Fills. add the following: The Contractor shall perform grading such that the upper 900 mm (3') of fill placed in the project area is composed of properly compacted low expansive soils. The more highly expansive soils shall be placed in the deeper fill areas and properly compacted or exported from the site. Low expansive soils are defined as those soils that have an Expansion Index of 50 or less when tested in accordance with 1994 UBC Standard 18-2 ,, •tr Revised 6/15/17 Contract No. 4604/4605 Page 119 of 131 as published by the International Conference of Building Officials. Should insufficient soils meeting the requirement of an expansion index of 50 or less be present within the limits of work, soils of the least expansion index that are available within the limits of work shall be incorporated in the upper 900 mm (3') of fill placed in the project. The Contractor shall break rock encountered in the excavation into particles of less than 75 mm (3"). Particles with dimensions greater than 75 mm (3") shall be uniformly distributed over the area to be filled so that construction equipment can be operated in such a manner that the larger pieces will be broken into smaller particles and become incorporated with the other materials in the layer. This requirement for particle size reduction does not apply to cobbles, small boulders, and small hard rocks found within the surface soils and formational materials. Rocks having any dimension greater than 460 mm (18") shall not be incorporated into the fill. Rock exceeding 150 mm (6") in diameter shall not be placed in the upper 900 mm (3') of any fill. When there are large quantities of rock to be placed in the fill, rocks shall not be nested, but shall be spread with sufficient room between them so that intervening voids can be adequately filled with fine material to form a dense, compact mass. Oversize material which cannot be utilized for erosion mitigation or landscaping onsite shall be broken to acceptable sizes or removed from the site by the Contractor. If disposed of within the City of Carlsbad, a separate grading permit will be required for disposal of rock. 300-4.6 Application of Water. Add the following: The Contractor shall place all fill soil at a moisture content no less than one (1) percent below optimum moisture as determined by ASTM test D-1557-91. 300-4.7 Compaction. Add the following: The Contractor shall compact all fill soils placed within the top 1 m (3') of roadway subgrade to a minimum of 95 percent relative compaction. On all areas to receive planting, the top 150 mm (6'') shall be compacted to 85%, +2% -5%, to allow for plant growth. 300-4.8 Slopes. Add the following: Feathering of fill over the tops of slopes will not be permitted. 300-4.9 Measurement and Payment. Delete and substitute the following: Unclassified fill, grading, shaping, compacting or consolidating, slope rounding, construction of transitions and all work included in and incidental to Section 300-4, "Unclassified Fill" will be paid for as a part of the contract lump sum price, and no additional payment will be made therefore. 300-5 BORROW EXCAVATION. Add the following section: 300-5.2.1 Imported Borrow Properties. The Contractor shall provide imported borrow that is clean well graded soil consisting of material conforming to all of the requirements in Table 300-5.2.1 (A) and the following requirements. Rock included in the top 1 m (3') of imported borrow shall be particles of less than 75 mm (3"). Rock included below the top 1 m (3') of imported borrow shall be particles of less than 150 mm (6''). ,, •tr' Revised 6/15/17 Contract No. 4604/4605 Page 120 of 131 Tests R-Value Expansion Index Plasticity Index TABLE 300-5.2.1 (A) IMPORTED BORROW PROPERTIES Test Method No. Requirements Calif. 301 40 Min. UBC Standard 18-2 10 Max. ASTM D 424 4 Max. Sieve Analysis ASTM D 422 Percent Passing 75µ (No. 200) 15 Max. 300-9 GEOTEXTILES FOR EROSION CONTROL. Modify as follows: 300-9 GEOTEXTILES FOR EROSION CONTROL AND WATER POLLUTION CONTROL. Add the following section: 300-9.2 General. The Contractor shall provide erosion control and water pollution control conforming to the requirements shown on the plans, as specified herein, and as elsewhere required by the Contract Documents. Erosion control and water pollution control shall include the work specified herein, and such additional measures, as may be directed by the Engineer, to meet Best Management Practices, as defined herein, and to properly control erosion and storm water damage of the limits of work and construction impacts upon areas receiving drainage flows from within the limits of work. Add the following section: 300-9.2.1 Grading Controls. The Contractor shall protect all areas that have been graded and/or cleared and grubbed as well as areas that have not been graded and/or cleared and grubbed within the limits of work from erosion. The Contractor shall provide temporary earth berms, gravel bags, silt fences, stabilized construction entrances and similar measures, coordinated with its construction procedures, as necessary and as shown on the plans to control on site and off site erosion during the construction period. The Contractor will be required to protect areas which have been cleared and grubbed prior to excavation or embankment operations, and which are subject to runoff during the duration of the contract. The criteria used to determine the appropriate erosion control measures shall be as shown in the project SWPPPs. Add the following section: 300-9.2.2 Payment. Full compensation for performing erosion control and water pollution control, conforming to the operational requirements herein, of the BMP and conforming to the requirements of the Federal Water Pollution Control Act, including the latest amendments thereto, which is not a part of the planned permanent work or included as a separate bid item shall be considered as included in the contract lump sum price and no additional compensation will be allowed therefore. 300-12 ROCK SLOPE PROTECTION FABRIC. Add the following section: 300-12.1 Preparation of Subgrade. Prior to placing rock slope protection fabric the Contractor shall clear the surfaces upon or against which rock slope protection fabric is to be placed of loose or extraneous material and sharp objects that may damage the fabric during installation. Equipment or vehicles shall not be operated or driven directly on the rock slope protection fabric. Rock slope protection fabric damaged during placement shall be replaced or repaired by the Contractor at its expense as directed by the Engineer. l'\ •+;' Revised 6/15/17 Contract No. 4604/4605 Page 121 of 131 Add the following section: 300-12.2 Placement. The Contractor shall place rock slope protection fabric prior to placing rock slope protection. The Contractor shall grade surfaces to be covered by rock slope protection so as to provide full support for the fabric. Rock slope protection fabric shall conform to the provisions in Section 213-2,"Geotextiles " and shall be placed by the Contractor in accordance with the details shown on the plans and as specified herein. The Contractor shall handle rock slope protection fabric with care that it is not torn or stretched and place it in accordance with the manufacturer's recommendations, these specifications and as directed by the Engineer. The Contractor shall place and fit rock slope protection fabric loosely upon or against the surface to receive the fabric so that the fabric conforms to the surface without damage when the cover material is placed. Rock slope protection fabrics shall be joined, at the option of the Contractor, either with overlapped joints or stitched seams. When fabric is joined with overlapped joints, all adjacent borders of the fabric shall be overlapped not less than 610 mm (24"). The fabric shall be placed such that the fabric being placed shall overlap the adjacent section of fabric in the direction the cover material is being placed. When the fabric is joined by stitched seams, the fabric shall be stitched with yarn of a contrasting color. The size and composition of the yarn shall be as recommended by the fabric manufacturer. The number of stitches per 25 mm (1") of seam shall be 6 ± 1. The strength of stitched seams shall be the same as specified for the fabric, except when stitched seams are oriented up and down a slope the strength shall be a minimum of 80 percent of that specified for the fabric. Fabric damaged beyond repair, as determined by the Engineer, shall be replaced by the Contractor and no additional payment will be made therefore. Repairing damaged fabric shall consist of placing new fabric over the damaged area. The minimum fabric overlap from the edge of the damaged area shall be 1 m (3') for overlap joints. If the new fabric joints at the damaged areas are joined by stitching, the stitched joints shall conform to the requirements specified herein. Damaged fabric that is suitable for repair, as determined by the Engineer, shall be repaired by the Contractor and no additional payment will be made therefore. Add the following section: 300.12.3 Measurement and Payment. Payment for rock slope protection fabric will be included in the contract lump sum price and no additional payments will be made. 300-13 STORM WATER POLLUTION PREVENTION PLAN Add the following section: 300-13.1 Storm Water Pollution Prevention Plan. As part of the storm water pollution prevention work, the Contractor shall prepare and submit Storm Water Pollution Prevention Plan, hereafter referred to as the "SWPPP," The SWPPP shall conform to the requirements of the "Greenbook" Standard Specifications for Public Works Construction, California Storm Water Quality Association, Stormwater Best Management Practice Handbook, Construction ("Handbook"), the State Construction General Permit (where applicable), and the requirements outlined in the plans and these supplemental provisions. 300-13.1.1 SWPPP Document. Within 15 calendar days after the execution of the contract, the Contractor shall submit 3 copies of the SWPPP to the Engineer, in accordance with Section 2-5.3.3 of these Special Provisions. Contractor will be provided the digital format for SWPPP to complete required sections. If revisions are required, as determined by the Engineer, the Contractor shall revise and resubmit the SWPPP within 15 days of receipt of the Engineer's comments and shall allow 5 days for the Engineer to review the revisions. Upon the Engineer's acceptance of the SWPPP, 3 additional {'\ •+;' Revised 6/15/17 Contract No. 4604/4605 Page 122 of 131 copies of the SWPPP, incorporating the required changes, shall be submitted to the Engineer. In order to allow construction activities to proceed, the Engineer may conditionally approve the SWPPP while minor revisions are being completed. The objectives of the SWPPP shall be to identify pollution sources that may adversely affect the quality of storm water discharges associated with the project and to identify, construct, implement and maintain storm water pollution prevention measures, hereafter referred to as control measures, to reduce to the extent feasible pollutants in storm water discharges from the construction site both during and after construction is completed under this contract. The SWPPP shall incorporate control measures in the following categories: 1. Erosion control and other soil stabilization practices; 2. Sediment control practices; 3. Wind erosion control practices; 4. Non-storm water management; and 5. Waste management and disposal control practices. Specific objectives and minimum requirements for each category of control measures are contained in the Handbook. The Contractor shall designate an Erosion Control Professional (QSD, QSP, etc.) who will have the responsibilities outlined in the SW PPP. The SWPPP shall include, but not be limited to, the following items as described in the SWPPP: 1. Source Identification; 2. Erosion and Sediment Controls; 3. Non-Storm Water Management; 4. Waste Management and Disposal; 5. Maintenance, Inspection and Repair; 6. Training; 7. List of Contractors and Subcontractors; 8. Post-Construction Storm Water Management; 9. Preparer; 10. Copy of the local permit; 11. BMP Consideration Checklist; 12. SWPPP Checklist; 13. Schedule of Values; and 14. Storm Water Pollution Prevention Drawings. The Contractor shall amend the SWPPP, graphically and in narrative form, whenever there is a change in construction activities or operations which may affect the discharge of significant quantities of pollutants to surface waters, ground waters, municipal storm drain systems, or when deemed necessary by the Engineer. The SWPPP shall also be amended if it is in violation of any condition of the Permit or contract, or has not effectively achieved the objective of reducing pollutants in storm water discharges. Amendments shall show additional control measures or revised operations, including those in areas not shown in the initially accepted SWPPP, which are required on the project to control water pollution effectively. Amendments to the SWPPP shall be submitted for review and acceptance by the Engineer in the same manner specified for the initially accepted SWPPP. Accepted amendments shall be dated and logged in the SWPPP. Upon ,, • ., Revised 6/15/17 Contract No. 4604/4605 Page 123 of 131 acceptance of the amendment, the Contractor shall implement the additional control measures or revised operations. The Contractor shall keep a copy of the accepted SWPPP and accepted amendments at the project site. The SW PPP shall be made available upon request of a representative of the Regional Water Quality Control Board, State Water Resources Control Board, U.S. Environmental Protection Agency or local storm water management agency. Requests by the public shall be directed to the Engineer. By June 15 of each year, the Contractor shall submit an annual certification to the Engineer stating compliance with the requirements governing the Permit. If the project is in non-compliance at any time, the Contractor shall make a written report to the Engineer within 15 days of identification of non-compliance. Add the following section: 300-13-1.2 Availability of SWPPP template. A site-specific draft document intended for use as a template for the required SWPPP document will be made available for use at the Contractor's option, at no cost to the Contractor. The document is available for review in Appendix B. The Contractor shall review the template and modify it as necessary to reflect the Contractor's operations. Add the following section: 300-13.1.3 Payment. Preparation, implementation and management of SWPPP shall be considered incidental to the items of work and no additional payment will be made therefore. Add the following section: 300-13.1.4 SWPPP Implementation. Upon acceptance of the SWPPP, the Contractor shall be responsible throughout the duration of the project for installing, constructing, inspecting and maintaining the control measures included in the SWPPP and any amendments thereto and for removing and disposing of temporary control measures. Unless otherwise directed by the Engineer or specified in these supplemental provisions, the Contractor's responsibility for SW PPP implementation shall continue throughout any temporary suspension of work ordered in accordance with Section 6-3, "Suspension of Work". Requirements for installation, construction, inspection, maintenance, removal and disposal of control measures are specified in the "Handbook" and these supplemental provisions. All BMP requirements, including minimum requirements, shall be implemented and maintained throughout the duration of the project. Implementation of soil stabilization practices and sediment control measures for soil-disturbed areas of the project site shall be completed, except as provided for below, no later than 20 days prior to October 1 or upon start of applicable construction activities for projects which begin either during or within 20 days of October 1. The Engineer may order the suspension of construction operations, at the Contractor's cost, which create water pollution if the Contractor fails to conform to the requirements of this section as determined by the Engineer. Add the following section: 300-13.1.5 Maintenance. To ensure the proper implementation and functioning of control measures, the Contractor shall regularly inspect and maintain the construction site for the control l' • ., Revised 6/15/17 Contract No. 4604/4605 Page 124 of 131 measures identified in the SWPPP. The Contractor shall identify corrective actions and time frames to address any damaged measures or reinitiate any measures that have been discontinued. The construction site inspection checklist provided in the "Handbook" or developed by the Contractor and approved by the City shall be used to ensure necessary measures are properly implemented, and that the control measures are functioning adequately. The Contractor shall keep copies of the inspection reports and other related SWPPP documentation within the SW PPP book and available to the Engineer upon request. Mandatory inspections of the construction site shall be conducted by the Contractor to identify deficient measures and corrective actions, as follows: 1. When the five-day rain probability forecast exceeds forty percent (40%); 2. After every rain event; 3. At 24 hour intervals during extended precipitation events; and 4. Routinely, at a minimum of once every week. If the Contractor or the Engineer identifies a deficiency in the deployment or functioning of an identified control measure, the deficiency shall be corrected by the Contractor immediately, or by a later date and time if requested by the Contractor and accepted by the Engineer in writing, but not later than the onset of subsequent precipitation events. The correction of deficiencies shall be at no additional cost to the City. SECTION 301 -TREATED SOIL, SUBGRADE PREPARATION AND PLACEMENT OF BASE MATERIALS 301-1 SUBGRADE PREPARATION. 301-1.2 Preparation of Subgrade. Modify the second and third paragraphs as follows: Change each instance reading "150mm (6 inches)" to "300 mm (12")". 301-1.3 Relative Compaction. Delete the first paragraph and substitute the following: The Contractor shall compact the upper 300 mm (12") of subgrade beneath areas to be paved, have base or subbase material placed on them, or curb, gutter, curb and gutter, alley pavement, driveway or sidewalk constructed over them to no less than 95 percent maximum dry density as determined by ASTM test D-1557-91. 301-1. 7 Payment. Modify the first paragraph as follows: Payment for subgrade preparation shall be included in the contract lump sum price for which the subgrade is prepared and shall include all labor, materials; including water, operations and equipment to scarify, adjust moisture, compact or recompact the subgrade, both in cut areas and in fill areas, and no further compensation will be allowed. ,, •+' Revised 6/15/17 Contract No. 4604/4605 Page 125 of 131 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION. 303-1 CONCRETE STRUCTURES 303-1.6.2 Falsework Design. Add the following: The Contractor shall provide all temporary bracing necessary to withstand all imposed loads during erection, construction, and removal of any falsework. The Contractor shall provide falsework drawings and calculations prepared by a registered professional engineer, civil or structural, that show provisions for resolution of all loads that may be imposed upon the falsework. Such plans and calculations shall include: 1. Resolution of all live, dead, wind, construction and impact loads that may be imposed on the falsework. 2. Temporary bracing or methods to be used during each phase of erection and removal of the falsework. 3. Concrete placement sequence. 4. Erection and removal sequence. 5. Deflection values for the falsework that include recommended methods to compensate for falsework deflections, vertical alignment, and anticipated falsework deflection. 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS, AND DRIVEWAYS. 303-5.5.2 Curb. Add the following: The Contractor shall stamp the curb face with 75 mm (3") high block letters directly above the point that it is crossed by underground facilities with the marking specified in Table 303-5.5.2(A) TABLE 303-5.5.2(A) Curb Face Markin s T e of under round facilities Water Service Lateral Sewer Service Lateral lrri ation Water Lateral or Sleeve Markin w s RW 303-5.9 Measurement and Payment. Add the following: Curb and gutter, and curb, shall be considered as continuing across driveways and access ramps when constructed adjacent thereto. Neither curb and gutter nor curb will be paid for across the length of local depressions, except that which occurs in gutter transitions at each side of an inlet. SECTION 306 -UNDERGROUND CONDUIT CONSTRUCTION 306-1 OPEN TRENCH OPERATIONS. 306-1.2.1 Bedding. All installation of, and bedding for recycled water, or potable water mains shall conform to Carlsbad Municipal Water District Rules and Regulations for the Construction of (Potable or Reclaimed) Water Mains, latest edition. 306.1.2.2 Pipe Laying. Add the following: The Contractor shall place electrical conduit per project plans. ,, •+; Revised 6/15/17 Contract No. 4604/4605 Page 126 of 131 306-1.3.1 General. Add the following: The Contractor shall install detectable underground utility marking tape 230 mm x75 mm (9" x 3") above each or, in the case of bundled underground conduit of the same type, the upper underground conduit being installed by the open trench method. The type and color of detectable underground utility marking tape shall conform to the requirements of section 207-25 et seq. 306-1.3.4 Compaction Requirements. Delete Section 306-1.3.4 and replace with the following: The Contractor shall density trench backfill to a minimum of 90 percent relative compaction except that in the top 300 mm (12") of the street right-of-way, compaction shall be 95 percent. 306-1.5 Trench Resurfacing. 306-1.5.1 Temporary Resurfacing. Delete the fourth and fifth paragraphs and substitute the following: Temporary bituminous resurfacing materials which are placed by the Contractor are for its convenience and shall be at no cost to the Agency. Temporary bituminous resurfacing materials shall be used in lieu of permanent resurfacing only when approved by the Engineer. When temporary bituminous resurfacing materials are used in lieu of permanent resurfacing it shall be removed and replaced with permanent resurfacing within 7 days of placement. No additional payment will be made for temporary bituminous resurfacing materials. The price bid for the associated conduit or structure shall include full compensation for furnishing, placing, maintaining, removing, and disposing of such temporary resurfacing materials. 306-1.5.2 Permanent Resurfacing. Add the following: Except as provided in section 306-1.5.1, "Temporary Resurfacing," the Contractor shall perform permanent trench resurfacing within 24 hours after the completion of backfill and densification of backfill and aggregate base materials. 306-1.6 Basis of Payment for Open Trench Installation. Add the following: Payment for utilities undergrounding which includes the utility trench for CATV and SDG&E and conduit for SDG&E's electric conversion shall be made on the basis of contract lump sum price and no other payments will be made. Cox Cable will supply and deliver conduits and fittings to be installed by the Contractor. Cox Cable will install enclosures. The Contractor will furnish and install 6.4 mm (¼") nylon pull ropes in all conduit. 306-5 ABANDONMENT OF CONDUITS AND STRUCTURES. Add the following: Unless otherwise noted on plans, the Contractor shall remove all existing abandoned pipelines and conduits of any type, or use, and pipelines and conduits of any type, or use, that are abandoned during the course of the work and shall replace said pipelines and conduits with properly compacted soils. Payment for removal and disposal of abandoned utilities shall be included in the contract lump sum price and no additional payment will be made. SECTION 308 LANDSCAPE AND IRRIGATION INSTALLATION Note: this section shall be supplemented with Technical Specifications including Section 32 84 00 -Planting Irrigation, Section 32 91 15 -Soil Preparation, Section 32 92 00 -Turf and Grasses, and Section 32 93 00 -Plants. 308-7 GUARANTEE. Add following: The Contractor shall guarantee all plant materials installed under the contract to live and grow for one year from the day of the maintenance period or final acceptance of the contract work, whichever is the later. The Contractor shall replace, at its expense, all plant material found to be dead, missing, or in poor condition during the maintenance ,, •+;' Revised 6/15/17 Contract No. 4604/4605 Page 127 of 131 period within 5 days of discovery of such plant material. The Engineer shall be the sole judge as to the condition of the plant material. Plant material found to be dead or in poor condition within the guarantee period shall be replaced by the Contractor, at its expense, within 15 days of written notification. Replacements shall be made to the same specifications required for the original plantings. The Contractor shall submit written vegetation, planting and irrigation guarantee in approved form that all work showing defects in materials or workmanship will be repaired or replaced at no cost to the Engineer for a period of one year from the date of acceptance by the Engineer. The Guarantee form shall be retyped on the Contractor's letterhead and contain the following verbiage: "Guarantee For Vegetation, Planting and Irrigation System For Aviara Community Park Phase II and Poinsettia Community Park Phase Ill We hereby guarantee that the vegetation, planting and irrigation system we furnished and installed for the A viara Community Park Phase II and Poinsettia Community Park Phase Ill projects are free from defects in materials and workmanship, and the work is complete in accordance with the drawings and specifications. We agree to repair or replace any defect in vegetation, material or workmanship, including that due to ordinary wear and tear, which may develop during the periods specified in section 308-7 of the Standard Specifications and the Special Provisions of said project from date of completion of the Work or termination of any maintenance period, whichever is the later, and also to repair or replace any damage resulting from the repairing or replacing of such defects at no additional cost to the Agency. This guarantee does not extend to unusual abuse or neglect that may occur subsequent to the date of completion of the Work or termination of any maintenance period, whichever is the later. We shall make such repairs or replacements within a reasonable time, as determined by the Engineer, after receipt of written notice. In the event of failure to make such repairs or replacements within a reasonable time after receipt of written notice from the Engineer, we authorize the Engineer to proceed to have said repairs or replacements made at our expense, and we will pay the costs and charges therefore upon demand. Project: (Project Name) Location: (Legal Description of Project Property) Name of Contractor: Address: (Of Contractor) Telephone: (Of Contractor) By: (Typed or printed names of signing Officer(s) of the Contractor authorized to bind the Contractor in legal matters) Title: (Of said officer(s)) Signature(s) Date of Execution:" Add the following section: 308-7.1 Record Drawings. In addition to the requirements of section 2-5.4, herein, the Contractor shall prepare record drawings that show all changes in the work constituting departures from the original contract drawings, including those involving both constant-pressure and intermittent-pressure lines and appurtenances. The Contractor shall accurately record, on a daily basis, on one set of blue line prints of the irrigation drawings, all changes in work constituting departures from the original contract drawings, including changes in both pressure and nonpressure line. The Contractor shall post information on record drawings no later than the next working day after the work is installed. The Contractor shall record changes and dimensions in a legible and professional manner. The Contractor shall transfer all information to a set of reproducible .pdf file drawings when the drawings are approved by the Engineer Items required to be shown shall be dimensioned by the Contractor from two permanent points of reference (buildings, monuments, {\ •,; Revised 6/15/17 Contract No. 4604/4605 Page 128 of 131 sidewalks, curbs, pavement). The accuracy of location of all items shown on the drawings shall be 150 mm (6'') in both the vertical and horizontal planes. All text and numerals placed on drawings shall be 0.30 mm (1/a") in size. Facilities and items to be located in their horizontal and vertical positions and shown on the record drawings include all: a) Point(s) of connection, for water and electrical services b) Routing of irrigation pressure mainlines c) Backflow preventors d) Ball, gate and check valves e) Irrigation control valves. f) Quick coupler valves g) Routing of service wires h) Routing of control wires i) Electrical service equipment j) Electrical junction boxes k) Irrigation controllers I} Sleeves for future connections m) Other equipment of a similar nature (as directed by the Engineer). The Contractor shall keep the blue print drawings available for the Engineer's inspection at any time. The Contractor shall make all changes to reproducible drawings in waterproof red ink (no ball point pen). Changes in dimensions shall be recorded in a legible and professional manner. Record construction drawings shall be maintained at the job site during construction. The Contractor shall provide one set of electronic .pdf drawings and one set of electronic .dwg drawing files to the Engineer after submitting blueline prints of the proposed "record" drawings for, and obtaining their approval by, the Engineer. Add the following section: 308-7.2 Controller Chart. The Contractor shall prepare record drawings which shall be submitted to the Engineer for approval by the Engineer before charts are prepared. The Contractor shall provide one controller chart of the maximum size the controller door will allow, for each controller supplied, showing the area covered by that automatic controller. The chart shall be a reduction of the actual record system drawing with a legend to explain all symbols. If the controller sequence is not legible when the drawing is reduced, The Contractor shall enlarge it to a size that will be readable when reduced. The Contractor shall photocopy the chart, with a pastel transparent color used to show area of coverage for each station. When completed and approved, the Contractor shall hermetically seal the chart between two pieces of plastic, each piece being a minimum 20 mils thick. The Contractor shall complete the charts and obtain the Engineers approval prior to final inspection of the irrigation system. Add the following section: 308-7.3 Operation and Maintenance Manuals. The Contractor shall prepare and deliver to the Engineer, within 10 calendar days prior to completion of construction, all required and necessary descriptive material in complete detail and sufficient quantity, properly prepared in four individual bound copies. The descriptive material shall describe the material installed in sufficient detail to permit qualified operating personnel to understand, operate, and maintain all equipment. The Contractor shall include spare parts list and related manufacturer information for each equipment item installed. Each manual shall include the following: a) Index sheet stating Contractor's address and telephone number. b) Duration of Guarantee period. ,, •+;' Revised 6/15/17 Contract No. 4604/4605 Page 129 of 131 c) List of equipment, with names and addresses of manufacturer's local representative. d) Complete operating and maintenance instructions on all major equipment. e) In addition to the maintenance manuals, the Contractor shall provide the agency maintenance personnel with instructions for major equipment, and show written evidence to the Engineer at the conclusion of the work that this service has been rendered. Add the following section: 308-7.4 Check List. The Contractor shall complete and forward, signed and dated, the following checklist to the Engineer before final acceptance of project, using the format shown: a) Plumbing permits (if none required, so note) b) Materials approval c) Pressure mainline test (by whom, and date) d) Record drawings completed (received by, and date) e) Controller chart completed (received by, and date) f) Materials furnished (received by, and date) g) Operation and maintenance manuals furnished (received by, and date) h) System and equipment operation instructions (received by, and date) i) Manufacturer warranties (received by, and date) j) Written guarantee by Contractor (received by, and date) 308-8 MEASUREMENT AND PAYMENT. Add the following: The contract lump sum price set forth in the contract documents shall include, but not be limited to, full compensation for furnishing all labor, materials, tools, and equipment and performing all work necessary to complete, maintain, and guarantee the planting and irrigation work described or specified in the contract documents, including soils testing and recommended soil amendments, seed and hydroseed slurry, tree stakes, bark mulch, erosion control matting, plant materials, temporary irrigation and permanent irrigation, including reduced-pressure back-flow preventer, ball valves, drip valve assembly, electric control valves, quick couplers, control wires, pull boxes, valve boxes, all piping and sleeves, electrical conduits, irrigation heads, drip emitters, bubblers, drip irrigation equipment, connection from electrical service to irrigation electrical meter, connection from meter to irrigation controller(s), installation of controller enclosure, concrete pads, preparation, correction, reproduction and lamination of "as-built" drawings, controller charts, assembly and submittal of the check list and operation and maintenance manuals and all appurtenances to the aforementioned items, as well as 120 days' maintenance and project guarantees. After completion of the project, the Engineer will retain $24,000 of the total contract amount, and will subsequently disburse the $24,000 to the Contractor on a monthly basis of $6,000 per month. The Engineer reserves the right to stop payment until all punch list submitted to the Contractor every month are completed. ,., • ., Revised 6/15/17 Contract No. 4604/4605 Page 130 of 131 SECTION 313 -TEMPORARY TRAFFIC CONTROL DEVICES Add the following section: 313-2 TEMPORARY TRAFFIC SIGNING. Add the following section: 313-2.1 General. The Contractor shall provide and install all temporary traffic control signs, markers, markings, and delineators at locations shown on plans and specified herein. Add the following section: 313-2.2 Maintenance of Temporary Traffic Signs. If temporary traffic signs are displaced or overturned, from any cause, during the progress of the work, the Contractor shall immediately replace the signs in their original approved locations. The Contractor shall maintain all temporary traffic signs used in the Work in a clean, reflective and readable condition. The Contractor shall replace or restore graffiti marked temporary traffic signs and posts used in the Work within 18 hours of such marking being discovered during non-working hours or, when the marking is discovered during working hours, within 2 hours of such discovery of marking. Add the following section: 313-4 MEASUREMENT AND PAYMENT. Temporary traffic signing and temporary appurtenances thereto are considered to be part of mobilization and location shall be field verified with the Engineer. All costs included with temporary traffic signing shall be included in the lump sum price and no other payments will be made. ,, •+' Revised 6/15/17 Contract No. 4604/4605 Page 131 of 131