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Ohno Construction Company; 2019-10-22; PWS20-832PKS
Project: 4742, Stagecoach Community Park Synthetic Turf Replacement Change Order No. 1 CITY OF CARLSBAD CONTRACT CHANGE ORDER NO. 1 PROJECT: 4742, Stagecoach Community Park Synthetic Turf Replacement CONTRACT NO. PWS20-832PKS P.O. NO. P138298 ACCOUNT NO. 3707000-9060/47421-9066 CONTRACTOR: Ohno Construction Company ADDRESS: 16398 Boyle Ave. Fontana, CA 92337 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: Excavate and expose top of aggregate above perimeter collector piping. Work to include removal and disposal of existing aggregate, soil and clay, removal and disposal geotextile fabric “wrap” over the collector pipe trench, and furnish and install permeable aggregate over collector pipe drainage aggregate to match finish grade. Increase number of working days by twenty (20). Increase to contract cost……….…………………………………....…………$30,666.94 Item 2: Provide supplemental base protection, including steel plates to provide access to the work areas. Provide supplemental tracking equipment and vehicles to export unsuitable soil from the base areas. Stage, load and dispose of unsuitable soil and import 280 tons of permeable aggregate for fill. Increase number of working days by six (6). Increase to contract cost……….…………………………………..………..…$41,631.52 Item 3: Increase number of working days by twenty-nine (29) due to weather delays affecting work activities. Additional working days are provided for 12/23/19, 12/24/19, 12/26/19, 1/8/20, 1/9/20, 1/10/20, 1/13/20, 1/14/20, 1/17/20, 1/21/20, 2/10/20, 2/11/20, 3/10/20, 3/11/20, 3/16/20, 3/17/20, 3/18/20, 3/19/20, 3/20/20, 4/6/20, 4/7/20, 4/8/20, 4/9/20, 4/10/20, 4/13/20, 4/14/20, 4/15/20, 4/16/20, and 4/17/20. Increase to contract cost……….…………………………………………..…………$0.00 DocuSign Envelope ID: D4999DE8-A175-48DD-AF3B-398E9F09B060 Project: 4742, Stagecoach Community Park Synthetic Turf Replacement Change Order No. 1 TOTAL INCREASE TO CONTRACT COST…………………….……………………$72,298.46 TIME FOR COMPLETION OF ALL WORK UNDER THIS CONTRACT SHALL BE INCREASED BY FIFTY-FIVE (55) WORKING DAYS AS A RESULT OF THIS CHANGE ORDER. RECOMMENDED BY: APPROVED BY: MUNICIPAL PROJECTS MANAGER (DATE) CONTRACTOR (DATE) ENGINEERING MANAGER (DATE) FINANCE DIRECTOR (DATE) _____________________________________ DEPUTY CITY MANAGER, P.W. (DATE) CITY MANAGER/MAYOR (DATE) APPROVED AS TO FORM: DISTRIBUTION: PROJECT FILE (ORIGINAL), PURCHASING, CONTRACTOR CITY ATTORNEY (DATE) 5-15-2020 DocuSign Envelope ID: D4999DE8-A175-48DD-AF3B-398E9F09B060 5/18/2020 5/19/2020 5/19/2020 5/20/2020 5/20/2020 5/21/2020 CITY OF CARLSBAD San Diego County California CONTRACT DOCUMENTS, GENERAL PROVISIONS, SUPPLEMENT AL PROVISIONS, AND TECHNICAL SPECIFICATIONS FOR STAGECOACH COMMUNITY PARK SYNTHETIC TURF REPLACEMENT CONTRACT NO. 4742 BID NO. PWS20-832PKS l". •ff Revised 6/12/18 Contract No. 4742 Page 1 of 104 TABLE OF CONTENTS Notice Inviting Bids ................................................................................................................ 6 Contractor's Proposal ........................................................................................................... 11 Bid Security Form ................................................................................................................. 17 Bidder's Bond to Accompany Proposal ................................................................................. 18 Guide for Completing the "Designation of Subcontractors" Form .......................................... 19 Designation of Subcontractor and Amount of Subcontractor's Bid Items .............................. 21 Bidder's Statement of Technical Ability and Experience ........................................................ 22 Bidder's Certificate of Insurance for General Liability, Employers' Liability, Automotive Liability and Workers' Compensation .................................................................................... 23 Bidder's Statement Re Debarment. ....................................................................................... 24 Bidder's Disclosure of Discipline Record ..................................................................... 25 Noncollusion Declaration to Be Executed by Bidder and Submitted with Bid ........................ 27 Contract Public Works .......................................................................................................... 28 Labor and Materials Bond ..................................................................................................... 35 Faithful Performance/Warranty Bond .................................................................................... 37 Optional Escrow Agreement for Surety Deposits in Lieu of Retention ................................... 39 {'\ •+;' Revised 6/12/18 Contract No. 4742 Page 2 of 104 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 6-3 6-4 6-5 6-6 6-7 6-8 6-9 GENERAL PROVISIONS Terms, Definitions Abbreviations and Symbols Terms ........................................................................................................... 43 Definitions ..................................................................................................... 43 Abbreviations ................................................................................................ 46 Units of Measure ........................................................................................... 49 Symbols ........................................................................................................ 50 Scope and Control of The Work Award and Execution of Contract .................................................................. 51 Assignment ................................................................................................... 51 Subcontracts ................................................................................................. 51 Contract Bonds ............................................................................................. 52 Plans and Specifications ............................................................................... 53 Work to be Done ........................................................................................... 57 Subsurface Data ........................................................................................... 57 Right-of-Way ................................................................................................. 57 Surveying ...................................................................................................... 57 Authority of Board and Engineer ................................................................... 61 Inspection ..................................................................................................... 62 Changes in Work Changes Requested by the Contractor ......................................................... 63 Changes Initiated by the Agency .................................................................. 63 Extra Work .................................................................................................... 64 Changed Conditions ..................................................................................... 67 Disputed Work .............................................................................................. 68 Control of Materials Materials and Workmanship .......................................................................... 74 Materials Transportation, Handling and Storage ............................................ 78 Utilities Location ........................................................................................................ 79 Protection ..................................................................................................... 79 Removal ....................................................................................................... 80 Relocation ..................................................................................................... 80 Delays .......................................................................................................... 81 Cooperation .................................................................................................. 81 Prosecution, Progress and Acceptance of the Work Construction Schedule and Commencement of Work .................................... 82 Prosecution of Work ..................................................................................... 86 Suspension of Work ...................................................................................... 86 Default by Contractor .................................................................................... 87 Termination of Contract ................................................................................ 88 Delays and Extensions of Time ..................................................................... 88 Time of Completion ....................................................................................... 89 Completion, Acceptance, and Warranty ........................................................ 89 Liquidated Damages ..................................................................................... 90 l'\ •ff Revised 6/12/18 Contract No. 4742 Page 3 of 104 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 Section 9 9-1 9-2 9-3 9-4 Use of Improvement During Construction ..................................................... 90 Responsibilities of the Contractor Contractor's Equipment and Facilities ........................................................... 91 Labor ............................................................................................................ 91 Liability Insurance ......................................................................................... 91 Workers' Compensation Insurance ............................................................... 91 Permits ......................................................................................................... 92 The Contractor's Representative .................................................................. 92 Cooperation and Collateral Work .................................................................. 92 Project Site Maintenance .............................................................................. 93 Protection and Restoration of Existing Improvements .................................... 95 Public Convenience and Safety .................................................................... 95 Patent Fees or Royalties ............................................................................... 98 Advertising .................................................................................................... 98 Laws to be Observed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ................................................ 98 Antitrust Claims ............................................................................................. 98 Facilities for Agency Personnel General ......................................................................................................... 99 Measurement and Payment Measurement of Quantities for Unit Price Work ........................................... 100 Lump Sum Work ......................................................................................... 100 Payment ..................................................................................................... 100 Bid Items ..................................................................................................... 103 {'\ •,r Revised 6/12/18 Contract No. 4742 Page 4 of 104 SUPPLEMENTAL PROVISIONS TO PART 3 OF THE SSPWC PART3 Construction Methods Technical Specifications ........................................................................................... 104 TECHNICAL SPECIFICATIONS DIVISION 01 -GENERAL REQUIREMENTS 010100 Summary of Work DIVISION 02 -SITE WORK 011100 Site Preparation DIVISION 03 -CONCRETE 033000 Sitework Concrete DIVISION 11 -EQUIPMENT 116824 Exterior Athletic Equipment DIVISION 32 -EXTERIOR IMPROVEMENTS In-filled Synthetic Turf 321823 323113 Chain Link Fencing and Gates DIVISION 33-UTILITIES 334616 334623 Field Subsurface Drainage Field Permeable Aggregate l' •,;' Revised 6/12/18 Contract No. 4742 Page 5 of 104 CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS Until 11 a.m. on August 29, 2019, 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: The work includes installation and maintenance of temporary erosion and sedimentation controls; demolition and disposal of existing infilled synthetic turf and infill materials; re-use of existing per- meable aggregate base materials; removal of existing natural turf and bullpen surfacing and in- stallation of new subsurface drainage lateral piping and connection to existing structures; finish grading of existing permeable aggregate surface with addition of new material as required; instal- lation of a new perimeter edge nailer to existing concrete paving and curbs; furnish and install soccer goals and anchors; installation of infilled synthetic turf surfacing including tufted and inlaid lines and markings; fencing; concrete curbs; clean-up and demobilization. Alternate work items include furnish and install a supplemental pad system above the permeable aggregate and below the synthetic turf. STAGECOACH COMMUNITY PARK SYNTHETIC TURF REPLACEMENT CONTRACT NO. 4742 BID NO. PWS20-832PKS INSTRUCTIONS TO BIDDERS AND BID REQUIREMENTS This bid and the terms of the Contract Documents and General Provisions constitute an irrevoca- ble offer that shall remain valid and in full force for a period of 90 days and such additional time as may be mutually agreed upon by the City of Carlsbad and the Bidder. No bid will be received unless it is made on a proposal form furnished by the Purchasing Depart- ment. Each bid must be accompanied by security in a form and amount required by law. The bidder's security of the second and third next lowest responsive bidders may be withheld until the Contract has been fully executed. The security submitted by all other unsuccessful bidders shall be returned to them, or deemed void, within ten (10) days after the Contract is awarded. Pursuant to the provisions of law (Public Contract Code section 10263), appropriate securities may be sub- stituted for any obligation required by this notice or for any monies withheld by the City to ensure performance under this Contract. Section 10263 of the Public Contract Code requires monies or securities to be deposited with the City or a state or federally chartered bank in California as the escrow agent. The escrow agent shall maintain insurance to cover negligent acts and omissions of the agent in connection with the handling of retentions under this section in an amount not less than $100,000 per contract. The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidding when a contractor or subcontractor has been debarred by the City of Carlsbad or another juris- diction in the State of California as an irresponsible bidder. The work shall be performed in strict conformity with the plans, provisions, and specifications as approved by the City Council of the City of Carlsbad on file with the City Clerk's Department. The specifications for the work include City of Carlsbad Technical Specifications and the Standard Specifications for Public Works Construction, Parts 2 & 3, current edition at time of bid opening all hereinafter designated "SSPWC", as amended. Specification Reference is hereby made to the ,, •+;' Revised 6/12/18 Contract No. 4742 Page 6 of 104 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 contrac- tors 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) 11. Required Submittal Information Checklist (Inclusive) ENGINEER'S ESTIMATE: All bids will be compared on the basis of the Engineer's Estimate. The estimated quantities are approximate and serve solely as a basis for the comparison of bids. The Engineer's Estimated range is $1.5M -1.6M. TIME OF COMPLETION: The contractor shall complete the Work within the time set in the contract as defined in the General Provisions Section 6-7. SPECIAL TY CONTRACTORS: ACCEPTABLE LICENSE TYPES Except as provided herein a bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City. In all contracts where federal funds are involved, no bid submit- ted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. Where federal funds are involved the contractor shall be properly licensed at the time the contract is awarded. In all other cases the contractor shall state their license number, expiration date and classification in the proposal, under penalty of perjury. This invitation to bid does not involve federal funds. The following classifications are acceptable for this contract: A -General Engineering Contractor and D-12 -Synthetic Products Contractor. l' •ff Revised 6/12/18 Contract No. 4742 Page 7 of 104 ESCROW AGREEMENT If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of the usual 5% retention from each payment, these documents must be completed and sub- mitted with the signed contract. The escrow agreement may not be substituted at a later date. OBTAINING PLANS AND SPECIFICATIONS Bid packages, various supplemental provisions and Contract documents may be obtained on the City of Carlsbad web site at www.carlsbadca.gov. Paper copies will not be sold. INTENT OF PLANS AND SPECIFICATIONS Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings, specifications or other contract documents, or finds discrepancies in or omissions from the draw- ings and specifications may submit to the Engineer a written request for clarification or correction. Any response will be made only by a written addendum duly issued by the Engineer a copy of which will be mailed or delivered to each person receiving a set of the contract documents. No oral response will be made to such inquiry. Prior to the award of the contract, no addition to, modification of or interpretation of any provision in the contract documents will be given by any agent, employee or contractor of the City of Carlsbad except as herein before spec- ified. No bidder may rely on directions given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. 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, de- tails or specification sheets. The cutoff date to submit questions regarding this project is 5 p.m. on August 19, 2019. No Ques- tions will be entertained after this date. The answers to questions submitted during the bidding period will be published in an addendum and provided to those bidding the project by 5 p.m. on August 22, 2019. REJECTION OF BIDS The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. PREVAILING WAGE TO BE PAID The general prevailing rate of wages for each craft or type of worker needed to execute the Con- tract shall be those as determined by the Director of Industrial Relations pursuant to the sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a current copy of applicable wage rates is on file in the Office of the City Engineer. The Contractor to whom the Contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the Contract. The Prime Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and l' •,;' Revised 6/12/18 Contract No. 4742 Page 8 of 104 Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the purposes of section 4107 and 4107.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. The Prime Contractor and all subcontractors shall comply with Section 1776 of the Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require all subcontractors to comply with Section 1776. MANDATORY PRE-BID MEETING A MANDATORY pre-bid meeting and tour of the project site will be held at 8:30 a.m. on August 14, 2019 at Stagecoach Community Park, 3420 Camino De Los Caches, Carlsbad, CA 92009. UNIT PRICES AND COMPUTATION OF BIDS All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or written in with ink and must be initialed in ink by a person authorized to sign for the Contractor. ADDENDA Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid. BOND AND INSURANCE REQUIREMENTS The Contractor shall provide bonds to secure faithful performance and warranty of the work in an amount equal to one hundred percent (100%) of the Contract price on this project. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to one hundred percent (100%) of the total amount payable by the terms of the contract. These bonds shall be kept in full force and effect during the course of this project and shall extend in full force and effect and be retained by the City until they are released as stated in the General Pro- visions section of this contract. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to be accompanied by the following documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commis- sioner. ,, •ff Revised 6/12/18 Contract No. 4742 Page 9 of 104 If the bid is accepted, the City may require copies of the insurer's most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Article 10 (commenc- ing with section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar days of the insurer's receipt of a request to submit the statements. Insurance is to be placed with insurers that: 1) Have a rating in the most recent Best's Key Rating Guide of at least A-:VII 2) Are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner. Auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated above for all insurance companies. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. Workers' compensation insurance required under this contract must be offered by a company meeting the above standards with the exception that the Best's rating condition is waived. The City does accept policies issued by the State Compensation Fund meeting the requirement for workers' compensation insurance. The Contractor shall be required to maintain insurance as specified in the Contract. Any additional cost of said insurance shall be included in the bid price. The award of the contract by the City Council is contingent upon the Contractor submitting the required bonds and insurance, as described in the contract, within twenty days of bid opening. If the Contractor fails to comply with these requirements, the City may award the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. 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. 2019-132, adopted on the 23rd day of July 2019. July 24, 2019 c:2!2--- Date Graham Jordan, Deputy Clerk ,, •+;' Revised 6/12/18 Contract No. 4742 Page 10 of 104 r l..,;·\ ..... CITY OF CARLSBAD ' STAGECOACH COMMUNITY PARK SYNTHETIC TURF REPLACEMENT CONTRACT NO. 4742 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. 4742 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" STAGECOACH COMMUNITY PARK SYNTHETIC TURF REPLACEMENT Item No. Description A-1 Mobilization at f1ETEJz T~S~N~ })0_'1> _\J_N (Price in Words) Approximate Quantity And Unit Not to Exceed $15,000 A-2 Removal and Disposal of Ex-LS i~ijng Synthe~ic Turf, at l\ln-1!'1-Sf""VtN T~\}-;AN\) DcY--M.-S ~u€v,,.) A-3 (Price in Words) Import and Placement of Per-700 TON meable Aggregate s \ i?(:t '1 -fw~ 1)a, Y-A6 £°'1~N (Unit Price in Words) l' •;;' Revised 6/12/18 Contract No. 4742 Unit Price (Figures) oa. , ___ Total Amount (Figures) cA $ t£ cxr1- Page 11 of 104 Item No. Description Approximate Quantity And Unit Unit Price (Figures) A-4 Regrade Existing Permeable 185,750 SF $ • 25 ___;=:;__.:..__:::___ Aggregate Base at T\.Ul:? l\1T4 f, V€ LENT'S (Unit Price in Words) A-5 Remove and Replace Syn-2,110 LF ID~ $ ____ _ thetic Turf Edge Nailer at Tru DouA~ ~f"N (Unit Price in Words) A-6 Synthetic Turf Materials at 185 750 SF T~q ~U-5~~ ~P , : I~ -ve' ~tS (Unit Price in Words) A-7 Stnthetic Turf Installation at 185 750 SF $ ~llitfTj-f\\Jt UNT"S-, ---- (Unit Price in Words) A-8 Synthetic Turf Infill Materials 185,750 SF $ at 0µ~ pou..A~ AND f, F-TvJ -f,\)e: u~·rc•~ (Unit Price in Words) A-9 Install Synthetic Turf Infill 185,750 SF $ Materials at ----- }}-\, R..T"\ -r,~€ lr:Nf~ Total Amount (Figures) $ 4to 1'13l-s:Q 5'0 $ ~t;;, O I z_ --- (Unit Price in Words) A-10 Furnish and Install Modified 4 EA at,;.~ $ & ,s1Jo-$ zes, coo~ Soccer Goals and Anchors ats ,-; I '1-I \-f-0 \) ~ A. tJ~ Fw~ \\\) Nu{t.~o f\lc ~ (Unit Price in Words) {~ •+r Revised 6/12/18 Contract No. 4742 Page 12 of 104 Item No. Description Approximate Quantity And Unit Unit Price (Figures) .,a Total Amount (Figures) 0~ A-11 Furnish and Install Primary Soccer Goal Anchors and Anchors 4 EA $ 1;500-$3&,oco- a~ -•l-l~ ~SA-1\lJ) \~I!: 14 &,~):> ~UA'l.5 ~~,-J (Unit Price in Words) A-12 Furnish and Install Synthetic 1 LS Turf Surfacing, Complete at non-field area including natu- ral turf removal, irrigation sys- tem adjustments, drainage, aggregate base, concrete curb, fencing, edge nailer, ba- ses, plates and infilled syn- fu~c ~rf ~ ON~ » V iJ ~ ,u ~ 7i~;rJ I ).\O\l9\ r-J.b PM LA-fl~ £\J£N (Price in Words) A-13 Site Clean-Up, Demobiliza- tion, Punch List and Warran- ties F, F-J.1 Ttto\).)A N~ (Price in Words) 1 LS ~ $ HO,ooo $ S-0 , OCX) ££ TotalamountofbidinwordsforSchedule"A": ON(° MtlLIOr-!., Jo0a... »v,\JOl..~ E 11, .-rt 1 -N, rJt T l-kl\Jl.#tt:11> ,I""" 1k N~ lift> ]I l 12..1j StveN )). w><.L ~ + Fi $, Total amount of bid in numbers for Schedule "A":$ \ I 4~'1 i 2 "3 7 ~ SCHEDULE "B" STAGECOACH PARK SYNTHETIC TURF REPLACEMENT B-1 SWPPP 1 LS at Fifteen Thousand and no/100 (Price in Words) Total amount of bid in words for Schedule "B": Fifteen Thousand Dollars and no/ 100 Total amount of bid in numbers for Schedule "B'': $15,000 $15,000 l' •fi Revised 6/12/18 Contract No. 4742 Page 13 of 104 The City shall determine the low bid based on Schedule "A" and Additive Alternative Schedule "B". After the low bid has been determined, the City may, at its sole discretion, award the Contract for Schedule "A" alone or for Schedule "A" and Additive Alternative Schedule "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 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 833470 , classification A. B, c-12, C-27 & 0-12 which expires on 03/31/2020 , and Department of Industrial Relations PWC registration num- ber 1000000584 which expires on 06/30/2020 , and that this statement is true and correct and has the legal effect of an affidavit. A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City § 7028.1 S(e). In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. However, at the time the contract is awarded, the contractor shall be properly licensed. The Undersigned bidder hereby represents as follows: 1. That no Council member, officer agent, or employee of the City of Carlsbad is personally interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no representation, oral or in writing, of the City Council, its officers, agents, or employees has inducted him/her to enter into this Contract, excepting only those contained in this form of Contract and the papers made a part hereof by its terms; and 2. That this bid is made without connection with any person, firm, or corporation making a bid for the same work, and is in all respects fair and without collusion or fraud. Accompanying this proposal is _B_o_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 which requires every employer to be insured against liability for workers' compensation or to undertake self-in- surance in accordance with the provisions of that code, and agrees to comply with such provisions before commencing the performance of the work of this Contract and continue to comply until the contract is complete. l' •ff Revised 6/12/18 Contract No. 4742 Page 14 of 104 The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2, relative to the general prevailing rate of wages for each craft or type of worker needed to execute the Contract and agrees to comply with its provisions. IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: (1) Name under which business is conducted Section Not Applicable (2) Signature (given and surname) of proprietor (3) Place of Business (Street and Number) City and State ___________________________ _ (4) Zip Code ________ Telephone No. ______________ _ (5) E-Mail _____________________ _ IF A PARTNERSHIP, SIGN HERE: ( 1) Name under which business is conducted ___ S_e_c_ti_o_n_N_o_t_A_p_p_l_ic_a_b_le ______ _ (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 _____________________ _ {"\ •+r Revised 6/12/18 Contract No. 4742 Page 15 of 104 IF A CORPORATION, SIGN HERE: (1) Name under which business is conducted Ohno Construction Company (2)~,~~~~LL..,.,::::....=~~~~~~~==----- (Signature) / Richard Brangwin Vice President (Title) Impress Corporate Seal here (3) Incorporated under the laws of the State of _W_a_s_h_in_g_to_n _____ _ (4) Place of Business 16398 Boyle Avenue City and State Fontana, CA (Street and Number) (5) Zip Code _9_2_3_3_7 ______ Telephone No. 619-278-8824 (6) E-Mail ohnocc@comcast.net or estimating@ohnoconstruction.com 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: Yoshie Ohno -President Richard Brangwin -Vice President Michie Marcus Ohno -Chief Operating Officer/T_re_a_s_u_re_r __________ _ Barbara Ohno -Secretary l' •+r' Revised 6/12/18 Contract No. 4742 Page 16 of 104 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT "A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document." State of California County of San Bernardino On September 12, 2019 before me Kimberly S Brady, Notary Public, personally appeared Richard Brangwin, who proved to me on the basis of satisfactory evident to be the person whose name~ subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his 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. (Notary Seal) ADDITIONAL OPTIONAL INFORMATION Instructions for completing this form Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such o document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial working and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgement. • Date of notarization must be the date that the signer(s) personally appeared before the notary public for acknowledgment. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they, is 1-or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. o Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. o Indicate title or type of attached document, number of pages and date o Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document. I DESCRIPTION OF THE ATTACHED DOCUMENT Stagecoach Community Park Contractors proposal Number of Pages§ Document Date 9/12/19 CAPACITY CLAIMED BY THE SIGNER 0 lndividual{s) ~ Corporate Officer Title: Vice President D Partner{s) 0 Attorney-in-Fact 0 Trustee{s) Oother __ Jurat "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 San Bernardino Subscribed and sworn to (or affirmed) before me this 12th day of September, 2019 by Richard Brangwin. proved to me on the basis of satisfactory evidence to be the person who appeared before me. Signature of Notary Public OPTIONAL INFORMATION KIMBEi.L Y S. BRADY Notary Public -California S2° Be."wd1no Coontv Ccr:i:-n,ss1on # 2220060 1•':• Cor:im. Expires Oct 28. 2021 (Notary Seal) The wording of all Jvrats completed in California after Janvary, 2015 mvst be in the form set forth within this Jvrat. There are no exceptions. If a Jvrat to be completed does not follow this form, the notary mvst correct the verbiage by vsing a Jvrat stamp containing the correct wording or attaching a separate Jvrat form svch as this one which does contain proper wording. In addition, the notary mvst reqvire an oath or affirmation from the docvment signer regarding the trvthfvlness of the contents of the docvment. The docvment mvst be signed AFTER the oath or affirmation. If the docvment was previovsly signed, it mvst be resigned in front of the notary pvblic dvring Jvrat process. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the Ju rat process was completed. • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Signature of the notary public must match the signature on file with the office of the county clerk. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different Ju rat form. o Additional information is not required but could help to ensure this Ju rat is not misused or attached to a different document. o Indicate title or type of attached document, number of pages and date • Securely attach this document to the signed document. DESCRIPTION OF THE ATTACHED DOCUMENT Stagecoach Park Contractors Proposa I Number of Pages 6 Document Date 9/12/19 Example of an oath or affirmation to be asked by the notary prior to signing: "Do you swear or affirm that the statements made in the attached document are true to the best of your knowledge?" (The affiant must reply affirmatively.) BID SECURITY FORM (Check to Accompany Bid) STAGECOACH COMMUNITY PARK SYNTHETIC TURF REPLACEMENT CONTRACT NO. 4742 (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. Not Applicable 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.) l' •,;' Revised 6/12/18 Contract No. 4742 Page 17 of 104 BIDDER'S BOND TO ACCOMPANY PROPOSAL STAGECOACH COMMUNITY PARK SYNTHETIC TURF REPLACEMENT CONTRACT NO. 4742 KNOW ALL PERSONS BY THESE PRESENTS: That we, Ohno Construction Company , as Principal, and Travelers Casualty and Surety Company of America, 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 (lo%) of the total 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: STAGECOACH COMMUNITY PARK SYNTHETIC TURF REPLACEMENT CONTRACT NO. 4742 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. 12-\CHNd~ t;-__::jc:1"\N..b w l"-l 1 u-P (Print Name/Title) Jim S. Kuich, Attorney-in-fact (Print Name/Title) (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY -ATTACH ATT0RNEY-IN- FACT CERTIFICATE) APPROVED AS TO FORM: CELIA A. BREWER City Attorney l' •1F Revised 6/12/18 Contract No. 4742 Page 18 of 104 ATTORNEY-IN-FACT ACKNOWLEDGEMENT STATE OF WASHINGTON ) ) ss: COUNTY OF -=-=KIN==--.c...cG~ ______ ) On this 12th day of September, 2019, before me, the undersigned, a Notary Public in and for the said State, personally appeared Jim S. Kuich, known to me to be the Attomey-in- fact for Travelers Casualty and Surety Company of America, whose name is subscribed to the within instrument and acknowledged to me that he executed the same. ,,,, ..... ,,, ,,, M G 111 ,, ,~ '-o ,, ,, \. ········· ., -,.,,,, ' . ,v •• EX •• v~ .. , ' ~ ··-~\t--P. o·· ,,: ... ' ~ ••ri..~' ~ •• .A'\ , ..... (JV ~••)" -~ : ~ \ ~ : : ~ NOTARY k> : : (/)• w• : ~ : PUBLIC : 2 : -._,. ·o --. . ~ _, 1:>.·•.C'o ~" /R ::, ~ ~ ••.~41. NO b.b.~,•• 0 ~ , 0 .. .. ;__-.;: .. ,, 'f:' ········'(I., ..... ,, 1,11 WAS ,,,, '''"""''' My commission expires:9/21/2023 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT "A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document." State of California County of San Bernardino On September 12, 2019 before me Kimberly S Brady, Notary Public, personally appeared Richard Brangwin, who proved to me on the basis of satisfactory evident to be the person whose name~ subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his 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. WITNEoS my hand and official seal. l N 1 ~;-,/ 0 ············i )@ N~:~ii~;ic~~:~ia z j San Bernardino County ~ Commission # 2220060 ( ~ ~Comm.Expires Oct 28. ~21 J Signature of Notary Public (Notary Seal) ADDITIONAL OPTIONAL INFORMATION Instructions for completing this form Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial working and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgement. • Date of notarization must be the date that the signer(s) personally appeared before the notary public for acknowledgment. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they, is /aFe or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. o Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. o Indicate title or type of attached document, number of pages and date o Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document. I DESCRIPTION OF THE ATTACHED DOCUMENT Stagecoach Community Park Bid Bond Number of Pages 1 Document Date 9/12/19 CAPACITY CLAIMED BY THE SIGNER D lndividual(s) [8] Corporate Officer Title: Vice President D Partner(s) D Attorney-in-Fact D Trustee(s) Oother __ TRAVELERfr Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St.Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Julie M. Glover, S.M. Scott, Michael A. Murphy, Jim W. Doyle, Andy D. Prill, Jim S. Kuich, Chad M. Epple, Steve Wagner, Theresa A. Lamb, Carl M. Lovested Ill, Patti White, Teresa Glombecki, and Maxwell Martin, of Bothell, Washington, their true and lawful Attorney-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances.conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 3rd day of February, 2017 . State of Connecticut By: City of Hartford ss. Robert L. Raney, Sefiror-vice President On this the 3rd day of February, 2017, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he, as such, being authorized so to do, executed 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 hereunto set my hand and official seal. My Commission expires the 30th day of June, 2021 A ~ Marte C. Tetreault, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. To verify the authenticity of this Power of Attomey, please call us at 1-800--421-3880. Please refer to the above-named Attomey-in-Fact and the details of the bond to which the power is attached. GUIDE FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTORS" FORM REFERENCES Prior to preparation of the following "Subcontractor Disclosure Form" Bidders are urged to review the definitions in section 1-2 of the General Provisions to this Contract, especially, "Bid", "Bidder", "Contract", "Contractor", "Contract Price", "Contract Unit Price", "Engineer", "Own Organization", "Subcontractor", and "Work". Bidders are further urged to review sections 2-3 SUBCONTRACTS of the General Provisions. CAUTIONS This form will be used by the Agency to determine the percentage of work that the Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct information may result in rejection of the bid as non-responsive. Any bid that proposes perfor- mance of more than 50 percent of the work by subcontractors or otherwise to be performed by forces other than the Bidder's own organization will be rejected as non-responsive. Specialty items of work that may be so designated by the Engineer on the "Contractor's Proposal" are not included in computing the percentage of work proposed to be performed by the Bidder. INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every subcontractor whom the Bidder proposes to perform work or labor or render service in or about the work or improvement, and every subcontractor licensed as a contractor by the State of Cali- fornia whom the Bidder proposes to specially fabricate and install any portion of the work or im- provement according to detailed drawings contained in the plans and specifications in excess of one-half of one percent (0.5%) of the Bidder's total bid or, in the case of bids or offers for the construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000) whichever is greater. Said name(s) and location(s) of business of subcontractor(s) shall be set forth and included as an integral part of the bid offer. The Designation of Subcontractors form must be submitted as a part of the Bidder's sealed bid. Failure to provide complete and correct information may result in rejection of the bid as non- responsive. Suppliers of materials from sources outside the limits of work are not subcontractors. The value of materials and transport of materials from sources outside the limits of work, as shown on the plans, shall be assigned to the Contractor or the Subcontractor as the case may be, that the Bidder proposes as installer of said materials. The value of material incorporated in any Subcon- tractor-installed bid item that is supplied by the Bidder shall be included as a part of the work that the Bidder proposes to be performed by the Subcontractor installing said item. When a Subcontractor has a Carlsbad business license, the number must be entered on the proper form. If the Subcontractor does not have a valid business license, enter "NONE" in the appropriate space. When the Bidder proposes using a Subcontractor to construct or install less than 100 percent of a bid item, the Bidder shall attach an explanation sheet to the Designation of Subcontractor form. The explanation sheet shall clearly apprise the City of the specific facts that show the Bidder proposes to perform no less than fifty percent (50%) of the work with its own forces. Determination of the subcontract amounts for purposes of award of the contract shall be deter- mined by the City Council in conformance with the provisions of the contract documents and the various supplemental provisions. The decision of the City Council shall be final. {'\ • ., Revised 6/12/18 Contract No. 4742 Page 19 of 104 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' •,r Revised 6/12/18 Contract No. 4742 Page 20 of 104 DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS (To Accompany Proposal) STAGECOACH COMMUNITY PARK SYNTHETIC TURF REPLACEMENT CONTRACT NO. 4742 The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing this bid for the Work and that the listed subcontractors will be used to perform the portions of the Work as designated in this list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contract Code, "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of one-half of one percent (0.5%) of the Bidder's total bid, or in the case of bids or offers for construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000), whichever is greater, and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. SUBCONTRACTOR'S BID ITEMS Amount of Subcontractor Name Phone No. DIR Subcontractor's Portion of and and Email Registration License No. and Work by Work Subcontractor Location of Business Address No. Classification in Dollars* Ft: N(.., u.J '1 tu:?No f~t-.1,i: IN<... l'\5\ 08< 5dOO I t:li)()6 l z.qs "3~'"1":J-':;4 • ,. ,.,. L 52&1 -r~i.e-( ~. ''-€s-\tf> f.--r ,\ °2:> ~ ~ I ,...,,_., R,\l~o~,~~ . f/J. ~LJ-,£.--;.) ll.b.r~1w~te' .lll -., \31500-~ .. ..J )\)Q~ ts "1\la-~ ..\~°'" 1"7ts '"1-W c:p,r,, ·Zlc:ti I <Q'XJ5'-lo 2.L I O 3, l~ 7.(-) ~ %. 43--=,-==- til:i'M{') "5MI\M\\ITTtll T\\~ +~-kJ,f r5 /' c, \ ~ D 17 ' , II?,, r~.-1FIL /tor~ Irr (} A 'WI l(, \ · I.C:.i"I\ / {J+v,A v.~,A. l/'t-~w~ ,c:::: J (.; , . Page j_ of __l_ 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." {' • ., Revised 6/12/18 Contract No. 4742 Page 21 of 104 ~ BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE {To Accompany Proposal) STAGECOACH COMMUNITY PARK SYNTHETIC TURF REPLACEMENT CONTRACT NO. 4742 The Bidder is required to state what work of a similar character to that included in the proposed Contract he/she has successfully performed and give references, with telephone numbers, which will enable the City to judge his/her responsibility, experience and skill. An attachment can be used. Date Name and Address Name and Phone Amount Contract of the Employer No. of Person to Type of Work of Completed Contract Contract Yucaipa HS Turf Yucaipa-Calimesa USD David Stevenson Field sub base & synthe-$235,280 08/28/2019 12797 Third St., Yucaipa 92399 P: 909-797-0174 tic turf installation Carver MS Field ~i5s~~~~!nD_J;~~';,f~ent Ari Perelmuter -LAUSD Field sub base & synthe-$511,553 06/28/2019 Los Anaeles 90066 P: 213-745-3145 tic turf installation Fremont MS Turf LAUSD/Fredrik Towers Sean Kenny -LAUSD Field sub base & synthe-$623,552 3661 San Fernando Rd. 06/18/2019 Glendale 91204 P: 310-863-1859 tic turf installation Dlmally MS Field LAUSD/Fredrik Towers Sean Kenny -LAUSD Field sub base & synthe-$654,379 3661 San Fernando Rd. 0 /18/2019 Glendale 91204 P: 310-863-1859 tic turf installation Pasadena College Field Turf -903 N. Opdyke Rd. Cal Watson Field sub base, curbs, $357,359 03/29/2019 A1, Auburn Hills, Ml 48326 P: 858-353-2366 event areas, quick coupler YO Kim Academy LAUSD Nelly Velarde -LAUSD l=ield sub base & synthe-$881,478 10/20/2018 1f~; t~:,~~d~AA~'iv,17 P: 213-241-3447 ic turf installation, track Orange CC B-ball Orange CC Foundation Doug Bennett -OCCF l=ield sub-base, bull pens, $1,716,344 2701 Fairview Rd Field -12/08/2017 Costa Mesa 92526 P: 714-432-5126 batting cage, practice area Temescal Can7.on TELACU, 604 N. Eckhoff St., Donald Fansler -TELACU Sub bases for 1 baseball $1,129,113 HS Fields -01 2018 Orange, CA 92868 P: 714-541-2390 & 2 softball fields KARE Sports Park Kare Youth League c/o 5150 John Martin -KARE New sports complex with $6,112,171 08/25/2017 N. Fama Ave., Arcadia 91006 P: 626-483-2416 3 fields, buildings, courts SRHS #9 Fields LAUSD Richard Nguyen -LAUSD 2 softball & 1 baseball $12,371,571 10/18/2018 ~~: ;;,~;i!~~2l~'iio11 P: 213-241-4652 field, restroom, parking Lake Elsinore USD TELACU, 604 N. Eckhoff St., Donald Fansler -TELACU Football field, 2 tracks, $1,060,325 07/05/2017 Orange, CA 92868 P: 714-541-2390 2 softball fields Cerritos CC Field Field Turf -903 N. Opdyke Rd. Cal Watson Field sub base, cooling $875,000 08/04/2017 A1, Auburn Hills, Ml 48326 P: 858-353-2366 system, boring G. Wash Prep Field LAUSD Stacey Hayes -LAUSD Field sub base & synthe-$646,665 333 S. Beaud~lve. 09/26/2016 I no A -oloo Q/1017 P: 213-241-1289 ic turf installation UCLA Football Field PCL -500 N. Brand Blvd., Audrey NG -PCL ~ield sub base at new $2,015,000 08/18/2017 Ste 1500, Glendale, CA 91203 P: 818-246-3481 stadium Los Altos Track/Fielc Hacienda La Puente USO Robert Wilcox -HLPUSD Sub base for track & field, $3,582,500 01/24/2017 PO Box 60002, City of Industry 91716 P: 626-933-8705 utilities, electrical, events Wilson Track & Field Hacienda La Puente USD Robert Wilcox -HLPUSD Sub base for track & field, $3,737,987 01/24/2017 PO Box 60002, City of Industry 91716 P: 626-933-8705 utilities, electrical, events Compton CC Field Compton CCD -111 E. Artesia Stephen Bachor -PCM3 Sub base for field, cooling $1,129,806 09/04/2015 Blvd., Compton 90211 P: 909-980-6716 svstem electrical Drollin~er/Hannon LMU -1 LMU Drive April Patterson -LMU Sub bases for 1 natural $1,812,125 09/25/ 015 Los Angeles 90045 P: 310-403-4030 & 1 svnthetic turf field Jones/Kennedy USC -3434 S. Grand Ave. Anthony Mugavero -USC Sub bases for 1 natural $1,008,693 06/05/2015 Los Angeles 90089 P: 213-740-3069 I& 1 synthetic turf field UCLA Fields UCLA-221 Westwood Plaza Brian Smith -UCLA Rec Sub bases for 333,000 ~4.086,807 05/31/2015 Los Angeles 90095 P: 310-663-6590 SF synthetic field area Poinsettia Park Fielc City of Carlsbad -1635 Farada} Kyle Lancaster -Parks & Rec !Sub base for synthetic $662,679 03/01/2015 Ave., Carlsbad 92008 P: 760-434-2941 urf field, soccer goals {'\ •~ Revised 6/12/18 Contract No. 4742 Page 22 of 104 BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION {To Accompany Proposal) STAGECOACH COMMUNITY PARK SYNTHETIC TURF REPLACEMENT CONTRACT NO. 4742 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: g° Comprehensive General Liability Q' Automobile Liability \it Workers Compensation -ft Employer's Liability 2) Statement with an insurance carrier's notarized signature stating that the carrier can, and upon payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for Comprehensive General Liability, Automobile Liability, Workers Compensation and Employer's Liability in conformance with the requirements herein and Certificates of in- surance to the Agency showing conformance with the requirements herein. All certificates of insurance and statements of willingness to issue insurance for auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated in The Notice Inviting Bids and the General Provisions for this project for each insurance company that the Contractor proposes. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. {'\ • ., Revised 6/12/18 Contract No. 4742 Page 23 of 104 ~ OHNOCON-01 M-•n1-1N~nN ACORD" CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDNYYY) '-...---9/26/2019 I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS 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 CONTACT NAME: Hub International Northwest LLC rtg,NJo, Ext): (425) 489-4500 I FAX P.O. Box 3018 (AIC, No):(425) 485-8489 Bothell, WA 98041 ~~"AJl,55, now.info@hubinternational.com INSURER($) AFFORDING COVERAGE NAIC# INSURER A: Charter Oak Fire Insurance Company 25615 INSURED INSURER B: The Travelers Indemnity Company of Connecticut 25682 Ohno Construction Company INSURER c : Travelers Property Casualty Company of America 25674 9416 MLK Jr. Way S. INSURER D: Seattle, WA 98118 INSURER 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. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS ITR •••en ,.n,n TY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 -D CLAIMS-MADE oo OCCUR DAMAGE TO RENTED 300,000 X X DT-C0-3K011336-COF-18 12/6/2018 12/6/2019 PREM'""'' (Ea occurron,01 $ MED EXP (Anv one oerson\ $ 5,000 - PERSONAL & ADV INJURY $ 1,000,000 -2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ Fl POLICY 00 ~re>i= □ LOC PRODUCTS -COMP/OP AGG $ 2,000,000 OTHER: $ B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 /Ea accident\ $ f---------X ANY AUTO X X 810-1 L308642-18-26-G 12/6/2018 12/6/2019 BODILY INJURY (Per oersonl $ ~ OWNED ~ SCHEDULED -- ~ AUTOS ONLY ~ AUTOS BODILY INJURY (Per accident\ $ HIRED NON-OWNED PROPERTY DAMAGE ~ AUTOS ONLY ,-AUTOS ONLY (Per accident\ $ $ C X UMBRELLA LIAB ~ OCCUR EACH OCCURRENCE $ 2,000,000 f--------- CUP-4K321416-18-26 12/6/2018 12/6/2019 EXCESS LIAB CLAIMS-MADE X X AGGREGATE $ 2,000,000 OED I X I RETENTION$ 10,000 $ C WORKERS COMPENSATION XI ~'ffruTE I I OTH-AND EMPLOYERS' LIABILITY ER Y/N X UB-8J591529-18-26-G 12/6/2018 12/6/2019 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE □ E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A 1,000,000 (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE $ If yes, describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) RE: Contract #4742, Stagecoach Park Synthetic Turf Replacement, 3420 Camino de los Coches Carlsbad, CA 92009 The City of Carlsbad, its officials, employees and volunteers are included as Additional Insured, coverage is primary and non-contributory and waiver of subrogation applies per the attached forms/endorsements. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Carlsbad/CMWD THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. c/o EXIGIS Insurance Compliance Services PO Box 4668 -ECM #35050 New York, NY 10163-4668 AUTHORIZED REPRESENTATIVE I -5n--- ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED -(Section II) is amended to include any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Cover- age Part, but: a) Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b) If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. 2. The insurance provided to the additional insured by this endorsement is limited as follows: a) In the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance", the in- surance provided to the additional insured shall be limited to the limits of liability re- quired by that "written contract requiring in- surance". This endorsement shall not in- crease the limits of insurance described in Section Ill -Limits Of Insurance. b) The insurance provided to the additional in- sured does not apply to "bodily injury", "prop- erty damage" or "personal injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or sur- veying services, including: i. The preparing, approving, or failing to prepare or approve, maps, shop draw- ings, opinions, reports, surveys, field or- ders or change orders, or the preparing, approving, or failing to prepare or ap- prove, drawings and specifications; and ii. Supervisory, inspection, architectural or engineering activities. c) The insurance provided to the additional in- sured does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products-completed op- erations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such "bodily injury" or "property damage" that oc- curs before the end of the period of time for which the "written contract requiring insur- ance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 3. The insurance provided to the additional insured by this endorsement is excess over any valid and collectible "other insurance", whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover under this endorsement. However, if the "written contract requiring insurance" specifically requires that this insurance apply on a primary basis or a primary and non-contributory basis, this insurance is primary to "other insurance" available to the additional insured which covers that person or organization as a named insured for such loss, and we will not share with that "other insurance". But the insurance provided to the additional insured by this endorsement still is excess over any valid and collectible "other in- surance", whether primary, excess, contingent or on any other basis, that is available to the addi- tional insured when that person or organization is an additional insured under such "other insur- ance". 4. As a condition of coverage provided to the additional insured by this endorsement: a) The additional insured must give us written notice as soon as practicable of an "occur- rence" or an offense which may result in a claim. To the extent possible, such notice should include: CG D2 46 08 05 © 2005 The St. Paul Travelers Companies, Inc. Page 1 of 2 COMMERCIAL GENERAL LIABILITY i. How, when and where the "occurrence" or offense took place; ii. The names and addresses of any injured persons and witnesses; and iii. The nature and location of any injury or damage arising out of the "occurrence" or offense. b) If a claim is made or "suit" is brought against the additional insured, the additional insured must: i. Immediately record the specifics of the claim or "suit" and the date received; and ii. Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c) The additional insured must immediately send us copies of all legal papers received in connection with the claim or "suit", cooperate with us in the investigation or settlement of the claim or defense against the "suit", and otherwise comply with all policy conditions. d) The additional insured must tender the de- fense and indemnity of any claim or "suit" to any provider of "other insurance" which would cover the additional insured for a loss we cover under this endorsement. However, this condition does not affect whether the insur- ance provided to the additional insured by this endorsement is primary to "other insur- ance" available to the additional insured which covers that person or organization as a named insured as described in paragraph 3. above. 5. The following definition is added to SECTION V. -DEFINITIONS: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or organization as an additional in- sured on this Coverage Part, provided that the "bodily injury" and "property damage" oc- curs and the "personal injury" is caused by an offense committed: a. After the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. Page 2 of 2 © 2005 The St. Paul Travelers Companies, Inc. CG D2 46 08 05 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS XTEND ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE -This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. Aircraft Chartered With Pilot B. Damage To Premises Rented To You C. Increased Supplementary Payments D. Incidental Medical Malpractice E. Who Is An Insured -Newly Acquired Or Formed Organizations F. Who Is An Insured -Broadened Named Insured -Unnamed Subsidiaries G. Blanket Additional Insured -Owners, Managers Or Lessors Of Premises PROVISIONS A. AIRCRAFT CHARTERED WITH PILOT The following is added to Exclusion g., Aircraft, Auto Or Watercraft, in Paragraph 2. of SECTION I -COVERAGES -COVERAGE A BODILY IN- JURY AND PROPERTY DAMAGE LIABILITY: This exclusion does not apply to an aircraft that is: (a) Chartered with a pilot to any insured; (b) Not owned by any insured; and (c) Not being used to carry any person or prop- erty for a charge. B. DAMAGE TO PREMISES RENTED TO YOU 1. The first paragraph of the exceptions in Ex- clusion j., Damage To Property, in Para- graph 2. of SECTION I -COVERAGES - COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY is deleted. 2. The following replaces the last paragraph of Paragraph 2., Exclusions, of SECTION I - COVERAGES -COVERAGE A. BODILY H. Blanket Additional Insured -Lessors Of Leased Equipment I. Blanket Additional Insured -States Or Political Subdivisions -Permits J. Knowledge And Notice Of Occurrence Or Offense K. Unintentional Omission L. Blanket Waiver Of Subrogation M. Amended Bodily Injury Definition N. Contractual Liability -Railroads INJURY AND PROPERTY DAMAGE LI- ABILITY: Exclusions c. and g. through n. do not apply to "premises damage". Exclusion f.(1 )(a) does not apply to "premises damage" caused by: a. Fire; b. Explosion; c. Lightning; d. Smoke resulting from such fire, explosion, or lightning; or e. Water; unless Exclusion f. of Section I -Coverage A -Bodily Injury And Property Damage Liability is replaced by another endorsement to this Coverage Part that has Exclusion -All Pollu- tion Injury Or Damage or Total Pollution Ex- clusion in its title. A separate limit of insurance applies to "premises damage" as described in Para- graph 6. of SECTION Ill -LIMITS OF IN- SURANCE. CG D3 16 1111 © 2011 The Travelers Indemnity Company. All rights reserved. Page 1 of 6 COMMERCIAL GENERAL LIABILITY 3. The following replaces Paragraph 6. of SEC- TION Ill -LIMITS OF INSURANCE: Subject to 5. above, the Damage To Prem- ises Rented To You Limit is the most we will pay under Coverage A for damages because of "premises damage" to any one premises. The Damage To Premises Rented To You Limit will apply to all "property damage" proximately caused by the same "occur- rence", whether such damage results from: fire; explosion; lightning; smoke resulting from such fire, explosion, or lightning; or water; or any combination of any of these causes. The Damage To Premises Rented To You Limit will be: a. The amount shown for the Damage To Premises Rented To You Limit on the Declarations of this Coverage Part; or b. $300,000 if no amount is shown for the Damage To Premises Rented To You Limit on the Declarations of this Coverage Part. 4. The following replaces Paragraph a. of the definition of "insured contract" in the DEFINI- TIONS Section: a. A contract for a lease of premises. How- ever, that portion of the contract for a lease of premises that indemnifies any person or organization for "premises damage" is not an "insured contract"; 5. The following is added to the DEFINITIONS Section: "Premises damage" means "property dam- age" to: a. Any premises while rented to you or tem- porarily occupied by you with permission of the owner; or b. The contents of any premises while such premises is rented to you, if you rent such premises for a period of seven or fewer consecutive days. 6. The following replaces Paragraph 4.b.(1 )(b) of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS: (b) That is insurance for "premises damage"; or 7. Paragraph 4.b.(1)(c) of SECTION IV - COMMERCIAL GENERAL LIABILITY CON- DITIONS is deleted. C. INCREASED SUPPLEMENTARY PAYMENTS 1. The following replaces Paragraph 1.b. of SUPPLEMENTARY PAYMENTS -COVER- AGES A AND B of SECTION I -COVER- AGE: b. Up to $2,500 for the cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to fur- nish these bonds. 2. The following replaces Paragraph 1.d. of SUPPLEMENTARY PAYMENTS -COVER- AGES A AND B of SECTION I -COVER- AGES: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. D. INCIDENTAL MEDICAL MALPRACTICE 1. The following is added to the definition of "oc- currence" in the DEFINITIONS Section: "Occurrence" also means an act or omission committed in providing or failing to provide "incidental medical services", first aid or "Good Samaritan services" to a person. 2. The following is added to Paragraph 2.a.(1) of SECTION II -WHO IS AN INSURED: Paragraph (1)(d) above does not apply to "bodily injury" arising out of providing or fail- ing to provide: (i) "Incidental medical services" by any of your "employees" who is a nurse practi- tioner, registered nurse, licensed practical nurse, nurse assistant, emergency medi- cal technician or paramedic; or (ii) First aid or "Good Samaritan services" by any of your "employees" or "volunteer workers", other than an employed or vol- unteer doctor. Any such "employees" or "volunteer workers" providing or failing to provide first aid or "Good Samaritan ser- vices" during their work hours for you will be deemed to be acting within the scope of their employment by you or performing duties related to the conduct of your busi- ness. Page 2 of 6 © 2011 The Travelers Indemnity Company. All rights reserved. CG D3 16 11 11 3. The following is added to Paragraph 5. of SECTION Ill -LIMITS OF INSURANCE: For the purposes of determining the applica- ble Each Occurrence Limit, all related acts or omissions committed in providing or failing to provide "incidental medical services", first aid or "Good Samaritan services" to any one per- son will be deemed to be one "occurrence". 4. The following exclusion is added to Para- graph 2., Exclusions, of SECTION I -COV- ERAGES -COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY: Sale Of Pharmaceuticals "Bodily injury" or "property damage" arising out of the willful violation of a penal statute or ordinance relating to the sale of pharmaceuti- cals committed by, or with the knowledge or consent of, the insured. 5. The following is added to the DEFINITIONS Section: "Incidental medical services" means: a. Medical, surgical, dental, laboratory, x-ray or nursing service or treatment, advice or instruction, or the related furnishing of food or beverages; or b. The furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances. "Good Samaritan services" means any emer- gency medical services for which no compen- sation is demanded or received. 6. The following is added to Paragraph 4.b., Ex- cess Insurance, of SECTION IV -COM- MERCIAL GENERAL LIABILITY CONDI- TIONS: The insurance is excess over any valid and collectible other insurance available to the in- sured, whether primary, excess, contingent or on any other basis, that is available to any of your "employees" or "volunteer workers" for "bodily injury" that arises out of providing or failing to provide "incidental medical ser- vices", first aid or "Good Samaritan services" to any person to the extent not subject to Paragraph 2.a.(1) of Section II -Who Is An Insured. E. WHO IS AN INSURED -NEWLY ACQUIRED OR FORMED ORGANIZATIONS The following replaces Paragraph 4. of SECTION II -WHO IS AN INSURED: COMMERCIAL GENERAL LIABILITY 4. Any organization you newly acquire or form, other than a partnership, joint venture or lim- ited liability company, of which you are the sole owner or in which you maintain the ma- jority ownership interest, will qualify as a Named Insured if there is no other insurance which provides similar coverage to that or- ganization. However: a. Coverage under this provision is afforded only: (1) Until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier, if you do not report such organization in writing to us within 180 days after you acquire or form it; or (2) Until the end of the policy period, when that date is later than 180 days after you acquire or form such organization, if you report such organization in writing to us within 180 days after you acquire or form it, and we agree in writing that it will con- tinue to be a Named Insured until the end of the policy period; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal in- jury" or "advertising injury" arising out of an offense committed before you acquired or formed the organization. F. WHO IS AN INSURED -BROADENED NAMED INSURED -UNNAMED SUBSIDIARIES The following is added to SECTION II -WHO IS AN INSURED: Any of your subsidiaries, other than a partnership, joint venture or limited liability company, that is not shown as a Named Insured in the Declara- tions is a Named Insured if you maintain an own- ership interest of more than 50% in such subsidi- ary on the first day of the policy period. No such subsidiary is an insured for "bodily injury" or "property damage" that occurred, or "personal injury" or "advertising injury" caused by an of- fense committed after the date, if any, during the policy period, that you no longer maintain an ownership interest of more than 50% in such sub- sidiary. CG D3 16 11 11 © 2011 The Travelers Indemnity Company. All rights reserved. Page 3 of 6 COMMERCIAL GENERAL LIABILITY G. BLANKET ADDITIONAL INSURED -OWNERS, MANAGERS OR LESSORS OF PREMISES The following is added to SECTION II -WHO IS AN INSURED: Any person or organization that is a premises owner, manager or lessor and that you have agreed in a written contract or agreement to in- clude as an additional insured on this Coverage Part is an insured, but only with respect to liability for "bodily injury", "property damage", "personal injury" or "advertising injury" that: a. Is "bodily injury" or "property damage" that occurs, or is "personal injury" or "advertising injury" caused by an offense that is commit- ted, subsequent to the execution of that con- tract or agreement; and b. Arises out of the ownership, maintenance or use of that part of any premises leased to you. The insurance provided to such premises owner, manager or lessor is subject to the following pro- visions: a. The limits of insurance provided to such premises owner, manager or lessor will be the minimum limits which you agreed to pro- vide in the written contract or agreement, or the limits shown on the Declarations, which- ever are less. b. The insurance provided to such premises owner, manager or lessor does not apply to: (1) Any "bodily injury" or "property damage" that occurs, or "personal injury" or "adver- tising injury" caused by an offense that is committed, after you cease to be a tenant in that premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such premises owner, lessor or manager. c. The insurance provided to such premises owner, manager or lessor is excess over any valid and collectible other insurance available to such premises owner, manager or lessor, whether primary, excess, contingent or on any other basis, unless you have agreed in the written contract or agreement that this in- surance must be primary to, or non- contributory with, such other insurance, in which case this insurance will be primary to, and non-contributory with, such other insur- ance. H. BLANKET ADDITIONAL INSURED -LESSORS OF LEASED EQUIPMENT The following is added to SECTION II -WHO IS AN INSURED: Any person or organization that is an equipment lessor and that you have agreed in a written con- tract or agreement to include as an insured on this Coverage Part is an insured, but only with re- spect to liability for "bodily injury", "property dam- age", "personal injury" or "advertising injury" that: a. Is "bodily injury" or "property damage" that occurs, or is "personal injury" or "advertising injury" caused by an offense that is commit- ted, subsequent to the execution of that con- tract or agreement; and b. Is caused, in whole or in part, by your acts or omissions in the maintenance, operation or use of equipment leased to you by such equipment lessor. The insurance provided to such equipment lessor is subject to the following provisions: a. The limits of insurance provided to such equipment lessor will be the minimum limits which you agreed to provide in the written contract or agreement, or the limits shown on the Declarations, whichever are less. b. The insurance provided to such equipment lessor does not apply to any "bodily injury" or "property damage" that occurs, or "personal injury" or "advertising injury" caused by an of- fense that is committed, after the equipment lease expires. c. The insurance provided to such equipment lessor is excess over any valid and collectible other insurance available to such equipment lessor, whether primary, excess, contingent or on any other basis, unless you have agreed in the written contract or agreement that this insurance must be primary to, or non-contributory with, such other insurance, in which case this insurance will be primary to, and non-contributory with, such other in- surance. I. BLANKET ADDITIONAL INSURED -STATES OR POLITICAL SUBDIVISIONS -PERMITS The following is added to SECTION II -WHO IS AN INSURED: Any state or political subdivision that has issued a permit in connection with operations performed by you or on your behalf and that you are required Page 4 of 6 © 2011 The Travelers Indemnity Company. All rights reserved. CG D3 16 11 11 by any ordinance, law or building code to include as an additional insured on this Coverage Part is an insured, but only with respect to liability for "bodily injury", "property damage", "personal in- jury" or "advertising injury" arising out of such op- erations. The insurance provided to such state or political subdivision does not apply to: a. Any "bodily injury," "property damage," "per- sonal injury" or "advertising injury" arising out of operations performed for that state or po- litical subdivision; or b. Any "bodily injury" or "property damage" in- cluded in the "products-completed operations hazard". J. KNOWLEDGE AND NOTICE OF OCCUR- RENCE OR OFFENSE The following is added to Paragraph 2., Duties In The Event of Occurrence, Offense, Claim or Suit, of SECTION IV -COMMERCIAL GEN- ERAL LIABILITY CONDITIONS: e. The following provisions apply to Paragraph a. above, but only for the purposes of the in- surance provided under this Coverage Part to you or any insured listed in Paragraph 1. or 2. of Section II -Who Is An Insured: (1) Notice to us of such "occurrence" or of- fense must be given as soon as practica- ble only after the "occurrence" or offense is known by you (if you are an individual), any of your partners or members who is an individual (if you are a partnership or joint venture), any of your managers who is an individual (if you are a limited liability company), any of your "executive offi- cers" or directors (if you are an organiza- tion other than a partnership, joint venture or limited liability company) or any "em- ployee" authorized by you to give notice of an "occurrence" or offense. (2) If you are a partnership, joint venture or limited liability company, and none of your partners, joint venture members or man- agers are individuals, notice to us of such "occurrence" or offense must be given as soon as practicable only after the "occur- rence" or offense is known by: (a) Any individual who is: (i) A partner or member of any part- nership or joint venture; COMMERCIAL GENERAL LIABILITY (ii) A manager of any limited liability company; or (iii) An executive officer or director of any other organization; that is your partner, joint venture member or manager; or (b) Any "employee" authorized by such partnership, joint venture, limited li- ability company or other organization to give notice of an "occurrence" or offense. (3) Notice to us of such "occurrence" or of an offense will be deemed to be given as soon as practicable if it is given in good faith as soon as practicable to your work- ers' compensation insurer. This applies only if you subsequently give notice to us of the "occurrence" or offense as soon as practicable after any of the persons de- scribed in Paragraphs e. (1) or (2) above discovers that the "occurrence" or offense may result in sums to which the insurance provided under this Coverage Part may apply. However, if this Coverage Part includes an en- dorsement that provides limited coverage for "bodily injury" or "property damage" or pollution costs arising out of a discharge, release or es- cape of "pollutants" which contains a requirement that the discharge, release or escape of "pollut- ants" must be reported to us within a specific number of days after its abrupt commencement, this Paragraph e. does not affect that require- ment. K. UNINTENTIONAL OMISSION The following is added to Paragraph 6., Repre- sentations, of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS: The unintentional omission of, or unintentional error in, any information provided by you which we relied upon in issuing this policy will not preju- dice your rights under this insurance. However, this provision does not affect our right to collect additional premium or to exercise our rights of cancellation or nonrenewal in accordance with applicable insurance laws or regulations. L. BLANKET WAIVER OF SUBROGATION The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV -COMMERCIAL GENERAL LI- ABILITY CONDITIONS: CG D3 16 1111 © 2011 The Travelers Indemnity Company. All rights reserved. Page 5 of 6 COMMERCIAL GENERAL LIABILITY If the insured has agreed in a contract or agree- ment to waive that insured's right of recovery against any person or organization, we waive our right of recovery against such person or organiza- tion, but only for payments we make because of: a. "Bodily injury" or "property damage" that oc- curs; or b. "Personal injury" or "advertising injury" caused by an offense that is committed; subsequent to the execution of that contract or agreement. M. AMENDED BODILY INJURY DEFINITION The following replaces the definition of "bodily injury" in the DEFINITIONS Section: 3. "Bodily injury" means bodily injury, mental anguish, mental injury, shock, fright, disability, humiliation, sickness or disease sustained by a person, including death resulting from any of these at any time. N. CONTRACTUAL LIABILITY -RAILROADS 1. The following replaces Paragraph c. of the definition of "insured contract" in the DEFINI- TIONS Section: c. Any easement or license agreement; 2. Paragraph f.(1) of the definition of "insured contract" in the DEFINITIONS Section is de- leted. Page 6 of 6 © 2011 The Travelers Indemnity Company. All rights reserved. CG D3 16 1111 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY ISSUE DATE: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY DESIGNATED PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Project(s): EACH "PROJECT" FOR WHICH YOU HAVE AGREED, IN A WRITTEN CONTRACT WHICH IS IN EFFECT DURING THIS POLICY PERIOD, TO PROVIDE A SEPARATE GENERAL AGGREGATE LIMIT, PROVIDED THAT THE CONTRACT IS SIGNED AND EXECUTED BY YOU BEFORE THE "BODILY INJURY" OR "PROPERTY DAMAGE" OCCURS. A. For all sums which the insured becomes legally obligated to pay as damages caused by "occur- rences" under COVERAGE A. (SECTION I), and for all medical expenses caused by accidents un- der COVERAGE C (SECTION I), which can be attributed only to operations at a single desig- nated "project" shown in the Schedule above: 1. A separate Designated Project General Ag- gregate Limit applies to each designated "pro- ject", and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations, unless separate Designated Project General Aggregate(s) are sched- uled above. 2. The Designated Project General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A., except damages because of "bodily injury" or "prop- erty damage" included in the "products- completed operations hazard", and for medi- cal expenses under COVERAGE C, regard- less of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". Designated Project General Aggregate(s): GENERAL AGGREGATE LIMIT SHOWN ON THE DECLARATIONS. 3. Any payments made under COVERAGE A. for damages or under COVERAGE C. for medical expenses shall reduce the Desig- nated Project General Aggregate Limit for that designated "project". Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they re- duce any other Designated Project General Aggregate Limit for any other designated "project" shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Project General Ag- gregate Limit. 8. For all sums which the insured becomes legally obligated to pay as damages caused by "occur- rences" under COVERAGE A. (SECTION I), and for all medical expenses caused by accidents un- der COVERAGE C. (SECTION I), which cannot be attributed only to operations at a single desig- nated "project" shown in the Schedule above: CG D211 01 04 Copyright, The Travelers Indemnity Company, 2004 Page 1 of 2 COMMERCIAL GENERAL LIABILITY 1. Any payments made under COVERAGE A. for damages or under COVERAGE C. for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Ag- gregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Desig- nated Project General Aggregate Limit. C. Part 2. of SECTION Ill -LIMITS OF INSURANCE is deleted and replaced by the following: 2. The General Aggregate Limit is the most we will pay for the sum of: a. Damages under Coverage B; and b. Damages from "occurrences" under COVERAGE A (SECTION I) and for all medical expenses caused by accidents under COVERAGE C (SECTION I) which cannot be attributed only to operations at a single designated "project" shown in the SCHEDULE above. D. When coverage for liability arising out of the "products-completed operations hazard" is pro- vided, any payments for damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard" will reduce the Products-Completed Operations Ag- gregate Limit, and not reduce the General Aggre- gate Limit nor the Designated Project General Aggregate Limit. E. For the purposes of this endorsement the Defini- tions Section is amended by the addition of the following definition: "Project" means an area away from premises owned by or rented to you at which you are per- forming operations pursuant to a contract or agreement. For the purposes of determining the applicable aggregate limit of insurance, each "project" that includes premises involving the same or connecting lots, or premises whose con- nection is interrupted only by a street, roadway, waterway or right-of-way of a railroad shall be considered a single "project". F. The provisions of SECTION Ill -LIMITS OF INSURANCE not otherwise modified by this en- dorsement shall continue to apply as stipulated. Page 2 of 2 Copyright, The Travelers Indemnity Company, 2004 CG D211 01 04 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED -PRIMARY AND NON-CONTRIBUTORY WITH OTHER INSURANCE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM PROVISIONS 1. The following is added to Paragraph A.1.c., Who Is An Insured, of SECTION II -COVERED AUTOS LIABILITY COVERAGE: This includes any person or organization who you are required under a written contract or agreement between you and that person or organization, that is signed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to name as an additional insured for Covered Autos Liability Coverage, but only for damages to which this insurance applies and only to the extent of that person's or organization's liability for the conduct of another "insured". 2. The following is added to Paragraph B.5., Other Insurance of SECTION IV -BUSINESS AUTO CONDITIONS: Regardless of the provisions of paragraph a. and paragraph d. of this part 5. Other Insurance, this insurance is primary to and non-contributory with applicable other insurance under which an additional insured person or organization is the first named insured when the written contract or agreement between you and that person or organization, that is signed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, requires this insurance to be primary and non-contributory. CAT4 740216 © 2016 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE -This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED H. HIRED AUTO PHYSICAL DAMAGE -LOSS OF B. BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS -INCREASED LIMITS F. HIRED AUTO -LIMITED WORLDWIDE COV- ERAGE -INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE -GLASS PROVISIONS A. BROAD FORM NAMED INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II -COVERED AUTOS LIABILITY COVERAGE: Any organization you newly acquire or form dur- ing the policy period over which you maintain 50% or more ownership interest and that is not separately insured for Business Auto Coverage. Coverage under this provision is afforded only un- til the 180th day after you acquire or form the or- ganization or the end of the policy period, which- ever is earlier. B. BLANKET ADDITIONAL INSURED The following is added to Paragraph c. in A.1., Who Is An Insured, of SECTION II -COVERED AUTOS LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Covered Autos Liability Coverage, but only for damages to which USE -INCREASED LIMIT I. PHYSICAL DAMAGE -TRANSPORTATION EXPENSES -INCREASED LIMIT J. PERSONAL PROPERTY K. AIRBAGS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS M. BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMISSIONS this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. C. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION II -COV- ERED AUTOS LIABILITY COVERAGE: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness. 2. The following replaces Paragraph b. in B.5., Other Insurance, of SECTION IV -BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in an "employee's" name, with your CA TJ 53 0215 © 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO perm1ss1on, while performing duties related to the conduct of your busi- ness. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". D. EMPLOYEES AS INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II -COVERED AUTOS LIABILITY COVERAGE: Any "employee" of yours is an "insured" while us- ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs. E. SUPPLEMENTARY PAYMENTS -INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2), of SECTION II -COVERED AUTOS LIABIL- ITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover. We do not have to furnish these bonds. 2. The following replaces Paragraph A.2.a.(4), of SECTION II -COVERED AUTOS LIABIL- ITY COVERAGE: (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day be- cause of time off from work. F. HIRED AUTO -LIMITED WORLDWIDE COV- ERAGE -INDEMNITY BASIS The following replaces Subparagraph (5) in Para- graph B.7., Policy Period, Coverage Territory, of SECTION IV -BUSINESS AUTO CONDI- TIONS: (5) Anywhere in the world, except any country or jurisdiction while any trade sanction, em- bargo, or similar regulation imposed by the United States of America applies to and pro- hibits the transaction of business with or within such country or jurisdiction, for Cov- ered Autos Liability Coverage for any covered "auto" that you lease, hire, rent or borrow without a driver for a period of 30 days or less and that is not an "auto" you lease, hire, rent or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households. (a) With respect to any claim made or "suit" brought outside the United States of America, the territories and possessions of the United States of America, Puerto Rico and Canada: (i) You must arrange to defend the "in- sured" against, and investigate or set- tle any such claim or "suit" and keep us advised of all proceedings and ac- tions. (ii) Neither you nor any other involved "insured" will make any settlement without our consent. (iii) We may, at our discretion, participate in defending the "insured" against, or in the settlement of, any claim or "suit". (iv) We will reimburse the "insured" for sums that the "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, that the "in- sured" pays with our consent, but only up to the limit described in Para- graph C., Limits Of Insurance, of SECTION II -COVERED AUTOS LIABILITY COVERAGE. (v) We will reimburse the "insured" for the reasonable expenses incurred with our consent for your investiga- tion of such claims and your defense of the "insured" against any such "suit", but only up to and included within the limit described in Para- graph C., Limits Of Insurance, of SECTION II -COVERED AUTOS LIABILITY COVERAGE, and not in addition to such limit. Our duty to make such payments ends when we have used up the applicable limit of insurance in payments for damages, settlements or defense expenses. (b) This insurance is excess over any valid and collectible other insurance available to the "insured" whether primary, excess, contingent or on any other basis. (c) This insurance is not a substitute for re- quired or compulsory insurance in any country outside the United States, its ter- ritories and possessions, Puerto Rico and Canada. Page 2 of 4 © 2015 The Travelers Indemnity Company. All rights reserved. CA T3 53 0215 Includes copyrighted material of Insurance Services Office, Inc. with its permission. You agree to maintain all required or compulsory insurance in any such coun- try up to the minimum limits required by local law. Your failure to comply with compulsory insurance requirements will not invalidate the coverage afforded by this policy, but we will only be liable to the same extent we would have been liable had you complied with the compulsory in- surance requirements. (d) It is understood that we are not an admit- ted or authorized insurer outside the United States of America, its territories and possessions, Puerto Rico and Can- ada. We assume no responsibility for the furnishing of certificates of insurance, or for compliance in any way with the laws of other countries relating to insurance. G. WAIVER OF DEDUCTIBLE -GLASS The following is added to Paragraph D., Deducti- ble, of SECTION Ill -PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. H. HIRED AUTO PHYSICAL DAMAGE -LOSS OF USE -INCREASED LIMIT The following replaces the last sentence of Para- graph A.4.b., Loss Of Use Expenses, of SEC- TION Ill -PHYSICAL DAMAGE COVERAGE: However, the most we will pay for any expenses for loss of use is $65 per day, to a maximum of $750 for any one "accident". I. PHYSICAL DAMAGE -TRANSPORTATION EXPENSES -INCREASED LIMIT The following replaces the first sentence in Para- graph A.4.a., Transportation Expenses, of SECTION Ill -PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. J. PERSONAL PROPERTY The following is added to Paragraph A.4., Cover- age Extensions, of SECTION Ill -PHYSICAL DAMAGE COVERAGE: Personal Property We will pay up to $400 for "loss" to wearing ap- parel and other personal property which is: (1) Owned by an "insured"; and COMMERCIAL AUTO (2) In or on your covered "auto". This coverage applies only in the event of a total theft of your covered "auto". No deductibles apply to this Personal Property coverage. K. AIRBAGS The following is added to Paragraph 8.3., Exclu- sions, of SECTION Ill -PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one "loss". L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A.2.a., of SECTION IV -BUSINESS AUTO CONDITIONS: Your duty to give us or our authorized representa- tive prompt notice of the "accident" or "loss" ap- plies only when the "accident" or "loss" is known to: (a) You (if you are an individual); (b) A partner (if you are a partnership); (c) A member (if you are a limited liability com- pany); (d) An executive officer, director or insurance manager (if you are a corporation or other or- ganization); or (e) Any "employee" authorized by you to give no- tice of the "accident" or "loss". M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV -BUSINESS AUTO CONDI- TIONS: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract signed and executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by CA T3 53 0215 © 2015 The Travelers Indemnity Company. All rights reserved. Page 3 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO such contract. The waiver applies only to the person or organization designated in such contract. N. UNINTENTIONAL ERRORS OR OMISSIONS The following is added to Paragraph 8.2., Con- cealment, Misrepresentation, Or Fraud, of SECTION IV -BUSINESS AUTO CONDITIONS: The unintentional om1ss1on of, or unintentional error in, any information given by you shall not prejudice your rights under this insurance. How- ever this provision does not affect our right to col- lect additional premium or exercise our right of cancellation or non-renewal. Page 4 of 4 © 2015 The Travelers Indemnity Company. All rights reserved. CA T3 53 0215 Includes copyrighted material of Insurance Services Office, Inc. with its permission. .... TRAVELERSJ ONE TOWER SQUARE HARTFORD, CT 06183 WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 ( A)-001 POLICY NUMBER: (UB-8J591529-l 7-26-G) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA (BLANKET WAIVER) 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. The additional premium for this endorsement shall be 02. 000 % of the California workers' compensation pre- mium. Person or Organization ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. Schedule Job Description This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Insured Insurance Company DATE OF ISSUE: 12-06-16 Policy No. Endorsement No. Premium Countersigned by ____________ _ ST ASSIGN: Page 1 of 1 UMBRELLA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY (UMBRELLA) INSURANCE The following is added to Paragraph 11., OUR RIGHT TO RECOVER FROM OTHERS., of SECTION IV - CONDITIONS.: If the insured has agreed in a contract or agreement to waive that insured's right of recovery against any person or organization, we waive our right of recovery against such person or organization, but only for payments we make because of: a. "Bodily injury" or "property damage" caused by an "occurrence" that takes place; or b. "Personal injury" or "advertising injury" caused by an "offense" that is committed; subsequent to the execution of the contract or agree- ment. UM 04 88 07 08 © 2008 The Travelers Companies, Inc. Page 1 of 1 Includes the copyrighted material of Insurance Services Office, Inc. with its permission. UMBRELLA (3) Any statute, ordinance or regulation relat- ing to the sale, gift, distribution or use of alcoholic beverages. This exclusion applies only if you are in the business of manufacturing, distributing, sell- ing, serving or furnishing alcoholic beverages. This exclusion does not apply to "bodily in- jury" or "property damage" to which any policy of "underlying insurance" listed in the SCHEDULE OF UNDERLYING INSURANCE of the DECLARATIONS of this insurance, or any renewal or replacement thereof, applies or would apply but for the exhaustion of its limits of liability. Coverage provided will follow the same provisions, terms, definitions, ex- clusions, limitations and conditions of the pol- icy(ies) of "underlying insurance" listed in the SCHEDULE OF UNDERLYING INSURANCE of the DECLARATIONS of this insurance. SECTION II -WHO IS AN INSURED. 1. If you are designated in the Declarations as: a. An individual, you and your spouse are insur- eds, but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture, you are an in- sured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. c. A limited liability company, you are an in- sured. Your members are also insureds, but only with respect to the conduct of your busi- ness. Your managers are insureds, but only with respect to their duties as your managers. d. An organization other than a partnership, joint venture or limited liability company, you are an insured. e. A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. 2. Each of the following is also an insured: a. As respects the "auto hazard": (1) Anyone using an "auto" you own, hire or borrow including any person or organiza- tion legally responsible for such use pro- vided it is with your permission; and (2) Any of your executive officers, directors, partners, employees or stockholders, op- erating an "auto" you do not own, hire or borrow while it is being used in your busi- ness. None of the following is an insured under (1) or (2) above: (a) Any person employed by or engaged in the duties of an auto sales agency, repair shop, service station, storage garage or public parking place that you do not operate; (b) The owner or lessee of any "auto" hired by or for you or loaned to you, and any agent or employee of such owner or lessee. b. Except as respects the "auto hazard": (1) Your executive officers, employees, direc- tors or stockholders while acting within the scope of their duties; and (2) Any person or organization while acting as real estate manager for you. c. Any organization you newly acquire or form, other than a partnership or joint venture, and over which you maintain ownership or major- ity interest, will be deemed to be a Named In- sured. However, coverage does not apply to: (1) "Bodily injury" or "property damage" that occurred before you acquired or formed the organization; and (2) "Personal injury" or "advertising injury" arising out of an "offense" committed be- fore you acquired or formed the organiza- tion. d. Any person or organization having proper temporary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. e. Your legal representative if you die, but only with respect to duties as such. That represen- tative will have all your rights and duties un- der this insurance. f. Any other person or organization insured un- der any policy of the "underlying insurance" listed in the SCHEDULE OF UNDERLYING INSURANCE of the DECLARATIONS of this insurance for whom you have agreed in a written contract executed prior to loss to pro- vide insurance. This insurance is subject to all Page 6 of 13 Copyright, The Travelers Indemnity Company, 2003 UM 00 01 11 03 the limitations upon coverage under such pol- icy of "underlying insurance", and, the limits of insurance afforded to such person or or- ganization will be: (i) The difference between the "underlying insurance" limits and the minimum limits of insurance which you agreed to provide; or (ii) The limits of insurance of this policy whichever is less. If the minimum limits of insurance you agreed to provide such person or organization in a written contract are wholly within the "underly- ing insurance", this policy shall not apply. No person or organization is an insured with re- spect to the conduct of any current or past part- nership or joint venture that is not shown as a Named Insured in the Declarations. No person is an insured as respects "bodily in- jury" to a fellow employee unless insurance for such liability is afforded by the "underlying insur- ance". SECTION Ill -LIMITS OF INSURANCE. 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay re- gardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 2. The Products-Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of injury and damage in- cluded in the "products-completed operations hazard". 3. The General Aggregate Limit is the most we will pay for damages under Coverage A and Cover- age B, except: a. Damages because of injury and damage in- cluded in the "products-completed operations hazard"; and b. Damages because of injury and damage in- cluded in the "auto hazard". 4. Subject to 3. above, the Personal and Advertising Injury Limit is the most we will pay under Cover- age B for the sum of all damages because of all "personal injury" and all "advertising injury" sus- tained by any one person or organization. UMBRELLA Non cumulation of Personal and Advertising In- jury Limit -If "personal injury" and/or "advertising injury" is sustained by any one person or organi- zation during the policy period and during the pol- icy period of one or more prior and/or future poli- cies that include a COMMERCIAL EXCESS LIABILITY (UMBRELLA) INSURANCE policy for the insured issued by us or any affiliated insur- ance company, the amount we will pay is limited. This policy's Personal and Advertising Injury Limit will be reduced by the amount of each payment made by us and any affiliated insurance company under the other policies because of such "per- sonal injury" and/or "advertising injury". 5. Subject to 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of damages under Coverage A because of all "bodily injury" and "property damage" arising out of any one "occurrence". Non cumulation of Each Occurrence Limit -If one "occurrence" causes "bodily injury" and/or "prop- erty damage" during the policy period and during the policy period of one or more prior and/or fu- ture policies that include a COMMERCIAL EX- CESS LIABILITY (UMBRELLA) INSURANCE policy for the insured issued by us or any affiliated insurance company, the amount we will pay is limited. This policy's Each Occurrence Limit will be reduced by the amount of each payment made by us and any affiliated insurance company under the other policies because of such "occurrence". To determine the limit of our liability, all "bodily injury" and "property damage" arising out of continuous or repeated exposure to the same general conditions shall be considered one "occurrence". The limits of this insurance apply separately to each consecutive annual period and to any remaining period of less than 12 months. The policy period begins with the effective date shown in the Declara- tions. If the policy period is extended after issuance for an additional period of less than 12 months, the additional period will be deemed part of the last preceding period. SECTION IV -CONDITIONS. 1. APPEALS. a. If the insured or the insured's "underlying in- surer" elects not to appeal a judgment which exceeds the "applicable underlying limit", we may do so. b. If we do, we will pay all costs of the appeal. We will also pay all costs on appeals related UM00011103 Copyright, The Travelers Indemnity Company, 2003 Page 7 of 13 UMBRELLA POLICY NUMBER: CUP-4K321416-18-26 ISSUE DATE: 12/13/2018 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT-OTHER INSURANCE -DESIGNATED PERSONS OR ORGANIZATIONS FOR WHOM YOU HAVE AGREED IN A WRITTEN CONTRACT TO PROVIDE INSURANCE This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY (UMBRELLA) INSURANCE SCHEDULE OF DESIGNATED PERSONS OR ORGANIZATIONS Person or Organization: ANY PERSON OR ORGANIZATION THAT QUALIFIES AS AN INSURED UNDER PARAGRAPH 2.F. OF SECTION II -WHO IS AN INSURED. Project or Location: ANY PROJECT FOR A PERSON OR ORGANIZATION THAT IS SHOWN IN THE PERSON OR ORGANIZATION SECTION OF THIS SCHEDULE, IF THE WRITTEN CONTRACT IN WHICH YOU HAVE AGREED TO PROVIDE INSURANCE FOR THAT PERSON OR ORGANIZATION FOR THAT PROJECT SPECIFICALLY REQUIRES THAT THE INSURANCE PROVIDED BY THIS POLICY TO SUCH PERSON OR ORGANIZATION APPLY ON A PRIMARY BASIS OR A PRIMARY AND NON-CONTRIBUTORY BASIS. PROVISIONS The following is added to Paragraph 10., OTHER IN- SURANCE., of SECTION IV -CONDITIONS.: However, for any person or organization shown in the Schedule Of Designated Persons Or Organizations that qualifies as an insured under Paragraph 2.f. of SECTION II -WHO IS AN INSURED for the project or location shown in that schedule, if the written con- tract in which you have agreed to provide insurance for that person or organization specifically requires that this insurance apply on a primary basis or a pri- mary and non-contributory basis, this insurance will apply as if other insurance available to that person or organization under which that person or organization qualifies as a named insured does not exist, and we UM 06 39 02 14 © 2013 The Travelers Indemnity Company. All rights reserved. Page 1 of 2 UMBRELLA will not share with that other insurance. But this insur- ance still is excess over any valid and collectible other insurance, whether such insurance is stated to be primary, contributing, excess, contingent or otherwise, which covers that person or organization as an addi- tional insured or as any other insured that does not qualify as a named insured. Page 2 of 2 © 2013 The Travelers Indemnity Company. All rights reserved. UM 06 39 02 14 BIDDER'S STATEMENT RE DEBARMENT (To Accompany Proposal) STAGECOACH COMMUNITY PARK SYNTHETIC TURF REPLACEMENT CONTRACT NO. 4742 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 debar- ments. party debarred party debarred agency agency period of debarment period of debarment BY CONTRACTOR: Ohno Construction Company Richard Brangwin, Vice President (print name/title) Page _1 _ of_1_ pages of this Re Debarment form {'\ •+r Revised 6/12/18 Contract No. 4742 Page 24 of 104 BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) STAGECOACH COMMUNITY PARK SYNTHETIC TURF REPLACEMENT CONTRACT NO. 4742 Contractors are required by law to be licensed and regulated by the Contractors' State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors' State License board, P.O. Box 26000, Sacramento, California 95826. 1) Have you ever had your contractor's license suspended or revoked by the California Contrac- tors' State license Board 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 th~ork ever been stayed? yes no 5) If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the party disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of the violation and the disciplinary action taken therefore. (If needed attach additional sheets to provide full disclosure.) Page _1 __ of _1_ pages of this Disclosure of Discipline form ('\ • .., Revised 6/12/18 Contract No. 4742 Page 25 of 104 BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) STAGECOACH COMMUNITY PARK SYNTHETIC TURF REPLACEMENT CONTRACT NO. 4742 6) If the answer to either of 2. or 4. above is yes fully identify, in each and every case, the party who's discipline was stayed, the date of the violation that the disciplinary action pertains to, describe the nature of the violation and the condition (if any) upon which the disciplinary action was stayed. {If needed attach additional sheets to provide full disclosure.) BY CONTRACTOR: Ohno Construction Company Richard Brangwin -Vice President (print name/title) Page _1 _ of _1_ pages of this Disclosure of Discipline form ('\ •fr Revised 6/12/18 Contract No. 4742 Page 26 of 104 NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 STAGECOACH COMMUNITY PARK SYNTHETIC TURF REPLACEMENT CONTRACT NO. 4742 The undersigned declares: Ohno Construe- I am the Vice-President of tion Company , the party making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, com- pany, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partner- ship, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby repre- sents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on _S~ep~t_. 1_2 ________ _ 20~ at Fontana [city], CA [state]. Signature of Bidder in, Vice President {'\ •,;' Revised 6/12/18 Contract No. 4742 Page 27 of 104 Jurat "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 San Bernardino Subscribed and sworn to (or affirmed) before me this 12th day of September. 2019 by Richard Brangwin, proved to me on the basis of satisfactory evidence to be the person who appeared before me. ~"'"'" OPTIONAL INFORMATION 1············f Kll.'8=~~ v S B~ADV : Nciar, ~c~"C -Ca'1fJm1a I Sa0 Be..,a·=,~c Cocnty ! Ccriro,ss,cn # 2220060 - My Comm c:xp,res Oct 28. 2021 (Notary Seal) The wording of all Jurats completed in California after January, 2015 must be in the form set forth within this Jurat. There are no exceptions. If a Jurat to be completed does not follow this form, the notary must correct the verbiage by using a Jurat stamp containing the correct wording or attaching a separate Jurat form such as this one which does contain proper wording. In addition, the notary must require an oath or affirmation from the document signer regarding the truthfulness of the contents of the document. The document must be signed AFTER the oath or affirmation. If the document was previously signed, it must be resigned in front of the notary public during Jurat process. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the Ju rat process was completed. • Print the name(s) of document signer{s) who personally appear at the time of notarization. • Signature of the notary public must match the signature on file with the office of the county clerk. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different Jurat form. o Additional information is not required but could help to ensure this Ju rat is not misused or attached to a different document. o Indicate title or type of attached document, number of pages and date • Securely attach this document to the signed document. DESCRIPTION OF THE ATTACHED DOCUMENT Stagecoach Park Noncollusion Declaration Number of Pages 1 Document Date 9/12/19 Example of an oath or affirmation to be asked by the notary prior to signing: "Do you swear or affirm that the statements made in the attached document are true to the best of your knowledge?" (The affiant must reply affirmatively.) CONTRACT PUBLIC WORKS This agreement is made this ddrJ) day of tJcrj_-;}o,QA_.., , 2019, by and between the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and Ohno Construction Company whose principal place of business is 16398 Boyle Ave- nue, Fontana, CA 92337 (hereinafter called "Contractor"). City and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in the Contract docu- ments for: STAGECOACH COMMUNITY PARK SYNTHETIC TURF REPLACEMENT CONTRACT NO. 4742 (hereinafter called "project") 2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents. 3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids, Contractor's Proposal, Bidder's Bond, Noncollusion Declaration, Designation of Subcontrac- tors, Technical Ability and Experience, Bidder's Statement Re Debarment, Escrow Agreement, Release Form, the Plans and Specifications, the General Provisions, addendum(s) to said Plans and Specifications and General Provisions, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, and all bonds for the project; all of which are incorporated herein by this reference. Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as indicated, specified, and implied by the Contract Documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the Contrac- tor's expense to fulfill the intent of said documents. In all instances through the life of the Contract, the City will be the interpreter of the intent of the Contract Documents, and the City's decision relative to said intent will be final and binding. Failure of the Contractor to apprise subcontractors and materials suppliers of this condition of the Contract will not relieve responsibility of compli- ance. 4. Payment. For all compensation for Contractor's performance of work under this Contract, City shall make payment to the Contractor per section 9-3 PAYMENT of the General Provisions section of this contract. The Engineer will close the estimate of work completed for progress pay- ments on the last working day of each month. The City shall withhold retention as required by Public Contract Code Section 9203. 5. Independent Investigation. Contractor has made an independent investigation of the jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the work, and is aware of those conditions. The Contract price includes payment for all work that ,, •f' Revised 6/12/18 Contract No. 4742 Page 28 of 104 may be done by Contractor, whether anticipated or not, in order to overcome underground condi- tions. Any information that may have been furnished to Contractor by City about underground conditions or other job conditions is for Contractor's convenience only, and City does not warrant that the conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground conditions and has not relied on information furnished by City. 6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenches or other excavations that extend deeper than four feet below the surface Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: A. Hazardous Waste. Material that Contractor believes may be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class Ill disposal site in accordance with provisions of existing law. B. Differing Conditions. Subsurface or latent physical conditions at the site differing from those indicated. C. Unknown Physical Conditions. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inher- ent in work of the character provided for in the contract. City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in contractor's costs of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in this contract. In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the contractor's cost of, or time required for, performance of any part of the work, contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. 7. Immigration Reform and Control Act. Contractor certifies it is aware of the require- ments of the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligi- bility for employment of all agents, employees, subcontractors, and consultants that are included in this Contract. 8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with California Labor Code, section 1773 and a copy of a schedule of said general prevailing wage rates is on file in the office of the City Engineer, and is incorporated by reference herein. Pursuant to California Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor shall post copies of all applicable prevailing wages on the job site. Contractor shall comply with Cali- fornia Labor Code, section 1776, which generally requires keeping accurate payroll records, ver- ifying and certifying payroll records, and making them available for inspection. Contractor shall require all subcontractors to comply with Section 1776. l"-• .., Revised 6/12/18 Contract No. 4742 Page 29 of 104 9. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those relating to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, and Contractor will pay all costs, including defense costs for the City. De- fense costs include the cost of separate counsel for City, if City requests separate counsel. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by the Contractor, whether intentional or otherwise, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. 10. Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. Said insurance shall meet the City's policy for insurance as stated in City Council Policy # 70. (A) Coverages and Limits Contractor shall maintain the types of coverages and minimum limits indicted herein: a. Commercial General Liability (CGL) Insurance: Insurance written on an "occurrence" ba- sis, including products-completed operations, personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. b. Business Automobile Liability Insurance: $2,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. c. Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits as required by the Labor Code of the State of California and Employers' Liability limits of $1,000,000 per incident. Workers' compensation offered by the State Compensation Insurance Fund is acceptable to the City. (B) Additional Provisions: Contractor shall ensure that the policies of insurance required under this agreement with the exception of Workers' Compensation and Business Automobile Liability Insurance contain, or are endorsed to contain, the following provisions. a. The City, its officials, employees and volunteers are to be covered as additional insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the contractor; premises owned, leased, hired or borrowed by the {'. •+;' Revised 6/12/18 Contract No. 4742 Page 30 of 104 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 com- pany affording general liability, and employers' liability coverage. b. The Contractor's insurance coverage shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be in excess of the contractor's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage pro- vided to the City, its officials, employees or volunteers. d. Coverage shall state that the contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (C) Notice of Cancellation. Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in cov- erage or limits except after ten (10) days' prior written notice has been sent to the City by certified mail, return receipt requested. (D) Deductibles and Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured retention levels must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. (E) Waiver of Subrogation. All policies of insurance required under this agreement shall 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 sub- contractors shall be subject to all of the requirements stated herein. (G) Acceptability of Insurers. Insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:VII. Insurers must also be authorized to transact the business of insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a listing in the official publication of the Department of Insurance of the State of California and/or under the standards specified by City Council Policy # 70. (H) Verification of Coverage. Contractor shall furnish the City with certificates of insurance and original endorsements affecting coverage required by this clause. The certificates and endorse- ments for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be in forms approved by the City and are to be received and approved by the City before the Contract is executed by the City. (I) Cost of Insurance. The Cost of all insurance required under this agreement shall be included in the Contractor's bid. {'\ •;ir Revised 6/12/18 Contract No. 4742 Page 31 of 104 11. Claims and Lawsuits. All claims by Contractor shall be resolved in accordance with Public Contract Code section 9204, which is incorporated by reference. A copy of Section 9204 is in- cluded in Section 3 of the General Provisions. In addition, all claims by Contractor for $375,000 or less shall be resolved in accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with section 20104) which are incorporated by ref- erence. A copy of Article 1.5 is included in Section 3 of the General Provisions. In the event of a conflict between Section 9204 and Article 1.5, Section 9204 shall apply. Notwithstanding the pro- visions of this section of the contract, all claims shall comply with the Government Tort Claim Act (section 900 et seq., of the California Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit for breach of this agreement. (A} Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in antici- pation of litigation or in conjunction with litigation. (B} False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution. (C} Government Code. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate igno- rance of the false information or in reckless disregard of the truth or falsity of the information. (D} Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. (E} Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented from further bidding on public contracts for a period of up to five years. (F} Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. (G} Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor from participating in future contract bidding. (H} Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and · isdiction for resolution of any disputes between the parties arising out of this agreeme · San Diego County, California. UV ITT I have read and understand all provisions of Section 11 above. ~ 1rnt ~ 1rnt 12. Maintenance of Records. Contractor shall maintain and make available at no cost to the City, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 1, Article 2, of the Labor Code. If the Contractor does not maintain the records at Contractor's prin- cipal place of business as specified above, Contractor shall so inform the City by certified letter accompanying the return of this Contract. Contractor shall notify the City by certified mail of any change of address of such records. l'\ •+;' Revised 6/12/18 Contract No. 4742 Page 32 of 104 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 substi- tuted for any monies withheld by the City to secure performance of this contract for any obligation established by this contract. Any other security that is mutually agreed to by the Contractor and the City may be substituted for monies withheld to ensure performance under this Contract. 15. Unfair Business Practices. In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or sub- contractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 ( commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursu- ant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the parties. 16. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon application of either party, the Contract shall forthwith be physically amended to make such insertion or correction. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill {'\ •+;' Revised 6/12/18 Contract No. 4742 Page 33 of 104 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) {00 CITY OF CARLSBAD a municipal corporation of the State of California :~~~?aw A 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 AttomeY, £ By Deput~omey g~ l'\ •,;' Revised 6/12/18 Contract No. 4742 Page 34 of 104 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT "A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document." State of California County of San Bernardino On September 25, 2019 before me Kimberly S Brady, Notary Public, personally appeared Richard Brangwin, who proved to me on the basis of satisfactory evident to be the person whose name!?. subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his 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. Signature of Notary Public (Notary Seal) ADDITIONAL OPTIONAL INFORMATION Instructions for completing this form Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial working and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgement. • Date of notarization must be the date that the signer(s) personally appeared before the notary public for acknowledgment. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. fie/she/they, is /are or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. o Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. o Indicate title or type of attached document, number of pages and date o Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document. I DESCRIPTION OF THE ATTACHED DOCUMENT Stagecoach Community Park Turf contract contract 4742 Number of Pages z Document Date 9/25/19 CAPACITY CLAIMED BY THE SIGNER D lndividual(s) C8:J Corporate Officer Title: Vice President D Partner(s) D Attorney-in-Fact D Trustee(s) Oother __ STATE OF WASHING TON COUNTY OF -----'K=i=n=g ___ _ On this 26th day of September , 2019 , before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Michio Marcus Ohno , to me known to be the Chief Operating Officer/Treasurer of Ohno Construction Company, the entity that executed the foregoing instrument and acknowledged the said instrument to be the free and voluntary act of and deed of said entity, for the uses and purposes therein mentioned, and on oath stated that Michio Marcus Ohno is authorized to execute the said instrument and that the seal affixed is the corporate seal of said entity. Witness my hand and seal the day and year first above written. Notary Public residing at 9416 Martin Luther King Jr Way S., Seattle, WA 98118 Printed Name: Jill Anne Agnelli My Commission Expires: 5-14-2022 Consent in Lieu of Special Meeting of Directors In accordance with the provisions of the Washington Business Corporation Act for unanimous consent of the directors in lieu of meetings, and for waiver of notice thereof, the undersigned, being all the directors of Ohno Construction Company hereby, expressly in lieu of a special meeting of directors, consent to and approve the resolutions set forth below. RESOLVED, that the following persons are authorized to sign contracts on behalf of the Corporation: Y oshio A. Ohno, President Richard L. Brangwin, Vice President Michio Marcus Ohno, Chief Operating Officer/ Treasurer Barbara Ohno, Secretary Joseph Fant, Senior Project Manager Tyler Britz, Senior Project Manager/ Assistant Vice President Jeffrey Byerly, Senior Project Manager Certified to be a true copy of a resolution duly adopted by the Board of Directors of Ohno Construction~C~llp.~'-i-- Corporate Seal: Date: June 26, 2019 LABOR AND MATERIALS BOND WHEREAS, the City Council of the City of Carlsbad, State of California, has awarded to Ohno Construction Company (hereinafter designated as the "Principal"), a Contract for: STAGECOACH COMMUNITY PARK SYNTHETIC TURF REPLACEMENT CONTRACT NO. 4742 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, Ohno Construction Company, as Principal, (hereir)rJter designated as the "Contractor"), and frttvd r.! Ctts'-{" I I Sv,-t .;,m c,n · cf V\ltrias Surety, are held firmly bound unto the City of Carlsbad in e sum of E MILLI FOUR HUNDRED EIGHTY- NINE THOUSAND TWO HUNDRED THIRTY-SEVEN Dollars and FIFTY Cents ($1,489,237.50), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontrac- tors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with California Civil Code section 9100, or for amounts due under the Unemployment Insurance Code with respect to the work or labor performed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Develop- ment Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable attor- ney's fees, to be fixed by the court consistent with California Civil Code section 9554. This bond shall inure to the benefit of any of the persons named in California Civil Code section 9100, so as to give a right of action to those persons or their assigns in any suit brought upon the bond. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed hereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. {'\ •;;' Revised 6/12/18 Contract No. 4742 Page 35 of 104 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. SIGNED AND SEALED, this J Jf2-day of _Se.p/e1,vi tl.lt-,....... , 20_1.J_ Trtt1,e/u.J C«Svttt(74.r1d 5u.ret,----- c oo,,p4hO D f l/-111e r,·u~-(SEAL) (Surety) ..... (..._,\~\ ~_\_l ,_L_, c_,_(\\_c_2~J_IC'_L_.(_,_-1-u~N_C_'[_.,_. (SEAL) By:~-i~'I_~_:~--. .LI/(.,~ By:-~-----------(Signature) (Signature) iL \ U·-\ &-\) ·1;) IC ~\r\1 ( , u_ \, "-.\ 1 \J V 0}r'VI 5. /LC,t1(J1, I/H-Prru,3 -;11~h.cf J (j (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY -ATTACH ATTORNEY-IN-FACT CERTIFICATE) APPROVED AS TO FORM: CELIA A. BREWER City Attorney l'\ •ff Revised 6/12/18 Contract No. 4742 Page 36 of 104 ATTORNEY-IN-FACT ACKNOWLEDGEMENT STATE OF WASHINGTON ) ) ss: COUNTY OF =K=IN~G~ ______ ) On this 27th day of September, 2019 , before me, the undersigned, a Notary Public in and for the said State, personally appeared Jim S. Kuich, known to me to be the Attomey- in-fact for Travelers Casualty and Surety Company of America, whose name is subscribed to the within instrument and acknowledged to me that he executed the same. NOTARY PUBLIC My commission expires:6/15/2022 TRAVELERfr Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St.Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Julie M. Glover, S.M. Scott, Michael A. Murphy, Jim W. Doyle, Andy D. Prill, Jim S. Kuich, Chad M. Epple, Steve Wagner, Theresa A. Lamb, Carl M. Lovested Ill, Patti White, Teresa Glombecki, and Maxwell Martin, of Bothell, Washington, their true and lawful Attorney-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances.conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons. guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 3rd day of February, 2017 . State of Connecticut By: City of Hartford ss. Robert L. Raney, Se~Vice President On this the 3rd day of February, 2017, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he, as such, being authorized so to do, executed 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 hereunto set my hand and official seal. My Commission expires the 30th day of June, 2021 A ~ Marfe C. Tetreault, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. Dated this l Kevin E. Hughes, Assistant Secretary To verify the authentidty of this Power of Attomey, please call us at 1-800-421-3880. Please refer to the above-named Attomey-in-Fact and the details of the bond to which the power is attached. STATE OF WASHINGTON COUNTYOF_K_i~ng....___ ___ _ On this 27th day of September , 2019 , before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Richard Brangwin , to me known to be the Vice President of Ohno Construction Company, the entity that executed the foregoing instrument and acknowledged the said instrument to be the free and voluntary act of and deed of said entity, for the uses and purposes therein mentioned, and on oath stated that Richard Brangwin is authorized to execute the said instrument and that the seal affixed is the corporate seal of said entity. Witness my hand and seal the day and year first above written. Notary Public residing at 9416 Martin Luther King Jr Way S .• Seattle, WA 98118 Printed Name: Jill Anne Agnelli My Commission Expires: 5-14-2022 Consent in Lieu of Special Meeting of Directors In accordance with the provisions of the Washington Business Corporation Act for unanimous consent of the directors in lieu of meetings, and for waiver of notice thereof, the undersigned, being all the directors of Ohno Construction Company hereby, expressly in lieu of a special meeting of directors, consent to and approve the resolutions set forth below. RESOLVED, that the following persons are authorized to sign contracts on behalf of the Corporation: Y oshio A. Ohno, President Richard L. Brangwin, Vice President Michio Marcus Ohno, Chief Operating Officer/ Treasurer Barbara Ohno, Secretary Joseph Fant, Senior Project Manager Tyler Britz, Senior Project Manager/ Assistant Vice President Jeffrey Byerly, Senior Project Manager SIGNED AND DATED as of June 26, 2019 /1 ... ) t //1 ) /· //1// 0 ;/~~-'ll/ /7 l ~.,.~/. 0::::::::--_.. ~-~ 1:S __ L_/7_/t1411q,,,--_ ~~3 chard L. Brangwin / v• Ohno Certified to be a true copy of a resolution duly adopted by the Board of Directors of Ohno Construction~C~~IQ;f+r--- Corporate Seal: Date: June 26, 2019 FAITHFUL PERFORMANCE/WARRANTY BOND WHEREAS, the City Council of the City of Carlsbad, State of California, has awarded to Ohno Construction Company (hereinafter designated as the "Principal"), a Contract for: STAGECOACH COMMUNITY PARK SYNTHETIC TURF REPLACEMENT CONTRACT NO. 4742 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, Ohno Construction Com an , as Principal, (hereinafter designated as the "Contractor''), and1r~vder1 t1 i{c.. · vit1 SiAre -Cc"" <'in. of l'l''{.~'s>turety, are held firmly bound unto the City of Carlsbad in e sum of O EMIL I FOUR HUNDRED EIGHTY- NINE THOUSAND TWO HUNDRED THIRTY-SEVEN Dollars and FIFTY Cents ($1,489,237.50), 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. l' •;, Revised 6/12/18 Contract No. 4742 Page 37 of 104 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. SIGNED AND SEALED, this :J-7 ~ 6 f'\,.._\c (oe-._\{5T1i.:0C-l,ll'N co (SEAL) (Principal) By :::~~:l\~11/0 day of Sep l-e,1-, b-t' v-- /t'"tl It e/ et _> 0S (..(C( ( 'fl Cuu-_f C0Yv1pa,1d ol (/-1Y1e v/ {c..__ (Surety) 2011 ' -- 5Ltve ~ (SEAL) (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY -ATTACH ATTORNEY-IN-FACT CERTIFICATE) APPROVED AS TO FORM: CELIA A. BREWER l'\ •+' Revised 6/12/18 Contract No. 4742 Page 38 of 104 ATTORNEY-IN-FACT ACKNOWLEDGEMENT ST A TE OF WASHING TON ) ) ss: COUNTY OF =K=IN~G~ ______ ) On this 27th day of September, 2019 , before me, the undersigned, a Notary Public in and for the said State, personally appeared Jim S. Kuich, known to me to be the Attomey- in-fact for Travelers Casualty and Surety Company of America, whose name is subscribed to the within instrument and acknowledged to me that he executed the same. ~z;j~ PATRICIA A~ NOTARY PUBLIC My commission expires:6/15/2022 TRAVELERs'r- Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St.Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut {herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Julie M. Glover, S.M. Scott, Michael A. Murphy, Jim W. Doyle, Andy D. Prill, Jim S. Kuich, Chad M. Epple, Steve Wagner, Theresa A. Lamb, Carl M. Lovested Ill, Patti White, Teresa Glombecki, and Maxwell Martin, of Bothell, Washington, their true and lawful Attorney-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances.conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 3rd day of February, 2017. State of Connecticut By: City of Hartford ss. Robert L. Raney, Seft!fuVicePresident On this the 3rd day of February, 2017, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he, as such, being authorized so to do, executed 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 hereunto set my hand and official seal. My Commission expires the 30th day of June, 2021 A ~ Marfe C. Tetreault, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. li<evin E. Hughes, Assistant Secretary To verify the authenticity of this Power of Attomey, please call us at 1-800-421-3880. Please refer to the above-named Attomey-in-Fact and the details of the bond to which the power is attached. STATE OF WASHING TON COUNTY OF ~K_1_· n..._.g'------- On this 27th day of September , 2019 , before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Richard Brangwin , to me known to be the Vice President of Ohno Construction Company, the entity that executed the foregoing instrument and acknowledged the said instrument to be the free and voluntary act of and deed of said entity, for the uses and purposes therein mentioned, and on oath stated that Richard Brangwin is authorized to execute the said instrument and that the seal affixed is the corporate seal of said entity. Witness my hand and seal the day and year first above written. Notary Public residing at 9416 Martin Luther King Jr Way S., Seattle, WA 98118 Printed Name: Jill Anne Agnelli My Commission Expires: 5-14-2022 Consent in Lieu of Special Meeting of Directors In accordance with the provisions of the Washington Business Corporation Act for unanimous consent of the directors in lieu of meetings, and for waiver of notice thereof, the undersigned, being all the directors of Ohno Construction Company hereby, expressly in lieu of a special meeting of directors, consent to and approve the resolutions set forth below. RESOLVED, that the following persons are authorized to sign contracts on behalf of the Corporation: Yoshio A. Ohno, President Richard L. Brangwin, Vice President Michio Marcus Ohno, Chief Operating Officer / Treasurer Barbara Ohno, Secretary Joseph Fant, Senior Project Manager Tyler Britz, Senior Project Manager/ Assistant Vice President Jeffrey Byerly, Senior Project Manager // SIGNED AND DATED as ofJune 26, 201~~ ·. - ~ ///----- I Certified to be a true copy of a resolution duly adopted by the Board of Directors of Ohno Construction~C~w.µ~~- Corporate Seal: Date: June 26, 2019 OPTIONAL ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by an etween the City of Carlsbad whose address is 1200 Carlsbad Village Drive, Carlsbad, C · ornia, 92008, hereinafter called "City" and whose address -----------------,.------------is hereinafter ------------------------------ca II e d "Contractor" and whose address is _______ '------------------------- hereinafter called "Escro For the considera ion hereinafter set forth, the City, Contractor and Escrow Agent agree as fol- lows: 1. Pursuant to section 22300 of the Public Contract Code of the State of California, the Con- tractor has the option to deposit securities with the Escrow Agent as a substitute for retention earnings required to be withheld by the City pursuant to the Construction Contract entered into between the City and Contractor for STAGECOACH COMMUNITY PARK SYNTHETIC TURF REPLACEMENT CONTRACT NO. 4742 in the amount of ____________ dated ______ (hereinafter referred to as the "Contract"). Alternatively, on written request of the Contractor, the City shall make pay- ments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the City within 10 days of the deposit. The market value of the securities at the time of the substitution shall be a least equal to the cash amount then required to be withheld as retention under the terms of the contract between the City and Contractor. Securities shall be held in the name of the City and shall designate the Contractor as the beneficial owner. 2. The City shall make progress payments to the Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. 3. When the City makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until such time as the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into secu- rities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the City pays the Escrow Agent directly. 4. The Contractor shall be responsible for paying all fees for the expenses incurred by the Es- crow Agent in administering the Escrow Account and all expenses of the City. These expenses and payment terms shall be determined by the City, Contractor and Escrow Agent. 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the City. l' •+;' Revised 6/12/18 Contract No. 4742 Page 39 of 104 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from City to the Escrow Agent that City consents to the withdrawal of the amount sought to be withdrawn by Con- tractor. 7. The City shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days' written notice to the Escrow Agent from the City of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the City. 8. Upon receipt of written notification from the City certifying that the Contract is final and com- plete and that the Contractor has complied with all requirements and procedures applicable to the Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. 9. The Escrow Agent shall rely on the written notifications from the City and the Contractor pur- suant to sections (1) to (8), inclusive, of this agreement and the City and Contractor shall hold Escrow Agent harmless from Escrow Agent's release, conversion and disbursement of the secu- rities and interest as set forth above. 10. The names of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: For City: For Contractor: For Escrow Agent: Title FINANCE DIRECTOR -----'-~~~--~~----- Name ---------------- Signature ______________ _ Address 1635 Faraday Avenue, Carlsbad, CA 92008 Title ----------------- Name ----------------- Signature ______________ _ Address ______________ _ Title ________________ _ Name ________________ _ Signature ______________ _ Address ---------------- At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. l'\ •,r Revised 6/12/18 Contract No. 4742 Page 40 of 104 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: l'\ •,r Revised 6/12/18 Title __ __:.:M..::..A..:...;Y:....oO=R....:...._ _________ _ Name _______________ _ Signature ______________ _ Address 1200 Carlsbad Village Drive, Carlsbad, CA 92008 Title ________________ _ Name _______________ _ Signature ______________ _ Address _______________ _ Title ________________ _ Name ---------------- Signature ______________ _ Address _______________ _ Contract No. 4742 Page 41 of 104 GENERAL PROVISIONS FOR STAGECOACH COMMUNITY PARK SYNTHETIC TURF REPLACEMENT CONTRACT NO. 4742 CITY OF CARLSBAD BIDDERS ARE ADVISED THAT THIS SECTION REPLACES PART 1, GENERAL PROVISIONS, OF THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION SECTION 1 --TERMS, DEFINITIONS, ABBREVIATIONS, AND SYMBOLS 1-1 TERMS -Unless otherwise stated, the words directed, required, permitted, ordered, in- structed, designated, considered necessary, prescribed, approved, acceptable, satisfactory, or words of like meaning, refer to actions, expressions, and prerogatives of the Engineer. 1-1.1 Reference to Drawings. Where words "shown", "indicated", "detailed", "noted", "sched- uled", or words of similar import are used, it shall be understood that reference is made to the plans accompanying these provisions, unless stated otherwise. 1-1.2 Directions. Where words "directed", "designated", "selected", or words of similar import are used, it shall be understood that the direction, designation or selection of the Engineer is intended, unless stated otherwise. The word "required" and words of similar import shall be un- derstood to mean "as required to properly complete the work as required and as approved by the Engineer," unless stated otherwise. 1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "equivalent", and such words of similar import are used, it shall be understood such words are followed by the expression "in the opinion of the Engineer", unless otherwise stated. Where the words "approved", "approval", "acceptance", or words of similar import are used, it shall be understood that the ap- proval, acceptance, or similar import of the Engineer is intended. 1-1.4 Perform. The word "perform" shall be understood to mean that the Contractor, at its ex- pense, shall perform all operations, labor, tools and equipment, and further, including the furnish- ing and installing of materials that are indicated, specified or required to mean that the Contractor, at its expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools, equipment, and transportation. 1-2 DEFINITIONS. The following words, or groups of words, shall be exclusively defined by the definitions assigned to them herein. ,, •+;' Revised 6/15/17 Contract No. 4742 Page 42 of 104 Addendum -Written or graphic instrument issued prior to the opening of Bids which clarifies, corrects, or changes the bidding or Contract Documents. The term Addendum shall include bul- letins and all other types of written notices issued to potential bidders prior to opening of Bids. Agency -The City of Carlsbad, California. Agreement -See Contract. Assessment Act Contract -A Contract financed by special assessments authorized under a State Act or procedural ordinance of a City or County. Base -A layer of specified material of planned thickness placed immediately below the pavement or surfacing. Bid -The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices for the Work. Bidder -Any individual, firm, partnership, corporation, or combination thereof, submitting a Bid for the Work, acting directly or through a duly authorized representative. Board -The officer or body constituting the awarding authority of the Agency, which is the City Council for the City of Carlsbad or the Board of Directors of Carlsbad Municipal Water District. Bond -Bid, performance, and payment bond or other instrument of security. City Council -the City Council of the City of Carlsbad. City Manager -the City Manager of the City of Carlsbad or his/her approved representative. Cash Contract -A Contract financed by means other than special assessments. Change Order -A written order to the Contractor signed by the Agency directing an addition, deletion, or revision in the Work, or an adjustment in the. Contract Price or the Contract time issued after the effective date of the Contract. A Change Order may or may not also be signed by the Contractor. Code -The terms Government Code, Labor Code, etc., refer to codes of the State of California. Construction Manager-the Project Inspector's immediate supervisor and first level of appeal for informal dispute resolution. Contract -The written agreement between the Agency and the Contractor covering the Work. Contract Documents -Including but not limited to; the Contract, any Addendum (which pertain to the contract documents), Notice Inviting Bids, Instructions to Bidders; Bid (including documen- tation accompanying the Bid and any post-bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Contract, the Bonds, the General Provisions, permits from other agencies, the Technical Specifications, the Supplemental Provisions, the Plans, Stand- ard Plans, Standard Specifications, Reference Specifications, and all Modifications issued after the execution of the Contract. l'\ •~ Revised 6/15/17 Contract No. 4742 Page 43 of 104 Contractor -The individual, partnership, corporation, joint venture, or other legal entity having a Contract with the Agency to perform the Work. In the case of work being done under permit issued by the Agency, the permittee shall be constructed to be the Contractor. The term "prime contrac- tor'' shall mean Contractor. Contract Price -The total amount of money for which the Contract is awarded. Contract Unit Price -The amount stated in the Bid for a single unit of an item of work. County Sealer -The Sealer of Weights and Measures of the county in which the Contract is let. Days -Days shall mean consecutive calendar's days unless otherwise specified. Deputy City Engineer, Construction Management & Inspection -The Construction Manager's immediate supervisor and second level of appeal for informal dispute resolution. Dispute Board -Persons designated by the City Manager of the City of 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, lumi- naire, etc. Engineer -The City Engineer of the City of Carlsbad or his/her approved representative. The Engineer is the third level of appeal for informal dispute resolution. Geotextile -Synthetic fiber used in civil engineering applications, serving the primary functions of separation and filtration. House Connection Sewer-A sewer, within a public street or right-of-way, proposed to connect any parcel, lot, or part of a lot with a mainline sewer. House Sewer -A sewer, wholly within private property, proposed to connect any building to a house connection sewer. Luminaire -The lamp housing including the optical and socket assemblies (and ballast if so specified). Luminaire Arm -The structural member, bracket, or mast arm, which, mounted on the standard, supports the luminaire. Minor Bid Item -A single contract item constituting less than 10 percent (10%) of the original Contract Price bid. Modification -Includes Change Orders and Supplemental Agreements. A Modification may only be used after the effective date of the Contract. Notice of Award -The written notice by the Agency to the successful Bidder stating that upon compliance by it with the required conditions, the Agency will execute the Contract. Notice to Proceed -A written notice given by the Agency to the Contractor fixing the date on which the Contract time will start. ,, •+;' Revised 6/15/17 Contract No. 4742 Page 44 of 104 Own Organization -When used in Section 2-3.1 -Employees of the Contractor who are hired, directed, supervised and paid by the Contractor to accomplish the completion of the Work. Fur- ther, such employees have their employment taxes, State disability insurance payments, State and Federal income taxes paid and administered, as applicable, by the Contractor. When used in Section 2-3.1 "own organization" means construction equipment that the Contractor owns or leases and uses to accomplish the Work. Equipment that is owner operated or leased equipment with an operator is not part of the Contractor's Own Organization and will not be included for the purpose of compliance with Section 2-3.1. Person -Any individual, firm, association, partnership, corporation, trust, joint venture, or other legal entity. Plans -The drawings, profiles, cross sections, working drawings, and supplemental drawings, or reproductions thereof, approved by the Engineer, which show the location, character, dimensions, or details of the Work. Private Contract -Work subject to Agency inspection, control, and approval, involving private funds, not administered by the Agency. Project Inspector -The Engineer's designated representative for inspection, contract admin- istration and first level for 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, Refer- ence Specifications, Supplemental Provisions, and specifications in Supplemental Agreements between the Contractor and the Board. Standard -The shaft or pole used to support street lighting luminaire, traffic signal heads, mast arms, etc. Standard Plans -Details of standard structures, devices, or instructions referred to on the Plans or in Specifications by title or number. Standard Specifications -The Standard Specifications for Public Works Construction (SSPWC), the "Greenbook". State -State of California. Storm Drain -Any conduit and appurtenances intended for the reception and transfer of storm water. ,, •+;' Revised 6/15/17 Contract No. 4742 Page 45 of 104 Street -Any road, highway, parkway, freeway, alley, walk, or way. Subbase -A layer of specified material of planned thickness between a base and the subgrade. Subcontractor -An individual, firm, or corporation having a direct contract with the Contractor or with any other Subcontractor for the performance of a part of the Work. Subgrade -For roadways, that portion of the roadbed on which pavement, surfacing, base, sub- base, or a layer of other material is placed. For structures, the soil prepared to support a structure. Supervision -Supervision, where used to indicate supervision by the Engineer, shall mean the performance of obligations, and the exercise of rights, specifically imposed upon and granted to the Agency in becoming a party to the Contract. Except as specifically stated herein, supervision by the Agency shall not mean active and direct superintendence of details of the Work. Supplemental Agreement -A written amendment of the Contract Documents signed by both parties. Supplemental Provisions -Additions and revisions to the Standard Specifications setting forth conditions and requirements peculiar to the work. Surety-Any individual, firm, or corporation, bound with and for the Contractor for the acceptable performance, execution, and completion of the Work, and for the satisfaction of all obligations incurred. 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 ease- ment. Work -That which is proposed to be constructed or done under the Contract or permit, includ- ing the furnishing of all labor, materials, equipment, and services. 1-3 ABBREVIATIONS 1-3.1 General. The abbreviation herein, together with others in general use, are applicable to these Standard Specifications and to project Plans or other Contract Documents. All abbreviations and symbols used on Plans for structural steel construction shall conform to those given by the "Manual of Steel Construction" published by the American Institute of Steel Construction, Inc. 1-3.2 Common Usage Abbreviation Word or Words ABAN ............................................................. Abandon AC ..................................................... Asphalt Concrete ABAND ...................................................... Abandoned ACP .......................................... Asbestos cement pipe ABS ........................ Acrylonitrile -butadiene -styrene ACWS ..................... Asphalt concrete wearing surface ,, •,;' Revised 6/15/17 Contract No. 4742 Page 46 of 104 ALT ................................................................ Alternate E ...................................................................... Electric APTS ................................ Apartment and Apartments EA ........................................................................ Each AMER STD ................................... American Standard EC ............................................................ End of curve AWG ............... American Wire Gage (nonferrous wire) ECR ................................................ End of curb return BC .................................................. Beginning of curve EF ................................................................ Each face BCR ....................................... Beginning of curb return EG .......................................................... Edge of gutter BORY ............................................................ Boundary EGL. ................................................. Energy grade line BF ..................................................... Bottom of footing El .................................................................. Elevation BLDG ........................................ Building and Buildings ELC ..................................... Electrolier lighting conduit BM ............................................................ Bench mark EL T ........................................................ Extra long ton BVC ................................... Beginning of vertical curve ENGR ....................................... Engineer, Engineering BM/ ........................................................... Back of wall EP ................................................... Edge of pavement CIC ..................................................... Center to center ESMT ........................................................... Easement CAB ...................................... Crushed aggregate base ETB .......................................... Emulsion-treated base CAUOSHA ............ California Occupational Safety and EVC .............................................. End of vertical curb Health Administration EWA. .............................. Encina Wastewater Authority CalTrans ....... California Department of Transportation EXC ............................................................ Excavation CAP ................................... Corrugated aluminum pipe EXP JT ................................................. Expansion joint CB ............................................................. Catch Basin EXST ............................................................... Existing Cb ........................................................................ Curb F .................................................................. Fahrenheit CBP ............................... Catch Basin Connection Pipe F&C ................................................... Frame and cover CBR ....................................... California Bearing Ratio F&I .................................................. Furnish and install CCR ............................. California Code of Regulations FAB ............................................................... Fabricate CCTV ............................................... Closed Circuit TV FAS ............................................... Flashing arrow sign CES ......................... Carlsbad Engineering Standards FD ............................................................... Floor drain CF ................................................................. Curb face FDN ........................................................... Foundation CF ................................................................ Cubic foot FED SPEC .................................. Federal Specification C&G .................................................... Curb and gutter FG ........................................................ Finished grade CFR ................................ Code of Federal Regulations FH ............................................................. Fire hydrant CFS .......................................... Cubic Feet per Second FL. .................................................................. Flow line CIP ......................................................... Cast iron pipe FS ...................................................... Finished surface CIPP ............................................... Cast-in place pipe FT-LB ......................................................... Foot-pound CL ............................................. Clearance, center line FTG .................................................................. Footing CLF ..................................................... Chain link fence FW ............................................................ Face of wall CMB ............................... Crushed miscellaneous base G ........................................................................... Gas CMC ......................................... Cement mortar-coated GA. .................................................................... Gauge CML ............................................ Cement mortar-lined GAL. ............................................... Gallon and Gallons CMWD .................... Carlsbad Municipal Water District GAL V ......................................................... Galvanized CO ................................................... Cleanout (Sewer) GAR ........................................... Garage and Garages COL ................................................................. Column GIP .............................................. Galvanized iron pipe COMM ...................................................... Commercial GL ......................................... Ground line or grade line CONC ............................................................ Concrete GM .............................................................. Gas meter CONN ........................................................ Connection GNV ............................................... Ground Not Visible CONST ................................... Construct, Construction GP .................................................................. Guy pole COORD ...................................................... Coordinate GPM ................................................ gallons per minute CSP ........................................... Corrugated steel pipe GR ..................................................................... Grade CSD ............................... Carlsbad Standard Drawings GRTG .............................................................. Grating CTB ............................................. Cement treated base GSP ........................................... Galvanized steel pipe CV ............................................................. Check valve H ............................................................ High or height CY ............................................................... Cubic yard HB .................................................................. Hose bib D .............................................................. Load of pipe HC ................................................... House connection dB .................................................................. Decibels HOWL ........................................................... Headwall DBL ................................................................... Double HGL ............................................. Hydraulic grade line DF ............................................................... Douglas fir HORIZ .......................................................... Horizontal DIA ................................................................. Diameter HP ............................................................. Horsepower DIP ..................................................... Ductile iron pipe HPG ................................................ High pressure gas DL ................................................................ Dead load HPS ............................... High pressure sodium (Light) DR ...................................................... Dimension Ratio HYDR ............................................................ Hydraulic DT ................................................................. Drain Tile IE ........................................................ Invert Elevation DWG ............................................................... Drawing ID ......................................................... Inside diameter DWY ............................................................. Driveway INCL. .............................................................. Including DWY APPR ................................... Driveway approach INSP ............................................................ Inspection ,, •+;' Revised 6/15/17 Contract No. 4742 Page 47 of 104 INV ...................................................................... Invert QUAD ....................................... Quadrangle, Quadrant IP ................................................................... Iron pipe R ....................................................................... Radius JC .................................................... Junction chamber R&O ......................................................... Rock and oil JCT ................................................................. Junction R/W .......................................................... Right-of-way JS ..................................................... Junction structure RA ....................................................... Recycling agent JT .......................................................................... Joint RAC ................................... Recycled asphalt concrete L ........................................................................ Length RAP ............................... Reclaimed asphalt pavement LAB ............................................................. Laboratory RBAC .............................. Rubberized asphalt concrete LAT ................................................................... Lateral RC ................................................ Reinforced concrete LB ...................................................................... Pound RCB ...................................... Reinforced concrete box LD ..................................................... Local depression RCE ...................................... Registered civil engineer LF ................................................................ Linear foot RCP ..................................... Reinforced concrete pipe LH ............................................................... Lamp hole RCV ........................................... Remote control valve LL ................................................................... Live load REF .............................................................. Reference LOL ............................................................. Layout line REINF .............................. Reinforced or reinforcement LONG ........................................................ Longitudinal RES .............................................................. Reservoir LP ............................................................... Lamp post RGE ........................ Registered geotechnical engineer LPS ................................. Low pressure sodium (Light) ROW ....................................................... Right-of-Way LS ............................................................... Lump sum RR ................................................................... Railroad L TS .................................................... Lime treated soil RSE ............................. Registered structural engineer LWD ............................... Leucadia Wastewater District RTE .................................... Registered traffic engineer MAI NT ...................................................... Maintenance S ................................... Sewer or Slope, as applicable MAX .............................................................. Maximum SCCP ............................... Steel cylinder concrete pipe MCR ............................................ Middle of curb return SD .............................................................. Storm drain MEAS ............................................................. Measure SDNR .............................. San Diego Northern Railway MH ................................... Manhole, maintenance hole SOR ....... Standard thermoplastic pipe dimension ratio MIL SPEC .................................... Military specification (ratio of pipe O.D. to minimum wall thickness) MISC ..................................................... Miscellaneous SDRSD ......... San Diego Regional Standard Drawings MOD .................................................. Modified, modify SE ...................................................... Sand Equivalent MON ........................................................... Monument SEC ................................................................. Section MSL .. Mean Sea Level (Reg. Standard Drawing M-12) SF .............................................................. Square foot MTBM ......................... Microtunneling Boring Machine SFM ................................................ Sewer Force Main MUL T ............................................................... Multiple SI ...................... International System of Units (Metric) MUTCD ..... Manual on Uniform Traffic Control Devices SPEC ..................................................... Specifications MVL ............................................... Mercury vapor light SPPWC .......................................... Standard Plans for NCTD .............................. North County Transit District Public Works Construction NRCP .............................. Nonreinforced concrete pipe SSPWC ............................. Standard Specifications for OBS ............................................................... Obsolete Public Works Construction OC ............................................................... On center ST HWY ................................................. State highway OD .................................................... Outside diameter ST A ................................................................... Station OE .............................................................. Outer edge STD ................................................................ Standard OHE ................................................. Overhead Electric STR .................................................................. Straight OMWD .................. Olivenhain Municipal Water District STR GR ................................................. Straight grade OPP ............................................................... Opposite STRUC ......................................... Structural/Structure ORIG ................................................................ Original SW ................................................................. Sidewalk PB ................................................................... Pull box SWD ..................................................... Sidewalk drain PC .................................................... Point of curvature SY ............................................................. Square yard PCC ....................... Portland cement concrete or point T .................................................................. Telephone of compound curvature TAN ................................................................. Tangent PCVC ....................... Point of compound vertical curve TC .............................................................. Top of curb PE ............................................................ Polyethylene TEL ............................................................. Telephone Pl .................................................. Point of intersection TF .......................................................... Top of footing PL ............................................................ Property line TOPO ........................................................ Topography PMB ............................ Processed miscellaneous base TR ........................................................................ Tract POC ...................................................... Point on curve TRANS ......................................................... Transition POT ................................................... Point on tangent TS ......................... Traffic signal or transition structure PP .............................................................. Power pole TSC ............................................. Traffic signal conduit PRC .......................................... Point of reverse curve TSS ........................................... Traffic signal standard PRVC ............................ Point of reverse vertical curve TW .............................................................. Top of wall PSI ......................................... Pounds per square inch TYP ................................................................... Typical PT .................................................... Point of tangency UE .............................................. Underground Electric PVC ................................................. Polyvinyl chloride USA ................................... Underground Service Alert PVMT ........................................................... Pavement VAR .................................................... Varies, Variable PVT R/W ....................................... Private right-of-way VB ................................................................ Valve box Q ........................ Rate of flow in cubic feet per second VC .......................................................... Vertical curve l'\ •,r Revised 6/15/17 Contract No. 4742 Page 48 of 104 VCP .................................................. Vitrified clay pipe WI ............................................................ Wrought iron VERT ............................................................... Vertical WM .......................................................... Water meter VOL.. ................................................................ Volume WP J ........................................... Weakened plane joint WJD ...................................... Vallecitos Water District XCONN ............................................ Cross connection W ....................... Water, Wider or Width, as applicable XSEC ..................................................... Cross section WATCH .............. Work Area Traffic Control Handbook 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. Stand- ard Measures in parenthesis may or may not be exactly equivalent. Reference is also made to ASTM E 380 for definitions of various units of the SI system and a more extensive set of conversion factors. 1-4.2 Units of Measure and Their Abbreviations. U.S. Customary Unit (Equal To) SI Unit (Abbreviations) (Abbreviations) 1 mil (=0.001 in) .................................................................................... 25.4 micrometer (µm) 1 inch (in) .............................................................................................. 25.4 millimeter (mm) 1 inch (in) .............................................................................................. 2.54 centimeter (cm) 1 foot (ft) ............................................................................................... 0.3048 meter (m) 1 yard (yd) ............................................................................................ 0.9144 meter (m) 1 mile (mi) ............................................................................................. 1.6093 kilometer (km) 1 square foot (ft2) .................................................................................. 0.0929 square meter (m2) 1 square yard (yd2) ............................................................................... 0.8361 square meter (m2) 1 cubic foot (ft3) .................................................................................... 0.0283 cubic meter (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) {"\ •ff Revised 6/15/17 Contract No. 4742 Page 49 of 104 1 fluid ounce (fl. oz.) ............................................................................. 29.5735 millileter (ml) 1 pound mass (lb) (avoirdupois) ........................................................... 0.4536 kilogram (kg) 1 ounce mass (oz) ................................................................................ 0.02835 kilogram (kg) 1 Ton (=2000 lb avoirdupois) ................................................................ 0.9072 Tonne (= 907 kg) 1 Poise .................................................................................................. 0.1 pascal· second (Pa· s) 1 centistoke (cs) ................................................................................... 1 square millimeters per second (mm2/s) 1 pound force (lbf) ................................................................................ 4.4482 Newton (N) 1 pounds per square inch (psi) ............................................................. 6.8948 Kilopascal (kPa) 1 pound force per foot (lbf/ft) ................................................................ 1.4594 Newton per meter (N/m) 1 foot-pound force (ft-lbf) ...................................................................... 1.3558 Joules (J) 1 foot-pound force per second ([ft-lbf]/s) .............................................. 1.3558 Watt (W) 1 part per million (ppm) ........................................................................ 1 milligram/liter (mg/L) Temperature Units and Abbreviations Degree Fahrenheit (°F): ....................................................................... Degree Celsius (°C): °F = (1.8 x °C) + 32 ·············································································· °C = (°F -32)/1.8 1 Ampere (A) 1 Volt (V) 1 Candela (cd) 1 Lumen (Im) 1 second (s) SI Units (abbreviation) Commonly Used in Both Systems Common Metric Prefixes kilo (k) ................................................................................................... 103 centi (c) ................................................................................................. 10-2 milli (m) ................................................................................................. 10-3 micro(µ) ............................................................................................... 1 o-6 nano (n) ................................................................................................ 10-9 pico (p) .................................................................................................. 10-12 1-5 SYMBOLS L\ 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. 4742 Page 50 of 104 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 as- signed or not, shall be subject to being used by the Agency for completion of the Work, should the Contractor be in default. 2-3 SUBCONTRACTS. 2-3.1 General. Each Bidder shall comply with the Chapter of the Public Contract Code including Sections 4100 through 4113. The following excerpts or summaries of some of the requirements of this Chapter are included below for information: The Bidder shall set forth in the Bid, as provided in 4104: "(a) The name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvements, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of 1 percent of the prime contractor's total bid, or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the prime contractor's total bid or ten thousand dollars ($10,000), which- ever is greater." "(b) The portion of the work which will be done by each such subcontractor under this act. The prime contractor shall list only one subcontractor for each such portion as is defined by the prime contractor in his bid." If the Contractor fails to specify a Subcontractor or specifies more than one Subcontractor for the same portion of the work to be performed under the Contract (in excess of one-half of 1 percent of the Contractor's total Bid), the Contractor shall be qualified to perform that portion itself, and shall perform that portion itself, except as otherwise provided in the Code. As provided in Section 4107, no Contractor whose Bid is accepted shall substitute any person as Subcontractor in place of the Subcontractor listed in the original Bid, except for causes and by procedures established in Section 4107.5. This section provides procedures to correct a clerical error in the listing of a Subcontractor. Section 411 0 provides that a Contractor violating any of the provisions of the Chapter violates the Contract and the Board may exercise the option either to cancel the Contract or assess the Con- tractor a penalty in an amount of not more than 10 percent of the subcontract involved, after a public hearing. ,, •+' Revised 6/15/17 Contract No. 4742 Page 51 of 104 Should the Contractor fail to adhere to the provisions requiring the Contractor to complete 50 percent of the contract price with its own organization, the Agency may at its sole discretion elect to cancel the contract or deduct an amount equal to 10 percent of the value of the work performed in excess of 50 percent of the contract price by other than the Contractor's own organization. The Board shall be the sole body for determination of a violation of these provisions. In any proceed- ings under this section, the prime contractor shall be entitled to a public hearing before the Board and shall be notified ten (10) days in advance of the time and location of said hearing. The deter- mination of the City Council shall be final. 2-3.2 Additional Responsibility. The Contractor shall give personal attention to the fulfillment of the Contract and shall keep the Work under its control. The Contractor shall perform, with its own organization, Contract work amounting to at least 50 percent of the Contract Price except that any designated "Specialty Items" may be performed by subcontract, and the amount of any such "Specialty Items" so performed may be deducted from the Contract Price before computing the amount required to be performed by the Contractor with its own organization. "Specialty Items" will be identified by the Agency in the Bid or Proposal. Where an entire item is subcontracted, the value of work subcontracted will be based on the Contract Unit Price. When a portion of an item is subcontracted, the value of work subcontracted will be based on the estimated percentage of the Contract Unit Price. This will be determined from information submitted by the Contractor, and subject to approval by the Engineer. Before the work of any Subcontractor is started, the Contractor shall submit to the Engineer for approval a written statement showing the work to be subcontracted giving the name and business of each Subcontractor and description and value of each portion of the work to be so subcon- tracted. 2-3.3 Status of Subcontractors. Subcontractors shall be considered employees of the Con- tractor, and the Contractor shall be responsible for their work. 2-4 CONTRACT BONDS. Before execution of the Contract, the Bidder shall file surety bonds with the Agency to be approved by the Board in the amounts and for the purposes noted below. Bonds issued by a surety, who is authorized to issue bonds in California, and whose bonding limitation shown in said circular is sufficient to provide bonds in the amount required by the Con- tract shall be deemed to be approved unless specifically rejected by the Agency. Bonds from all other sureties shall be accompanied by all of the documents enumerated in Code of Civil Proce- dure 995.660 (a). The Bidder shall pay all bond premiums, costs, and incidentals. Each bond shall incorporate, by reference, the Contract and be signed by both the Bidder and Surety and the signature of the authorized agent of the Surety shall be notarized. The Contractor shall provide a faithful performance/warranty bond and payment bond (labor and materials bond) for this contract. The faithful performance/warranty bond shall be in a sum not less than one hundred percent of the total amount payable by the terms of this contract. The Contractor shall provide bonds to secure payment of laborers and materials suppliers in a sum not less than one hundred percent of the total amount payable by the terms of this contract. Both bonds shall extend in full force and effect and be retained by the Agency during this project until they are released according to the provisions of this section. {'\ • .., Revised 6/15/17 Contract No. 4742 Page 52 of 104 The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 days after recordation of the Notice of Completion and will remain in full force and effect for the one year warranty period and until all warranty repairs are completed to the satisfaction of the Engineer. The bonds to secure payment of laborers and materials suppliers shall be released six months plus 30 days after recordation of the Notice of Completion if all claims have been paid. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the following documents: 1) An original, or a certified copy, of the un-revoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commis- sioner. If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of the insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the execution of the bond. The financial statement shall be made by an officer's certificate as defined in Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may be verified by the oath of the principal officer or manager residing within the United States. Should any bond become insufficient, the Contractor shall renew the bond within 10 days after receiving notice from the Agency. Should any Surety at any time be unsatisfactory to the Board, notice will be given the Contractor to that effect. No further payments shall be deemed due or will be made under the contract until a new Surety shall qualify and be accepted by the Board. Changes in the Work or extensions of time, made pursuant to the Contract, shall in no way release the Contractor or Surety from its obligations. Notice of such changes or extensions shall be waived by the Surety. 2-5 PLANS AND SPECIFICATIONS. 2-5.1 General. The Contractor shall keep at the Work site a copy of the Plans and Specifica- tions, 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 desig- nated "SSPWC", as amended. The construction plans consist of illumination summaries, equipment layout and control system summaries. The standard drawings used for this project are the latest edition of the San Diego Area Regional Standard Drawings, hereinafter designated SDRSD, as issued by the San Diego County Department of Public Works, together with the most recent editions of the City of Carlsbad Engineering Standards and Carlsbad Standard Drawings, as issued by the City of Carlsbad and the Carlsbad Municipal Water District, hereinafter designated as CES and CSD, respectively. Copies of some of the pertinent standard drawings are enclosed as an appendix to these General Provisions. l"\ •ff Revised 6/15/17 Contract No. 4742 Page 53 of 104 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 Speci- fications and not shown on the Plans, or shown on the Plans and not specified in the Specifica- tions, 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, im- mediately 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, Technical Specifications, and Supplemental Provisions. 6) Plans. 7) 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. e) Traffic Signal Design Guidelines and Standards. f) State of California Department of Transportation Standard Plans. g) State of California Department of Transportation Standard Specifications. h) California Manual on Uniform Traffic Control Devices (CA MUTCD). 8) Standard Specifications for Public Works Construction, as amended. 9) Reference Specifications. 10) 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. l"-• ., Revised 6/15/17 Contract No. 4742 Page 54 of 104 2-5.3 Submittals. 2-5.3.1 General. Submittals shall be provided, at the Contractor's expense, as required in 2-5.3.2, 2-5.3.3 and 2-5.3.4, when required by the Plans or Special Provisions, or when requested by the Engineer. Materials shall neither be furnished nor fabricated, nor shall any work for which submittals are required by performed, before the required submittals have been reviewed and accepted by the Engineer. Neither review nor acceptance of submittals by the Engineer shall relieve the Contractor from responsibility for errors, omissions, or deviations from the Contract Documents, unless such deviations were specifically called to the attention of the Engineer in the letter of transmittal. The Contractor shall be responsible for the correctness of the submittals. The Contractor shall allow a minimum of 20 working days for review of submittals unless other- wise specified in the Special Provisions. Each submittal shall be accompanied by a letter of trans- mittal. 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 submit- tals shall be accompanied by a letter of transmittal on the Contractor's letterhead. The Letter of Transmittal shall contain the following: 1) Project title and Agency contract number. 2) Number of complete sets. 3) Contractor's certification statement. 4) Specification section number(s) pertaining to material submitted for review. 5) Submittal number (Submittal numbers shall be consecutive including subsequent submittals for the same materials.) 6) Description of the contents of the submittal. 7) Identification of deviations from the contract documents. When submitted for the Engineer's review, Shop Drawings shall bear the Contractor's certification that the Contractor has reviewed, checked, and approved the Shop Drawings and that they are in conformance with the requirements of the Contract Documents. The Contractor shall subscribe to and shall place the following certification on all submittals: "I hereby certify that the (equipment, material) shown and marked in this submittal is that proposed to be incorporated into this Project, is in compliance with the Contract Documents, can be installed in the allocated spaces, and is submitted for approval." By: ___________ _ Title: -------------- Date: -------------- Company Name: ___________________________ _ 2-5.3.2 Working Drawings. Working drawings are drawings showing details not shown on the Plans which are required to be designed by the Contractor. Working drawings shall be of a size and scale to clearly show all necessary details. ,, •;;' Revised 6/15/17 Contract No. 4742 Page 55 of 104 Six copies and one reproducible shall be submitted. If no revisions are required, three of the copies will be returned to the Contractor. If revisions are required, the Engineer will return one copy along with the reproducible for resubmission. Upon acceptance, the Engineer will return two of the copies to the Contractor and retain the remaining copies and the reproducible. Working drawings are required in the following sections: TABLE 2-5.3.2 (A) Item Section Number Title Subiect Not Applicable 2-5.3.3 Shop Drawings. Shop drawings are drawings showing details of manufactured or as- sembled products proposed to be incorporated into the Work. Shop drawings required shall be as specified in the Special Provisions. 2-5.3.4 Supporting Information. Supporting information is information required by the Specifi- cations 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 sys- tem. 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 bul- letins, specifications, diagrams, product samples, and other information necessary to describe a system, product or item. This information is required for irrigation systems, street lighting systems, and traffic signals, and may also be required for any product, manufactured item, or system. 2-5.4 Record Drawings. The Contractor shall provide and keep up-to-date a complete "as-built" record set of blue-line prints, which shall be corrected in red daily and show every change from the original drawings and specifications and the exact "as-built" locations, sizes and kinds of equipment, underground piping, valves, and all other work not visible at surface grade. Prints for this purpose may be obtained from the Agency at cost. This set of drawings shall be kept on the job and shall be used only as a record set and shall be delivered to the Engineer within ten (10) ,, •+;' Revised 6/15/17 Contract No. 4742 Page 56 of 104 days of completion of the work. Payment for performing the work required by Section 2-5.4 shall be included in the various bid items and no additional payment will be made therefore. 2-6 WORK TO BE DONE. The Contractor shall perform all work necessary to complete the Contract in a satisfactory manner. Unless otherwise provided, the Contractor shall furnish all ma- terials, 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 pro- vided by the Agency. Unless otherwise provided, the Contractor shall make arrangements, pay for, and assume all responsibility for acquiring, using, and disposing of additional work areas and facilities temporarily required. The Contractor shall indemnify and hold the Agency harmless from all claims for damages caused by such actions. 2-9 SURVEYING. 2-9.1 Permanent Survey Markers. The Contractor shall not cover or disturb permanent survey monuments or benchmarks without the consent of the Engineer. Where the Engineer concurs, in writing, with the Contractor that protecting an existing monument in place is impractical, the Con- tractor shall employ a licensed land surveyor or a registered civil engineer authorized to practice land surveying within the State of California, hereinafter Surveyor, to establish the location of the monument before it is disturbed. The Contractor shall have the monument replaced by the Sur- veyor no later than thirty (30) days after construction at the site of the replacement is completed. The Surveyor shall file corner record(s) as required by§§ 8772 and 8773, et seq. of the California Business and Professions Code. When a change is made in the finished elevation of the pavement of any roadway in which a permanent survey monument is located, the Contractor shall adjust the monument frame and cover to the new grade within 7 days of paving unless the Engineer shall approve otherwise. Monument frames and covers shall be protected during street sealing or painting projects or be cleaned to the satisfaction of the Engineer. 2-9.2 Survey Service. The Contractor shall hire and pay for the services of a Surveyor, herein- after Surveyor to perform all work necessary for establishing control, construction staking, records 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. {'\ •+' Revised 6/15/17 Contract No. 4742 Page 57 of 104 2-9.2.1 Submittal of Surveying Data, All surveying data submittals shall conform to the require- ments of Section 2-5.3.3, "Submittals", herein. The Contractor shall submit grade sheets to the Engineer before commencing work in the area affected by the grade sheets. The Contractor shall submit field notes for all surveying required herein to the Engineer within ten days of performing the survey. All surveying field notes, grade sheets and survey calculations shall be submitted in bound form on 215mm by 280 mm (8½" by 11") paper. The field notes, calculations and support- ing data shall be clear and complete. Supporting data shall include all maps, affidavits, plats, field notes from earlier surveys and all other evidence used by the Surveyor to determine the location of the monuments set. The field notes and calculations will be labeled with name of the Surveyor, the party chief, the field crewmembers and the author of the field notes or calculations. They shall be annotated with the date of observation or calculation, be numbered with consecutive page numbers and shall be readable without resort to any electronic aid, computer program or docu- mentation for any computer program. The field notes shall be prepared in conformance with the CALTRANS "Surveys Manual". The Contractor shall have a Record of Survey prepared by the Surveyor and file it in conformance with §§ 8700 -8805 of the State of California Business and Professions Code when the Surveyor performs any surveying that such map is required under§§ 8762 of the State of California Business and Professions Code and whenever the Surveyor shall establish, set or construct any permanent survey monument. SDRS drawing M-10 type monu- ments, bolts, spikes, leaded tacks and nails (when set in concrete), iron pipes, reinforcing steel and all monuments and marks that are at, or accessory to, property corners and street centerlines are permanent survey monuments. The Record of Survey shall show all monuments set, control monuments used, the basis of bearings and all other data needed to determine the procedure of survey and the degree of accuracy attained by the field surveying including the unadjusted ratio of closure. The unadjusted ratio of closure shall not exceed 1 part in 40,000. The record of survey shall show the location and justification of location of all permanent monuments set and their relation to the street right-of-way. Record(s) of Survey(s) shall be submitted for the Engineer's review and approval before submittal to the County Surveyor and before submittal to the County Recorder. 2-9.2.2 Survey Requirements, Stakes shall be set at offsets approved by the Engineer at no greater intervals than specified in TABLE 2-9.2.2(A) as measured along the project stationing. Stakes shall be set to show the location and grade of future curbs adjacent to traffic signal loca- tions where the curb is not being built as a part of this contract. Staking and marking shall be completed by the Surveyor and inspected and approved by the Engineer before the start of con- struction in the area marked. Centerline monument shall have the disk stamped with the date the monument was set and the registration number of the Surveyor. Habitat mitigation sites and other areas to be preserved that are shown on the plans shall be staked and flagged prior to the start of any other activities within the limits of the work. When curb and gutter does not exist and is not being installed as a part of the project the location of adjacent facilities being constructed as a part of the contract the Contractor shall place stakes defining the horizontal and vertical location of such adjacent utility vaults, poles or other facilities that are being installed as parts of, or adjunct to, the project either by the Contractor and/or those noted on the plans as to be installed by others. ,, •+;' Revised 6/15/17 Contract No. 4742 Page 58 of 104 TABLE 2-9.2.2(A) Survey Requirements for Construction Staking Feature Staked Stake De-Centerline or Parallel to Centerline Spac-Lateral Spac-Setting Tolerance scription@ ing©,@ ing®,@ (Within) Street Centerline SDRS M-10 s1000', Street Intersections, Begin and end on street cen-0.02' Monument of curves, only when shown on the plans terline Horizontal, also see Section 2-9.2.1 herein Clearing Lath in soil, lath -lntervisible, s 50' on tangents at clearing line 1' Horizontal painted line & s 25' on curves, Painted line -continuous on PCC &AC surfaces Slope RP+ Marker lntervisible and s 50' Grade Breaks 0.1' Vertical & Hori- Stake & s 25' zontal Fence RP+ Marker s 200' on tangents, s 50' on curves when N/A 0.1' Horizontal Stake R~ 1000' & 25' on curves when Rs 1000' (constant off- set) Rough Grade RP+ Marker s 50' N/A 0.1' Vertical & Hori- Cuts or Fills ~ 10 Stake zontal m (33') Final Grade (in-RP+ Marker s 50' on tangents & curves when R~ 1000' s22' 3/s" Horizontal & ¼" eludes top of: Stake, Blue-& Vertical Basement soil, top in grad-s 25' on curves when R s 1000' subbase and ing area base) Asphalt Pave-RP, paint on s 25' or as per the intersection grid points edge of pave-3/s" Horizontal & ¼" ment Finish previous shown on the plan whichever provides the ment, paving Vertical Course course denser information pass width, crown line & grade breaks Drainage Struc-RP+ Marker intervisible & s 25', beginning and end, BC as appropriate 3/s" Horizontal & ¼" tures, Pipes & Stake & EC of facilities, Grade breaks, Alignment Vertical similar Facili-breaks, Junctions, Inlets & similar facilities, ties<D, (J) Risers & similar facilities (except plumbing), Skewed cut-off lines Curb RP+ Marker s 25', BC & EC, at¼~.½~ & ¾~ on curb (constant off-3/s" Horizontal & ¼" Stake returns & at beginning & end set) Vertical Traffic Signal <D Vertical locations shall be based on the ulti- mate elevation of curb and sidewalk Signal Poles & RP+ Marker at each pole & controller location as appropriate 3/s" Horizontal & ¼" Controller <D Stake Vertical Junction Box RP+ Marker at each junction box location as appropriate 3/s" Horizontal & ¼" Q) Stake Vertical Conduit <D RP+ Marker s 50' on tangents & curves when R~ 1000' as appropriate 3/s" Horizontal & when Stake & depth cannot be s 25' on curves when R s 1000' or where measured from exist- grades 0.30% ing pavement ¼" Vertical Minor Structure RP+ Marker for catch basins: at centerline of box, ends as appropriate 3!a" Horizontal & ¼" (D Stake+ Line of box & wings & at each end of the local Vertical (when vertical Stake depression ~ data needed) Abutment Fill RP+ Marker s 50' & along end slopes & conic transitions as appropriate 0.1' Vertical & Hori- Stake+ Line zontal Stake Wall <D RP+ Marker s 50' and at beginning & end of: each wall, as appropriate ¼" Horizontal & ¼" Stake+ Line BC & EC, layout line angle points, changes Vertical Point +Guard in footing dimensions &/or elevation & wall Stake height l'\ •,;' Revised 6/15/17 Contract No. 4742 Page 59 of 104 Feature Staked Stake De-Centerline or Parallel to Centerline Spac-Lateral Spac-Setting Tolerance scription @ ing©,@ ing®,@ (Within) Major Structure ® Footings, RP+ Marker 10' to 33' as required by the Engineer, BC & as appropriate 3/a" Horizontal & ¼" Bents, Abut-Stake+ Line EC, transition points & at beginning & end. Vertical ments & Point +Guard Elevation points on footings at bottom of Winawalls Stake columns Superstruc-RP 1 O' to 33' sufficient to use string lines, BC & as appropriate 31a" Horizontal & ¼" tures EC, transition points & at beginning & end. Vertical Elevation points on footings at bottom of columns Miscellaneous ® Contour Grad-RP+ Marker s 50' along contour 0.1' Vertical & Hori- ina CD Stake line zontal Utilities CD, 0 RP+ Marker s 50' on tangents & curves when R;;,: 1000' as appropriate 3/a" Horizontal & ¼" Stake & Vertical s 25' on curves when R s 1000' or where grade s 0.30% Channels, RP+ Marker intervisible & s 100', BC & EC of facilities, as appropriate 0.1' Horizontal & ¼" Dikes & Ditches Stake Grade breaks, Alignment breaks, Junctions, Vertical CD Inlets & similar facilities Signs CD RP+ Marker At sign location Line point 0.1' Vertical & Hori- Stake+ Line zontal Point +Guard Stake Subsurface RP+ Marker intervisible & s 50', BC & EC of facilities, as appropriate 0.1' Horizontal & ¼" Drains CD Stake Grade breaks, Alignment breaks, Junctions, Vertical Inlets & similar facilities, Risers & similar fa- cilities Overside Drains RP+ Marker longitudinal location At beginning & 0.1' Horizontal & ¼" CD Stake end Vertical Markers CD RP+ Marker for asphalt street surfacing s 50' on tan-At marker lo-¼" Horizontal Stake gents & curves when R;;,: 1000' & s 25' on cation(s) curves when Rs 1000'. Railings & Bar-RP+ Marker At beginning & end and s 50' on tangents & at railing & 3/a" Horizontal & Verti- riers CD Stake curves when R ;;,: 1000' & s 25' on curves barrier loca-cal when R < 1000' tion(s) AC Dikes CD RP+ Marker At beginning & end as appropriate 0.1' Horizontal & Ver- Stake tical Box Culverts 1 O' to 33' as required by the Engineer, BC & as appropriate 31a" Horizontal & ¼" EC, transition points & at beginning & end. Vertical Elevation points on footinas & at invert Pavement RP 200' on tangents, 50' on curves when at pavement ¼" Horizontal MarkersCD R ;;,: 1000' & 25' on curves when R s 1000'. marker loca- For PCC surfaced streets lane cold joints tion(s) will suffice CD Staking for feature may be omitted when adJacent marker stakes reference the offset and elevation of those fea- tures and the accuracy requirements of the RP meet the requirements for the feature @ Reference points shall be sufficiently durable and set securely enough to survive with accuracy intact throughout the installation & inspection of the features or adjacent facilities for which they provide control. RP means reference point for the purposes of this table ® Perpendicular to centerline. © Some features are not necessarily parallel to centerline but are referenced thereto ® Multi-plane surfaced features shall be staked so as to provide line & grade information for each plane of the fea- ture ® ;;,: means greater than, or equal to, the number following the symbol. s means less than, or equal to, the number following the symbol. 0 The cut datum for storm drainage & sanitary sewer pipes & similar structures shall be their invert. The cut datum for all other utilities shall be the top of their pipe or conduit. All guard stakes, line stakes and lath shall be flagged. Unless otherwise approved by the Engineer flagging, paint and marking cards shall be the color specified in TABLE 2-9.2.2(8) l' •;;' Revised 6/15/17 Contract No. 4742 Page 60 of 104 Type of Stake Horizontal Control Vertical Control Clearino Grading Structure Drainage, Sewer, Curb Rio ht-of-Way Miscellaneous s urvey ta e o or 0 e or ons ruction TABLE 2-9.2.2(8) SkCI Cdf Ct Description ta mg S k" Coordinated control points, control lines, control reference points, cen- terline, alionments, etc. Bench marks Limits of clearing Slope, intermediate slope, abutment fill, rough grade, contour grading, final i:irade, etc. Bridi:ies, sound and retainini:i walls, box culverts, etc. Pipe culverts, junction boxes, drop inlets, headwalls, sewer lines, storm drains, slope protection, curbs, i:iutters, etc. Fences, R/ W lines, easements, property monuments, etc. Signs, railings, barriers, lighting, etc. * Flagging and marking cards, if used. Color* White/Red White/Orange Yellow/Black Yellow White Blue WhiteNellow Orange 2-9.2.3 Payment for Survey, Payment for work performed to satisfy the requirements of Sections 2-9.1 through 2-9.2.2 shall be included in the actual bid items requiring the survey work and no additional payment will be made. Extension of unit prices for extra work shall include full compen- sation for attendant survey work and no additional payment will be made. Payment for the re- placement of disturbed monuments and the filing of records of survey and/or corner records, in- cluding filing fees, shall be incidental to the work necessitating the disturbance of said monuments and no additional payment will be made. 2-9.3 Private Engineers. Surveying by private engineers on the Work shall conform to the qual- ity and practice required by the Engineer. 2-9.4 Line and Grade. 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 fin- ished 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 mat- ters affecting the Work. Within the scope of the Contract, the Engineer has the authority to enforce compliance with the Plans and Specifications. The Contractor shall promptly comply with instruc- tions from the Engineer or an authorized representative. The decision of the Engineer is final and binding on all questions relating to: quantities; accepta- bility of material, equipment, or work; execution, progress or sequence of work; and interpretation of the Plans, Specifications, or other drawings. This shall be precedent to any payment under the Contract, unless otherwise ordered by the Board. 2-10.1 Availability of Records, The Contractor shall, at no charge to the Agency, provide copies of all records in the Contractor's or subcontractor's possession pertaining to the work that the Engineer may request. {'\ •+;' Revised 6/15/17 Contract No. 4742 Page 61 of 104 2-10.2 Audit and Inspection, Contractor agrees to maintain and/or make available, to the Engi- neer, within San Diego County, accurate books and accounting records relative to all its activities and to contractually require all subcontractors to this Contract to do the same. The Engineer shall have the right to monitor, assess, and evaluate Contractor's and its subcontractor's performance pursuant to this Agreement, said monitoring, assessments, and evaluations to include, but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and interviews of Con- tractor's staff and the staff of all subcontractors to this contract. At any time during normal busi- ness hours and as often as the Engineer may deem necessary, upon reasonable advance notice, Contractor shall make available to the Engineer for examination, all of its, and all subcontractors to this contract, records with respect to all matters covered by this Contract and will permit the Engineer to audit, examine, copy and make excerpts or transcripts from such data and records, and to make audits of all invoices, materials, payrolls, records of personnel, and other data relat- ing to all matters covered by this Contract. However, any such activities shall be carried out in a manner so as to not unreasonably interfere with Contractor's ongoing business operations. Con- tractor and all subcontractors to this contract shall maintain such data and records for as long as may be required by applicable laws and regulations. 2-11 INSPECTION. The Work is subject to inspection and approval by the Engineer. The Con- tractor shall notify the Engineer before noon of the working day before inspection is required. Work shall be done only in the presence of the Engineer, unless otherwise authorized. Any work done without proper inspection will be subject to rejection. The Engineer and any authorized rep- resentatives shall at all times have access to the Work during its construction at shops and yards as well as the project site. The Contractor shall provide every reasonable facility for ascertaining that the materials and workmanship are in accordance with these specifications. Inspection of the Work shall not relieve the Contractor of the obligation to fulfill all conditions of the Contract. ,., •,r Revised 6/15/17 Contract No. 4742 Page 62 of 104 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 inter- ests of the Agency, may be granted by the Engineer. Nothing herein shall be construed as grant- ing 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 Con- tractor 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 in- volved, shall provide for the Contractor's signature indicating acceptance. 3-2.2 Payment. 3-2.2.1 Contract Unit Prices. If a change is ordered in an item of work covered by a Contract Unit Price, and such change does not involve substantial change in character of the work 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 con- formance with the Plans and Specifications varies from the Bid quantity by 50 percent or less, payment will be made at the Contract Unit Price. 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 cov- ered by a Contract Unit Price and constructed in conformance with the Plans and Specifications, exceed the Bid quantity by more than 50 percent, payment for the quantity in excess of 150 per- cent of the Bid quantity will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Section 3-3. The Extra Work per Section 3-3, basis of payment, shall not include fixed costs. Fixed costs shall be deemed to have been recovered by the Contractor through payment for 150 percent of the Bid quantity at the Contract Unit Price. ("\ •fi' Revised 6/15/17 Contract No. 4742 Page 63 of 104 3-2.2.3 Decreases of More Than 50 Percent. Should the actual quantity of an item of work covered by a Contract Unit Price, and constructed in conformance with the Plans and Specifica- tions, be less than 50 percent of the Bid quantity, an adjustment in payment will not be made unless so requested in writing by the Contractor. If the Contractor so requests, payment will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Section 3-3; however, in no case will payment be less than would be made for the actual quantity at the Con- tract Unit Price nor more than would be made for 50 percent of the Bid quantity at the Contract Unit Price. 3-2.3 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 Contrac- tor. 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 spec- ified in Sections 3-2.2.2 and 3-2.2.3. 3.2.4.1 Schedule of Values. Prior to construction, Contractor shall provide a schedule of values for all lump sum bid items that shall be used for the purpose of progress payments. The prices shall be valid for the purpose of change orders to the project. 3.2.5 Eliminated Items. Should any Bid item be eliminated in its entirety, payment will be made to the Contractor for its actual costs incurred in connection with the eliminated item prior to notifi- cation in writing from the Engineer so stating its elimination. If material conforming to the Plans and Specifications is ordered by the Contractor for use in the eliminated item prior to the date of notification of elimination by the Engineer, and if the order for that material cannot be canceled, payment will be made to the Contractor for the actual cost of the material. In this case, the material shall become the property of the Agency. Payment will be made to the Contractor for its actual costs for any further handling. If the material is returnable, the material shall be returned and payment will be made to the Contractor for the actual cost of charges made by the supplier for returning the material and for handling by the Contractor. Actual costs, as used herein, shall be computed on the basis of Extra Work per Section 3-3. 3-3 EXTRA WORK. 3-3.1 General. New or unforeseen work will be classified as "extra work" when the Engineer determines that it is not covered by Contract Unit Prices or stipulated unit prices. 3-3.2 Payment. 3-3.2.1 General. When the price for the extra work cannot be agreed upon, the Agency will pay for the extra work based on the accumulation of costs as provided herein. l' •+;' Revised 6/15/17 Contract No. 4742 Page 64 of 104 3-3.2.2 Basis for Establishing Costs. (a) Labor. The costs of labor will be the actual cost for wages of workers performing the extra work at the time the extra work is done, plus employer payments of payroll taxes, workers com- pensation insurance, liability insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs, resulting from Federal, State, or local laws, as well as assessments or benefits required by lawful collective bargaining agreements. The use of a labor classification which would increase the extra work cost will not be permitted unless the Contractor establishes the necessity for such additional costs. Labor costs for equip- ment operators and helpers shall be reported only when such costs are not included in the invoice for equipment rental. The labor cost for foremen shall be proportioned to all of their assigned work and only that applicable to extra work will be paid. Nondirect labor costs, including superintendence, shall be considered part of the markup of Sec- tion 3-3.2.3 (a). (b) Materials. The cost of materials reported shall be at invoice or lowest current price at which such materials are locally available and delivered to the job site in the quantities involved, plus sales tax, freight, and delivery. The Agency reserves the right to approve materials and sources of supply, or to supply materials to the Contractor if necessary for the progress of the Work. No markup shall be applied to any material provided by the Agency. (c) Tool and Equipment Rental. No payment will be made for the use of tools which have a replacement value of $200 or less. Regardless of ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs shall be the edition of the, "Labor Surcharge and Equipment Rental Rates" pub- lished by CAL TRANS, current at the time of the actual use of the tool or equipment. The right-of- way delay factors therein shall be used as multipliers of the rental rates for determining the value of costs for delay to the Contractor and subcontractors, if any. The labor surcharge rates published therein are not a part of this contract. The rental rates paid shall include the cost of fuel, oil, lubrication, supplies, small tools, necessary attachments, repairs and maintenance of any kind, depreciation, storage, insurance, and all inci- dentals. Necessary loading and transportation costs for equipment used on the extra work shall be included. If equipment is used intermittently and, when not in use, could be returned to its rental source at less expense to the Agency than holding it at the Work site, it shall be returned, unless the Con- tractor elects to keep it at the Work site, at no expense to the Agency. All equipment shall be acceptable to the Engineer, in good working condition, and suitable for the purpose for which it is to be used. Manufacturer's ratings and approved modifications shall be used to classify equipment and it shall be powered by a unit of at least the minimum rating rec- ommended by the manufacturer. The reported rental time for equipment already at the Work site shall be the duration of its use on the extra work. This time begins when equipment is first put into actual operation on the extra work, plus the time required to move it from its previous site and back, or to a closer site. {"\ • .., Revised 6/15/17 Contract No. 4742 Page 65 of 104 (d) Other Items. The Agency may authorize other items which may be required on the extra work, including labor, services, material, and equipment. These items must be different in their nature from those required for the Work, and be of a type not ordinarily available from the Con- tractor or Subcontractors. Invoices covering all such items in detail shall be submitted with the request for payment. (e) Invoices. Vendors' invoices for material, equipment rental and other expenditures shall be submitted with the request for payment. If the request for payment is not substantiated by invoices or other documentation, the Agency may establish the cost of the item involved at the lowest price which was current at the time of the report. 3-3.2.3 Markup. (a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ................................... 20 2) Materials .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 15 3) Equipment Rental ................... 15 4) Other Items and Expenditures ... 15 To the sum of the costs and markups provided for in this section, 1 percent shall be added as compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Sub- contractor, the markup established in Section 3-3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 1 O percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcon- tracted portion of the extra work may be added by the Contractor. 3-3.3 Daily Reports by Contractor. When the price for the extra work cannot be agreed upon, the Contractor shall submit a daily report to the Engineer on forms approved by the Agency. Included are applicable delivery tickets, listing all labor, materials, and equipment involved for that day, and other services and expenditures when authorized. Payment for extra work will not be made until such time that the Contractor submits completed daily reports and all supporting doc- uments to the Engineer. Failure to submit the daily report by the close of the next working day may waive any rights for that day. An attempt shall be made to reconcile the report daily, and it shall be signed by the Engineer and the Contractor. In the event of disagreement, pertinent notes shall be entered by each party to explain points which cannot be resolved immediately. Each party shall retain a signed copy of the report. Reports by Subcontractors or others shall be submitted through the Contractor. The report shall: 1. Show names of workers, classifications, and hours worked. 2. Describe and list quantities of materials used. 3. Show type of equipment, size, identification number, and hours of operation, including loading and transportation, if applicable. 4. Describe other services and expenditures in such detail as the Agency may require. ('\ • ., Revised 6/15/17 Contract No. 4742 Page 66 of 104 3-4 CHANGED CONDITIONS. The Contractor shall promptly notify the Engineer of the fol- lowing Work site conditions (hereinafter called changed conditions), in writing, upon their discov- ery and before they are disturbed: 1. Subsurface or latent physical conditions differing materially from those represented in the Contract; 2. Unknown physical conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in work of the character being per- formed; and 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 perfor- mance time, the Contractor, upon submitting a written request, will be granted an extension of time subject to the provisions of 6-6. If the Engineer determines that the conditions do not justify an adjustment in compensation, the Contractor will be notified in writing. This notice will also advise the Contractor of its obligation to notify the Engineer in writing if the Contractor disagrees. The Contractor's failure to give notice of changed conditions promptly upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the Engineer, including failure or refusal to issue a change order, or for the hap- pening of any event, thing, occurrence, or other cause, unless the Contractor shall have first given the Engineer due written notice of potential claim as hereinafter specified. Compliance with this section shall not be required as a prerequisite to notice provisions in Section 6-7.3 Contract Time Accounting, nor to any claim that is based on differences in measurement or errors of computation as to contract quantities. The written notice of potential claim for changed conditions shall be submitted by the Contractor to the Engineer upon their discovery and prior to the time that the Contractor performs the work giving rise to the potential claim. The Contractor's failure to give written notice of potential claim for changed conditions to the agency upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall provide the City with a written document containing a description of the par- ticular circumstances giving rise to the potential claim, the reasons for which the Contractor be- lieves additional compensation may be due and nature of any and all costs involved within 20 working days of the date of service of the written notice of potential claim for changed condi- tions. Verbal notifications are disallowed. The potential claim shall include the following certification relative to the California False Claims Act, Government Code Sections 12650-12655. l' •+;' Revised 6/15/17 Contract No. 4742 Page 67 of 104 'The undersigned certifies that the above statements are made in full cognizance of the California False Claims Act, Government Code Sections 12650-12655. The undersigned further under- stands and agrees that this potential claim, unless resolved, must be restated as a claim in re- sponse to the City's proposed final estimate in order for it to be further considered." By:--------------Title: -------------- Date: --------------- Company Name: ___________________________ _ The Contractor's estimate of costs may be updated when actual costs are known. The Contractor shall submit substantiation of its actual costs to the Engineer within 20 working days after the affected work is completed. Failure to do so shall be sufficient cause for denial of any claim sub- sequently filed on the basis of said notice of potential claim. It is the intention of this section that differences between the parties arising under and by virtue of the contract be brought to the attention of the Engineer at the earliest possible time in order that such matters be settled, if possible, or other appropriate action promptly taken. 3-5 DISPUTED WORK. The Contractor shall give the agency written notice of potential claim prior to commencing any disputed work. Failure to give said notice shall constitute a waiver of all claims in connection therewith. If the contractor and the agency are unable to reach agreement on disputed work, the Agency may direct the contractor to proceed with the work. Prior to proceeding with dispute resolution pursuant to Public Contract Code provisions specified hereinafter, the contractor shall attempt to resolve all disputes informally through the following dispute resolution chain of command: 1. Project Inspector (a.k.a. Parks Inspector) 2. Construction Manager (a.k.a. Parks Supervisor) 3. Parks Services Manager 4. Engineer (or Parks and Recreation Director, as Engineer's approved representative) 5. City Manager The Contractor shall submit a complete report within 20 working days after completion of the disputed work stating its position on the claim, the contractual basis for the claim, along with all documentation supporting the costs and all other evidentiary materials. At each level of claim or appeal of claim the City will, within 10 working days of receipt of said claim or appeal of claim, review the Contractor's report and respond with a position, request additional information or re- quest that the Contractor meet and present its report. When additional information or a meeting is requested the City will provide its position within 10 working days of receipt of said additional information or Contractor's presentation of its report. The Contractor may appeal each level's position up to the City Manager after which the Contractor may proceed under the provisions of the Public Contract Code. The authority within the dispute resolution chain of command is limited to recommending a reso- lution to a claim to the City Manager. Actual approval of the claim is subject to the change order provisions in the contract. ,, •ff Revised 6/15/17 Contract No. 4742 Page 68 of 104 All claims by the -Contractor shall be resolved in accordance with Public Contract Code section 9204, which is set forth below: 9204. (a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner. (b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Sec- tion 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project. (c) For purposes of this section: (1) "Claim" means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following: (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 Univer- sity, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, polit- ical subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency. (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 de- partment. (iv) The Department of Corrections and Rehabilitation with respect to any project under its juris- diction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code. (v) The Military Department as to any project under the jurisdiction of that department. (vi) The Department of General Services as to all other projects. (vii) The High-Speed Rail Authority. (4) "Public works project" means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. (5) "Subcontractor" means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor. (d) (1) (A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and ,, •ff Revised 6/15/17 Contract No. 4742 Page 69 of 104 what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision. (B) The claimant shall furnish reasonable documentation to support the claim. (C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the gov- erning body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion. (D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply. (2) (A) If the claimant disputes the public entity's written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dis- pute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for set- tlement of the dispute. (B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 1 0 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section. (C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. (D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced. (E) This section does not preclude a public entity from requiring arbitration of disputes under pri- vate arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties' dispute. (3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity's failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. (4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum. {'\ •,;' Revised 6/15/17 Contract No. 4742 Page 70 of 104 (5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may re- quest in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be pre- sented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so. (e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section. (f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section. (g) This section applies to contracts entered into on or after January 1, 2017. (h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its con- tractual obligations. (i) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. In addition, all claims by Contractor for $375,000 or less shall be resolved in accordance with the procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Section 20104) which is set forth below ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS 20104. (a)(1) This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or less which arise between a contractor and a local agency. (2) This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 ( commencing with Section 10240) of Chapter 1 of Part 2. (b)(1) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that "public work" does not include any work or improvement contracted for by the state or the Regents of the University of California. (2) "Claim" means a separate demand by the contractor for (A) a time extension, (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 l' •+;' Revised 6/15/17 Contract No. 4742 Page 71 of 104 claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency. (c) The provisions of this article or a summary thereof shall be set forth in the plans or specifica- tions for any work which may give rise to a claim under this article. ( d) This article applies only to contracts entered into on or after January 1, 1991. 20104.2. For any claim subject to this article, the following requirements apply: (a) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. (b)(1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. (c)(1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. ( d) If the claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency's response or within 15 days of the local agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. (f) This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (com- mencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. l' •ff Revised 6/15/17 Contract No. 4742 Page 72 of 104 20104.4. The following procedures are established for all civil actions filed to resolve claims sub- ject to this article: (a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time re- quirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator. (b)(1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Proce- dure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure) shall apply to any proceeding brought under the subdivision consistent with the rules pertaining to judicial arbitration. (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators ap- pointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a differ- ent division. In no event shall these fees or expenses be paid by state or county funds. (3) In addition to Chapter 2.5 (commencing with Section 1141.10) Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo. (c) The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process. 20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undis- puted except as otherwise provided in the contract. (b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law. Although not to be construed as proceeding under extra work provisions, the Contractor shall keep and furnish records of disputed work in accordance with Section 3-3. l' •,;' Revised 6/15/17 Contract No. 4742 Page 73 of 104 SECTION 4-CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP. 4-1.1. General. All materials, parts, and equipment furnished by the Contractor in the Work shall be new, high grade, and free from defects. Quality of work shall be in accordance with the gener- ally accepted standards. Material and work quality shall be subject to the Engineer's approval. Materials and work quality not conforming to the requirements of the Specifications shall be con- sidered defective and will be subject to rejection. Defective work or material, whether in place or not, shall be removed immediately from the site by the Contractor, at its expense, when so di- rected by the Engineer. If the Contractor fails to replace any defective or damaged work or material after reasonable no- tice, the Engineer may cause such work or materials to be replaced. The replacement expense will be deducted from the amount to be paid to the Contractor. Used or secondhand materials, parts, and equipment may be used only if permitted by the Spec- ifications. 4-1.2 Protection of Work and Materials. The Contractor shall provide and maintain storage facilities and employ such measures as will preserve the specified quality and fitness of materials to be used in the Work. Stored materials shall be reasonably accessible for inspection. The Con- tractor shall also adequately protect new and existing work and all items of equipment for the duration of the Contract. The Contractor shall not, without the Agency's consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be neces- sary for the completion of the Contract. 4-1.3 Inspection Requirements. 4-1.3.1 General. Unless otherwise specified, inspection is required at the source for such typical materials and fabricated items as bituminous paving mixtures, structural concrete, metal fabrica- tion, metal casting, welding, concrete pipe manufacture, protective coating application, and similar shop or plant operations. Steel pipe in sizes less than 18 inches and vitrified clay and cast iron pipe in all sizes are accepta- ble upon certification as to compliance with the Specifications, subject to sampling and testing by the Agency. Standard items of equipment such as electric motors, conveyors, elevators, plumbing fixtures, etc., are subject to inspection at the job site only. Special items of equipment such as designed electrical panel boards, large pumps, sewage plant equipment, etc., are subject to in- spection at the source, normally only for performance testing. The Specifications may require inspection at the source for other items not typical of those listed in this section. The Contractor shall provide the Engineer free and safe access to any and all parts of work at any time. Such free and safe access shall include means of safe access and egress, ventilation, lighting, shoring, dewatering and all elements pertaining to the safety of persons as contained in the State of California, California Code of Regulations, Title 8, Industrial Relations, Chapter 4, Division of Industrial Safety, Subchapter 4, Construction Safety Orders and such other safety l' • ., Revised 6/15/17 Contract No. 4742 Page 74 of 104 regulations as may apply. Contractor shall furnish Engineer with such information as may be nec- essary to keep the Engineer fully informed regarding progress and manner of work and character of materials. Inspection or testing of the whole or any portion of the work or materials incorporated in the work shall not relieve Contractor from any obligation to fulfill this Contract. 4-1.3.2 Inspection of Materials Not Locally Produced. When the Contractor intends to pur- chase materials, fabricated products, or equipment from sources located more than 50 miles out- side the geographical limits of the Agency, an inspector or accredited testing laboratory (approved by the Engineer), shall be engaged by the Contractor at its expense, to inspect the materials, equipment or process. This approval shall be obtained before producing any material or equip- ment. The inspector or representative of the testing laboratory shall judge the materials by the requirements of the Plans and Specifications. The Contractor shall forward reports required by the Engineer. No material or equipment shall be shipped nor shall any processing, fabrication or treatment of such materials be done without proper inspection by the approved agent. Approval by said agent shall not relieve the Contractor of responsibility for complying with the Contract requirements. 4-1.3.3 Inspection by the Agency. The Agency will provide all inspection and testing laboratory services within 50 miles of the geographical limits of the Agency. For private contracts, all costs of inspection at the source, including salaries and mileage costs, shall be paid by the permittee. 4-1.4 Test of Material. Before incorporation in the Work, the Contractor shall submit samples of materials, as the Engineer may require, at no cost to the Agency. The Contractor, at its ex- pense, shall deliver the materials for testing to the place and at the time designated by the Engi- neer. Unless otherwise provided, all initial testing will be performed under the direction of the Engineer, and at no expense to the Contractor. If the Contractor is to provide and pay for testing, it will be stated in the Specifications. For private contracts, the testing expense shall be borne by the permittee. The Contractor shall notify the Engineer in writing, at least 15 days in advance, of its intention to use materials for which tests are specified, to allow sufficient time to perform the tests. The notice shall name the proposed supplier and source of material. If the notice of intent to use is sent before the materials are available for testing or inspection, or is sent so far in advance that the materials on hand at the time will not last but will be replaced by a new lot prior to use on the Work, it will be the Contractor's responsibility to 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 require- ments indicated in the Standard Specifications, Technical Specification, and any Supplemental Provisions. The cost of all other tests shall be borne by the Contractor. At the option of the Engineer, the source of supply of each of the materials shall be approved by the Engineer before the delivery is started. All materials proposed for use may be inspected or tested at any time during their preparation and use. If, after incorporating such materials into the Work, it is found that sources of supply that have been approved do not furnish a uniform product, or if the product from any source proves unacceptable at any time, the Contractor shall furnish approved material from other approved sources. If any product proves unacceptable after im- proper storage, handling or for any other reason it shall be rejected, not incorporated into the work and shall be removed from the project site all at the Contractor's expense. l' •;;' Revised 6/15/17 Contract No. 4742 Page 75 of 104 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 nec- essary by noncompliance with the specifications shall be borne by the Contractor. 4-1.5 Certification. The Engineer may waive materials testing requirements of the Specifica- tions and accept the manufacturer's written certification that the materials to be supplied meet those requirements. Material test data may be required as part of the certification. 4-1.6 Trade Names or Equals. The Contractor may supply any of the materials specified or offer an equivalent. The Engineer shall determine whether the material offered is equivalent to that specified. Adequate time shall be allowed for the Engineer to make this determination. Whenever any particular material, process, or equipment is indicated by patent, proprietary or brand name, or by name of manufacturer, such wording is used for the purpose of facilitating its description and shall be deemed to be followed by the words or equal. A listing of materials is not intended to be comprehensive, or in order of preference. The Contractor may offer any mate- rial, process, or equipment considered to be equivalent to that indicated. The substantiation of offers shall be submitted as provided in the contract documents. The Contractor shall, at its expense, furnish data concerning items offered by it as equivalent to those specified. The Contractor shall have the material tested as required by the Engineer to determine that the quality, strength, physical, chemical, or other characteristics, including durabil- ity, finish, efficiency, dimensions, service, and suitability are such that the item will fulfill its in- tended function. Test methods shall be subject to the approval of the Engineer. Test results shall be reported promptly to the Engineer, who will evaluate the results and determine if the substitute item is equivalent. The Engineer's findings shall be final. Installation and use of a substitute item shall not be made until approved by the Engineer. If a substitute offered by the Contractor is not found to be equal to the specified material, the Contractor shall furnish and install the specified material. The specified Contract completion time shall not be affected by any circumstance developing from the provisions of this section. The Contractor is responsible for the satisfactory performance of substituted items. If, in the sole opinion of the Engineer, the substitution is determined to be unsatisfactory in performance, ap- pearance, durability, compatibility with associated items, availability of repair parts and suitability of application the Contractor shall remove the substituted item and replace it with the originally specified item at no cost to the Agency. 4-1.7 Weighing and Metering Equipment. All scales and metering equipment used for propor- tioning materials shall be inspected for accuracy and certified within the past 12 months by the State of California Bureau of Weights and Measures, by the County Director or Sealer of Weights and Measures, or by a scale mechanic registered with or licensed by the County. {'\ •ff Revised 6/15/17 Contract No. 4742 Page 76 of 104 The accuracy of the work of a scale service agency, except as stated herein, shall meet the standards of the California Business and Professions Code and the California Code of Regula- tions pertaining to weighing devices. A certificate of compliance shall be presented, prior to oper- ation, to the Engineer for approval and shall be renewed whenever required by the Engineer at no cost to the Agency. All scales shall be arranged so they may be read easily from the operator's platform or area. They shall indicate the true net weight without the application of any factor. The figures of the scales shall be clearly legible. Scales shall be accurate to within 1 percent when tested with the plant shut down. Weighing equipment shall be so insulated against vibration or moving of other oper- ating equipment in the plant area that the error in weighing with the entire plant running will not exceed 2 percent for any setting nor 1.5 percent for any batch. 4-1.8 Calibration of Testing Equipment. Testing equipment, such as, but not limited to pres- sure gages, metering devices, hydraulic systems, force (load) measuring instruments, and strain- measuring devices shall be calibrated by a testing agency acceptable to the Engineer at intervals not to exceed 12 months and following repairs, modification, or relocation of the equipment. Cal- ibration certificates shall be provided when requested by the Engineer. 4-1.9 Construction Materials Dispute Resolution (Soils, Rock Materials, Concrete, Mortar and Related Materials, Masonry Materials, Bituminous Materials, Rock Products, and Mod- ified 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 de- fined 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 inves- tigation 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 in- formation 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 co- operative investigation concluded. Whenever the cooperative investigation is unable to reach res- olution, the investigation may then either conclude without resolution or continue by written noti- fication of one party to the other requesting the implementation of a resolution process by com- mittee. 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 acknowledge- ment, 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 Con- tractor 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 coop- erative investigation and will re-consider all available information and if necessary gather new and additional information to determine the validity, the cause, and if necessary, the remedy to the contradiction. The committee will focus upon the performance adequacy of the material(s) using standard engineering principles and practices and to ensure public value, the committee may {'\ •;;' Revised 6/15/17 Contract No. 4742 Page 77 of 104 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 inves- tigation 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 pertain- ing 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 Engi- neer a copy of lease agreements for each property where such materials are stored. The lease agreement shall clearly state the term of the lease, the description of materials allowed to be stored and shall provide for the removal of the materials and restoration of the storage site within the time allowed for the Work. All such storage shall conform to all laws and ordinances that may pertain to the materials stored and to preparation of the storage site and the location of the site on which the materials are stored. Loss, damage or deterioration of all stored materials shall be the Contractor's responsibility. Conformance to the requirements of this section, both within and outside the limits of work are a part of the Work. The Engineer shall have the right to verify the suitability of materials and their proper storage at any time during the Work. l' •+;' Revised 6/15/17 Contract No. 4742 Page 78 of 104 SECTION 5 -UTILITIES 5-1 LOCATION. The Agency and affected utility companies have, by a search of known rec- ords, 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 utili- ties indicated on the Plans is not guaranteed. Where underground main distribution conduits such as water, gas, sewer, electric power, tele- phone, or cable television are shown on the Plans, the Contractor shall assume that every prop- erty parcel will be served by a service connection for each type of utility. As provided in Section 4216 of the California Government Code, at least 2 working days prior to commencing any excavation, the Contractor shall contact the regional notification center (Under- ground Service Alert of Southern California) and obtain an inquiry identification number. The California Department of Transportation is not required by Section 4216 to become a member of the regional notification center. The Contractor shall contact it for location of its subsurface installations. The Contractor shall determine the location and depth of all utilities, including service connections, which have been marked by the respective owners and which may affect or be affected by its operations. If no pay item is provided in the Contract for this work, full compensation for such work shall be considered as included in the prices bid for other items of work. 5-2 PROTECTION. The Contractor shall not interrupt the service function or disturb the sup- port of any utility without authority from the owner or order from the Agency. All valves, switches, vaults, and meters shall be maintained readily accessible for emergency shutoff. Where protection is required to ensure support of utilities located as shown on the Plans or in accordance with Section 5-1, the Contractor shall, unless otherwise provided, furnish and place the necessary protection at its expense. Upon learning of the existence and location of any utility omitted from or shown incorrectly on the Plans, the Contractor shall immediately notify the Engineer in writing. When authorized by the Engineer, support or protection of the utility will be paid for as provided in Section 3-2.2.3 or 3-3. The Contractor shall immediately notify the Engineer and the utility owner if any utility is disturbed or damaged. The Contractor shall bear the costs of repair or replacement of any utility damaged if located as noted in Section 5-1. When placing concrete around or contiguous to any non-metallic utility installation, the Contractor shall at its expense: 1. Furnish and install a 2 inch cushion of expansion joint material or other similar resilient material; or 2. Provide a sleeve or other opening which will result in a 2 inch minimum-clear annular space between the concrete and the utility; or 3. Provide other acceptable means to prevent embedment in or bonding to the concrete. l'\ • ., Revised 6/15/17 Contract No. 4742 Page 79 of 104 Where concrete is used for backfill or for structures which would result in embedment, or partial embedment, of a metallic utility installation; or where the coating, bedding or other cathodic pro- tection system is exposed or damaged by the Contractor's operations, the Contractor shall notify the Engineer and arrange to secure the advice of the affected utility owner regarding the proce- dures required to maintain or restore the integrity of the system. 5-3 REMOVAL. Unless otherwise specified, the Contractor shall remove all interfering por- tions of utilities shown on the Plans or indicated in the Bid documents as "abandoned" or "to be abandoned in place". Before starting removal operations, the Contractor shall ascertain from the Agency whether the abandonment is complete, and the costs involved in the removal and disposal shall be included in the Bid for the items of work necessitating such removals. 5-4 RELOCATION. When feasible, the owners responsible for utilities within the area affected by the Work will complete their necessary installations, relocations, repairs, or replacements be- fore commencement of work by the Contractor. When the Plans or Specifications indicate that a utility installation is to be relocated, altered, or constructed by others, the Agency will conduct all negotiations with the owners and work will be done at no cost to the Contractor, except for man- hole frame and cover sets to be brought to grade as provided in the Standard Specifications for Public Works Construction, 2012 Edition, and the supplements thereto. Utilities which are relo- cated in order to avoid interference shall be protected in their position and the cost of such pro- tection 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 prop- erty line, or between a meter and the limits of temporary construction or slope easements. The relocation of such service connections will be paid for in accordance with provisions of Section 3- 3. Payment will include the restoration of all existing improvements which may be affected thereby. The Contractor may agree with the owner of any utility to disconnect and reconnect in- terfering service connections. The Agency will not be involved in any such agreement. In conformance with Section 5-6 the Contractor shall coordinate the work with utility agencies and companies. Prior to the installation of any and all utility structures within the limits of work by any utility agency or company, or its contractor, the Contractor shall place all curb or curb and gutter that is a part of the work and adjacent to the location where such utility structures are shown on the plans and are noted as being located, relocated or are otherwise shown as installed by others. In order to minimize delays to the Contractor caused by the failure of other parties to relocate utilities that interfere with the construction, the Contractor, upon the Engineer's approval, may be permitted to temporarily omit the portion of work affected by the utility. If such temporary omission is approved by the Engineer the Contractor shall place survey or other physical control markers sufficient to locate the curb or curb and gutter to the satisfaction of the utility agency or company. Such temporary omission shall be for the Contractor's convenience and no additional compensa- l' •+;' Revised 6/15/17 Contract No. 4742 Page 80 of 104 tion will be allowed therefore or for additional work, materials or delay associated with the tempo- rary omission. The portion thus omitted shall be constructed by the Contractor immediately fol- lowing the relocation of the utility involved unless otherwise directed by the Engineer. 5-5 DELAYS. The Contractor shall notify the Engineer of its construction schedule insofar as it affects the protection, removal, or relocation of utilities. Said notification shall be included as a part of the construction schedule required in Section 6-1. The Contractor shall notify the Engineer in writing of any subsequent changes in the construction schedule which will affect the time avail- able for protection, removal, or relocation of utilities. The Contractor will not be entitled to damages or additional payment for delays attributable to utility relocations or alterations if correctly located, noted, and completed in accordance with Sec- tion 5-1. The Contractor may be given an extension of time for unforeseen delays attributable to unrea- sonably protracted interference by utilities in performing work correctly shown on the Plans. The Agency will assume responsibility for the timely removal, relocation, or protection of existing main or trunkline utility facilities within the area affected by the Work if such utilities are not iden- tified in the Contract Documents. The Contractor will not be assessed liquidated damages for any delay caused by failure of Agency to provide for the timely removal, relocation, or protection of such existing facilities. If the Contractor sustains loss due to delays attributable to interferences, relocations, or altera- tions not covered by Section 5-1, which could not have been avoided by the judicious handling of forces, equipment, or plant, there shall be paid to the Contractor such amount as the Engineer may find to be fair and reasonable compensation for such part of the Contractor's actual loss as was unavoidable and the Contractor may be granted an extension of time. 5-6 COOPERATION. When necessary, the Contractor shall so conduct its operations as to permit access to the Work site and provide time for utility work to be accomplished during the progress of the Work. ,, •+;' Revised 6/15/17 Contract No. 4742 Page 81 of 104 SECTION 6 -PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Except as other- wise provided herein and unless otherwise prohibited by permits from other agencies as may be required by law the Contractor shall begin work within 15 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 man- agement personnel responsible for the management, administration, and execution of the project is mandatory for the meeting to be convened. Failure of the Contractor to have the Contractor's responsible project personnel attend the Preconstruction Meeting will be grounds for default by Contractor per Section 6-4. No separate payment will be made for the Contractor's attendance at the meeting. The notice to proceed will only be issued on or after the completion of the precon- struction 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 Base- line 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 re- quired 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 se- quencing, including all milestones necessary to define beginning and ending of each phase or stage. 6-1.2.1 Time-Scaled Network Diagram. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a complete time-scaled network diagram showing all of the activities, logic relationships, and milestones comprising the schedule. 6-1.2.2 Tabular Listing. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a tabular listing of all of the activities, showing for each activity the identification number, the description, the duration, the early start, the early finish, the late start, the late finish, the total float, and all predecessor and successor activities for the activity described. 6-1.2.3 Bar Chart. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a chart showing individual tasks and their durations arranged with the tasks on the vertical axis and duration on the horizontal axis. The bar chart shall use differing texture patterns or distinctive line types to show the critical path. 6-1.2.4 Schedule Software. The Contractor shall use commercially available software equal to the Windows 2000 compatible "Suretrak" program by Primavera or "Project" program by Microsoft l'\ •;;' Revised 6/15/17 Contract No. 4742 Page 82 of 104 Corporation to prepare the Baseline Construction Schedule and all updates thereto. The Contrac- tor shall submit to the Agency a CD-ROM data disk with all network information contained thereon, in a format readable by a Microsoft Windows 2000 system. The Agency will use a "Suretrak", "Project" or equal software program for review of the Contractor's schedule. Should the Contractor elect to use a scheduling program other than the "Suretrak" program by Primavera or "Project" program by Microsoft Corporation the Contractor shall provide the Engineer three copies of the substituted program that are fully licensed to the Agency and 32 class hours of on-site training by the program publisher for up to eight Agency staff members. The classes shall be presented on Mondays through Thursdays, inclusive, between the hours of 8:00 a.m. and 5:00 p.m. The on-site training shall be held at 1635 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 nor longer than 15 working days, unless specifically and individually allowed by the Engineer. The Baseline Construction Schedule shall include between 100 and 500 activi- ties, including submittals, interfaces between utility companies and other agencies, project mile- stones 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 accu- rately 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 Con- struction 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 Contrac- tor'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 du- ration 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. l'\ •+;' Revised 6/15/17 Contract No. 4742 Page 83 of 104 6-1.2.1 0 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 Contrac- tor complies with the requirements of these supplemental provisions shall be a condition prece- dent 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 Engi- neer. 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 pro- visions 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 Construc- tion 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 cor- rections 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 dur- ing the month. After first reporting an actual date, the Contractor shall not change that actual date in later updates without specific notification to the Engineer with the update. 6-1.3.2 Activity Percent Complete. For each activity underway at the end of the month, the Contractor shall report the percentage determined by the Engineer as complete for the activity. 6-1.3.3 Electronic Media. The schedule data disk shall be a CD-ROM, labeled with the project name and number, the Contractor's name and the date of preparation of the schedule data disk. The schedule data disk shall be readable by the software specified in Section 6-1.2.4 "Schedule Software" and shall be free of file locking, encryption or any other protocol that would impede full access of all data stored on it. ,, • ., Revised 6/15/17 Contract No. 4742 Page 84 of 104 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 resub- mittal 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 re- turning 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 Sec- tion 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 substan- tially 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 l"\ •;;' Revised 6/15/17 Contract No. 4742 Page 85 of 104 and explanation of each change made to the schedule. The Revised Construction Schedule will be submitted per the submittal requirements of Section 2-5.3 and per the schedule review and acceptance requirements of Section 6-1, including but not limited to the acceptance and payment provisions. As used in this section "substantially different" means a time variance greater than 5 percent of the number of days of duration for the project. 6-1. 7 Final Schedule Update. The Contractor shall prepare and submit a final schedule update when one hundred percent of the construction work is completed. The Contractor's Final Sched- ule 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 Revi- sions 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 Project Meetings. The Contractor's Representative shall attend each Project Meeting. The Project Rep- resentative shall be the individual determined under Section 7-6, "The Contractor's Representa- tive". 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 Engi- neer that the suspension is necessary in the interest of the Agency. The Contractor shall comply l'\ •,;' Revised 6/15/17 Contract No. 4742 Page 86 of 104 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 ar- chaeological 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 or lump sums bid and the quantity of the Work completed at the time of cancellation, less damages caused to the Agency by acts of the Contractor. The Contractor, in having tendered a Bid, shall be deemed to have waived any and all claims for damages because of cancellation of Contract for any such reason. If the Agency declares the Contract canceled for any of the above reasons, written notice to that effect shall be served upon the Surety. The Surety shall, within five (5) days, assume control and perform the Work as successor to the Contractor. If the Surety assumes any part of the Work, it shall take the Contractor's place in all respects for that part, and shall be paid by the Agency for all work performed by it in accordance with the Contract. If the Surety assumes the entire Contract, all money due the Contractor at the time of its default shall be payable to the Surety as the Work progresses, subject to the terms of the Contract. If the Surety does not assume control and perform the Work within 5 days after receiving notice of cancellation, or fails to continue to comply, the Agency may exclude the Surety from the prem- ises. The Agency may then take possession of all material and equipment and complete the Work by Agency forces, by letting the unfinished Work to another Contractor, or by a combination of such methods. In any event, the cost of completing the Work shall be charged against the Con- tractor and its Surety and may be deducted from any money due or becoming due from the Agency. If the sums due under the Contract are insufficient for completion, the Contractor or Surety shall pay to the Agency within 5 days after the completion, all costs in excess of the sums due. The provisions of this section shall be in addition to all other rights and remedies available to the Agency under law. ,., •ff Revised 6/15/17 Contract No. 4742 Page 87 of 104 6-5 TERMINATION OF CONTRACT. The Board may terminate the Contract at its own dis- cretion or when conditions encountered during the Work make it impossible or impracticable to proceed, or when the Agency is prevented from proceeding with the Contract by act of God, by law, or by official action of a public authority. 6-6 DELAYS AND EXTENSIONS OF TIME. 6-6.1 General. If delays are caused by unforeseen events beyond the control of the Contractor, such delays will entitle the Contractor to an extension of time as provided herein, but the Contrac- tor will not be entitled to damages or additional payment due to such delays, except as provided in 6-6.3. Such unforeseen events may include: war, government regulations, labor disputes, strikes, fires, floods, adverse weather or elements necessitating cessation of work, inability to obtain materials, labor or equipment, required extra work, or other specific events as may be further described in the Specifications. No extension of time will be granted for a delay caused by the Contractor's inability to obtain materials unless the Contractor furnishes to the Engineer documentary proof. the proof must be provided in a timely manner in accordance with the sequence of the Contractor's operations and the approved construction schedule. If delays beyond the Contractor's control are caused by events other than those mentioned above, the Engineer may deem an extension of time to be in the best interests of the Agency. The Con- tractor will not be entitled to damages or additional payment due to such delays, except as pro- vided in Section 6-6.3. If delays beyond the Contractor's control are caused solely by action or inaction by the Agency, such delays will entitle the Contractor to an extension of time as provided in Section 6-6.2. 6-6.2 Extensions of Time. Extensions of time, when granted, will be based upon the effect of delays to the Work. They will not be granted for 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 classi- fication of each workman and supervisor and the make and model of each piece of equipment placed on standby, the cumulative duration of the standby, the Contractor's opinion of the cause of the delay and a cogent explanation of why the Contractor could not avoid the delay by reason- able means. Should the Contractor fail to provide the notice(s) required by this section the Con- tractor agrees that no delay has occurred and that it will not submit any claim(s) therefore. ,, •,;' Revised 6/15/17 Contract No. 4742 Page 88 of 104 6-7 TIME OF COMPLETION. 6-7.1 General. The Contractor shall complete the Work within the time set forth in the Contract. The Contractor shall complete each portion of the Work within such time as set forth in the Con- tract for such portion. The time of completion of the Contract shall be expressed in calendar days. The Contractor shall diligently prosecute the work to Substantial Completion within 58 calendar days after the starting date specified in the Notice to Proceed and Final Completion within 72 calendar 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 associa- tion, 5. any day the Contractor is prevented from working at the beginning of the workday for cause as defined in Section 6-6.1, 6. any day the Contractor is prevented from working during the first 5 hours with at least 60 percent of the normal work force for cause as defined in Section 6-6.1. Unless otherwise approved in writing by the Engineer, the hours of work shall be between the hours of 7:00 a.m. and 4:00 p.m. on Mondays through Fridays, excluding Agency holidays. The Contractor shall obtain the written approval of the Engineer if the Contractor desires to work out- side 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. 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY. The Work will be inspected by the Engineer for acceptance upon receipt of the Contractor's written assertion that the Work has been completed. The Engineer will not accept the Work or any portion of the Work before all of the Work is com- pleted and all outstanding deficiencies that may exist are corrected by the Contractor and the Engineer is satisfied that all the materials and workmanship, and all other features of the Work, meet the requirements of all of the specifications for the Work. Use, temporary, interim or perma- nent, of all, or portions of, the Work does not constitute acceptance of the Work. If, in the Engi- neer's judgment, the Work has been completed and is ready for acceptance the Engineer will so certify to the Board. Upon such certification by the Engineer the Board may accept the completed Work. Upon the Board's acceptance of the Work the Engineer will cause a "Notice of Completion" to be filed in the office of the San Diego County Recorder. The date of recordation shall be the date of completion of the Work. All work shall be warranted for one (1) year after recordation of the "Notice of Completion" and any faulty work or materials discovered during the warranty period shall be repaired or replaced by the Contractor, at its expense. Twenty-five percent of the faithful performance bond shall be {'\ •+' Revised 6/15/17 Contract No. 4742 Page 89 of 104 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 One Thousand Dollars ($1,000.00). 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 One Thousand Dollars ($1000.00) per day is the minimum value of costs and actual damages caused by the Contractor to complete the Work within the allotted time. Any progress payments made after the specified completion date shall not constitute a waiver of this paragraph or of any dam- ages. 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 im- provement before field acceptance, except for cleanup made necessary by its operations. Nothing in this section shall be construed as relieving the Contractor from full responsibility for correcting defective work or materials. In the event the Agency exercises its right to place into service and utilize all or part of any com- pleted facility or appurtenance, the Agency will assume the responsibility and liability for injury to persons or property resulting from the utilization of the facility or appurtenance so placed into service, except for any such injury to persons or property caused by any willful or negligent act or omission by the Contractor, Subcontractor, their officers, employees, or agents. ,, •,;' Revised 6/15/17 Contract No. 4742 Page 90 of 104 SECTION 7 -RESPONSIBILITIES OF THE CONTRACTOR 7-1 CONTRACTOR'S EQUIPMENT AND FACILITIES. The Contractor shall furnish and maintain in good condition all equipment and facilities as required for the proper execution and inspection of the Work. Such equipment and facilities shall meet all requirements of applicable ordinances and laws. 7-2 LABOR. 7-2.1 General. Only competent workers shall be employed on the Work. Any person employed who is found to be incompetent, intemperate, troublesome, disorderly, or otherwise objectionable, or who fails or refuses to perform work properly and acceptably, shall be immediately removed from the Work by the Contractor and not be reemployed on the Work. 7-2.2 Laws. The Contractor, its agents, and employees shall be bound by and comply with ap- plicable provisions of the Labor Code and Federal, State, and local laws related to labor. The Contractor shall strictly adhere to the provisions of the Labor Code regarding minimum wages; the 8-hour day and 40-hour week; overtime; Saturday, Sunday, and holiday work; and nondiscrimination because of race, color, national origin, sex, or religion. The Contractor shall forfeit to the Agency the penalties prescribed in the Labor Code for violations. In accordance with the Labor Code, the Board has on file and will publish a schedule of prevailing wage rates for the types of work to be done under the Contract. The Contractor shall not pay less than these rates. Each worker shall be paid subsistence and travel as required by the collective bargaining agree- ment on file with the State of California Department of Industrial Relations. The Contractor's attention is directed to Section 1776 of the Labor Code which imposes respon- sibility upon the Contractor for the maintenance, certification, and availability for inspection of such records for all persons employed by the Contractor or Subcontractor in connection with the project. The Contractor shall agree through the Contract to comply with this Section and the re- maining provisions of the Labor Code. 7-3 LIABILITY INSURANCE. Insurance shall be required as specified in section 10 of the Public Works Contract. The cost of this insurance shall be included in the Contractor's Bid. 7-4 WORKERS' COMPENSATION INSURANCE. Before execution of the Contract by the Board, the Contractor shall file with the Engineer the following signed certification: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to un- dertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." l'\ • ., Revised 6/15/17 Contract No. 4742 Page 91 of 104 The Contractor shall also comply with Section 3800 of the Labor Code by securing, paying for, and maintaining in full force and effect for the duration of the contract, complete Workers' Com- pensation Insurance, and shall furnish a Certificate of Insurance to the Engineer before execution of the Contract. The Agency, its officers, or employees, will not be responsible for any claims in law or equity occasioned by failure of the Contractor to comply with this paragraph. All compensation insurance policies shall bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration or proposed cancellation of such policies for any reason whatsoever, the Agency shall be notified by registered mail not less than 30 days before expiration or cancellation is effective. All insurance is to be placed with insurers that are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. Policies issued by the State Compensation Fund meet the requirement for workers' compensation insurance. 7-5 PERMITS. Except as specified herein the Contractor will obtain, at no cost to the Contrac- tor all City of Carlsbad encroachment, right-of-way, 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 compen- sation will be allowed therefore. The Contractor shall obtain and pay for all costs incurred for permits necessitated by its operations such as, but not limited to, those permits required for night work, overload, blasting, and demolition. For private contracts, the Contractor shall obtain all per- mits incidental to the Work or made necessary by its operations, and pay all costs incurred by the permit requirements. The Contractor shall pay all business taxes or license fees that are required for the work. 7-6 THE CONTRACTOR'S REPRESENTATIVE. Before starting work, the Contractor shall designate in writing a representative who shall have complete authority to act for it. An alternative representative may be designated as well. The representative or alternate shall be present at the Work site whenever work is in progress or whenever actions of the elements necessitate its pres- ence to take measures necessary to protect the Work, persons, or property. Any order or com- munication given to this representative shall be deemed delivered to the Contractor. A joint ven- ture shall designate only one representative and alternate. In the absence of the Contractor or its representative, instructions or directions may be given by the Engineer to the superintendent or person in charge of the specific work to which the order applies. Such order shall be complied with promptly and referred to the Contractor or its representative. In order to communicate with the Agency, the Contractor's representative, superintendent, or per- son in charge of specific work shall be able to speak, read, and write the English language. 7-7 COOPERATION AND COLLATERAL WORK. The Contractor shall be responsible for ascertaining the nature and extent of any simultaneous, collateral, and essential work by others. The Agency, its workers and contractors and others, shall have the right to operate within or adjacent to the Work site during the performance of such work. The Agency, the Contractor, and each of such workers, contractors and others, shall coordinate their operations and cooperate to minimize interference. {'\ •f' Revised 6/15/17 Contract No. 4742 Page 92 of 104 The Contractor shall include in its Bid all costs involved as a result of coordinating its work with others. the Contractor will not be entitled to additional compensation from the Agency for dam- ages resulting from such simultaneous, collateral, and essential work. If necessary to avoid or minimize such damage or delay, the Contractor shall redeploy its work force to other parts of the Work. Should the Contractor be delayed by the Agency, and such delay could not have been reasonably foreseen or prevented by the Contractor, the Engineer will determine the extent of the delay, the effect on the project, and any extension of time. 7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility compa- nies 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 incom- plete. 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 imme- diately and the area cleaned. Excess excavation material from catch basins or similar structures shall be removed from the site immediately. Sufficient material may remain for use as backfill if permitted by the Specifications. Forms and form lumber shall be removed from the site as soon as practicable after stripping. Failure of the Contractor to comply with the Engineer's cleanup orders may result in an order to suspend work until the condition is corrected. No additional compensation will be allowed as a result of such suspension. Cleanup and dust control required herein shall also be executed on weekends and other non-working days when needed to preserve the health safety or welfare of the public. The Con- tractor shall conduct effective cleanup and dust control throughout the duration of the Contract. The Engineer may require increased levels of cleanup and dust control that, in his/her sole dis- cretion, are necessary to preserve the health, safety and welfare of the public. Cleanup and dust {". •+' Revised 6/15/17 Contract No. 4742 Page 93 of 104 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 Con- tract 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 em- ployees 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, sew- age 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. The Contractor shall comply with the California State Water Resources Control Board (SWRCB) Order Number 99-08-DWQ, National Pollutant Discharge Elimination System (NPDES) General Permit Number CAS000002, Waste Discharge Requirements (WDR's) for Discharges of Storm- water Runoff associated with Construction Activity (General Permit) and subsequent adopted modifications and with all requirements of the Storm Water Pollution Prevention and Monitoring Plans for this project in accordance with these regulations. The Notice of Intent (NOi) shall not be filed for the project. l'\ •,;' Revised 6/15/17 Contract No. 4742 Page 94 of 104. 7-8. 7 Drainage Control. The Contractor shall maintain drainage within and through the work areas. Earth dams will not be permitted in paved areas. Temporary dams of sandbags, asphaltic concrete, or other acceptable material will be permitted when necessary. Such dams shall be removed from the site as soon as their use is no longer necessary. 7-8.8 Noise Control. All internal combustion engines used in the construction shall be equipped with mufflers in good repair when in use on the project with special attention to the City Noise Control Ordinance, Carlsbad Municipal Code Chapter 8.48. 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS. The Contractor shall be responsible for the protection of public and private property adjacent to the Work and shall exercise due caution to avoid damage to such property. The Contractor shall repair or replace all existing improvements within the right-of-way which are not designated for removal (e.g., curbs, sidewalks, driveways, fences, walls, signs, utility installa- tions, pavement, structures, etc.) which are damaged or removed as a result of its operations. When a portion of a sprinkler system within the right-of-way must be removed, the remaining lines shall be capped. Repairs and replacements shall be at least equal to existing improvements and shall match them in finish and dimension. Maintenance of street and traffic signal systems that are damaged, temporarily removed or relo- cated 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 inconven- ience. The access rights of the public shall be considered at all times. Unless otherwise author- ized, traffic shall be permitted to pass through the Work, or an approved detour shall be provided. Safe and adequate pedestrian and vehicular access shall be provided and maintained to: fire hydrants; commercial and industrial establishments; churches, schools and parking lots; service stations and motels; hospitals; police and fire stations; and establishments of similar nature. Ac- cess to these facilities shall be continuous and unobstructed unless otherwise approved by the Engineer. Safe and adequate pedestrian zones and public transportation stops, as well as pedestrian cross- ings of the Work at intervals not exceeding 90 m (300 feet), shall be maintained unless otherwise approved by the Engineer. ,, • ., Revised 6/15/17 Contract No. 4742 Page 95 of 104 Vehicular access to residential driveways shall be maintained to the property line except when necessary construction precludes such access for reasonable periods of time. If backfill has been completed to the extent that safe access may be provided, and the street is opened to local traffic, the Contractor shall immediately clear the street and driveways and provide and maintain access. The Contractor shall cooperate with the various parties involved in the delivery of mail and the collection and removal of trash and garbage to maintain existing schedules for these services. Grading operations, roadway excavation and fill construction shall be conducted by the Contractor in a manner to provide a reasonably satisfactory surface for traffic. When rough grading is com- pleted, the roadbed surface shall be brought to a smooth, even condition satisfactory for traffic. Unless otherwise authorized, work shall be performed in only one-half the roadway at one time. One half shall be kept open and unobstructed until the opposite side is ready for use. If one-half a street only is being improved, the other half shall be conditioned and maintained as a detour. The Contractor shall schedule the work so as to prevent damage by all traffic, including but not limited to mail delivery. The Contractor shall not schedule work so as to conflict with trash pickup. The trash hauling schedule can be obtained by calling the City's contracted waste disposal com- pany, Coast Waste Management at 929-9417. During overlay operations, the Contractors schedule for overlay application shall be designated to provide residents and business owners whose streets are to be overlaid sufficient paved park- ing within an 800 foot distance from their homes or businesses. Seventy-two hours prior to the start of any construction in the public right-of-way that affects ve- hicular traffic and/or parking or pedestrian routes, the Contractor shall give written notification of the impending disruption. For a full street closure, all residences and/or businesses on the af- fected street or alley shall be notified. For partial street closures, or curb, sidewalk and driveway repairs, the residences and/or businesses directly affected by the work shall be notified. The notification shall be hand delivered and shall state the date and time the work will begin and its anticipated duration. The notification shall list two telephone numbers that may be called to obtain additional information. One number shall be the Contractor's permanent office or field office and the other number shall be a 24-hour number answered by someone who is knowledgeable about the project. At least one of the phone numbers shall be in the (760) area code. An answering machine shall not be connected to either number. The notification shall also give a brief descrip- tion of the work and simple instructions to the home or business owner on what they need to do to facilitate the construction. The Contractor shall submit the contents of the notification to the Engineer for approval. Notices shall not be distributed until approved by the Engineer. For residences, the notification shall be pre-cut in a manner that enables it to be affixed to a doorknob without adhesives. It shall be a minimum size of 3-1/2 inches by 8-1/2 inches and shall be brightly colored with contrasting printing. The material shall be equivalent in strength and du- rability to 65 lb. card stock. The printing on the notice shall be no smaller than 12 point. An exam- ple of such notice is provided in Appendix "A". In addition to the notifications, the contractor shall post no parking signs 72 hours in advance of the work being performed. The no parking signs shall state the date and time of parking restriction for a duration not to exceed the time necessary to complete the work at that location. Failure of the contractor to meet the posted date requires re-posting the no parking signs 72 hours in ad- vance of the rescheduled work. If the work is delayed or rescheduled the no parking signs shall ,, •ff Revised 6/15/17 Contract No. 4742 Page 96 of 104 be removed and re-posted 72 hours in advance of the rescheduled work. The preparation, materials, printing and distribution of the notifications shall be included in the contract price bid for traffic control and the Contractor will not be entitled to any additional com- pensation for printing and distributing these notices. The contractor shall replace all street markings and striping damaged by construction activities. The Contractor shall include in its Bid all costs for the above requirements. 7-10.2 Storage of Equipment and Materials in Public Streets. Construction materials shall not be stored in streets, roads, or highways for more than 5 days after unloading. All materials or equipment not installed or used in construction within 5 days after unloading shall be stored else- where by the Contractor at its expense unless authorized additional storage time. Construction equipment shall not be stored at the Work site before its actual use on the Work nor for more than 5 days after it is no longer needed. Time necessary for repair or assembly of equip- ment may be authorized by the Engineer. Excavated material, except that which is to be used as backfill in the adjacent trench, shall not be stored in public streets unless otherwise permitted. After placing backfill, all excess material shall be removed immediately from the site. 7-10.4 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 Con- tractor 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 pro- vided, or required by law. 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 Contrac- tor 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. ,, •f' Revised 6/15/17 Contract No. 4742 Page 97 of 104 7-11 PATENT FEES OR ROYALTIES. The Contractor shall absorb in its Bid the patent fees or royalties on any patented article or process furnished or used in the Work. The Contractor shall indemnify and hold the Agency harmless from any legal action that may be brought for infringe- ment of patents. 7-12 ADVERTISING. The names, addresses and specialties of Contractors, Subcontractors, architects, or engineers may be displayed on removable signs. The size and location shall be subject to the Engineer's approval. Commercial advertising matter shall not be attached to or painted on the surfaces of buildings, fences, canopies, or barricades. 7-13 LAWS TO BE OBSERVED. The Contractor shall keep fully informed of State and Na- tional laws and County and Municipal ordinances and regulations which in any manner affect those employed in the Work or the materials used in the Work or in any way affect the conduct of the Work. The Contractor shall at all times observe and comply with such laws, ordinances, and regulations. Municipal ordinances that affect this work include Chapter 11.06. Excavation and Grading. If this notice specifies locations or possible materials, such as borrow pits or gravel beds, for use in the proposed construction project which would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the conditions established pursuant to Section 1601 et seq. of the Fish and Game Code shall become conditions of the contract. 7-14 ANTITRUST CLAIMS. Section 7103.5 of the Public Contract Code provides: "In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec 15) or Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or subcontract. The assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment of the par- ties." ,, •~ Revised 6/15/17 Contract No. 4742 Page 98 of 104 SECTION 8 -FACILITIES FOR AGENCY PERSONNEL 8-1 GENERAL. A field office for agency personnel is not required. ('\ •+;' Revised 6/15/17 Contract No. 4742 Page 99 of 104 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 meas- urements 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 sec- tions involved. 9-2 LUMP SUM WORK. Items for which quantities are indicated "Lump Sum", "L.S.", or "Job", shall be paid for at the price indicated in the Bid. Such payment shall be full compensation for the items of work and all work appurtenant thereto. When required by the Specifications or requested by the Engineer, the Contractor shall submit to the Engineer within 15 days after award of Contract, a detailed schedule in triplicate, to be used only as a basis for determining progress payments on a lump sum contract or designated lump sum bid item. This schedule shall equal the lump sum bid and shall be in such form and sufficiently detailed as to satisfy the Engineer that it correctly represents a reasonable apportionment of the lump sum. 9-3 PAYMENT 9-3.1 General. The quantities listed in the Bid schedule will not govern final payment. Payment to the Contractor will be made only for actual quantities of Contract items constructed in accord- ance with the Plans and Specifications. Upon completion of construction, if the actual quantities show either an increase or decrease from the quantities given in the Bid schedule, the Contract Unit Prices will prevail subject to the provisions of Section 3-2.2.1. The unit and lump sum prices to be paid shall be full compensation for the items of work and all appurtenant work, including furnishing all materials, labor, equipment, tools, and incidentals. Payment will not be made for materials wasted or disposed of in a manner not called for under the Contract. This includes rejected material not unloaded from vehicles, material rejected after it has been placed, and material placed outside of the Plan lines. No compensation will be allowed for disposing of rejected or excess material. Payment for work performed or materials furnished under an Assessment Act Contract will be made as provided in particular proceedings or legislative act under which such contract was awarded. Whenever any portion of the Work is performed by the Agency at the Contractor's request, the cost thereof shall be charged against the Contractor, and may be deducted from any amount due or becoming due from the Agency. l' •ff Revised 6/15/17 Contract No. 4742 Page 100 of 104 Whenever immediate action is required to prevent injury, death, or property damage, and precau- tions which are the Contractor's responsibility have not been taken and are not reasonably ex- pected to be taken, the Agency may, after reasonable attempt to notify the Contractor, cause such precautions to be taken and shall charge the cost thereof against the Contractor, or may deduct such cost from any amount due or becoming due from the Agency. Agency action or inaction under such circumstances shall not be construed as relieving the Contractor or its Surety from liability. Payment shall not relieve the Contractor from its obligations under the Contract; nor shall such payment be construed to be acceptance of any of the Work. Payment shall not be construed as the transfer of ownership of any equipment or materials to the Agency. Responsibility of owner- ship shall remain with the Contractor who shall be obligated to store any fully or partially com- pleted work or structure for which payment has been made; or replace any materials or equipment required to be provided under the Contract which may be damaged, lost, stolen or otherwise degraded in any way prior to acceptance of the Work, except as provided in Section 6-10. Guarantee periods shall not be affected by any payment but shall commence on the date of re- cordation of the "Notice of Completion." If, within the time fixed by law, a properly executed notice to stop payment is filed with the Agency, due to the Contractor's failure to pay for labor or materials used in the Work, all money due for such labor or materials will be withheld from payment to the Contractor in accordance with appli- cable laws. At the expiration of 35 days from the date of acceptance of the Work by the Board, or as pre- scribed by law, the amount deducted from the final estimate and retained by the Agency will be paid to the Contractor except such amounts as are required by law to be withheld by properly executed and filed notices to stop payment, or as may be authorized by the Contract to be further retained. 9-3.2 Partial and Final Payment. The Engineer will, after award of Contract, establish a closure date for the purpose of making monthly progress payments. The Contractor may request in writing that such monthly closure date be changed. The Engineer may approve such request when it is compatible with the Agency's payment procedure. Each month, the Engineer will make an approximate measurement of the work performed to the closure date as basis for making monthly progress payments. The estimated value will be based on contract unit prices, completed change order work and as provided for in Section 9-2 of these General Provisions. Progress payments shall be made no later than thirty (30) calendar days after the closure date. Five (5) working days following the closure date, the Engineer shall complete the detailed progress pay estimate and submit it to the Contractor for the Contractor's information. Should the Contractor assert that additional payment is due, the Contractor shall within ten (10) days of receipt of the progress estimate, submit a supplemental payment request to the Engineer with adequate justification supporting the amount of supplemental payment request. Upon receipt of the supplemental payment request, the Engineer shall, as soon as practicable after receipt, determine whether the supplemental payment request is a proper payment request. If the Engi- neer 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 ,, •;;' Revised 6/15/17 Contract No. 4742 Page 101 of 104 undisputed and properly submitted supplemental payment request from the Contractor. If pay- ment 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 re- maining 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 liqui- dated damages under 6-9. As provided in Section 22300 of the California Public Contract Code, the Contractor may substi- tute 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 corre- sponding 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 Esti- mate. 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 adjust- ments on the Final Payment. Remaining disputed quantities or amounts not approved by the Engineer will be subject to resolution as specified in Section 3-5, Disputed Work. The written statement filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said disputed items. The Engineer will consider the merits of the Contractor's claims. It will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying payment for the disputed items. 9-3.2.1 Payment for Claims. Except for those final payment items disputed in the written state- ment 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 {'\ •ff Revised 6/15/17 Contract No. 4742 Page 102 of 104 or protest is required under any provision of this contract including Sections 3-4 Changed Condi- tions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written Notice and Re- port, 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 con- tentions 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. 9-3.3.1 Delivered Materials. The cost of materials and equipment delivered but not incorporated into the work will not be included in the progress estimate. 9-3.4.1 Mobilization and Preparatory Work. Payment for mobilization and preparatory Work will be included in the various items of work and no other payment will be made. 9-4 BID ITEMS. Payment for each Bid Item shall be made at the quantity and type as listed in the Contractor's Proposal. All work shown or mentioned on the plans, in the Contract Documents, General Provisions, or Technical Provisions/Specifications shall be considered as included in the Bid Items. Contractor must protect existing utilities, improvements, landscaping, irrigation sys- tems, and vegetation in place. If damaged during the work, Contractor is responsible to repair or replace any utilities, improvements, landscaping, irrigation systems, and vegetation at his ex- pense. l'\ •ff Revised 6/15/17 Contract No. 4742 Page 103 of 104 TECHNICAL SPECIFICATIONS/ SPECIAL CONSTRUCTION PROVISIONS FOR STAGECOACH COMMUNITY PARK SYNTHETIC TURF REPLACEMENT CONTRACT NO. 4742 Table of Contents DIVISION 01 -GENERAL REQUIREMENTS 010100 Summary of Work DIVISION 02 -SITE WORK 011100 Site Preparation DIVISION 03 -CONCRETE 033000 Sitework Concrete DIVISION 11 -EQUIPMENT 116824 Exterior Athletic Equipment DIVISION 32 -EXTERIOR IMPROVEMENTS 321823 323113 In-filled Synthetic Turf Chain Link Fencing and Gates DIVISION 33 -UTILITIES 334616 334623 Field Subsurface Drainage Field Permeable Aggregate SPECIFICATIONS ON THE FOLLOWING PAGES ,, •+;' Revised 6/15/17 Contract No. 4742 Page 104 of 104 July 29, 2019 ADDENDUM NO. 1 (cicyof Carlsbad RE: STAGECOACH COMMUNITY PARK SYNTHETIC TURF REPLACEMENT PROJECT NO.: 4742 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 date and time for the above-mentioned bid. New date and time for the MANDATORY pre-bid meeting is: Thursday, August 15, 2019, 11:30 a.m. Location for the MANDATORY pre-bid meeting: (Remains the same) Stagecoach Community Park 3420 Camino de Los Coches, Carlsbad, CA 92009 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 Brangwin, Vice President Public Works Contract Administration 1635 Faraday Avenue I Carlsbad, CA 92008 I 760-602-4677 t From: CITY OF CARLSBAD Stagecoach Community Park Synthetic Turf Replacement Contract No. 47 42 Bid No. PWS20-832PKS Addendum No. 1 Graham Jordan, Contract Administrator Phone: 760-602-2462 graham.jordan@carlsbadca.gov No. of Pages: 2 pages (including this page) Date: July 29, 2019 Bid Opening Date: August 29, 2019 -11 a.m. (unchanged) NOTICE: This Addendum forms a part of the Contract Documents for the above identified project and modifies portions of the original Contract Specifications. Documents not specifically mentioned in this Addendum remain in full force. Acknowledge receipt of this Addendum on the Bid Form. Failure to do so may subject bidder to disqualification. MODIFICATIONS, DELETIONS, AND ADDITIONS TO SPECIFICATIONS Notice Inviting Bids 1) DELETE the last sentence of the second paragraph on page 6. The paragraph should read as follows: The work includes installation and maintenance of temporary erosion and sedimentation controls; demolition and disposal of existing infilled synthetic turf and infill materials; re-use of existing permeable aggregate base materials; removal of existing natural turf and bullpen surfacing and installation of new subsurface drainage lateral piping and connection to existing structures; finish grading of existing permeable aggregate surface with addition of new material as required; installation of a new perimeter edge nailer to existing concrete paving and curbs; furnish and install soccer goals and anchors; installation of infilled synthetic turf surfacing including tufted and inlaid lines and markings; fencing; concrete curbs; clean-up and demobilization. Alternate 'Nork Contract No. 4742 -STAGECOACH COMMUNITY PARK SYNTHETIC TURF REPLACEMENT Addendum No. 1 1 items inolude furnish and install a supplemental pad system above the permeable aggregate and below the synthetio turf. 2) The date and time for the MANDATORY pre-bid meeting listed on page 9 has changed. The NEW DATE and TIME is August 15, 2019 at 11:30 a.m. The location remains the same - Stagecoach Community Park, 3420 Camino de Los Caches, Carlsbad CA 92009. Contract No. 4742 -STAGECOACH COMMUNITY PARK SYNTHETIC TURF REPLACEMENT Addendum No. 1 2 August 21, 2019 ADDENDUM NO. 2 RE: Stagecoach Community Park Synthetic Turf Replacement; Contract No. 4742; Bid No. PWS20-832PKS ('city of Carlsbad Please include the attached addendum in the Notice to Bidder/Request for Bids you have for the above project. Please note change in due date for the above-mentioned bid. New date for bid opening is: September 12, 2019 Time remains the same: 11 a.m. This addendum--receipt acknowledged--must be included to your bid when your bid is submitted. t ck ~ Jan~::: on ::~-j Graham Jordan Contract Administrator I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 2 rangwin, Vice President CITY OF CARLSBAD Stagecoach Community Park Synthetic Turf Replacement Contract No. 47 42 Bid No. PWS20-832PKS Addendum No. 2 From: Janean Hawney on behalf of Graham Jordan, Contract Administrator Phone: 760-602-4677 graham.jordan@carlsbadca.gov No. of Pages: 2 pages (including this page) Date: August 22, 2019 Bid Opening Date: September 12, 2019 August 29, 2019 -11 a.m. (extended 2 weeks) NOTICE: This Addendum forms a part of the Contract Documents for the above identified project and modifies portions of the original Contract Specifications. Documents not specifically mentioned in this Addendum remain in full force. Acknowledge receipt of this Addendum on the Bid Form. Failure to do so may subject bidder to disqualification. MODIFICATIONS, DELETIONS, AND ADDITIONS TO SPECIFICATIONS Notice Inviting Bids 1) MODIFY the bid opening date to be September 12, 2019, 11 a.m. 321823 -lnfilled Synthetic Turf 1) MODIFY paragraph 1.03 A to read as follows: A. The following vendors and corresponding products are pre-approved for the Synthetic Turf Field surface: Astroturf -Game Day Grass 3D Extreme 52, 2" Sprinturf -DFE 52 oz. with Nylon Thatch Fieldturf -FTVX-50-MTX Shaw Sports Surfaces -Spike Zone Pro 2.0 Contract No. 4742 - Stagecoach Community Park Synthetic Turf Replacement Addendum No. 2 1 760-500-7071 206-276-9393 760-310-2139 310-617-8396 2) MODIFY paragraph 1.01 A.1. to read as follows: 1. TenCate Tapeslide XP, Monoslide; Astroturf.; ITS; Fieldturf: Shaw Sport Surfaces 3) MODIFY paragraph 1.05 B to read as follows: The manufacturer of the synthetic turf system must have produced a minimum of tweAty ~ ten (10) successful in-filled fields of full size (70,000 sf or larger) and outdoors within the past two (2) years of the exact product proposed for use. 4) MODIFY paragraph 1.05 D to read as follows: The installer of the synthetic turf system shall have installed a minimum of five (5) successful in-filled synthetic fields of full size (70,000 sf or larger) in North America with the product vendor utilizing multi-fiber products and the exact product proposed for -HSe. End of Addendum No. 2 Contract No. 4742 - Stagecoach Community Park Synthetic Turf Replacement Addendum No. 2 2 Consent in Lieu of Special Meeting of Directors In accordance with the provisions of the Washington Business Corporation Act for unanimous consent of the directors in lieu of meetings, and for waiver of notice thereof, the undersigned, being all the directors of Ohno Construction Company hereby, expressly in lieu of a special meeting of directors, consent to and approve the resolutions set forth below. RESOLVED, that the following persons are authorized to sign contracts on behalf of the Corporation: Y oshio A. Ohno, President Richard L. Brangwin, Vice President Michio Marcus Ohno, Chief Operating Officer/ Treasurer Barbara Ohno, Secretary Joseph Fant, Senior Project Manager Tyler Britz, Senior Project Manager/ Assistant Vice President Jeffrey Byerly, Senior Project Manager 7 Certified to be a true copy of a resolution duly adopted by the Board of Directors of Ohno Construction~C~UJ+~-Y-:--- Corporate Seal: Date: June 26, 2019 City of Carlsbad Stagecoach Community Park Synthetic Turf Replacement SECTION 010100 SUMMARY OF WORK PART 1 -GENERAL 1.01 SCOPE OF WORK A. This contract includes work as described below. The description is summarized and may not include specific reference to all incidental work elements required to complete the contract. Include all labor, materials, equipment and incidentals required for completion of the work as shown on the Drawings and specified herein, at the following Project Location; Stagecoach Community Park 3420 Camino De Los Caches Carlsbad, CA 92009 B. The work consists of Base Bid items generally described as follows; 1. The work includes, but is not limited to installation and maintenance of temporary erosion and sedimentation controls; demolition and disposal of existing infilled synthetic turf and infill materials; re-use of existing permeable aggregate base materials; removal of existing natural turf and bullpen surfacing and installation of new subsurface drainage lateral piping and connection to existing structures; finish grading of existing permeable aggregate surface with addition of new material as required; installation of a new perimeter edge nailer to existing concrete paving and curbs; furnish and install soccer goals and anchors; installation of infilled synthetic turf surfacing including tufted and inlaid lines and markings; fencing; concrete curbs; clean-up and demobilization. C. Achieve Final Completion within the allotted time, 1.05.B. D. Sequencing of work to achieve and maintain compliance with all applicable codes, regulations, and permits. See Paragraph 1.05 below. 1.02 CONTRACTS A. There will be one Contract for the project, which includes the Work described in the Project Manual and Drawings. B. The Contractor shall provide all items, articles, materials, operations or methods listed, noted or scheduled on the Drawings and/or Project Manual, including all labor, equipment and incidentals necessary and required for proper and timely completion of the Work. The Contractor shall use new materials unless specifically noted or directed. C. Work not specifically covered in the project manual and or drawings shall be performed in accordance with the current Greenbook Standard Specifications and Plans or City, County, State or National reference standards. ,, •+;' Revised 07 /16/19 Contract No. 4742 PAGE 1 OF 6 City of Carlsbad Stagecoach Community Park Synthetic Turf Replacement SECTION 010100 SUMMARY OF WORK 1.03 USE OF DOCUMENTS A. Technical Specifications are enumerated in the Table of Contents of the Project Manual. The numbering of Sections is for identification only and may not be consecutive. The Contractor shall check his/her copies of the Specifications with the Table of Contents to verify that they are complete. The Contractor shall notify the Engineer of incomplete copies. 1.04 COPIES FURNISHED A. The Contractor shall be furnished five (5) copies of the Contract Documents without charge. Contractor may obtain additional partial or complete copies as the existing supply allows and when depleted, from the City at the cost of reproduction. 1.05 WORK SEQUENCE AND SCHEDULES A. Permits covering the work may have specific constraints related to weather etc. The Contractor will conform to all requirements and reflect same on all Construction Progress Schedules. B. Notice to Proceed and Contract Time for Completion 1. Notice to Proceed will be issued as soon as practical following Award and Execution of the Contract, anticipated to be October 23, 2019. 2. Preconstruction meeting to occur approximately December 4, 2019. 3. Construction activities can commence on site not earlier than December 9, 2019. 4. Substantial Completion of the project will be achieved by February 5, 2020. 5. Final Completion of the project will be achieved by February 19, 2020. 1.06 ORDERING LONG LEAD EQUIPMENT/MATERIAL ITEMS A. The Contractor shall schedule and prioritize the ordering and delivery of material as required insuring that the Work can be completed within the Contract Time. 1.07 ENGINEER FURNISHED WORK, MATERIALS, AND OR EQUIPMENT A. The Engineer will provide, at the request of the Contractor, electronic data to be used in the horizontal and vertical control of the work. Electronic Data is provided exclusively at the convenience of the Contractor. It will remain the responsibility of the Contractor to verify the accuracy of the data prior to any construction. 1.08 RECORD OF EXISTING IMPROVEMENTS A. Contractor shall provide to the Engineer a digital video recording that thoroughly documents the existing conditions of the entire project site and immediate vicinity, specifically including but not limited to all perimeter edge conditions, driveways, sidewalks, and roads adjacent to the site, all landscape elements and features, ,., •,;' Revised 07 /16/19 Contract No. 4742 PAGE 2 OF 6 City of Carlsbad Stagecoach Community Park Synthetic Turf Replacement SECTION 010100 SUMMARY OF WORK utility structures, and structures and surfaces on the site not scheduled for removal or repair. The Contractor shall have a responsible representative perform the recording or hire a digital recording production consultant that specializes in this function, and alert the Engineer as to the scheduled time and date of the recording in the event that the Engineer exercises the option of being present. One copy of the completed digital record shall be submitted to the Engineer prior to beginning work. One copy of the digital record shall be kept on file with the Contractor. B. During the course of inspection and video documentation, the Contractor shall identify existing improvements to remain that, in the opinion of the Contractor, are beyond any reasonable potential for repair should they become damaged during the course of the execution of the Contract. The Contractor shall submit in writing for the Engineers concurrence a list and description of all such existing improvements. D. Where damage to existing improvements to remain that are not previously documented as described in paragraph 1.1 O.B above occurs as a result of the execution of the Contract, the Contractor agrees to provide repair to, or replacement of, the improvement as described by the City of Carlsbad Standard Plans and Specifications (most recent edition) and/or the City of Carlsbad Design Standards, regardless of the condition of the improvement prior to proceeding with the work. 1.09 CONTRACTOR'S USE OF PREMISES A. Hours of Work: The contractor shall limit their work to between the hours of 7 am and 5 pm, Monday through Friday, excluding agency holidays. Any other times of work shall be by approval of the Engineer. B. Keys: Access to certain utilities will require that the Contractor coordinate their initial access with the Engineer. The Contractor will anticipate this need and schedule accordingly, allowing a minimum of 48 hours of confirmed advanced notice prior to any need. C. Access: 1. The Contractor and their subcontractors will be allowed on site only during the established working periods. The Contractor shall only use the designated location for site access. 2. The Contractor shall also cooperatively address issues such as the City's normal maintenance activities, service truck routes, special events, and other adjacent work that may be taking place. These issues will be addressed as needed at regular weekly construction progress meetings. 3. The Contractor shall provide temporary fencing and other protection of the work area to limit public access in to and throughout the work area. ,, • ., Revised 07 /16/19 Contract No. 4742 PAGE 3 OF 6 D. Parking: City of Carlsbad Stagecoach Community Park Synthetic Turf Replacement SECTION 010100 SUMMARY OF WORK 1. The Contractor shall utilize the work site only for parking where indicated on the drawings. 2. Keep all fire lanes clear and store no materials in facility parking areas unless specifically identified for such use on the contract drawings. E. Staging: 1. The Contractor shall prepare a staging plan to show locations of materials, trailers, and fencing layouts. Staging area shall be to the west and south of the existing field area. Entire staging area shall be fenced secure for all materials, equipment, parking throughout the entirety of the contract period. F. Miscellaneous: Other items of Contractor Responsibility include, but are not limited to: 1. Maintaining pedestrian and vehicular access to and around existing facilities. 2. Not unreasonably encumbering site with materials or equipment. 3. Assuming full responsibility for protection and safekeeping of products stored on the premises. 4. Obtaining and paying for use of additional storage or work areas needed for operation. 5. Repair/re assembly of any fencing removed for construction access 6. Repair/replacement of any irrigation system or landscape planting removed for construction access. 7. Patching any damaged existing paving on adjacent properties. 8. Keeping roads and other areas clean of dirt and other debris. 1.10 STORAGE AND PROTECTION A. Store products in accordance with manufacturer's instruction, seals and labels intact and legible. 1. Store products subject to damage by the elements in weather-tight enclosures. 2. Maintain temperature and humidity within the ranges required by manufacturer's instructions. 3. Storage of hazardous materials and wastes shall be in accordance with local, State and Federal fire codes and regulations. 4. Note requirements on Materials Safety Data Sheets (MSDS). B. Exterior Storage: 1. Store fabricated products above ground. Position on blocking or skids; prevent soiling or staining. Cover products subject to deterioration with impervious sheet coverings. Provide adequate ventilation to avoid condensation. ,, •ff Revised 07 /16/19 Contract No. 4742 PAGE 4 OF 6 City of Carlsbad Stagecoach Community Park Synthetic Turf Replacement SECTION 010100 SUMMARY OF WORK 2. Store loose granular materials in well-drained areas on solid surfaces. Prevent mixing with foreign matter. C. Do not store materials for other projects on sites unless specifically approved by the Engineer. 1.11 SALVAGED MATERIALS A. Salvage only those items that are noted in the Contract Documents. The City retains first right of refusal to all salvaged materials, equipment, and or products identified or not identified in the Contract Documents that are affected as part of the Contract Work. 1.12 DISPOSAL OF DEBRIS A. All disposal of debris resulting from the Contract Work, unless specifically allocated to another scope of work, shall be the responsibility of the Contractor. This includes scheduling, costs and interference in the use of trash collecting, containers, trucks, etc. The Contractor is responsible for awareness of, understanding of, and compliance with all local, state and federal regulation regarding the disposal of any hazardous and non-hazardous wastes. 1.13 SAFETY AND ENVIRONMENTAL CONCERNS A. Material Safety Data Sheets (MSDS) for all chemicals (including adhesives and paints) used in the performance of the contractors duties must be identified in advance to the Engineer, posted on a specified bulletin board at least 10 working days before first using the material, and comply with MSDS recommended practice. B. Section 021100 Site Preparation includes requirements related to the handling and disposal of existing materials on the site. C. The Contractor shall provide barricades, safety guards, temporary fencing, signage and/or other methods to secure trenches, open excavations, and other unsafe conditions resulting from this construction. Contractor shall adhere to all safety regulations. 1.14 WORK QUALITY STANDARDS A. The Technical Specifications of the Contract reference specific published standards for materials and craftsmanship. 1.15 PROJECT MANAGEMENT A. Management of the project shall conform to the requirements established by the General Conditions of the Contract. Further to those requirements refer to the requirements identified in Section 7-6 regarding the Contractor's Representative. {'\ •,;' Revised 07 /16/19 Contract No. 4742 PAGE 5 OF 6 City of Carlsbad Stagecoach Community Park Synthetic Turf Replacement SECTION 010100 SUMMARY OF WORK Contractor shall have a responsible representative with authority on the project at all times when work is in progress. The Superintendent of the work shall have experience in the management of projects of a similar scope of work and nature, and shall be familiar with all aspects of the proposed construction. Experience of the Superintendent shall include at least five (5) previous projects that include demolition, grading of permeable aggregate materials, and installation of synthetic turf surfacing. Documentation of experience shall be provided as a required submittal that is subject to approval and acceptance by the City and the Engineer. PART 2 -PRODUCTS: (Not Used) PART 3 -EXECUTION: (Not Used) -END OF SECTION - l' •ff Revised 07 /16/19 Contract No. 4742 PAGE 6 OF 6 City of Carlsbad Stagecoach Community Park Synthetic Turf Replacement SECTION 021100 SITE PREPARATION PART 1 -GENERAL 1.01 SUMMARY A. Work specified in this section includes, but is not necessarily limited to, the following: 1. Prepare and submit for approval the Regional Water Quality Control Board and State of California, a Storm Water Pollution and Prevention Plan for the proposed work. Preparation of the plan shall be complete by a certified QSD and maintained by a QSP, as required by State of California and City of Carlsbad. 2. Removal and off-site disposal of existing synthetic turf and infill materials from the field area. Contractor shall make every effort to recycle the turf and infill materials to the greatest extent practical. 3. Demolition and removal of other items as shown on the plans and as required for the construction activities including base and plate inserts, existing natural turf surfacing, irrigation systems, concrete curbs and edges and chain link fencing. 4. Remove and salvage for reinstallation existing chain link fencing to provide for construction access to the project site. 5. Document existing vegetation and irrigation systems required to be removed to provide construction access to the work area. Provide written summary on site plan and furnish to the Owner and Engineer. Replacement and/or repair of elements removed will be a requirement of completion. 6. Protecting from harm objects selected to remain. 7. The Contractor shall take all precautions to protect the existing permeable aggregate base materials to remain during the removal of the existing synthetic turf. Construction traffic should be limited to areas of the existing synthetic turf rather than on the surface of the permeable aggregate base. 8. The Contractor shall re-grade and compact the permeable aggregate base areas to remain that are damaged, disturbed and displaced by the turf removal activities, as well as provide new planarity for the entire permeable aggregate surface. 9. Specific areas requiring removal and replacement of permeable aggregate materials have been identified on the contract documents. Import of materials shall include a combination of top course permeable aggregate, washed plaster sand or C-Mix. 10. The Contractor shall establish planarity for the entire field surface. For field adjustments where permeable aggregate top course or C-Mix material is not used, washed plaster sand may be used as specified. 11. Backfill with top course permeable aggregate over new lateral subsurface drainage piping. 12. For purposes of quantity measurement, the Contractor shall assume a minimum import requirement of 700 ton of material shall be imported and placed, of various types. 13. Remove and replace existing perimeter edge nailer at the perimeter of the field. Adjust top elevation as needed dependent upon inclusion of supplemental pad ,, • ., Revised 07 /16/19 Contract No. 4742 PAGE 1 OF 10 City of Carlsbad Stagecoach Community Park Synthetic Turf Replacement SECTION 021100 SITE PREPARATION system. For purposes of quantity measurement, the Contractor shall assume the entire perimeter will require either adjustment or replacement. Evaluation of the existing nailer will be completed by the Contractor and Engineer following removal of the existing synthetic turf surface. 1.02 RELATED WORK SPECIFIED IN OTHER SECTIONS A. Section 321823 lnfilled Synthetic Turf B. Section 334616 Field Subsurface Drainage C. Section 334623 Field Permeable Aggregate 1.03 EXISTING SITE CONDITIONS A. Refer to drawings for existing condition information. B. Owner not responsible for changes in the topography after survey record drawing verification was made or for accuracy of survey information. C. Carefully maintain benchmarks, monuments and other reference points. If disturbed or destroyed, replace as directed. It is the responsibility of the Contractor to familiarize themselves with all records of existing utilities in area of site work. D. The Contractor shall contact the appropriate utility agencies for identification of underground utility location. 1.04 TEMPORARY EROSION AND SILTATION CONTROL A. All work shall conform to City of Carlsbad Erosion and Sedimentation Control requirements including installation of siltation control such as filter fabric fences check dams, catch basin inserts, Baker tanks, etc. Contractor shall prepare and submit any and all required SWPPP plans or approvals to the California Regional Water Quality Control Board for the proposed work and site. 1.05 EXISTING UTILITIES A. The Contractor shall call for utilities locate prior to commencing with demolition activities. B. The Contractor shall coordinate all existing utilities prior to proceeding with demolition activity. Protect any active pipes encountered; notify Engineer of their existence and record on "as-built" drawings. 1.06 DUST CONTROL A. Protect persons and property from damage and discomfort caused by dust. Water as necessary to quell dust. ,, •+'Revised 07/16/19 Contract No. 4742 PAGE 2 OF 10 City of Carlsbad Stagecoach Community Park Synthetic Turf Replacement SECTION 021100 SITE PREPARATION 1.07 ROADWAY PROTECTION A. Provide wheel-cleaning stations to clean wheels and undercarriage of trucks before leaving site, as necessary to prevent dirt from being carried onto public streets. If streets are fouled, they must be cleaned immediately in conformance with City of Carlsbad requirements, as applicable. This requirement applies to all vehicle movements for the entire period of construction. 1.08 TRAFFIC REGULATION A. Conduct operations in such a manner to avoid unnecessary interference to existing traffic. Minimize heavy vehicle traffic to and from site during peak traffic hours. Do not park vehicles in traffic lanes. Provide flagmen as required. Conform to City of Carlsbad traffic control requirements. B. Contractor shall be responsible for all traffic control and emergency call outs resulting from Contractor operations. C. Maintain fire lanes, roadways and alleys to existing buildings continuously, as required by the fire department having jurisdiction. D. Existing walkways and roadways leading past the construction shall remain clear and safe at all times. Provide barriers, flashing lights, walkways, guardrails and night lighting as required for safety and control. 1.09 DIMENSIONS AND LAYOUT A. The Contractor shall be responsible for furnishing, setting and marking all line, grade, and location stakes, including offsets and general construction staking, together with clearing limits. B. There shall be on site at all times, when work-requiring control is being performed, all necessary equipment, supplies, and instruments related thereto. A qualified layout engineer, surveyor, or technical specialist must be assigned to the Contractor's crew for this work. This equipment and personnel must be available at no additional cost to the Owner for the purpose of verifying layout and certifying the accuracy of work on the site. C. The Contractor is responsible for preserving all benchmarks and stakes and replacing any that are displaced or missing as a result of the Contractor's operations. D. The Contractor is responsible for review of all Owner and city records relative to the existing underground utilities. The Contractor is responsible to avoid damaging these facilities and shall repair all recorded utilities at no additional cost to the Owner. ,, •+;' Revised 07 /16/19 Contract No. 4742 PAGE 3 OF 10 City of Carlsbad Stagecoach Community Park Synthetic Turf Replacement SECTION 021100 SITE PREPARATION E. The Contractor shall notify the Owner's Representative immediately of underground utilities encountered, which are not shown on the Owner's record. 1.10 QUALi FiCA TIONS A. The subcontractor responsible for field base establishment and field permeable aggregate placement and compaction shall be submitted to the Engineer for approval. Specific qualification requirements are included as follows: 1. The subcontractor shall be and has been actively and directly engaged in constructing similar natural or synthetic field projects and shall provide proof of ten (10) or more full size (75,000SF) sports field base installations completed in the past three (3) years. The Contractor's experience shall include completion of middle school, high school, college, or professional level competition fields. The playing field system shall include earthwork, field subgrade establishment, subsurface drainage systems and base aggregate or sand placement and compaction. Provide a listing of all construction contracts (whether completed or in progress) entered into or performed by the subcontractor and completed with the subcontractor's staff within the past three years for projects similar in scope, time and complexity of the work called for under this Contract; include the names of the contracts, and the names and contact information of the owners, and the subcontractors staff who have completed the work. Qualification experience requirement cannot be satisfied with personnel who will not be actively involved with this project. PART 2-MATERIALS 2.01 TOP COURSE PERMEABLE AGGREGATE A. The top course permeable aggregate shall be installed over the base course permeable aggregate in the synthetic turf. B. Aggregate to be open-graded, fractured, durable, friction course. To ensure free drainage, material to be clean with minimal fines. The compacted top course permeable aggregate shall have a minimum infiltration rate of 20 inches per hour when the material is compacted to a minimum density of not less than 98% of maximum dry density as determined by ASTM 0698. C. Material Strength and Durability 1. The material shall demonstrate a compressive strength sufficient to support the anticipated construction loading without significant breakage of individual particles, resulting in a significant alteration of the particle gradation as approved. 2. Where the compressive strength is suspect, the Engineer will remove a sample of the material that has been placed by the Contractor at the specified density and perform a particle gradation, the results of which will be compared to ,, •+;' Revised 07 /16/19 Contract No. 4742 PAGE 4 OF 10 City of Carlsbad Stagecoach Community Park Synthetic Turf Replacement SECTION 021100 SITE PREPARATION previous production test results (approved baseline values). If the results of this test indicate higher passing values for any given screen exceeding 10% of the baseline, the material may be considered noncompliant. D. Gradation: Aggregate to meet the following particle size limitations: Sieve Size 3/4" 1/2" 3/8" No. 4 No. 8 No. 30 No. 100 No. 200 (Wet Sieve) No. 270 (Wet Sieve) Percent Passing by Weight 100 90 -100 70-90 30-60 20-40 5 -15 2-5 0-3.0 0-1.5 2.02 WASHED PLASTER SAND A. Washed plaster sand shall be installed in areas where the finished surface of the top course permeable aggregate requires fill adjustment of less than 3/8" depth in the areas where the existing permeable aggregate has been displaced. Material shall be installed at such depth to meet and match the top of the existing, adjacent permeable aggregate areas. B. Gradation: Sand to meet the following particle size limitations: Sieve Size No. 4 No.8 No.30 No. 100 No. 200 (Wet Sieve) No. 270 (Wet Sieve) Percent Passing by Weight 100 95-100 75-85 0-4 0-2 0 - 1 2.03 C-MIX A. C-mix aggregate may be utilized in areas where the finished surface of the top course permeable aggregate requires fill adjustment of less than 3/8" depth in the areas where the existing permeable aggregate has been displaced. Material shall be installed at such depth to meet and match the top of the existing, adjacent permeable aggregate areas. B. Gradation: C-Mix to meet the following particle size limitations: Sieve Size 1/2" 3/8" Percent Passing by Weight 100 90-95 ,, •f' Revised 07 /16/19 Contract No. 4 7 42 PAGE 5 OF 10 No. 4 No. 8 No. 16 No.30 No. 50 No. 100 No. 200 (Wet Sieve) 50-60 40-50 30-35 15-25 5-10 0-3 0-2 City of Carlsbad Stagecoach Community Park Synthetic Turf Replacement SECTION 021100 SITE PREPARATION 2.04 RECYCLED PLASTIC EDGE ANCHOR A. Includes all materials required to provide a secure recycled plastic edge for establishment of Permeable Aggregate grade and anchoring of synthetic turf. B. A recycled plastic lumber nailer board shall be installed per the details to secure the turf. Product shall be manufactured from 100% recycled materials, consisting of HOPE Plastic Lumber. Material should be dimensional lumber in lengths no shorter than 6'. 1. Where attachment is scheduled to concrete curbing, provide minimum 2"x4" nominal dimensional lumber. C. Manufacturer's reference: Product is available from RESCO Plastics, Inc., Coos Bay, Oregon. (800) 266-5097. D. Concrete Anchoring: Concrete wedge anchor, zinc plated, 3/8" x5" length, partially threaded, with zinc plated washer and nut. E. Steel power-load driven or ram-set Concrete Anchor Nail, minimum shank diameter 5/32", minimum head/washer diameter 3/8", sufficient length to insure a minimum 2" embedment. Individual anchors shall develop a minimum 450 lb. shear, 350 lb. tension in 4,000 psi concrete at 2" embedment. Anchor nails shall be certified for exterior/outdoor applications. PART 3 -EXECUTION 3.01 FIELD LAYOUT AND ENGINEERING A. The General Contractor shall be responsible for the layout of all the demolition work required to construct all work in accordance with the drawings and specifications. 3.02 EXISTING CONDITIONS A. Provide, erect and maintain barricades, coverings, or other types of protection necessary to prevent damage to existing trees indicated to remain in place. B. Do not shut off or cap utilities without prior notice. Coordinate work with Division 1 requirements. Maintain storm drains and sewers open for free drainage: ,, •;;' Revised 07 /16/19 Contract No. 4742 PAGE 6 OF 10 City of Carlsbad Stagecoach Community Park Synthetic Turf Replacement SECTION 021100 SITE PREPARATION 1. Provide storm drain inlet protection at catch basins in accordance with plans and approved SWPPP plan. C. Objectionable noises: Limit use of air hammers and other noisy equipment as much as possible. Conform to Owner requirements regarding noise control. D. Maintain vehicular and pedestrian traffic routes: 1. Ensure minimum interference with roads, sidewalks, and adjacent facilities. 2. Do not close or obstruct streets, sidewalks, alleys or passageways without permission from Owner. 3. If required by Owner or city, provide alternate routes around closed or obstructed traffic ways. 3.03 DEMOLITION A. Completely remove and dispose of the existing synthetic turf surfacing system. Care shall be taken when removing the existing turf system so that damage does not occur to the existing permeable aggregate base that is to remain. Every effort shall be made to recycle existing turf and infill materials to the greatest extent practical. B. Sawcut and remove existing concrete paving where indicated. Legally dispose off site. C. Carefully dismantle and remove items, if any, to be salvaged. The salvaged items shall then be labeled, bundled, and delivered to a storage site specified by the Owner's Representative. 3.04 DISPOSAL OF MATERIALS A. The Contractor in a manner consistent with all government regulations shall dispose the refuse resulting from synthetic turf removal. 1. Do not leave refuse material on the project site, shoved onto abutting private properties, or buried in embankments or trenches on the project site. 2. Maintain hauling routes clean and free of debris resulting from work of this section. 3.05 SELECTIVE DEMOLITION & SALVAGE A. Carefully mark or flag items to be returned or reused for inspection by the Engineer prior to commencing demolition work. Coordinate functional testing of such operable equipment as valves, gates, electrical components. B. Where indicated, neatly separate components to be salvaged for return or reuse from assemblies or equipment to remain or be demolished in their entirety by an ,, •,;' Revised 07 /16/19 Contract No. 4742 PAGE 7 OF 10 City of Carlsbad Stagecoach Community Park Synthetic Turf Replacement SECTION 021100 SITE PREPARATION approved means including cutting, grinding, drilling, or disassembling. C. Clean and repair any damage caused by the demolition or salvage operation. D. Owner shall temporarily relocate existing soccer goals outside of the work area. 3.06 AGGREGATE PLACEMENT A. Moisture Content: Aggregate to contain 3.5% to 4.0% moisture content to ensure that fines do not migrate and to facilitate proper compaction. Contractor must ensure that aggregate leaving the source plant meets this requirement and is required to apply water to aggregate on site to attain and maintain this minimum moisture content in stockpile and during all placement operations. B. Should there occur during any stage of the spreading or stockpiling a separation of the material particles, the Contractor must immediately remove and dispose of segregated material and correct or change handling procedures to prevent any further separation. 3.07 IMPORT AND PLACEMENT OF MATERIALS A. Top course permeable aggregate, washed plaster sand, or C-Mix shall be carefully compacted to 90-95% maximum dry density. The top surface shall meet and match the top of the adjacent areas. Surface tolerance for all areas within the playfield shall not vary by more than 1/4". B. The entire surface area of the permeable aggregate base shall be verified for planarity. The synthetic turf installation foreman and the Engineer shall confirm planarity by pulling a string line taut across the width and length of the field, at a minimum 2' interval. Any areas deviating more than ¼" shall be modified/reworked by the contractor to the required tolerance. C. Turf installation cannot begin until aggregate base is accepted in writing by the turf vendor. 3.08 SCARIFY, REGRADE, COMPACTION A. If required to achieve planarity, uniformly finish grade the permeable aggregate surface using existing permeable aggregate material with equipment that will not cause perceptible separation in gradation (segregation). Supplement as required with Top Course Permeable Aggregate, Washed Plaster Sand or C-Mix to achieve required planarity. B. Contractor shall apply supplemental water to maintain moisture content in permeable aggregate throughout grading process as required to not cause perceptible segregation of materials. C. Use Static Tandem Drum-type roller of not less than five tons weight. {'\ •+;' Revised 07/16/19 Contract No. 4742 PAGE 8 OF 10 City of Carlsbad Stagecoach Community Park Synthetic Turf Replacement SECTION 021100 SITE PREPARATION D. The contractor shall monitor compaction levels to insure the aggregate materials are not over-compacted resulting in infiltration rates less than 20 inches/hour. 3.09 AGGREGATE TOLERANCES A. The Contractor shall utilize a laser plane system for grade control. B. The surface of the top course permeable aggregate shall not deviate from designated compacted grade within the range of -0.00" and +0.25" and shall not deviate more than ¼" as measured by a 10 foot straight edge. C. Upon completion of the fine grading, compaction, and Contractor confirmation of conformance with the tolerances, the Contractor shall notify the Engineer and schedule an inspection for approval. The Contractor shall have a laser plane system available to the Engineer for the inspections. The Contractor shall not be authorized to install synthetic turf over the permeable aggregate until it has been inspected and approved by the Engineer and written acceptance has been provided by the Synthetic Turf Vendor/Installer. D. Upon completion of elevation verification, the entire permeable aggregate surface shall be inspected for planarity. Planarity inspection shall be completed in conjunction, coordination with the synthetic turf vendor. The installation foreman for the synthetic turf shall be present at the time of the inspection. Inspection shall consist of stretching a string line taut over the finished permeable aggregate surface at such interval as may be required to confirm surface planarity and acceptance for installation of synthetic turf surface. Any deviation greater than ¼" shall require remediation efforts as may be required to meet subgrade tolerance. 3.10 RECYCLED PLASTIC EDGE ANCHOR A. Prior to proceeding with Edge Anchor installation, confirm with the Engineer the final elevation for installation relative to adjacent surfaces. B. The Edge Anchor may be temporarily set with temporary hardware to establish the proper line and grade. This temporary hardware may remain after final installation. 1 . Wedge Anchor a. The Plastic Edge Anchor may be temporarily set with power-loads to establish the proper line and grade. This temporary hardware may remain after final installation. b. Once the initial line and grade has been established, pre-drill the edge anchor and establish a void in the adjacent concrete surface that meets the approved anchor supplier's requirements for proper securing of the anchor. c. Minimum requirements for anchor installation: 1 ). Depth of Embedment: 3" or as recommended by the anchor supplier, whichever is greater. ,, •+; Revised 07 /16/19 Contract No. 4 7 42 PAGE 9 OF 10 City of Carlsbad Stagecoach Community Park Synthetic Turf Replacement SECTION 021100 SITE PREPARATION 2). Horizontal Spacing: no greater than 36" on center and 12" from end of any length of lumber. 3). Nut Torque: Per approved manufacturer's recommendation. 4). Do not trim bolt ends. Bolts with trimmed or damaged ends will be rejected and must be removed. 2. Concrete Anchor Nail a. The Plastic Edge Anchor may be temporarily set with power-loads placed at the Contractors option to assist in establishing the proper line and grade. This temporary hardware may remain after final installation. b. Once the initial line and grade has been established, install the specified ram-set or power-load driven Concrete Anchoring Nails in manner consistent with the approved manufacturers printed instruction and the specified spacing. c. Minimum requirements for Concrete Anchor Nail installation: 1 ). Depth of Embedment: 2" or as recommended by the anchor supplier, whichever is greater. 2). Horizontal Spacing: no greater than 21" on center and 6" from end of any length of lumber. 3). Stagger the spacing of each Anchor up and down within the middle one-half the face of the Recycled Edge Anchor. -END OF SECTION - ©2019 D. A. Hogan & Associates, Inc. {'\ •+, Revised 07/16/19 Contract No. 4742 PAGE 10 OF 10 City of Carlsbad Stagecoach Community Park Synthetic Turf Replacement SECTION 033000 SITEWORK CONCRETE PART 1 -GENERAL 1.01 SCOPE OF WORK A. Furnish all labor, material and equipment for the concrete work indicated below and shown on the drawings. Work includes but is not limited to: 1. Assist Engineer in acquiring test cylinders for compression testing. 2. Install concrete footings for concrete goal anchors and plates, etc. 3. Install concrete curbs 1.02 STANDARD SPECIFICATIONS A. Standard Specifications for Road, Bridge and Municipal Construction, American Public Works Association (APWA) B. American Concrete Institute (ACI) C. American Society of Testing and Materials (ASTM) D. The Green Book Standard Specifications for Municipal Public Works Construction, California State Chapter (latest edition). 1.03 RELATED WORK IN OTHER SECTIONS A. Section 116824 Exterior Athletic Equipment PART 2 -PRODUCTS 2.01 CONCRETE A. Refer to APWA Section 5-05, "Cement Concrete Pavement." B. Expansion Joints: Provide expansion joints at 10' o.c. maximum, equally spaced unless otherwise shown in the drawings. C. Joint Filler: Use non-staining, non-extruding, compressible and resilient, closed cell joint filler of neoprene foam conforming to ASTM D1752, Type RE-42. Joint fillers with contain or have been treated with oil, grease or bituminous materials are prohibited. Test joint fillers for compatibility with proposed sealant. 1. Acceptable joint filler: Neoprene Sponge Rubber joint Filler by the Burke Company, or other accepted by Project Representative. 2. Joint Sealant: ASTM C920, Grade NS, Class 25, Type M; multi-component, chemical curing, non-staining, non-bleeding, capable of continuous water immersion, non-sagging type; color to be selected. l". •+;' Revised 07 /16/19 Contract No. 4742 PAGE 1 OF 6 City of Carlsbad Stagecoach Community Park Synthetic Turf Replacement SECTION 033000 SITEWORK CONCRETE D. Preformed Expansion Joint Strips: Vinyl ex Corporation "VP 1391 ", or approved 1 /2 inch wide vinyl joint strip with removable cap. E. Control Joints: Per SSPWC 305-5.4.3.b. F. Reinforcing: Utilize reinforcing as specified in the details. 1. Reinforcing steel shall be Grade 60 deformed bars (number 3 and larger) conforming to ASTM A 615. 2. Tie wire shall be black annealed No. 16 AWG or heavier. 3. Welded deformed steel wire fabric shall conform to ASTM A 497. 4. Epoxy coated reinforcing steel shall conform to AASHTO M-284. G. Cast-in-place Concrete components 1. Aggregate: Clean, hard, durable particles of natural sand conforming to ASTM C33 for fine aggregate. Clean, uniformly hard, durable particles of gravel or crushed stone conforming to ASTM C33 for coarse aggregate. 2. Cement: Conform to requirements of ASTM C150. Use Type I, IV or Vat Contractor's option, Type Ill. Any change in type or admix use shall be at approved locations. 3. Ready-mixed Concrete: Conform to requirements of ASTM C94 Alternative #3. 4. Maximum Size of Coarse Aggregate: Conform to requirements of ACI 301, Paragraph 3.6. 5. Minimum Cement Content: Six sacks per cubic yard. 6. Admixtures: Conform to requirements of ACI 301 and ASTM C260 for air entrainment. Use of accelerators or water-reducing retarders is prohibited. 7. Maximum Water Content: Six gallons of water per sack of cement. Free of injurious amounts of oil, acids, alkali, salts, vegetable matter, and fit to drink. 8. Minimum Concrete Compressive Strengths: A minimum compressive strength of 3,000 PSI shall be achieved in 28 days using Type I cement and in seven days using Type Ill cement, unless otherwise shown on drawings. 9. Slump in Inches: Unless otherwise shown on drawings, conform to ASTM C143 procedures for concrete to be vibrated: Maximum= 4", Minimum= 1". 10. Control Joints: Not less than 3/8" thick x 3/8" minimum depth with tooled edges. 11. Speed Dowel: #3, 18" long at 24" O.C.: Green Streak (800) 325-9504 2.02 FORMWORK A. Forms: Wood, plywood, metal, other verified material to provide continuous, straight, structurally sound formwork and to produce specified concrete finish. Wood to be defect-free or properly corrected to provide straight lines and smooth, even surfaces. B. Form-coating compound: Commercial formulation form-coating compound that will not bond with, stain, nor adversely affect concrete surfaces requiring bond or adhesion, nor impede the wetting of surfaces to be cured with water or curing l'\ •+r Revised 07 /16/19 Contract No. 4742 PAGE 2 OF 6 City of Carlsbad Stagecoach Community Park Synthetic Turf Replacement SECTION 033000 SITEWORK CONCRETE compounds, nor interfere with subsequent applications of finish such as paints or stains. C. Miscellaneous: Verified-type material and hardware for forming chamfers, recesses, openings, control joints, etc. D. Design of Formwork 1. Design of formwork is Contractor's responsibility. Conform to shape, lines, and dimensions shown on the drawings. Design for adequate strength to sustain all construction loads without deformation or deflection. 2. Make joints tight to prevent leakage of mortar. Properly brace and tie together to maintain position and shape. Truss for support if adequate foundation for shores cannot be provided. Fabricate accurately to minimize development of irregularities at panel joints. Construct to accommodate control, expansion, or other type joints shown on the drawings or as specified. 3. Coordinate with all other trades to accommodate their work. PART 3 -EXECUTION 3.01 SUBGRADE ESTABLISHMENT A. Establish subgrade at elevations required to achieve the slopes and finish grade elevations designated on the drawings. The Contractor shall schedule the Engineer for a subgrade inspection prior to installation of the concrete. B. The subgrade shall be compacted to a minimum of 95% maximum dry density. The subgrade shall be moistened to minimize absorption of water from fresh concrete. C. Protect and/or replace existing permeable or non-permeable geotextile fabric when encountered during excavation/installation of concrete. Replace with similar/like product if removed, utilizing common and best practices for seaming. 3.02 FORMWORK INSTALLATION A. Thoroughly clean forms and adjacent surfaces to receive concrete. Remove chips, wood, sawdust, dirt or other debris just before concrete is placed. Prepare form surfaces by coating the contact surfaces of forms with a form-coating compound before reinforcement is placed. B. The form-coating compounds shall be thinned only with thinning agent of type, and in amount and under conditions of the form-coating compound manufacturer's directions. Do not allow excess form-coating material to accumulate in the forms or to come into contact with concrete surfaces against which fresh concrete will be placed. Apply in compliance with manufacturer's instructions. C. Coat steel forms with a non-staining, rust-preventative form oil or otherwise protect ,, • ., Revised 07 /16/19 Contract No. 4742 PAGE 3 OF 6 City of Carlsbad Stagecoach Community Park Synthetic Turf Replacement SECTION 033000 SITEWORK CONCRETE against rusting. Rust-stained steel formwork is not acceptable. D. Place and secure forms to correct location, dimension and profile. Assemble formwork to permit easy stripping and dismantling without damaging concrete. E. Place joint fillers vertical in position, in straight lines. Secure to formwork during concrete placement. 3.03 CONCRETE MIXING AND PLACING A. Conform to the requirements of ACI 301, Chapters 7 and 8, and ACI 304. Clean and free of all foreign matter, and all mixing and transporting equipment and subgrade and forms to receive concrete. Clean reinforcement of deleterious coatings. B. Notice of intention to place concrete shall be given to the Engineer at least 24 hours before an intended pour. C. Conform to ACI 305 "Recommended Practice for Hot Weather Concreting". Take steps to reduce concrete temperature and water evaporation by proper attention to ingredients, production methods, handling, placing, protection and curing. D. Conveying: Conform to ACI 301, Paragraph 8.2. Convey concrete from mixer to place of final deposit by methods preventing separation or loss of materials. Use pump, crane bucket, wheelbarrow, or buggies to deliver concrete to placing location. Chuting permitted only by methods to ensure a practically continuous flow of concrete at delivery end to prevent material separation. E. Finishes: 1. For walkways, curbing and slabs provide medium broom finish and provide chamfer edges as shown in the details. 2. For concrete curbs exposed above grade, provide smooth sack finish on exposed surfaces. F. Curing Materials 1. Absorptive Cover: Burlap cloth made from jute or kenaf weighing approximately 9 oz. per square yard, complying with AASHO M182, Class 3. 2. Moisture-retaining Cover: Either waterproof paper, Polyethylene film, or Polyethylene-coated burlap, complying with ASTM C171. 3. Membrane-forming Curing Compound: ASTM C309, Type I, unless other type acceptable to the Engineer. 3.04 FORMWORK REMOVAL A. All formwork shall be removed after proper curing of concrete. Protect surfaces of concrete during removal operations. {'\ •,r Revised 07 /16/19 Contract No. 4742 PAGE 4 OF 6 City of Carlsbad Stagecoach Community Park Synthetic Turf Replacement SECTION 033000 SITEWORK CONCRETE B. Formwork not supporting weight of concrete may be removed after cumulatively curing at not less than 50 degrees F for 24 hours after placing concrete, provided concrete is sufficiently hard to not be damaged by form removal operations and provided curing and protection operations are maintained. 3.05 REUSE OF FORMWORK A. Clean and repair surfaces of forms to be reused in work. Split, frayed, delaminated or otherwise damaged form-facing materials will not be acceptable for reuse. Apply new form-coating material as necessary, as specified for new formwork. 3.06 REPAIR OF SURFACE DEFECTS A. General: Conform to ACI 301, Chapters 9 and 13. After removal of forms, repair or patch concrete not formed as shown, out of alignment or level beyond required tolerances or that shows surface defects, to condition as verified by Engineer. Immediately after form removal, patch all tie holes and repairable defective areas. B. Honeycombed areas shall be removed to sound concrete but not less than 1" minimum depth. Dampen area and to 6" width around same; let evaporate only to loss of sheen. Provide a bond of neat cement and water slurry well brushed into area to be patched. Provide patching mixture of 1 :2 (cement:sand) or verified proprietary patching mixture or color to match adjacent surfaces; use water quantity only as required for mixing and placing. Leave patched surface slightly high; after one hour, float to level with adjacent surface. Keep patched areas damp for seven days. 3.07 PROTECTION A. Protect freshly-placed concrete from premature drying and excessive cold or hot temperature, and maintain without drying at a relatively constant temperature for a period of time necessary for hydration of cement and proper hardening. Provide protection from vandalism. B. Protect all concrete during curing period from all damaging mechanical disturbances, more especially load stresses, heavy shock and excessive vibration. Protect finish surfaces from all damage. 3.08 TOLERANCES A. The surface elevation, in the finished condition, shall not deviate more than 1/8" from specified elevations. Trueness measurement to be taken from 1 0' long straight edge placed in all directions. 3.09 CLEANUP A. At project completion, leave all work clean, defect-free, with uniform finish and color. {'\ •fr Revised 07 /16/19 Contract No. 4742 PAGE 5 OF 6 l' •+;' Revised 07 /16/19 -END OF SECTION - City of Carlsbad Stagecoach Community Park Synthetic Turf Replacement SECTION 033000 SITEWORK CONCRETE ©2019 D. A. Hogan & Associates, Inc. Contract No. 4742 PAGE 6 OF 6 City of Carlsbad Stagecoach Community Park Synthetic Turf Replacement SECTION 116824 EXTERIOR ATHLETIC EQUIPMENT PART 1 -GENERAL 1.01 SCOPE OF WORK A. Furnish and install Soccer Goal Anchors as follows: 1. Primary Soccer Fields: Two (2) anchors at each goal (total of 8) 2. Modified Soccer Field: One (1) anchor at each goal (total of 4) B. Furnish and install bases and plates as follows: 1. Provide two (2) new home plate (one installed/one spare) at each Softball Field (total of 4) 2. Provide two (2) new home plate at bullpen/warm up area 3. Provide two (2) new pitcher's plates at bullpen/warm up area for each field (total of 4) 4. Provide five (5) new pitcher's plates at each field (total of 10) 5. Provide two (2) sets of bases to be used with existing inserts. Provide Safety Base for first base only at each field. C. Furnish and install Portable Soccer Goals as follows: 1. Provide two (2) new 24' soccer goals at Primary Soccer Fields (4 total) 2. Provide two (2) new 18' soccer goals at Modified Soccer Fields (4 total); D. Furnish and install Soccer Corner Flags (8 total) E. Provide two (2) new On-deck Mat at each field (4 total) F. Furnish and install foul pole screen (4 total). G. Furnish and install fence post padding (2 total). H. Furnish and install lacrosse goals (2 total) 1.02 RELATED WORK IN OTHER SECTIONS A. Section 033000 Sitework Concrete 1.03 SUBMITTALS A. The Contractor shall submit four copies of catalog information and manufacturer's data of all equipment to the Engineer for approval. B. The Contractor shall submit color options for all site furnishings for the Owner's selection. PART 2 -MATERIALS ,, •,; Revised 07 /16/19 Contract No. 4742 PAGE 1 OF 5 City of Carlsbad Stagecoach Community Park Synthetic Turf Replacement SECTION 116824 EXTERIOR ATHLETIC EQUIPMENT 2.01 SOCCER GOAL ANCHOR A. Units shall be pre-manufactured unit consisting of an access box, cover and tethering assembly suitable for securing the backstay of a soccer goal unit. Provide two per goal. B. Access box to be fabricated of .125" aluminum and 16 ga. stainless steel. C. Cover to be fabricated of .25" aluminum and ¾" marine plywood. D. Tethering to be steel chain or aircraft cable. E. All connections to be welded or secured with stainless steel hardware. F. Manufacturer Reference: Soccer Goal Anchor shall be Aluminum Athletic Equipment or approved equal. G. Synthetic Turf Cover to identically match synthetic turf system used for field surfaces. 2.02 PRIMARY PORTABLE SOCCER GOALS A. General: Soccer goals to be in full compliance with National Federation of State High School Associates. Goals to provide an 8' x 24' front inside opening. Goals to be portable. B. Crossbar and Uprights: The crossbars and uprights shall consist of a single length of 4.5 inch OD 6063 T-5 aluminum D shaped tubing or 4-3/8 inch OD Rams Aluminum tubing. C. The goals shall be finished with a white polyester powder coat finish. D. Each goal shall have a wheel kit. E. All hardware and fasteners shall be stainless steel. F. The goals shall include 4mm polyethylene twine nets. Nets shall be secured with removable clips G. Warranty: Goals to be warranted by manufacturer for a minimum period of 5 years. H. Manufacturer Reference: Kwik Goal 282001 Pro Premier European Match Goal with net, Contact (800) 531-4252. 2.03 MODIFIED PORTABLE SOCCER GOALS A. General: Goals to provide a 6'-6'" x 18'-6" front inside opening. Goals to be portable. ,, •+;' Revised 07 /16/19 Contract No. 4742 PAGE 2 OF 5 City of Carlsbad Stagecoach Community Park Synthetic Turf Replacement SECTION 116824 EXTERIOR ATHLETIC EQUIPMENT B. Crossbar and Uprights: The crossbars and uprights shall consist of a single length of 4 inch, round aluminum tubing. C. The goals shall be finished with a white polyester powder coat finish. D. Each goal shall have a wheel kit. E. All hardware and fasteners shall be stainless steel. F. The goals shall include 4mm polyethylene twine nets. Nets shall be secured with removable clips G. Warranty: Goals to be warranted by manufacturer for a minimum period of 5 years. H. Manufacturer Reference: PEVO Sports, SGM-6x18C, Pevo Castlite Channel Series. (910) 397-9388 or approved equal 2.04 SOCCER CORNER FLAG A. Furnish at each corner of soccer field, four (4) weighted soccer flags. The soccer flags shall be weighted base, portable type which will topple over on impact. The soccer flags shall be 70" high and shall meet NFSHSA requirements. B. Soccer Corner Flags to be 1. Gilman WSF 2. KwikGoal 6B 1404 3. AAE CFS-B 4. or approved equal. 2.05 PLATES A. All plates shall be suitable for installation into concrete frame/form. B. Plates shall conform to the size and dimension requirements of NFSHSA and shall have anchor attachments. C. Manufacturer's Reference: Plate shall be Schutt or approved equal. Item Home Plate Dual First Base with Anchor 2nd and 3rd Base with Anchor Pitcher's Plate Schutt 12908170 12906060 -include at 60' and 65' base 1290201 / 12916550 12920704 Hollywood Double Stanchion Pitching rubber with Anchor 2.06 MATS A. On-Deck Mat to be ½" polyethylene turf on a 5mm urethane foam back, 6' diameter ,, • ., Revised 07 /16/19 Contract No. 4742 PAGE 3 OF 5 City of Carlsbad Stagecoach Community Park Synthetic Turf Replacement SECTION 116824 EXTERIOR ATHLETIC EQUIPMENT trimmed in a 3-4" white outline. Color approved clay or dark green. 2.07 FOUL POLE SCREEN A. Softball field foul pole screens shall be constructed of a 4" diameter steel pole a 1 '- 1 0" wide and a 12' long metal mesh fabric that attaches to the inside of the pole. The pole shall extend 20 feet above grade, with the mesh starting at the top of the chain link fence at 8' ht. B. Foul pole shall be extended as needed to result in overall 20' feet above finish grade. included as a terminal post for chain link fencing. C. The foul pole and screen shall be powder coated with approved yellow paint. D. Foul pole screen shall be based upon Patterson Williams Foul Pole #1274. 2.08 FENCE POST PAD A. Fence Post Pad shall be 18 oz. extruded vinyl, over a 3" thick high impact polyurethane foam. Height to match fence height and is approximately 6 ft. Color to be determined at time of submittal. B. Manufacturer's Reference: Sportsfield Specialties, CLP. (607) 746-1436 2.09 LACROSSE GOALS A. General: Portable lacrosse goals to be in full compliance with National Federation of State High School Association. B. The goal mouth shall consist of 1.90 inch OD heavy wall aluminum tubing. The goal base shall be constructed of a structurally reinforced steel flat bar. C. The goals shall include 4 mm white nets. D. Portable lacrosse goals shall be Aluminum Athletic Equipment Model LG-AS with LNP nets or approved equal. Aluminum Athletic Equipment, 4 Portland Road, West Conshohocken, PA 19428, (800) 523-5471. PART 3 -EXECUTION 3.01 GENERAL A. Install all equipment and furnishing according to manufacturer's suggested installation methods, as modified by the detailed drawings. 3.02 SOCCER GOAL ANCHOR A. Assemble soccer goal anchor per manufacturer's installation instructions. ,, •f' Revised 07 /16/19 Contract No. 4742 PAGE 4 OF 5 B. Secure to concrete foundation. City of Carlsbad Stagecoach Community Park Synthetic Turf Replacement SECTION 116824 EXTERIOR ATHLETIC EQUIPMENT C. Unit shall be pre-manufactured unit consisting of an access box, cover and clamping assembly suitable for securing the back bar of a soccer goal unit. D. Modify unit to remove hinge assembly, resulting in a removable lid to the assembly. 3.03 PORTABLE SOCCER GOAL A. Assemble soccer goal per manufacturer's installation instructions. B. Install new goal nets per manufacturer's installation instructions. C. Secure to anchor system. 3.04 PLATE INSTALLATION A. Install plates in accordance with the manufacturer's instructions and as shown in the details. Carefully locate plate within 1 /4" of dimensions shown on the plans. 3.05 FOUL POLE SCREEN INSTALLATION A. Foul pole screen shall be welded to field sid~ of foul pole. 3.06 FENCE POST PAD INSTALLATION A. Fence post pad shall be secured to outside corner of fence, protecting players/users from impacting foul pole. Secure with Velcro closure strip integral to pad construction. 3.07 LACROSSE GOAL INSTALLATION A. Assemble lacrosse goal per manufacturer's installation instructions. B. Install new goal nets per manufacturer's installation instructions. -END OF SECTION - ©2019 D. A. Hogan & Associates, Inc. l' • ., Revised 07/16/19 Contract No. 4742 PAGE 5 OF 5 City of Carlsbad Stagecoach Community Park Synthetic Turf Replacement SECTION 321823 IN-FILLED SYNTHETIC TURF PART 1 -GENERAL 1.01 SCOPE OF WORK A. Scope of work to include all labor, material, equipment, transportation and services to install complete new vertical draining in-filled synthetic turf surfacing system for the play field area. System to be as herein specified including, but not specifically limited to the following: 1. Independent testing of the synthetic turf materials prior to shipment to the project site; 2. Delivery of the synthetic turf materials (not including infill) a minimum of 1 week prior to the scheduled installation of the materials; 3. Review and acceptance or certification of the existing permeable aggregate as it applies to installation of turf system, planarity, permeability and warranty implementation; 4. Installation of complete vertical draining synthetic turf surfacing system. Field system shall consist of a sand and coated rubber infill composition. 5. Installation of tufted and inlaid field lines and markings as indicated on the drawings. 6. Provide extra turf materials to the Owner for future repair and protective purposes. 7. Provide all appropriate maintenance and repair manuals and warranty package to Owner. Warranty shall include a pre-paid insurance policy in support of the warranty required for the field, for the entire warranty period from an A-rated domestic insurance carrier. 8. Complete specific maintenance activities at 6 months and 1 year after the date of acceptance. 9. Complete replacement of replacement base panels at one year after date of acceptance. 1.02 SYNTHETIC TURF SURFACING PERFORMANCE & PAYMENT BOND A. The Synthetic Turf Contractor shall provide a performance and payment bond to the General Contractor for the full subcontract amount of the synthetic turf surfacing system. A copy of the performance and payment bond must be provided to the Owner within 14 days of the issuance of the notice to proceed. B. It is strongly recommended that General Contractors obtain proof of bondability from the Synthetic Turf Contractors prior to inclusion of synthetic turf bid proposals in their bids to the Owner. C. The performance and payment bond must be provided in the name of the same corporate entity that provides the warranty for the synthetic turf surfacing system to the Owner. l' •+'Revised 07/16/2019 Contract No. 4742 PAGE 1 OF 21 City of Carlsbad Stagecoach Community Park Synthetic Turf Replacement SECTION 321823 IN-FILLED SYNTHETIC TURF 1.03 SYNTHETIC TURF SURFACING A. The following vendors and corresponding products are pre-approved for the Synthetic Turf Field surface: Astroturf-Game Day Grass 3D Extreme 52, 2" (760) 500-7071 Sprinturf -DFE 52 oz. with Nylon Thatch (206) 276-9393 B. Any vendor that is not included as a pre-approved product shall submit a substitution request in accordance with the Instructions to Bidders. The substitution request must be submitted a minimum of 14 calendar days prior to the bid opening. Substitution requests must include the following information for evaluation by the Owner and Project Engineer. 1. Vendor Background and Experience: Describe your firm's history. Include information identifying the firm's annual volume and the firm's stability in the marketplace. Also include the firm's record relating to installation schedules and performance. Provide additional information regarding local representation, and post-installation support. 2. Product Manufacturer Background and Experience: Describe the history and experience of the product manufacturer with this specific product including years of experience and a count and listing of North American and worldwide synthetic turf field installations. The list shall include field locations, client, client contact names, address, telephone, material installed, date of installation, and general contractor (if any). 3. Product Installer Background and Experience: Describe the history and experience of the product installer with this specific product including years of experience and a count and listing of field installations. The list shall include field locations, client, client contact names, address, telephone, material installed, date of installation, and general contractor (if any). If the installer is not the manufacturer or vendor of the product, describe the experience the installer has with this specific product. 4. Product Samples: Provide the following samples with the substitution request. a) Two 8"x 12" samples each of green turf with out infill material showing backing with perforations. b) Two 8" x 12" samples each of turf with the infill material. c) Two samples of the proposed in-fill material. 5. Product Specification: Provide specification for the proposed synthetic turf product. Note any required deviations from the In-filled Synthetic Turf Technical Specifications included in this section. 6. Product Performance: The samples submitted with the proposal will be reviewed and evaluated. As a supplement to the samples, provide a written description of the following performance criteria for the proposed synthetic turf surfacing system: a) Abrasive characteristics b) Weekly, Monthly, and Annual Maintenance Requirements c) Playability for Soccer d) Wet and Dry Traction ,, • .., Revised 07/16/2019 Contract No. 4742 PAGE 2 OF 21 City of Carlsbad Stagecoach Community Park Synthetic Turf Replacement SECTION 321823 IN-FILLED SYNTHETIC TURF 7. References: Supply a minimum of three references, including contact name and telephone number, for other installations of this product. 1.04 APPROVED FIBER MANUFACTURERS A. The following fiber manufacturers are pre-approved for the monofilament and long parallel slit film fibers and nylon fibers within the In-filled Synthetic Turf System: 1. TenCate Tapeslide XP, Monoslide; Astroturf.; ITS B. The synthetic turf vendor shall provide written documentation in the form of a signed affidavit certifying the source of the fiber used for the field including both green and any other colors used for the lines and markings. C. Fiber shall be certified to have less than 50 ppm or less of lead from both the fiber supplier and the turf vendor. 1.05 MINIMUM QUALIFICATIONS FOR SYNTHETIC TURF SYSTEM A. The synthetic turf system shall be manufactured, sold, and warranted by a single vendor. Manufacture of the system shall include, at a minimum, assembly of the constituent components, i.e. tufting, of the specified fiber into an approved backing and application of the secondary coated backing. B. The manufacturer of the synthetic turf system must have produced a minimum of twenty (20) successful in-filled fields of full size (70,000 sf or larger) and outdoors within the past two (2) years of the exact product proposed for use. C. Installer of the synthetic turf system must have installed either a minimum of ten (10) successful in-filled synthetic turf fields of full size (70,000 sf or larger) in North America within the past two (2) years or a minimum of twenty (20) fields of full size (70,000 sf or larger) in North America within the past five (5) years. D. The installer of the synthetic turf system shall have installed a minimum of five (5) successful in-filled synthetic fields of full size (70,000 sf or larger) in North America with the product vendor and the exact product proposed for use. E. The synthetic turf surfacing system vendor shall have a designated employed representative available for service based in Southern California. 1.06 RELATED WORK SPECIFIED IN OTHER SECTIONS A. Section 021100 Site Preparation 1.07 STANDARD SPECIFICATIONS A. For standards: Applicable American Society for Testing Materials (ASTM), (latest edition). l'\ •;;' Revised 07/16/2019 Contract No. 4742 PAGE 3 OF 21 City of Carlsbad Stagecoach Community Park Synthetic Turf Replacement SECTION 321823 IN-FILLED SYNTHETIC TURF 1.08 SURFACE PERFORMANCE REQUIREMENTS FOR SOCCER A. Performance of field surface shall conform to FIFA Performance Guidelines and Synthetic Turf Council as follows: Standard ASTM F1936 FIFA 04 and FIFA 09 FIFA 05 and FIFA 09 FIFA 06 and FIFA 09 FIFA 07 FIFA 07 FIFA 08 FIFA 08 FIFA 01 and FIFA 09 FIFA 02 FIFA 03 Description Field Requirement Impact Attenuation Shock Absorption Vertical Deformation (foot stability) Rotational Resistance (traction) Linear Friction -Deceleration Linear Friction -Slide Skin Abrasion (dry) Skin / Surface Frication (dry) Vertical Ball Rebound (Soccer) Angled Ball Behavior (Soccer) Ball Roll (Soccer Specific) below 165 60% to 70% 4mm to 8mm 30n to 45n 3.0g to 5.5g 130 to 210 <30% 0.25 to 0.75 60 cm to 85 cm 45% to 60% 4 to 8 meters 1.09 POST AWARD SUBMITTALS A. Shop Drawings: Within 14 calendar days after issuance of Notice to Proceed, submit to the Project Engineer five (5) copies of complete and detailed drawings showing all component parts of the synthetic turf system. The shop drawings shall be drawing to scale (1"=30' minimum) and shall include: 1. total depth of infill 2. edge details 3. insert details including backing material 4. seam details 5. seam layout 6. gluing patterns 7. dimensional shop drawing for all field lines, markings and boundaries B. Synthetic Turf Samples: Within 14 calendar days after issuance of Notice to Proceed submit to the Project Engineer: 1. Two 6" x 12" samples each of each green turf showing backing with perforations. 2. Two 6" x 12" samples each of turf showing method of seam makeup with perforations. One sample to have example of inlaid lines. 3. Two 6" x 12" samples each of the other colors proposed for use on the field for lines and markings. 4. Two 1-pound samples of the proposed In-fill material. C. Manufacturer's Specifications and Warranty: l' •;;' Revised 07/16/2019 Contract No. 4742 PAGE 4 OF 21 City of Carlsbad Stagecoach Community Park Synthetic Turf Replacement SECTION 321823 IN-FILLED SYNTHETIC TURF 1. Within 14 calendar days after issuance of Notice to Proceed submit to the Project Engineer five (5) copies each of selected manufacturer's material specifications and installation instructions. Include detailed specifications of manufacturer's provisions for achieving permeability, stating rate in infiltration and permeability in inches per hour of system materials for the vertical draining system. 2. Within 28 calendar days after Notice to Proceed, submit to the Project Engineer five (5) sample copies of warranty package herein specified for review. D. Testing and Quality Control: Within 5 calendar days after issuance of Notice to Proceed, submit to the Project Engineer the following test results for the system specified. An independent testing laboratory experience with testing of synthetic turf or carpeting materials shall certify these tests. The qualifications of the testing laboratory to be utilized for the submittal and the pre-shipment testing shall be submitted to the Engineer for approval. Applicable minimum material ASTM tests: 1. Dynamic Cushion Test -ASTM F355, Procedure A, (system); ASTM F355 procedure A at the 24" drop. 2. Yarn and fabric characteristics. 3. Pill Burn Test-ASTM D2859 E. Maintenance and Operating Data: 1. Prior to acceptance and/or occupancy by the Owner, furnish to the Project Engineer five (5) copies in hard cover form of maintenance and operating data with imprinted Project, Owner, Project Engineer, Contractor and Turf Subcontractor names, and date of turf system installation. 2. In addition, provide descriptions of any equipment recommended for maintenance and repair, citing specific vendors for each unit. 3. Use and Limitations -Provide a separate page stating approved activity usage for the turf and activities not recommended relative to warranty. 4. Index -Index with tab dividers for data as follows: Materials installed with their characteristics: a. General maintenance b. Small repair procedures c. Minor seam repair d. Discussion of precautions to be practiced, general maintenance, and uses to avoid to protect turf surface and to maintain installation's warranty e. Recommendations for paint application and removal of lines and markings 1.10 PRE-SHIPMENT SUBMITTALS A. Prior to shipment of the synthetic turf materials to the job site, synthetic turf material from every sixth roll shall be randomly sampled and the tested by an independent testing laboratory experience with testing synthetic turf materials. The testing laboratory shall be completely independent with no ties to the turf manufacturer. The testing shall include the following: ,, •+; Revised 07/16/2019 Contract No. 4742 PAGE 5 OF 21 Item ASTM 1. FTIR Spectrograph 2. 0418 3. 0418 4. 0418 5. 0418 6. 01335 7. 01682 Property Pile Composition Pile Weight Total Weight Pile Height City of Carlsbad Stagecoach Community Park Synthetic Turf Replacement SECTION 321823 IN-FILLED SYNTHETIC TURF Backing Perforation Diameter and Spacing Tuft Bind (without infill) Grab/Tear Strength. B. Copies of the test results shall be transmitted to the Owner and Engineer directly from the testing laboratory. The synthetic turf materials shall not be shipped to the site without written authorization from the Engineer after the Owner and Engineer have approved the test results. C. Samples of the synthetic turf material tested from every sixth roll shall also be transmitted to the Engineer for approval by the independent testing laboratory prior to shipment of the synthetic turf materials to the job site. Sample size shall be minimum 12" x 12". 0. All fees and costs associated with the pre-shipment sampling and testing shall be paid by the Contractor. 1.11 CERTIFICATION OF THE BASE A. The Synthetic Turf Surfacing Contractor shall furnish to the Owner, prior to the synthetic turf installation, a written certification of the acceptability by the turf vendor of the new and existing permeable aggregate for installation and warranty validation. 1.12 TURF SYSTEM HOLD HARMLESS A. The synthetic turf manufacturer and installer shall not infringe upon any current or pending patents held by other synthetic turf manufacturers or installers. B. The Contractor, their synthetic turf subcontractor, and the synthetic turf manufacturer shall hold the Owner, Owner's Representative, and the Engineer harmless from infringement of any current or future patent issued for the synthetic turf surfacing system, installation methods and vertical draining characteristics. A notarized statement shall be provided as part of the submittal package. 1.13 WARRANTY OF SYNTHETIC TURF A. Warranty shall cover, in general, the usability of the turf surface, accessories, use characteristics, and suitability of the installation. All items covered by warranty are to be replaced or repaired with new materials, including installation at the sole expense of the warranting contractor for the period of eight (8) years to the Owner, for the designated uses enumerated as follows: {'\ •+;' Revised 07/16/2019 Contract No. 4742 PAGE 6 OF 21 1. Soccer 2. Softball 3. Baseball 4. Kickball 5. Lacrosse 6. Ultimate 7. Physical exercises 8. Physical education activities City of Carlsbad Stagecoach Community Park Synthetic Turf Replacement SECTION 321823 IN-FILLED SYNTHETIC TURF 9. Pneumatic rubber-tired maintenance and service vehicles 10. Pedestrian traffic and other similar uses 11. Ceremonial and Entertainment Events B. A principal of the applicable firm, duly-authorized to make contracts, shall sign the turf vendor warranty. If the turf vendor is not the manufacturer, the manufacturing firm shall also sign the warranty. The term "Contractor" contained herein means the firm furnishing warranty. "Owner" is the City of Carlsbad. Warranty period shall be a minimum of eight years from date of acceptance of the installed system by the Owner. C. Furnish a pre-paid insurance policy in support of the warranty required for the field, for the entire warranty period from an A-rated domestic insurance carrier. The warranty shall be secured to the Owner with an insurance policy of not less than $300,000 per claim and an aggregate of $5,000,000. 1.14 FORM OF WARRANTY OF SYNTHETIC TURF SYSTEM A. Contractor hereby warrants to Owner, subject to the limitations and conditions set forth below, that its synthetic turf system consisting of synthetic turf described as ______________ , is free from defects in material and workmanship and shall, for a period of eight years as applicable from the date of acceptance by the Owner, remain serviceable for multiple sports activities. B. Contractor warrants to the Owner that its synthetic turf materials shall not fade, fail, shrink, wrinkle, or reflect excessive wear. Contractor shall, at their sole expense and cost, replace such areas of the synthetic turf system not performing to these standards for the life of the warranty. C. Definitions 1. The term "not fade" in the context of this warranty shall mean that the synthetic turf material shall remain a uniform shade of green, or other colors installed, with no significant loss of color. 2. The term "not fail" or "excessive wear" as used in the context of this warranty shall mean that the length and weight of the face yarn or pile material in the synthetic turf surface above the infill materials shall not have been decreased by more than 10% per year according to ASTM D418, nor exceed 50% during the warranty period. In the event that the synthetic turf system does not retain l' •;;' Revised 07/16/2019 Contract No. 4742 PAGE 7 OF 21 City of Carlsbad Stagecoach Community Park Synthetic Turf Replacement SECTION 321823 IN-FILLED SYNTHETIC TURF its fiber height or shock absorbency and is consequently no longer serviceable during the warranty period, the Contractor shall, at their sole expense, replace such portion of the system that is no longer serviceable. 3. The term "serviceable" in the context of this warranty shall mean that the synthetic turf system for the multi-purpose field shall have a maximum "G" value according to ASTM F1936-10 and Procedure A, ASTM F355, not to exceed 120G's at any location upon installation and shall not exceed 165G's throughout life of the warranty period. This shall be determined by conducting dynamic cushioning tests at the locations designated in ASTM F1936-10 and at corners of the soccer penalty boxes at opposite sides of the field. Any increase from 120G's to allowable 165G's maximum shall be at a relative uniform rate not to exceed 15 G's in any single yearly period. D. Where applicable, the fabric seams shall remain attached to the underlying surface over the warranty period and shall not separate or become unglued or unattached, as applicable. E. Contractor warrants to the Owner that the permeable synthetic system shall drain vertically a minimum of 20 inches precipitation per hour without visible surface ponding. F. Contractor shall replace with new materials, at their sole expense, any damage to the synthetic turf system that extends more than 3 feet beyond the location of foreign combustibles, which may ignite and fire-damage the synthetic turf system. The Contractor shall not be held liable for any incidental or consequential damages. These warranties and the Contractor's obligations here-under are expressly conditioned upon; 1. The Owner making all minor repairs to the synthetic turf system upon the discovery of the need for such repairs; 2. The Owner maintaining and properly caring for the synthetic turf system in accordance with the Contractor's maintenance manual and instructions; 3. The Owner complying with the dynamic and static load specifications established by the Contractor. G. The warranty is not to cover any defect, failure, damage or undue wear in or to the synthetic turf system caused by or connected with abuse, neglect, deliberate acts, act of God, casualty, static or dynamic loads exceeding Contractor's recommendations, footwear having cleats, spikes, or similar projections other than conventional baseball, football, soccer, or rugby shoes having cleats of not more than 1/2" in length, or use of improper cleaning methods. H. Contractor shall be allowed to examine the synthetic turf system regarding any claim that the Owner makes to be present at any time, to analyze the results of all tests conducted by the Owner or others, and to conduct such tests of their own. Contractor shall not be responsible for any costs or expenses incurred by the Owner or others with respect to such tests, except the Contractor shall pay for costs of all tests and analysis conducted or directed by their representative . . , \.,;' Revised 07/16/2019 Contract No. 4742 PAGE 8 OF 21 City of Carlsbad Stagecoach Community Park Synthetic Turf Replacement SECTION 321823 IN-FILLED SYNTHETIC TURF I. Contractor shall complete all repairs within 72 hours of written notification by the Owner. J. In the event the Contractor does not respond to the Owner's written notice within 72 hours of receipt of notice or does not submit, schedule and execute corrective work within? days, the Owner has the option of having the work performed at the expense of the Contractor without impact or affect to the warranty. K. Sample form of warranty herein set forth is a suggested form for use for the work under this section. Manufacturer's standard form of warranty may be used provided all conditions specified are incorporated. All claims by the Owner under this warranty must be made in writing to Contractor's address at ___________ within 30 days after the Owner learns of the defect giving rise to the claim. This warranty shall constitute a contract made in the State of California and shall be governed by the laws thereof. 1.15 WARRANTY TESTING A. The turf for the multi-purpose field is to be tested for dynamic cushioning ("G" Test) by an experienced independent testing laboratory acceptable to the Engineer or Owner at the completion of the installation shortly prior to acceptance inspection by the Owner/Engineer, at the anniversary date of the first year, second year, fourth year, sixth year, and 60 days prior to the anniversary date of the warranty expiration. If conditions of the Specifications and/or Warranty are not met, the Contractor has the option of corrective work or replacement. In the event corrective work does not meet the requirements of the Specifications after a second attempt to bring the system within these limits, then the Contractor is to replace non- conforming areas or sections solely at the Owner's discretion and direction. B. Tests shall be performed in accordance with ASTM F-1936-98 and F355. C. Test locations as designated in F-1936-10, Paragraph 8.1. Included in the report shall be the measured depth of the infill material at all test locations. D. All costs for the stated testing shall be paid by the Synthetic Turf Surfacing Contractor. E. If the Contractor does not have the tests performed within 1 O days of specified times listed, the Owner has the option of ordering the testing work at the expense of the Synthetic Turf Surfacing Contractor. PART 2 -MATERIALS 2.01 GENERAL A. lnfilled Synthetic Turf: The turf system shall be a vertical-draining permeable l'\ •,;' Revised 07/16/2019 Contract No. 4742 PAGE 9 OF 21 City of Carlsbad Stagecoach Community Park Synthetic Turf Replacement SECTION 321823 IN-FILLED SYNTHETIC TURF synthetic turf system. The turf system shall consist of a synthetic grass like surface pile, which shall be tufted into a synthetic backing. B. All backing layers and coatings shall be firmly bonded together. Coating materials must be completely cured and bonded to the other backing layers. Synthetic turf panels or rolls that do not meet this requirement will be rejected. C. The entire system shall be resistant to weather, insects, rot, mildew, and fungus growth, and be non-allergenic and non-toxic. The entire system shall be constructed to maximize dimensional stability, to resist damage and normal wear and tear from its designated use, and to minimize ultraviolet degradation. D. All adhesives used in bonding the system together shall be resistant to moisture, bacterial and fungus attacks, and resistant to ultraviolet rays at any location upon installation. 2.02 DYNAMIC CUSHIONING REQUIREMENTS A. The dynamic cushioning of the system shall not exceed a maximum value of 120 G's per ASTM, F1936-10 snf ASTM, F355, procedure A at any location upon installation. 2.03 PERMEABILITY REQUIREMENTS OF THE SYNTHETIC TURF SYSTEM A. The system including the synthetic turf, infill materials shall drain vertically a minimum of 20 inches precipitation per hour without visible surface ponding. 2.04 SYNTHETIC TURF PILE SURFACE A. The pile surface shall provide good traction in all types of weather with the use of conventional "sneaker-type shoes" and composition, molded-sole athletic shoes. B. The pile surface shall be suitable for both temporary and permanent line markings using paint as approved by the synthetic turf vendor where applicable. C. Pile surface shall be nominally uniform in length for all portions of the field. Synthetic turf panels or rolls with irregular pile heights or with "J hooked" fibers that extend more than 1/4 inch above the surrounding fibers will be rejected. 2.05 SYNTHETIC TURF FABRIC SURFACE A. The fabric surface shall be constructed and installed in minimum 15-foot widths with no longitudinal or transverse seams, except for head or tee seams at field boundaries and inlaid lines within a finished roll assembly. The seams shall be 15'- 0" spacing. All turf panel seams shall be sewn with high strength cord material or glued with a hot melt glue system. B. Fabric backing for the in-filled synthetic turf systems can be loose laid and anchored ,, •+;' Revised 07/16/2019 Contract No. 4742 PAGE 10 OF 21 City of Carlsbad Stagecoach Community Park Synthetic Turf Replacement SECTION 321823 IN-FILLED SYNTHETIC TURF at the perimeter of the fields as shown in the details or adhered to the base. C. Rolls that do not lay evenly and with full dimension width will be rejected. No fitted pieces or cutting within the panels will be allowed to provide true alignment or to eliminate wrinkles. D. The color shall be uniform with no visible deviations in shade permitted. Rolls that do not meet this requirement may be rejected at any time during the installation process. Pile fibers shall resemble freshly-grown natural grass in appearance, texture and colors. 2.06 SYNTHETIC TURF PERFORATIONS A. Synthetic turf with tufted fibers and a coated backing must include either perforations in the backing for vertical drainage, or the turf shall include a partially coated backing providing permeability without the use of perforations. Certified independent test results indicating a minimum drainage rate of 40 inches per hour for the permeable backing must be provided. B. Perforations in turf backing to be a minimum of 3/16" diameter clear opening and shall be spaced a maximum of 4" uniformly on-center. C. The turf shall be perforated with a minimum of 95% integrity over entire surface. Holes must be full diameter, completely through the underside of the turf backing with no material residue or fragmented fibers remaining. D. Owner's Representative shall approve the turf perforations prior to shipment, upon shipment onsite, or during on-site perforating operations as applicable. E. If the non-permeable backing material exceeds 12 inches in width it shall be perforated in accordance with paragraph 2.08 of this section. Perforations shall be drilled from the surface after the adhesive has set. 2.07 LINES AND MARKINGS A. A complete field lining, marking and field boundary system with team area limits, etc., shall be provided with the initial installation of the surfacing system. Layouts shall be accurately surveyed and marked prior to installation. Installation of the lines and markings shall not deviate more than 0.25 inches from the dimensions shown on the plans. B. All lines and field markings shall be tufted in or installed as synthetic turf inlays. Wherever possible, lines shall be tufted into the turf panels in lieu of inlays. All markings shall be uniform in color, providing a sharp contrast with the turf color, and shall have sharp and distinct edges. Markings shall be true and shall not vary more than 7/32" from specified width and location. C. Manufacturer shall guarantee the synthetic turf is adaptable to painted lines in the ,, • ., Revised 07/16/2019 Contract No. 4742 PAGE 11 OF 21 event painting is utilized in the future. City of Carlsbad Stagecoach Community Park Synthetic Turf Replacement SECTION 321823 IN-FILLED SYNTHETIC TURF D. For cemented seams, use supplemental backing material. The supplemental backing material shall bridge all inlaid lines and markings a minimum of 4 inches on each side of the seam. Supplemental backing material that is greater than 12 inches in width shall be perforated in accordance with paragraph 2.06 of this section. Perforations shall be drilled from the surface after the adhesive has set. Primary Soccer: 1. Playing field boundaries: 4" wide yellow lines, tufted 2. Mid-field line: 4" wide yellow lines, tufted 3. Goal and penalty boxes: 4" wide yellow lines, inlaid 4. Center circle & penalty arc: 4" wide yellow lines, inlaid 5. Corner kick arc: 4" wide yellow lines, inlaid 6. Corner kick hash marks: 4" wide x 3' yellow lines, inlaid 7. Center spot: 9" diameter yellow dot, inlaid 8. Team box: 4" wide yellow lines, inlaid Modified Soccer (4" x 4" inlaid alignment squares only) 1. Playing field boundaries: 4" wide gray lines, tufted or inlaid 2. Mid-field line: 4" wide gray line, inlaid 3. Goal and penalty boxes: 4" wide gray lines, inlaid 4. Center circle & penalty arc: 4" wide gray lines, inlaid 5. Corner kick arc: 4" wide gray lines, inlaid 6. Corner kick hash marks: 4" wide x 3' gray lines, inlaid 7. Center spot: 9" diameter gray dot, inlaid Modified Soccer 7 on 7 (4" x 4" inlaid alignment squares only) 1. Playing field boundaries: 4" wide black lines, tufted or inlaid 2. Mid-field line: 4" wide black line, inlaid 3. Goal and penalty boxes: 4" wide black lines, inlaid 4. Center circle & penalty arc: 4" wide black lines, inlaid 5. Corner kick arc: 4" wide black lines, inlaid 6. Corner kick hash marks: 4" wide x 3' black lines, inlaid 7. Center spot: 9" diameter black dot, inlaid Unified Lacrosse (4" x 4" inlaid alignment squares only) 1. Playing field boundaries: 4" wide blue lines, inlaid 2. Mid-field line: 4" wide blue line, inlaid 3. Goal and penalty boxes: 4" wide blue lines, inlaid 4. Center circle & penalty arc: 4" wide blue lines, inlaid 5. Corner kick arc: 4" wide blue lines, inlaid 6. Corner kick hash marks: 4" wide x 3' blue lines, inlaid 7. Center spot: 9" diameter blue dot, inlaid Softball 1. Batters Box 3" wide, white lines, inlaid {'\ •+i'Revised 07/16/2019 Contract No. 4742 PAGE 12 OF 21 2. Catchers Box 3. Umpires Box 4. Foul Lines 5. Pitchers Circle 6. 1st Base Path 7. Coaches Boxes 8. Base Locations 9. Pitcher's Plate 10. Commit Line 11. Scoring Line Baseball 1. Pitcher's Plate 2. Base locations 3. Infield Arc City of Carlsbad Stagecoach Community Park Synthetic Turf Replacement SECTION 321823 IN-FILLED SYNTHETIC TURF 3" wide, white lines, inlaid 3" wide, white lines, inlaid 3" wide, white lines, inlaid or tufted 3" wide, white lines, inlaid 3" wide, white lines, inlaid 3" wide, white lines, inlaid 2" x 2", white inlaid square 4" x 48", white inlaid line 4" x 24", white inlaid line 4" x 72", white inlaid line 4" x 48", white inlaid line 2" x 2" white inlaid square 3", white inlaid line E. Manufacturer shall guarantee the synthetic turf is adaptable to painted lines in the event additional painting is utilized in the future. 2.08 MINIMUM SPECIFICATIONS FOR SYNTHETIC TURF SYSTEM MATERIALS A. The minimum material will be verified and enforced and will be the basis for Owner's testing. Material that fails to meet these minimum specifications will be rejected. The material specifications in this section are minimums. The manufacturer of the synthetic turf fiber and fabric may elect to exceed these specifications to insure compliance with all requirements and the warranty as specified in this section. B. Color of synthetic turf to be green as approved by Owner with white, and yellow/gold, as required in Section 2.07 for the lines and markings. The fiber used for the lines and markings shall be of the same composition as that used for the green field areas. 2.09 MINIMUM SPECIFICATIONS FOR SYNTHETIC TURF SYSTEM MATERIALS A. The minimum material will be verified and enforced and will be the basis for Owner's testing. Material that fails to meet these minimum specifications will be rejected. The material specifications in this section are minimums. The manufacturer of the synthetic turf fiber and fabric may elect to exceed these specifications to insure compliance with all requirements and the warranty as specified in this section. B. Color of synthetic turf to be medium green as approved by Owner's Representative for the field areas, and brown for the infield areas and warning track of the softball field. The fiber used for the lines and markings shall be of the same composition as that used for the green and brown areas. Property 1. 0418 Pile Weight (PE) Minimum Specifications 37 oz/sq yard ,, •,r Revised 07/16/2019 Contract No. 4742 PAGE 13 OF 21 2. 3. 4. 5. 6. 7. 8. 9. 10. D418 D418 D418 D418 D418 D418 D1335 D1682 D2859 Pile Weight (Nylon) Pile Weight (Total) Primary Backing Back Coating Total Weight Pile Height Tuft Bind (without infill) Grab/Tear Strength Pill Burn Test City of Carlsbad Stagecoach Community Park Synthetic Turf Replacement SECTION 321823 IN-FILLED SYNTHETIC TURF 15 oz/sq yard 52 oz/sq yard 8 oz/sq yard total 26 oz/sq yard 86 oz/sq yard 2.00"-2.25" 8 lbs. 200 lbs. Pass C. The primary pile fiber shall be 100% polyethylene athletic quality yarn designed specifically for outdoor use and stabilized to resist the effects of ultra-violet degradation, heat, wear, water and airborne pollution. They shall include a uniform blend of both long parallel slit-film and monofilament fibers. The fabric shall include a highly texturized secondary fiber in the lower portion of the profile for infill stabilization. The secondary infill stabilization fiber shall be 100% nylon. The coating and backing materials shall assure suitable tuft bind strength, dimensional stability, and long-term wearing properties. D. Fiber shall be certified to have less than 50 ppm or less of lead from both the fiber supplier and the turf vendor. E. The primary monofilament fiber shall meet the following requirements: Item ASTM Property Minimum Specifications 1. D1577 Yarn Denier I Ply 12,000 I 6 2. D1577 Base Filament Thickness 130 U Micron 3. D1577 Monofilament Width 1.40 mm 4. D2256 Yarn Breaking Strength 20Ibs 5. D2256 Yarn Elongation to Break 50% 6. D789 Yarn Melting Point 240° F. F. The primary long parallel slit film fiber shall meet the following requirements: Item ASTM Property Minimum Specifications 1. D1577 Yarn Denier/ Ply 8,000 I 1 2. D1577 Base Filament Thickness 100 U Micron 3. D2256 Yarn Breaking Strength 20Ibs 4. D2256 Yarn Elongation to Break 50% 5. D789 Yarn Melting Point 240° F. G. The secondary infill stabilization nylon fiber shall be black in color and meet the following requirements: Property Minimum Specifications l'\ •+;' Revised 07/16/2019 Contract No. 4742 PAGE 14 OF 21 1. 2. 3. D1577 D2256 D789 Yarn Denier I Ply Yarn Breaking Strength Yarn Melting Point City of Carlsbad Stagecoach Community Park Synthetic Turf Replacement SECTION 321823 IN-FILLED SYNTHETIC TURF 5,000 I 8 2.3 grams/denier 490° F. H. Fiber Wear Simulation: Fiber shall exhibit no splitting or appreciable degradation after a minimum of 12,000 cycles of simulated Lisport wear testing and shall remain serviceable without appreciable face weight loss after a minimum of 40,000 cycles of simulated Lisport wear testing. 2.10 INFILL MA TE RIALS A. The synthetic turf shall utilize a combination of sand and coated ambient or cryogenic rubber infill materials. The maximum sand content shall not exceed 30% by volume and shall not be less than 20% by volume. The exact in-fill material ratio may be altered to provide strength, shock attenuation, and to provide permeability by the vendor/installer as approved by the Engineer. B. Infill material shall be applied in a dried condition when the turf is dry. It shall be applied in uniform layers effectively dragged to distribute the material uniformly to the backing of the turf. C. The sand infill material shall be graded silica sand, sub-round to round, compaction resistant, washed and dried. The sand shall meet the following criteria: Percent Silica Shape Sphericity Roundness Hardness (Moh) 80-95% Round to Sub-round 0.65-0.85 0.60-0.70 7 The sand gradation shall meet the following wet sieve analysis: Sieve Size #16 #20 #30 #40 #50 #100 Pan Percent Retained 0%-5% 10%-20% 50%-70% 15%-25% 0%-10% 0%-5% 0%-2% D. Coated SBR Infill: Cushion Fall Sport consisting of color encapsulated crumb rubber. 1. The rubber shall consist of SBR rubber granules in the synthetic turf manufacturer's designated proportion, installed as per the approved manufacturer's recommended installation system. 2. The Crumb Rubber Infill (CRI) material used prior to encapsulation shall be l' •+; Revised 07/16/2019 Contract No. 4742 PAGE 15 OF 21 City of Carlsbad Stagecoach Community Park Synthetic Turf Replacement SECTION 321823 IN-FILLED SYNTHETIC TURF derived from North American manufactured automotive or truck tires. Tires more than 10 years old from date of production are not allowed. The Crumb Rubber shall have a specific gravity range from 1.1 minimum to 1.2 minimum as determined by ASTM D297. 3. The colorant is a dual coating process of a non-chromatic color applied utilizing a cross linkable topcoat coating technology to achieve long term durability of the SBR rubber. Colorant must be UV-resistant and free of heavy metals, and odor free. The encapsulation system/process shall include not less than 2% of colorant by weight of rubber and 3% of polyurethane sealant by weight of rubber. The minimum encapsulation thickness shall be between 2 mils and shall cover a minimum of 90% of the surface area of the rubber granules. 4. The encapsulation system/process shall be as per Cushion Fall Sport (302) 897-5381 or approved equal and must be warranted by the manufacturer for a period of not less than 8 years. Color to be Green. Standard Sieve/Size % Retained 2-1.5 mm 1.5-1.0 mm 1.0-0.5 mm 0.5-0.0 mm 0% -10% 10% -30% 40%-80% 0%-10% E. SBR rubber shall be certified to have less than 50 ppm or less of lead from both the rubber supplier and the turf vendor. F. Infill material shall be applied in a dried condition when the turf is dry. It shall be applied in uniform layers effectively dragged to distribute the material uniformly to the backing of the turf. G. The application rate shall provide a total minimum weight of 2.50-3.0 lbs. of rubber infill material per square foot of the turf area, or as required to meet GMAX testing requirements. Depth of infill and exposed fiber shall not be in conflict with any other product patents, after infill placement, settling, and compaction. 2.11 PAINT A. Paint for lines and markings shall be specifically formulated for use with synthetic turf. Paint formulation shall be considered as a semi-permanent installation. Acceptable manufacturer and product include: 1. Pioneer Athletics -Extremeline Paint 2. Eco Paint 3. Or approved equal. PART 3 -EXECUTION 3.01 CERTIFICATION OF FIELD BASE INSTALLATION ,, •+;' Revised 07/16/2019 Contract No. 4742 PAGE 16 OF 21 City of Carlsbad Stagecoach Community Park Synthetic Turf Replacement SECTION 321823 IN-FILLED SYNTHETIC TURF A. The Contractor or the Contractor's subcontractor shall perform an inspection of the existing permeable aggregate and submit written certification of acceptance of the base for the installation of the synthetic turf system. B. Summary of certification shall include, but not be limited to: 1. Acceptance of the base construction "finish surfaces" as totally suitable for the application of work specified under this section. 2. Verification and certification of the infiltration and permeability rates of the permeable aggregate as applying to the warranty. C. All discrepancies between the required materials, application and tolerance requirements noted by the turf installer shall be brought immediately to the attention of the Contractor and the Project Engineer. Failure of the turf installer to immediately inform the Contractor and Project Engineer of any prior work that does not meet the required specifications will result in the turf installer being required to perform any work needed to bring the base to acceptable condition. 3.02 INSPECTION OF MATERIALS A. Prior to installation, and immediately upon delivery of synthetic turf system materials to the project site, the Synthetic Turf Surfacing Contractor shall inspect material as follows: 1. For damaged or defective items; 2. Measure turf pile height and thickness of each roll; 3. Measure backing perforation diameter and spacing; 4. Reject damaged materials and all materials out of tolerance with this specification. B. After installation, inspect project area for acceptable seaming, adhesive bonding, uniformity of color of turf, bubble-free surface smoothness as laid, field lines and markings, insert installations, edge details. Remove and/or repair deficient workmanship prior to requesting the Project Engineer's inspection pursuant to completion and acceptance of the work. 3.03 OWNER'S TEST A. Owner may have samples of the turf submitted and tested for verification of conformance to specifications. Turf system acceptance is subject to the results of these tests. B. Any material so tested and found not conforming to specification will be rejected and replaced with material conforming to the specification at Synthetic Turf Surfacing Contractor's expense. Re-submittal shall be required. ,, •;;' Revised 07/16/2019 Contract No. 4742 PAGE 17 OF 21 City of Carlsbad Stagecoach Community Park Synthetic Turf Replacement SECTION 321823 IN-FILLED SYNTHETIC TURF 3.04 SYNTHETIC TURF INSTALLATION A. Perform all work in strict accordance to the drawings, shop drawings and manufacturer's specifications and instructions. B. Verification: The Contractor is responsible for inspecting, verifying, and accepting all installed work of this section. C. Preparation: 1. Accept base onto which the synthetic turf surfacing system and the anchoring system are to be applied, as specified above. 2. Immediately prior to application of the synthetic turf, the base shall be thoroughly cleaned of all foreign material, soil, or any other substances that may be detrimental to permeability and the installation of the turf system. D. Equipment and Access: 1. Passenger vehicles shall not be allowed to park or staged upon the completed aggregate surface either prior to or during installation of the synthetic turf. 2. Equipment utilized during construction including compressors, generators, etc. shall be in complete working order, with exhaust systems oriented vertically and away from the synthetic turf surface. At any location where equipment is parked and/or staged on the turf surface during installation, adequate protection of the finish turf surface will be required including, but not limited to heat resistant panels to ensure 100% viability of the finish turf surface and fibers. Should a portion of the turf be damaged as a result of installation techniques, the entire turf panel may be subject to rejection and replacement at the direction of the Engineer. E. The fabric surface shall be constructed and installed in 15 foot minimum widths with no longitudinal or transverse seams, except for head or tee seams at field boundaries and inlaid lines within a finished roll assembly. F. No head seams shall be permitted inside of the primary soccer field boundaries. A single head seam will be permitted in the quarter turned panels outside of the soccer sidelines. G. Rolls that do not lay evenly and with full dimension width will be rejected. No fitted pieces will be allowed to true alignment. No fitted pieces or cutting within the panels will be allowed to provide true alignment or to eliminate wrinkles. H. Seams (Joint) 1. It is preferred that all turf panel seams within the primary soccer field grid and the ¼ turn sideline panels shall be sewn with high strength cord. Use of a cart sewing machine suitable for completion of butt seams is preferred to minimize overlap and excess selvage of material at sewn seams. However, alternate {'\ •fr Revised 07/16/2019 Contract No. 4742 PAGE 18 OF 21 City of Carlsbad Stagecoach Community Park Synthetic Turf Replacement SECTION 321823 IN-FILLED SYNTHETIC TURF seaming methods including heat actuated seaming tape with polyurethane based binders will be considered as an alternate to sewn seams. 2. Perimeter panels and seams may be cemented with a supplemental backing material. 3. The seam gaps between fiber courses shall not exceed the tufting gauge for the material. 4. All sewn seams shall be brushed to provide full coverage of fiber over the thread or seam. 5. Seams must maintain their integrity for entire length of warranty period. I. Turf Edges: Turf edges to be secured as shown on the edge fastening detail and nailed and glued at the turf perimeter. 3.05 LINING/ MARKING INSTALLATION A. Complete field markings shall be provided with the initial installation of the surfacing system, except as noted for alignment squares suitable for future painting by others. Provide lines and markings in conformance with these specifications. Layouts shall be accurately surveyed and marked prior to installation. B. If overlapping backing materials are utilized for the inlaid lines and markings resulting in a non-permeable surface in excess of 12 inches wide, the backing materials shall be perforated in conformance with section 2.06 from the surfacing after gluing and prior to installation of the infill material. C. To the greatest extent practical, lines and markings shall be installed without compromising the primary backing. D. Painted lines and markings shall be crisp and distinct, with no weeping or overspray. Application of paint shall be exactly aligned with required dimensions and a guide wire/string line shall be used to produce straight lines. E. Contractor shall reapply paint if markings exhibit any appreciable fading or degradation within three months of initial application. 3.06 IN-FILL INSTALLATION A. Prior to application of infill, the entire turf area shall be vacuumed clean from of all debris, loose fiber or other construction materials. Brushing/brooming of fibers to the field perimeter as a primary means of debris clean-up is not acceptable. B. The in-fill material shall be applied in a dry condition and when the synthetic turf is dry. C. The synthetic turf installer shall not infringe upon any current or pending patents held by other synthetic turf manufacturers or installers with the installation of the in- fill materials, particularly as related to the depth of infill and amount of exposed fiber following infill. l' • ., Revised 07/16/2019 Contract No. 4742 PAGE 19 OF 21 City of Carlsbad Stagecoach Community Park Synthetic Turf Replacement SECTION 321823 IN-FILLED SYNTHETIC TURF D. For sand and rubber infill systems, the infill materials will be installed with a minimum of 12 applications. E. The infill installation shall not result in fiber material trapped below the surface of the infill material. If fiber is trapped below the surface, a portion or all of the infill material must be removed and reinstalled. F. The infill material shall be installed at a uniform depth across the entire field area. Infill depths shall not vary by more than 5mm across the field area. G. The brushing of the in-fill material shall provide fiber fibrillation resulting in a natural surface appearance. H. The in-fill materials shall water settled to provide accelerated consolidation of the in- fill material prior to use by the Owner. Water is available from quick coupling valves located around the field. The Synthetic Turf Contractor shall utilize portable sprinkler heads to evenly apply a minimum of 1 inch of water over the entire field area for water settlement. Upon completion of the initial water settlement, the surface will be inspected the Owner and Engineer for footing stability and in-fill consolidation. The Synthetic Turf Contractor shall provide any additional water settling as required by the Owner and Engineer to achieve the desired level of in-fill stability and consolidation. 3.07 CLEANING A. Remove all excess materials of all types, equipment, debris, etc., from the site immediately after completion of the work. Remove all stains and other blemishes from all finished surfaces. Leave work in clean, new appearing condition, ready for use by Owner. B. The Contractor shall inspect the entire field area with a hand held metal detector to identify any construction materials or tools left on the field. Inspection with metal detector shall be observed by the Engineer. All such materials shall be removed prior to Owner occupancy of the field. 3.08 PROTECTION A. Adequate protection of materials and work from damage will be the responsibility of the installer during installation and until acceptance of their work. Synthetic Turf Surfacing Contractor will be responsible for protection after the acceptance of the work until final acceptance of all contract work by the Owner. All material damaged prior to acceptance by the Owner shall be replaced at no cost to the Owner. 3.09 EXTRA MATERIALS A. Deliver to Owner all extra materials herein specified. Receive Owner's written receipt for all materials. Deliver receipt to Project Engineer. l'\ •;;' Revised 07/16/2019 Contract No. 4742 PAGE 20 OF 21 City of Carlsbad Stagecoach Community Park Synthetic Turf Replacement SECTION 321823 IN-FILLED SYNTHETIC TURF B. Infill Materials: Provide four (4) 33 gallon rubber trash containers with lids of each infill material used. C. Turf for Future Repairs: Material may be roll ends or cutoffs; however, each piece of fabric shall be at least 5' x 10'. At least one green turf piece shall be at least 1 0' x 15'. The following are minimum areas for the extra synthetic turf materials to be provided by the Synthetic Turf Surfacing Contractor to the Owner: Minimum Quantities: 1. Green Turf: 2. Brown Turf: total) 3. White Turf: 4. Yellow Turf: 5. Blue Turf: 6. Gray Turf: 1500 sf 1000 sf, plus 8 complete replacement panels for each base (48 total) 8 complete replacement panels for home plate circle (16 total) 8 complete replacement panels for pitcher's circle (16 200 If of 3" wide lines 100 LF of 4" wide lines 100 LF of 4" wide lines 100 LF of 4" wide lines 3.10 MAINTENANCE A. Vendor shall complete maintenance of the synthetic turf field at both 6 months and 1 year after the date of Substantial Completion. Minimum maintenance activities shall include: 1. Inspect and repair as required each seam. 2. Brush and remove surface debris, loose fibers and any other deleterious material. Use of a rotating, mechanical brush is recommended. 3. De-compact and re-level infill materials. Import and place /top dress new infill material matching original infill materials as needed to establish original infill depth, with¾" of exposed fiber. 4. All maintenance activities shall be as approved and directed by the original manufacturer. 5. All maintenance activities shall be coordinated with scheduled use of the facility and completed at the convenience of the owner and applicable user groups. 6. Replace each base/slide pit and pitcher's panel at completion of 1 year warranty period, including installation of infill. -END OF SECTION - ©2019 D. A. Hogan & Associates, Inc. ,, •+;' Revised 07/16/2019 Contract No. 4742 PAGE 21 OF 21 City of Carlsbad Stagecoach Community Park Synthetic Turf Replacement SECTION 323113 CHAIN LINK FENCING AND GATES PART1 -GENERAL 1.01 SUMMARY A. Scope of Work 1. Provide chain link fences and gates as complete units controlled by a single source including necessary erection accessories, fittings, and fastenings completely installed and functioning. Work shall include all chain link fencing for the site. 2. All new chain link posts, rails, fabric and hardware shall include a galvanized finish. 3. All chain link fabric shall include a galvanized coating. 4. Gates that are part of the accessible route shall meet all of the requirements of an accessible door in compliance with CBC Section 118-404. 5. The levers of lever actuated latches or locks for accessible gates shall be curved with a return to with ½" of the gate surfaces to prevent catching on the clothing or persons per California Referenced Standards Code T-24 Part 12, Section 12-10-202, Item (F). 6. Swing doors and gate surfaces within 1 0" of the finish floor or ground shall have a smooth surface on the push side extending the full width of the door or gate. Parts creating horizontal or vertical joints ink these surfaces shall be within 1 /16" of the same plane as the other and be free of sharp or abrasive edges. Cavities created by added kick plates shall be capped per CBC Section 118-404.2.10. B. Related Sections 1. Section 033000 Sitework Concrete 2. Section 334623 Field Permeable Aggregate 1.02 SUBMITTAL$ A. Submit under provisions of Division1 -Submittals 8. Product Data: Submit the manufacturer's technical data and installation instructions for metal fencing and gates. C. Shop Drawings: Submit shop drawings showing elevations and details of assembly. 1.03 MATERIALS STANDARDS A. Materials standards shall adhere to Standards for Galvanized Steel Chain Link Fence Fabric, Standards for Industrial Steel Specifications for Fence Posts and Accessories, Standards for chain Link Fence Installation; as published by Chain Link Fence Manufacturer's Institute (CLFMI); American National Standard Institute (ANSI). ,, •f;' Revised 07 /16/19 Contract No. 4742 PAGE 1 OF 5 City of Carlsbad Stagecoach Community Park Synthetic Turf Replacement SECTION 323113 CHAIN LINK FENCING AND GATES 1. Standards for Galvanized Steel Chain Link Fence Fabric 2. Standards for Industrial Steel Specifications for Fence Posts and Accessories 3. Standards for Chain link Fence Installation as published by Chain link Fence Manufacturer's Institute (CLFMI) 4. American National Standard Institute (ANSI). 1.04 WELDING A. All welding shall be completed by a certified welder. PART 2 -MATERIALS 2.01 GENERAL A. Dimensions shown for pipe are outside dimensions. 2.02 STEEL FENCING A. Typical Fabric: No. 9 ga. (0.158") finished size steel wires, 2" mesh, with knuckle both top and bottom. B. Furnish one-piece fabric widths for fencing up to 1 0' high. C. Fabric finish: galvanized, ASTM A392, Class I, with not less than 1.2 oz. zinc per sq. ft. of surface. D. Framework: Galvanized steel, ASTM A 120 or A 123, with not less than 1.8 oz. zinc per sq. ft. of surface. E. Hardware and Accessories: Galvanized steel, ASTM A 120 or A 123, with not less than 1.8 oz. zinc per sq. ft. of surface. This will include all bolts, nuts and fasteners. 2.03 FRAMING AND ACCESSORIES A. End, Corner and Pull Posts: All posts shall be standard steel pipe, straight, true and un-spliced to the greatest extent practical. Minimum sizes and weights as follows: 1. 4' height, 2.875" o.d. steel pipe, 5. 79 lbs. per I. f. 2. 8' fabric height, 4.0" o.d. steel pipe, 9.11 lbs. per l.f. B. Gate Posts: Furnish posts for supporting single gate leaf, or one leaf of a double- gate installation, for nominal gate widths as follows: Leaf 5', 1 0' & 12' (Clear) Width 4.000" Gate Post o.d. pipe Lbs/L.F. 9.11 ,, • ., Revised 07 /16/19 Contract No. 4742 PAGE 2 OF 5 City of Carlsbad Stagecoach Community Park Synthetic Turf Replacement SECTION 323113 CHAIN LINK FENCING AND GATES C. Line Posts: All posts shall be standard steel pipe, straight, true and up to 20 ft. length to be unspliced. Minimum sizes and weights as follows: 1. Space 10' o.c. maximum, unless otherwise indicated. 2. 6'fabric height, 2.375" o.d. steel pipe, 3.65 lbs. per l.f. 3. 8' fabric height, 2.875" o.d. steel pipe, 5.79 lbs. per l.f. D. Top, Bottom and Intermediate Rails: Manufacturer's longest lengths, with expansion type couplings, approximately 6" long, for each joint. Provide means for attaching top rail securely to each gate corner, pull and end post. Rails shall be 1.66 o.d. pipe, 2.27 lbs. per l.f. E. Post Brace Assembly: Manufacturer's standard adjustable brace at end and gate posts and at both sides of corner and pull posts, with horizontal brace located at mid-height of fabric. Use same material as top rail for brace, and truss to line posts with 0.375" diameter rod and adjustable tightener. F. Post Tops: Weather-tight closure cap (for tubular posts), one cap for each post. Furnish caps with openings to permit passage of top rail. G. Stretcher Bars: One-piece lengths equal to full height of fabric, with minimum cross- section of 3/15" x 3/4". Provide one stretcher bar for each gate and end post, and two for each corner and pull post. H. Stretcher Bar Bands: Space not over 15" o.c., to secure stretcher bars to end, corner, pull, and gate-posts. Provide offset type bar bands at backstop posts so that fabric is aligned with inside edge of posts. I. Tension Wire: Shall be marcelled (spiraled or crimped) #7 gauge, 0.177 inches in diameter, conforming to ASTM A-824. Color to be match fabric. J. Wire Ties: For tying fabric to line posts, use wire ties spaced 18" o.c. For tying fabric to rails and braces, use wire ties spaced maximum 18" o.c. 2.04 GATES A. Gate Posts: Furnish 4.0" o.d. posts, 9.11 lbs/If, for supporting a single gate leaf of nominal 5', 7', 10' or 12' lengths. B. Fabricate swing gate perimeter frames of minimum 1-5/8" o.d. pipe. Metal and finish to match framework. Provide horizontal and vertical members to ensure proper gate operation and for attachment of fabric, hardware and accessories. C. Assemble gate frames by welding or with special fittings and rivets, for rigid connections. Use same fabric as for fence, unless otherwise indicated. Install fabric with stretcher bars at vertical and top and bottom edges. Attach stretchers to gate frames at not more than 15" o. c. Attach hardware to provide security against removal or breakage. Install diagonal cross bracing consisting of 3/8" diameter ,, •tr Revised 07 /16/19 Contract No. 4742 PAGE 3 OF 5 City of Carlsbad Stagecoach Community Park Synthetic Turf Replacement SECTION 323113 CHAIN LINK FENCING AND GATES adjustable length truss rods on gates to ensure frame rigidity without sag or twist, as required. 2.05 GATE HARDWARE A. Furnish the following hardware and accessories for each gate. 1. Hinges: Size and material to suit gate size, non-lift-off type, offset to permit opening per detail or unobstructed rolling gate operation. 2. Latch: Forked type or plunger-bar type to permit operation from either side of gate, with padlock eye as integral part of latch. Latches shall be Fulcrum type or approved equal. 3. Provide solid kick plate, 3/16" thickness at bottom of gates per details. PART 3 -INSTALLATION 3.01 CHAIN LINK FENCE INSTALLATION A. Excavation: Drill holes for posts of diameters shown in firm, undisturbed or compacted soil. Excavate holes to minimum diameter and depth as shown on the drawings. Excavate hole depths approximately 4" lower than post bottom. Refer to drawings for depth. B. Setting Posts: Center and align posts in holes 4" above bottom of excavation. Place concrete around posts and vibrate or tamp for consolidation. Check each post for vertical and top alignment, and hold in position during placement and finishing operations. No concrete or concrete grout is to extend beyond limits of footing hole. C. Top Rails: Run rail continuously through post caps, bending to radius for curved runs. Provide expansion couplings as recommended by fencing manufacturer. D. Brace Assemblies: Install braces so posts are plumb when diagonal rod is under proper tension. E. Fabric: Leave approximately 1" between finish grade and bottom selvage. Fabric to be installed so that a baseball cannot roll underneath the fabric. Pull fabric taut and tie to posts and rails. Install fabric on the field side of fence, and anchor to framework so that fabric remains in tension after pulling force is released. F. Stretcher Bars: Thread through or clamp to fabric 4" o.c., and secure to posts with metal bands spaced 14" o.c. maximum. Align off set type stretcher bar bands to allow fabric to align with field side of posts. A maximum of½" displacement will be allowed. G. Tension Wire: Shall be stretched from end to end of each stretch of fence where indicated on drawings and details. The tension wire shall be taut and free of sag. {'\ •;;' Revised 07 /16/19 Contract No. 4742 PAGE 4 OF 5 City of Carlsbad Stagecoach Community Park Synthetic Turf Replacement SECTION 323113 CHAIN LINK FENCING AND GATES H. Tie Wires: Use U-shaped wire, conforming to diameter of pipe to which attached, clasping pipe and fabric firmly with ends twisted at least two full turns. Bend wire to minimize hazard to persons or clothing. I. Fasteners: Install nuts for tension bands and hardware bolts on side of fence opposite fabric side. Peen ends of bolts or score threads to prevent removal of nuts. 3.02 GA TE INSTALLATION A. Install gates plumb, level, and secure for full opening without interference. The clear opening shall be equal to or larger than the size specified on the drawings. Install ground-set items in concrete for anchorage, as recommended by fence manufacturer. Adjust hardware for smooth operation and lubricate where necessary. -END OF SECTION - ©2019 D. A. Hogan & Associates, Inc. ,, •+; Revised 07 /16/19 Contract No. 4742 PAGE 5 OF 5 City of Carlsbad Stagecoach Community Park Synthetic Turf Replacement SECTION 334616 FIELD SUBSURFACE DRAINAGE PART 1 -GENERAL 1.01 SCOPE OF WORK A. Furnish and install additions to existing subsurface drainage system as indicated on the drawings. B. Protect existing geotextile fabric to remain. C. Trench to line and grade as shown on the drawings utilizing laser controlled equipment. D. Dispose of excavated trench material. E. Remove all loose material from lateral trench bottom. F. For round pipe perforated lateral drainage piping, place a minimum 2" depth of specified washed pea gravel bedding for perforated lateral piping. G. Install perforated corrugated tubing lateral system plumbed to collector piping. H. Bed and backfill round perforated tubing trenches with specified washed pea gravel. Backfill over corrugated tubing in jump pits with pea gravel. I. Upon completion of this work, restore subgrade to specified condition and tolerances, compacted to 95% density with no loose material on surface. 1.02 STANDARD SPECIFICATIONS A. The Green Book Standard Specifications for Municipal Public Works Construction, California State Chapter (latest edition). B. United States Department of Agriculture, Soil Conservation Service, Engineering Standard 606. 1.03 RELATED WORK IN OTHER SECTIONS A. Section 021000 Site Preparation 1.04 SUBMITTALS A. Submit to the Engineer for approval: 1. Pea gravel sieve analysis 2. Product data for perforated and non-perforated tubing 3. Product data for all fittings and connections ('\ • ., Revised 07 /16/19 Contract No. 4742 PAGE 1 OF 6 City of Carlsbad Stagecoach Community Park Synthetic Turf Replacement SECTION 334616 FIELD SUBSURFACE DRAINAGE 1.05 QUALi FiCA TIONS A. The subcontractor responsible for field subgrade establishment, field washwater and irrigation, field subsurface drainage, and field permeable aggregate placement and compaction shall be submitted to the Engineer for approval. Specific qualification requirements are included as follows: 1. Sub-contractor shall be and has been actively and directly engaged in constructing similar natural or synthetic field projects for a period of five (5) or more years and shall provide proof of five (5) or more full size (75,000 SF) sports field base installations completed in the past three (3) years. The Contractor's experience shall include completion of high school, college, or professional level competition fields. The playing field system shall include earthwork, washwater or irrigation systems, drainage and subsurface drainage systems and base aggregate placement and compaction. Provide a listing of all construction contracts (whether completed or in progress) entered into or performed by the subcontractor within the past five years for projects similar in scope, time and complexity to the work called for under this Contract; include the names of the contracts, and the names and contact information of the owners. PART 2-PRODUCTS 2.01 PERFORATED AND NON-PERFORATED TUBING A. The piping shall be corrugated polyethylene drainage tubing. The perforated and non-perforated collector tubing shall be smooth interior wall CPEP. B. Material shall conform to requirements of Type Ill, Grade 4, Class "C" polyethylene as specified in ASTM D1248. C. Dimensions: 1. Inside diameter variance shall not exceed -0.0% or +5%. 2. Lengths shall be in coiled configuration with a -0.0% tolerance. D. Tubing shall conform to U.S. Department of Agriculture Soil Conservation Service, Engineering Standard 606. E. For perforated tubing utilize dual wall, round perforated drainage tubing. Water inlet areas shall be slotted with a width of 1/16" "0.020" to a maximum of 3/32" "0.030" uniformly spaced circumferential slots located on the inner depression of the corrugation, totaling a minimum of 1.25 square inches per lineal foot. The perforations shall provide a clear opening. Tubing with perforations that are punched with a flap type opening or that are not uniform will be rejected. Geotextile fabric or "sock" at the perimeter of the pipe is strictly prohibited. ,, •ii' Revised 07 /16/19 Contract No. 4742 PAGE 2 OF 6 F. Fittings and Connections: City of Carlsbad Stagecoach Community Park Synthetic Turf Replacement SECTION 334616 FIELD SUBSURFACE DRAINAGE 1. Fittings shall be as furnished by the manufacturer of the pipe. 2. Connections of tubing lengths shall be with split coupling or snap-in-type couplings utilizing polyethylene or construction tape. 3. Tubing is to be inserted into sockets for the full socket length. "Slip-fit" connections will not be permitted. 4. All split coupling connections are to be fully taped. All connections at fittings and connections are to be taped at interface of exposed joint. 2.02 PEA GRAVEL A. Pea-gravel bedding and backfill for perforated pipe shall be clean, washed and uniformly graded 3/8" to 1/8". The pea gravel material graduation must meet the following sieve analysis: Sieve Size 1/ 2" 3/ 8" #4 #8 # 100 # 200 (wet sieve) # 270 (wet sieve) Percent Passing 100 80-100 0-50 0-10 0-0.6 0-0.5 0-0.3 2.03 TESTING A. The Owner will be performing testing of materials delivered to the job site for the purpose of verifying compliance with the contract documents. The Owner's testing is for this purpose only and not for construction quality control by the Contractor. B. The Contractor shall coordinate directly with the Owner's testing firm relative to the delivery schedules of the imported materials. C. The Contractor shall provide testing and surveillance as required to assure materials and work fully comply with contract requirements. D. The Contractor at a price equal to the Owner's contract testing agreement shall pay for owner's tests that do not meet specifications. The Contractor shall pay directly to the testing organization upon invoice to the owner, which has been approved by the Engineer. PART 3 -EXECUTION 3.01 TRENCHING ,, •,;' Revised 07 /16/19 Contract No. 4742 PAGE 3 OF 6 City of Carlsbad Stagecoach Community Park Synthetic Turf Replacement SECTION 334616 FIELD SUBSURFACE DRAINAGE A. Coordination: It is the responsibility of the Contractor to ensure that electrical conduits and wash water piping are installed at a sufficient depth below subgrade before the trenching for the subsurface drainage system to avoid conflicts between systems. B. Excavation shall be made to the alignment, elevation, grade and slope as indicated on the drawings. C. Trenching shall be accomplished utilizing equipment with slope and depth control, such as "Laser Plane Control System", so as to ensure accuracy in the bottom of the trench. D. No high points above designated invert or calculated trench bottom elevation will be permitted. No sloughing of site material or loose excavated soil will be permitted to remain in the trenches. E. Surplus excavated soil shall be removed from the field area. Excavated material may not remain on subgrade. Excess soil material shall be disposed of off-site. F. Provide a smooth, even subgrade after removal of the trench material. Subgrade to be compacted to 95% density. Leave no loose material on the subgrade. 3.02 PLACEMENT A. Excavation below invert grade must be established to a depth so as to provide for specified placement of pea gravel bedding at bottom of pipe elevation prior to laying the tubing. B. No foreign material will be permitted inside, alongside, under, or on top of, installed tubing. C. Coordinate installation of structural soil bearing fabric, whether permeable or non- permeable to be continuous through trenches, however never placed over the surface of the pipe. D. The pea gravel bedding and backfill shall be installed in the same operation as the perforated pipe placement utilizing the trench invert for grade control of the perforated pipe as follows: 1. The perforated pipe shall be held in place during the pea gravel in the trench with a 4 foot minimum length of 6 inch diameter PVC pipe. 2. The PVC pipe shall include a 2 inch skid to allow for the specified depth of pea gravel bedding. 3. The pea gravel is being conveyed to the trench through a chute. 4. The PVC pipe shall be pulled through the trench as the pea gravel is being conveyed to prevent displacement and provide for achieving specified invert elevation. ,, •fi' Revised 07 /16/19 Contract No. 4742 PAGE 4 OF 6 City of Carlsbad Stagecoach Community Park Synthetic Turf Replacement SECTION 334616 FIELD SUBSURFACE DRAINAGE 5. Do not damage pipe or allow pipe to be displaced by placement of backfill material. 3.03 BACKFILL A. The backfill for all round perforated pipe shall be clean washed pea gravel. B. Pea gravel backfill of pipe shall extend to top of subgrade/bottom of permeable aggregate section. Trench shall be backfilled above subgrade with top course permeable aggregate, compacted to match adjacent conditions. C. All trenches to have backfill material "crowned" a minimum of 2" above subgrade to protect from foreign material and provide for ease of location identification. Crowns with foreign material contamination shall be removed prior to placement of base aggregate. D. Specified bedding shall not be placed until Engineer approves the trench. E. Trench backfill shall not be placed before Engineer approves perforated pipe placement. F. During placement of specified trench backfill, pipe must be held in place with a hand device to prevent displacement and provide for achieving specified invert elevation. Do not damage pipe or allow pipe to be displaced by placement of backfill material. 3.04 CONNECTIONS A. All connections are to be made with approved fittings as recommended by the tubing manufacturer and approved by the Engineer. B. Tubing is to be inserted into sockets for the entire length. Tape all connections utilizing polyethylene or construction tape. Tape alone shall not be acceptable when connecting separate pieces of pipe together. C. No foreign material will be permitted inside the installed tubing. D. Cap the ends of all lateral runs as shown on the drainage plan. All open ends during construction are to be temporarily capped or plugged. Tape shall not be used in lieu of end caps. E. Connection of laterals to collector drains shall be made with a combination reducing tee and reducing saddle tee or end tee as applicable, utilizing snap connections. 3.05 EQUIPMENT MOVEMENT A. No trucks or equipment will be allowed to drive over the top of the trenches except track-equipped machinery utilized in spreading imported granular materials. ,, •+; Revised 07 /16/19 Contract No. 4742 PAGE 5 OF 6 City of Carlsbad Stagecoach Community Park Synthetic Turf Replacement SECTION 334616 FIELD SUBSURFACE DRAINAGE Backfilled trenches are to be staked and "flagged" 3' above grade a maximum 20' spacing for identity. -END OF SECTION - ©2019 D. A. Hogan & Associates, Inc. ,, •ff Revised 07/16/19 Contract No. 4742 PAGE 6 OF 6 City of Carlsbad Stagecoach Community Park Synthetic Turf Replacement SECTION 334623 FIELD PERMEABLE AGGREGATE PART 1 -GENERAL 1.01 SCOPE OF WORK A. Include all labor, material, transportation and services to complete installation of the permeable aggregate base materials as shown on the drawings for the field in- cluding: 1. Final subgrade establishment 2. Structural soil-bearing fabric 3. Base Course Permeable Aggregate 4. Top Course Permeable Aggregate 5. Recycled Plastic Edge Anchor 1.02 STANDARD SPECIFICATIONS A. All sections of the standard specifications applicable to any and all parts of this project shall govern, except as specifically modified in these contract documents. 1. The Green Book Standard Specifications for Municipal Public Works Construction, California State Chapter (latest edition). 2. American Society for Testing and Materials (ASTM). 3. American Association of State Highway and Transportation Officials, (AASHTO). 1.03 RELATED WORK SPECIFIED IN OTHER SECTIONS A. Section 033000 Sitework Concrete B. Section 021000 Site Preparation C. Section 334616 Field Subsurface Drainage 1.04 SUBMITTALS A. Submit to the Engineer for approval: 1. Qualifications of base contractor. 2. Permeable structural fabric product data. 3. Concrete Anchors. 4. Base Course Permeable Aggregate sieve analysis. 5. Base Course Permeable Aggregate infiltration rate (for material compacted to a minimum density of not less than 98% of maximum dry density as determined by ASTM D698). 6. Top Course Permeable Aggregate sieve analysis. l'\ •+' Revised 07 /16/19 Contract No. 4742 PAGE 1 OF 8 City of Carlsbad Stagecoach Community Park Synthetic Turf Replacement SECTION 334623 FIELD PERMEABLE AGGREGATE 7. Top Course Permeable Aggregate infiltration rate (for material compacted to a minimum density of not less than 98% of maximum dry density as determined by ASTM 0698). 8. Equipment and procedures to be utilized for the permeable aggregate installation. 9. Recycled Plastic; Manufacturers Published Product Data. 1.05 QUALi FiCA TIONS A. The subcontractor responsible for field base establishment, field subsurface drainage, and field permeable aggregate placement and compaction shall be submitted to the Engineer for approval. Specific qualification requirements are included as follows: 1. Sub-contractor shall be and has been actively and directly engaged in constructing similar natural or synthetic field projects for a period of five (5) or more years and provide proof of five (5) or more full size (75,000 SF) sports field base installations completed in the past two (2) years. The Contractor's experience shall include completion of high school, college, or professional level competition fields. The playing field system shall include earthwork, washwater or irrigation systems, drainage and subsurface drainage systems and base aggregate placement and compaction. Provide a listing of all construction contracts (whether completed or in progress) entered into or performed by the subcontractor within the past five years for projects similar in scope, time and complexity to the work called for under this Contract; include the names of the contracts, and the names and contact information of the owners. PART 2 -MATERIALS 2.01 STRUCTURAL SOIL-BEARING FABRIC A. Fabric 1. Material: Fabric to be 100% Polypropylene, non-woven, needle-punched fabric with a minimum weight of 4.0 oz/sy. 2. Physical Properties: Tensile Strength, lbs., (ASTM 0-4632): 100 Elongation(%), (ASTM 04632): 50 Puncture Strength, (lbs), (ASTM 04833): 65 Mullen Burst Strength (PSI), (ASTM 03786): 225 Trapezoidal Tear, (lbs), (ASTM 04533): 45 Abrasion Res.% Str. Ret., (ASTM 04886): 80 Coefficient. of Perm., cm/sec., (ASTM 04491 ): 0.22 Flow Rate Gal./Min./Sq. Ft.) (ASTM 04491): 140 l' • ., Revised 07 /16/19 Contract No. 4742 PAGE 2 OF 8 City of Carlsbad Stagecoach Community Park Synthetic Turf Replacement SECTION 334623 FIELD PERMEABLE AGGREGATE 2.02 BASE COURSE PERMEABLE AGGREGATE A. The base course permeable aggregate shall be installed below the top course permeable aggregate as applicable. B. Aggregate to be open-graded, fractured, friction course. To ensure free drainage, material to be clean with minimal fines. The compacted base course permeable aggregate minimum infiltration rate shall be 40 inches per hour when the material is compacted to a minimum density of not less than 98% of maximum dry density as determined by ASTM D698. C. Base course material to be a minimum of 75% fractured with at least one fractured face by mechanical means on each individual particle larger than 1/4". A sand and gravel source may be acceptable for this material. Gradation: Aggregate to meet the following particle size limitations: Sieve Size 1-1 /4" 1" 3/4" 1/2" 3/8" No. 4 No. 8 No.30 No. 100 No. 200 (wet sieve) Percent Passing by Weight 100 90-100 80-100 50-80 40-60 15 -40 10-20 5 -15 0-3 0-2.0 2.03 TOP COURSE PERMEABLE AGGREGATE A. Aggregate to be open-graded, fractured, friction course. To ensure free drainage, material to be clean with minimal fines. The compacted top course permeable aggregate minimum infiltration rate shall be 20 inches per hour when the material is compacted to a minimum density of not less than 98% of maximum dry density as determined by ASTM D698. B. Top course material to be 100% fractured crushed rock material. A quarry source is required for this material. C. Gradation: Aggregate to meet the following particle size limitations: Sieve Size 3/4" 1/2" 3/8" No. 4 Percent Passing by Weight 100 90 -100 70-90 30-60 l' •f' Revised 07 /16/19 Contract No. 4742 PAGE 3 OF 8 No.a No.30 No. 100 No. 200 (Wet Sieve) No. 270 (Wet Sieve) 20-40 5 -15 2-5 0-3.0 0-1.5 City of Carlsbad Stagecoach Community Park Synthetic Turf Replacement SECTION 334623 FIELD PERMEABLE AGGREGATE 2.04 TESTING A. The Owner will be performing testing of materials delivered to the job site for the purpose of verifying compliance with the contract documents. The Owner's testing is for this purpose only and not for construction quality control by the Contractor. B. The Contractor shall coordinate directly with the Owner's testing firm relative to the delivery schedules of the imported materials. Sampling will be scheduled each day deliveries occur. C. The Contractor shall provide testing and surveillance as required to assure materials and work fully comply with contract requirements. D. The Contractor at a price equal to the Owner's contract testing agreement shall pay for owner's tests that do not meet specifications. The Contractor shall pay directly to the testing organization upon invoice to the owner, which has been approved by the Engineer. 2.05 RECYCLED PLASTIC EDGE ANCHOR A. Includes all materials required to provide a secure recycled plastic edge for establishment of Permeable Aggregate grade and anchoring of synthetic turf. B. A recycled plastic lumber nailer board shall be installed per the details to secure the turf. Product shall be manufactured from 100% recycled materials, consisting of HOPE Plastic Lumber. Material should be dimensional lumber in lengths no shorter than 6'. 1. Where attachment is scheduled to concrete curbing, provide minimum 2"x4" nominal dimensional lumber. C. Manufacturer's reference: Product is available from RESCO Plastics, Inc., Coos Bay, Oregon. (800) 266-5097. D. Concrete Anchoring: Concrete wedge anchor, zinc plated, 3/8" x5" length, partially threaded, with zinc plated washer and nut. E. Steel power-load driven or ram-set Concrete Anchor Nail, minimum shank diameter 5/32", minimum head/washer diameter 3/8", sufficient length to insure a minimum 2" embedment. Individual anchors shall develop a minimum 450 lb shear, 350 lb tension in 4,000 psi concrete at 2" embedment. l'\ • ., Revised 07 /16/19 Contract No. 4742 PAGE 4 OF 8 City of Carlsbad Stagecoach Community Park Synthetic Turf Replacement SECTION 334623 FIELD PERMEABLE AGGREGATE PART 3 -EXECUTION 3.01 SUBGRADE ESTABLISHMENT A. No work shall be performed in this section until subgrade is 100% completed and accepted by the Engineer. B. Finish subgrade shall be compacted to a minimum 95% maximum dry density. C. Subgrade shall be established to within the tolerance of +0.00' or -0.1 0' of the design subgrade elevation. 3.02 STRUCTURAL SOIL-BEARING FABRIC INSTALLATION A. No loose material is allowed on subgrade prior to placement of structural fabric. Loose material is to be removed prior to placement. B. Fabric to be laid on smooth, compacted, subgrade surface over the entire surface area, including below drainage lateral piping. C. Placement of structural-bearing fabric requires approval of subgrade conditions by Engineer. D. Structural fabric must be flat on stabilized subgrade for full width. E. Dimensions to be a minimum width of 12.5' and minimum continuous length of 150 If. F. When the length of the fabric is not continuous, the lateral seam shall have a minimum overlap of 24". G. Fabric shall not be folded or turned up along the edges. H. The fabric shall be field cut as necessary to meet specified tolerances of distance from drainage trenches. I. In no instance shall fabric cover drainage lateral piping. J. Stabilization: Immediately upon laying, the fabric is to be covered with base aggregate. No loaded trucks are to be permitted to move over fabric-covered surfaces until a minimum of 4" of aggregate has been placed, except if specifically approved by the Engineer. The Contractor must execute strict, direct -100% - control of all vehicle movement on site. l' • .., Revised 07 /16/19 Contract No. 4742 PAGE 5 OF 8 City of Carlsbad Stagecoach Community Park Synthetic Turf Replacement SECTION 334623 FIELD PERMEABLE AGGREGATE 3.03 EQUIPMENT MOVEMENT A. No trucks or equipment will be allowed to drive over the top of the drainage pipe or trenches except track-equipped machinery utilized in spreading base aggregate materials, or where a 12" depth base aggregate temporary roadway has been established. Backfilled trenches are to be staked and "flagged" 3' above grade at 20' minimum intervals for identity. B. In the event non-track traffic is observed or evidenced to cross piping or trenches, the Contractor shall, at their own expense, expose the drainpipe in the area directed for observation by the Engineer, repair any damage promptly and reinstall backfill per specifications. 3.04 AGGREGATE PLACEMENT A. Moisture Content: Aggregate to contain 3.5% to 4.0% moisture content to ensure that fines do not migrate and to facilitate proper compaction. Contractor must ensure that aggregate leaving the source plant meets this requirement and is required to apply water to aggregate on site to attain and maintain this minimum moisture content in stockpile and during all placement operations. B. Prior to aggregate placement, remove any foreign material or contamination from the surface of the structural fabric and drainage trench or lateral piping. C. Surface must be free of standing water and subgrade stabilized with structural fabric in place prior to placement. D. Materials to be placed in layers not exceeding 6" compacted in depth. Each layer must be spread uniformly with equipment that will not cause perceptible separation in gradation (segregation), preferably a self-propelled paving machine. E. Should there occur, during any stage of the spreading or stockpiling, a separation of the material particles, the Contractor must immediately remove and dispose of segregated material and correct or change handling procedures to prevent any further separation. F. A single lift of permeable aggregate material may be utilized in lieu of the two lifts specified, provided the overall depth is equivalent to the total of the two lifts specified, and that the most restrictive tolerances and permeability requirements are met. The permeability rate must be a minimum of 40" per hour throughout the entire aggregate column, and the finish grade tolerances are met. 3.05 AGGREGATE COMPACTION A. Each layer shall be compacted to a minimum density of not less than 92-95% of maximum dry density as determined by ASTM D698 and measured using a nuclear ,, •;;' Revised 07 /16/19 Contract No. 4742 PAGE 6 OF 8 method. City of Carlsbad Stagecoach Community Park Synthetic Turf Replacement SECTION 334623 FIELD PERMEABLE AGGREGATE B. Use Static Tandem Drum-type roller of not less than five tons weight. 3.06 AGGREGATE TOLERANCES A. The Contractor shall utilize a laser plane system for grade control. B. The surface of the base course permeable aggregate in areas to be covered with top course aggregate as applicable shall not deviate from designated compacted grade within the range of-0.50" and +0.00". C. The surface of the top course permeable aggregate shall not deviate from designated compacted grade with the range of-0.00" and +0.25". D. Upon completion of the fine grading, compaction, and Contractor confirmation of conformance with the tolerances, the Contractor shall notify the Engineer and schedule an inspection for approval. The Contractor shall have a laser plane system available to the Engineer for the inspections. The Contractor shall not be authorized to place synthetic turf over the permeable aggregate until it has been inspected and approved by the Engineer. E. Upon completion of elevation verification, the entire permeable aggregate surface shall be inspected for planarity. Planarity inspection shall be completed in conjunction, coordination with the synthetic turf vendor. The installation foreman for the synthetic turf shall be present at the time of the inspection. Inspection shall consist of stretching a stringline taut over the finished permeable aggregate surface at such interval as may be required to confirm surface planarity and acceptance for installation of synthetic turf surface. Any deviation greater than ¼" shall require remediation efforts as may be required to meet subgrade tolerance. 3.07 RECYCLED PLASTIC EDGE ANCHOR A. Prior to proceeding with Edge Anchor installation, confirm with the Engineer the final elevation for installation relative to adjacent surfaces. B. The Edge Anchor may be temporarily set with temporary hardware to establish the proper line and grade. This temporary hardware may remain after final installation. 1. Wedge Anchor a. The Plastic Edge Anchor may be temporarily set with power-loads to establish the proper line and grade. This temporary hardware may remain after final installation. b. Once the initial line and grade has been established, pre-drill the edge anchor and establish a void in the adjacent concrete surface that meets ,, •,;' Revised 07 /16/19 Contract No. 4742 PAGE 7 OF 8 City of Carlsbad Stagecoach Community Park Synthetic Turf Replacement SECTION 334623 FIELD PERMEABLE AGGREGATE the approved anchor supplier's requirements for proper securing of the anchor. c. Minimum requirements for anchor installation: i. Depth of Embedment: 3" or as recommended by the anchor supplier, whichever is greater. ii. Horizontal Spacing: no greater than 36" on center and 12" from end of any length of lumber. iii. Nut Torque: Per approved manufacturer's recommendation. Iv. Do not trim bolt ends. Bolts with trimmed or damaged ends will be rejected and must be removed. 2. Concrete Anchor Nail a. The Plastic Edge Anchor may be temporarily set with power-loads placed at the Contractors option to assist in establishing the proper line and grade. This temporary hardware may remain after final installation. b. Once the initial line and grade has been established, install the specified ram-set or power-load driven Concrete Anchoring Nails in manner consistent with the approved manufacturers printed instruction and the specified spacing. c. Minimum requirements for Concrete Anchor Nail installation: i. Depth of Embedment: 2" or as recommended by the anchor supplier, whichever is greater. ii. Horizontal Spacing: no greater than 21" on center and 6" from end of any length of lumber. iii. Stagger the spacing of each Anchor up and down within the middle one-half the face of the Recycled Edge Anchor. -END OF SECTION - ©2019 D. A. Hogan & Associates, Inc. -('\ •+;' Revised 07 /16/19 Contract No. 4742 PAGE 8 OF 8