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PAL General Engineering Inc; 2012-10-23; PWS13-03UTIL
, CITY OF CARLSBAD CONTRACT CHANGE ORDER TRANSMITTAL -C/0 # 2 Project: 50311, SANTA FE II RESERVOIR DRAINAGE AND CRIBWALL IMPROVEMENTS Reasons for changes: Department Head Construction Management & Inspection Finance Director City Manager/Mayor Construction Management & Inspection Item 1 : City staff directed the contractor to add (2) one foot tall concrete curbs along the drainage channel to the new storm drain structure. Item 2 : Delete bid item 11, Splash Wall, per staff recommendations. COST ACCOUNTING SUMMARY: Original contract amount $386,535.00 Total amount this C/0 -$3,278.38 Total amount of previous C/O's $2,154.43 Total C/O's to date -$1,123.95 New Contract Amount $385,411.05 Total C/O's as% of original contract -0.29% Contingency monies encumbered $40,000.00 Contingency increase I decrease $0.00 Contingency Subtotal $40,000.00 Total C/O's to date -$1,123.95 Contingency balance $41,123.95 Project #50311, SANTA FE II RESERVOIR DRAINAGE AND CRIBWALL IMPROVEMENTS Change Order No 2 CITY OF CARLSBAD CONTRACT CHANGE ORDER NO. 2 Project: 50311, SANTA FE II RESERVOIR DRAINAGE AND CRIBWALL IMPROVEMENTS CONTRACT NO. 50311 ACCOUNT NO. 50570009060/503119066 CONTRACTOR: PAL General Engineering, Inc. ADDRESS: 5374 Eastgate Mall San Diego, Ca. 92121 P.O. NO. P126377 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 : Form and pour new 12" modified B-3 curb per San Diego Regional Standard Drawing G-6. Increase to contract cost ................................................................ $4,971.62 Item 2 : Delete bid item 11, Splash Wall. Decrease to contract cost .............................................................. ($8,250.00) TOT AL DECREASE TO CONTRACT COST ................................................. ($3,278.38) Project: #50311, SANTA FE II RESERVOIR DRAINAGE AND CRIBWALL IMPROVEMENTS Change Order No. 2 TIME FOR COMPLETION OF ALL WORK UNDER THIS CONTRACT SHALL NOT BE INCREASED AS A RESULT OF THIS CHANGE ORDER. RECOMMENDED BY: APPROVED BY --~.:c=.;;?_ 7/16/2013 CONTRACTOR (DATE) CITY~~ (DATE) DEPARTMENT HEAD FIN~:;) (DATE) DISTRIBUTION: INSPECTION FILE (ORIGINAL), PURCHASING, CONTRACTOR, DEPUTY DIRECTOR DESIGN --. CITY OF CARLSBAD CONTRACT CHANGE ORDER TRANSMITTAL -C/0 # 1 Project: 50311, SANTA FE II RESEVOIR DRAINAGE AND CRIBWALL IMPROVEMENTS Date Routed: Reasons for changes: Department Head Construction Management & Inspection Finance Director ~ City Manager/Mayor :;,--Construction Management & Inspection Item 1: Excessive erosion occurred behind a portion of the lower crib wall after the design was completed and prior to the contract being executed. Several cells of the existing crib wall had to be excavated and reconstructed. In order to save costs, and at the direction of the geotechnical consultant, the contractor was directed to use filter fabric and %" rock to fill the voids in the severely eroded cells. COST ACCOUNTING SUMMARY: OriQinal contract amount $386,535.00 Total amount this C/0 $2,154.43 Total amount of previous C/O's $0.00 Total C/O's to date $2,154.43 New Contract Amount $388,689.43 Total C/O's as% of oriQinal contract 0.56% Contingency monies encumbered $40,000.00 Continaency increase I decrease $0.00 Contingency Subtotal $40,000.00 Total C/O's to date $2,154.43 Contingency balance $37,845.57 / / Prqject: #5()311, SANTA FE II RESEVOIR AND CRIBWALL IMPROVEMENTS c;.;ange-Order No. 1 CITY OF CARLSBAD CONTRACT CHANGE ORDER NO. 1 Project: 50311, SANTA FE II RESEVOIR DRAINAGE AND CRIBWALL IMPROVEMENTS CONTRACT NO. 50311 ACCOUNT NO. 50570009060/503119066 CONTRACTOR: Pal General Engineering Inc. ADDRESS: 5374 Eastgate Mall San Diego, Ca. 92121 P.O. NO. P126377 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 : Provide all labor, equipment and materials to dig out and install filter fabric and rock in approximately five cells of the lower cribwall. Increase to contract cost. ................................................................. $2,154.43 TOT AL INCREASE TO CONTRACT COST .................................................... $2, 154.43 / Project: #50311, SANTA FE II RESEVOIR AND CRIBWALL IMPROVEMENTS Change Order No. 1 TIME FOR COMPLETION OF ALL WORK UNDER THIS CONTRACT SHALL NOT BE INCREASED AS A RESULT OF THIS CHANGE ORDER. APPROVED BY (DATE) (DATE) rh/13 (DATE) DISTRIBUTION INSPECTION FILE (ORIGINAL), PURCHASING, CONTRACTOR, DEPUTY DIRECTOR DESIGN CARLSBAD MUNICIPAL WATER DISTRICT San Diego County Califomia CONTRACT DOCUMENTS, GENERAL PROVISIONS, SUPPLEMENTAL PROVISIONS, AND TECHNICAL SPECIFICATIONS FOR Santa Fe II Reservoir Drainage and Cribwall Improvements CONTRACT NO. 50311 BID NO. PWS13-03UTIL Revised 03/21/12 Contract No. 50311 Page 1 of 95 Pages TABLE OF CONTENTS f Item Page Notice Inviting Bids 5 Contractor's Proposal 9 Bid Security Form 16 Bidder's Bond to Accompany Proposal 17 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 Non-Collusion Affidavit to Be Executed by Bidder and Submitted with Bid 27 Contract Public Works 28 Labor and Materials Bond 34 Faithful PerformanceAA/arranty Bond 36 Optional Escrow Agreement for Surety Deposits in Lieu of Retention 38 M Revised 03/21/12 Contract No. 50311 Page 2 of 95 Pages GENERAL PROVISIONS i Section 1 Terms, Definitions Abbreviations and Symbols 1-1 Terms 41 1-2 Definitions.. 41 1-3 Abbreviations 45 1-4 Units of Measure 48 1- 5 Symbols 49 Section 2 Scope and Control of the Work 2- 1 Award and Execution of Contract 50 2-2 Assignment 50 2-3 Subcontracts 50 2-4 Contract Bonds 51 2-5 Plans and Specifications 52 2-6 Work to be Done 55 2-7 Subsurface Data 55 2-8 Right-of-Way 56 2-9 Surveying 56 2-10 Authority of Board and Engineer 58 2- 11 Inspection 58 Section 3 Changes in Work 3- 1 Changes Requested by the Contractor 58 3-2 Changes Initiated by the Agency 59 3-3 Extra Work 60 3-4 Changed Conditions 62 3- 5 Disputed Work 64 Section 4 Control of Materials 4- 1 Materials and Workmanship 66 4- 2 Materials Transportation, Handling and Storage 70 Section 5 Utilities 5- 1 Location 71 5-2 Protection 71 5-3 Removal 72 5-4 Relocation 72 5-5 Delays 73 5- 6 Cooperation 73 Section 6 Prosecution, Progress and Acceptance of the Work 6- 1 Construction Schedule and Commencement of Work 73 6-2 Prosecution of Work 77 6-3 Suspension of Work 77 6-4 Default by Contractor 78 6-5 Termination of Contract 78 6-6 Delays and Extensions of Time 79 6-7 Time of Completion 79 6-8 Completion, Acceptance, and Warranty 80 6-9 Liquidated Damages 81 6-10 Use of Improvement During Construction 81 P Revised 03/21/12 Contract No. 50311 Page 3 of 95 Pages Section 7 Responsibilities of the Contractor 7-1 Contractor's Equipment and Facilities 81 7-2 Labor 81 7-3 Liability Insurance 81 7-4 Workers' Compensation Insurance 82 7-5 Permits 82 7-6 The Contractor's Representative 82 7-7 Cooperation and Collateral Work 83 7-8 Project Site Maintenance 83 7-9 Protection and Restoration of Existing Improvements 85 7-10 Public Convenience and Safety 85 7-11 Patent Fees or Royalties 90 7-12 Advertising 90 7-13 Laws to be Observed 91 7-14 Antitrust Claims 91 Section 8 Facilities for Agency Personnel (NOT USED) Section 9 Measurement and Payment 9-1 Measurement of Quantities for Unit Price Work 91 9-2 Lump Sum Work 92 9-3 Payment 92 9-4 Bid items 95 TECHNICAL APPENDIXES DIVISION 01 - GENERAL REQUIREMENTS 01101 Supplemental Information 01200 Measurement and Payment 01330 Submittals 01360 Preconstruction Audio-Video Documentation 01450 Quality Control 01500 Construction Facilities and Temporary Controls DIVISION 02 - EXISTING CONDITIONS 02050 Demolition 02110 Clearing, Stripping and Grubbing 02150 Sheeting and Shoring 02200 Earthwork 02222 Protecting Existing Underground Utilities 02975 Hydroseeding DIVISION 09 - EXTERIOR IMPROVEMENTS 09900 Painting and Coating DIVISION 32 - EXTERIOR IMPROVEMENTS 32328 Crib Wall Reconstruction Revised 03/21/12 Contract No. 50311 Page 4 of 95 Pages CARLSBAD MUNICIPAL WATER DISTRICT, CALIFORNIA ^ NOTICE INVITING BIDS UNTIL 2:00 PM ON SEPTEMBER 5, 2012, the Carisbad Municipal Water District (District) shall accept sealed bids, clearly marked as such, at the Faraday Center, 1635 Faraday Avenue, Carisbad, CA 92008-7314, Attn: Purchasing Officer, bv mail, delivery service or bv 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: SANTA FE II RESERVOIR DRAINAGE AND CRIBWALL IMPROVEMENTS CONTRACT NO. 50311 BID NO. PWS13-03UTIL INSTRUCTIONS TO BIDDERS AND BID REQUIREMENTS This bid and the terms of the Contract Documents and General Provisions constitute an irrevocable offer that shall remain valid and in full force for a period of 90 days and such additional time as may be mutually agreed upon by the Carisbad Municipal Water District and the Bidder. No bid will be received unless it is made on a proposal form furnished by the Purchasing Department. Each bid must be accompanied by security in a form and amount required by law. The bidder's security of the second and third next lowest responsive bidders may be withheld until the Contract has been fully executed. The security submitted by all other unsuccessful bidders shall be returned to them, or deemed void, within ten (10) days after the Contract is awarded. Pursuant to the provisions of law (Public Contract Code section 10263), appropriate securities may be substituted for any obligation required by this notice or for any monies withheld by the District to ensure C 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 Carisbad Municipal Water District may disqualify a contractor or subcontractor from participating in bidding when a contractor or subcontractor has been debarred by the Carisbad Municipal Water District or another jurisdiction in the State of California as an irresponsible bidder. The work shall be performed in strict conformity with the plans, provisions, and specifications as approved by the Board of Directors of the Carisbad Municipal Water District on file with the Utilities Department. The specifications for the work include City of Carisbad Technical Specifications and the Standard Specifications for Public Works Construction, Parts 2 & 3, current edition at time of bid opening and the supplements thereto as published by the "Greenbook" Committee of Public Works Standards, Inc. all hereinafter designated "SSPWC", as amended. Specification Reference is hereby made to the plans and specifications for full particulars and description of the work. The General Provisions (Part 1) to the SSPWC do not apply. The Carisbad Municipal Water District encourages the participation of minority and women-owned businesses. The Carisbad Municipal Water District encourages all bidders, suppliers, manufacturers, fabricators and contractors to utilize recycled and recyclable materials when available, appropriate and approved by the Engineer. ¥ Revised 03/21/12 Contract No. 50311 Page 5 of 95 Pages BID DOCUMENTS The bid documents comprise the following documents which must be completed and properly executed including notarization, where indicated. 1. Contractor's Proposal 2. Bidder's Bond 3. Non-Collusion Affidavit 4. Designation of Subcontractor and Amount of Subcontractor's Bid 5. Bidder's Statement of Technical Ability and Experience 6. Acknowledgement of Addendum(a) 7. Certificate of Insurance. The riders covering the City, its officials, employees and volunteers may be omitted at the time of bid submittal but shall be provided by the Bidder prior to award of this contract. 8. Bidder's Statement Re Debarment 9. Bidder's Disclosure Of Discipline Record 10. Escrow Agreement for Security Deposits - (optional, must be completed if the Bidder wishes to use the Escrow Agreement for Security) ENGINEER'S ESTIMATE: All bids will be compared on the basis of the Engineer's Estimate. The estimated quantities are approximate and serve solely as a basis for the comparison of bids. The Engineer's Estimate is $500,000.00 TIME OF COMPLETION: The contractor shall complete the Work within the time set in the contract as defined in the General Provisions Section 6-7. SPECIALTY CONTRACTORS: ACCEPTABLE LICENSE TYPES Except as provided herein a bid submitted to the District 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 District. In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. Where federal funds are involved the contractor shall be properly licensed at the time the contract is awarded. In all other cases the contractor shall state their license number, expiration date and classification in the proposal, under penalty of perjury. This invitation to bid does not involve federal funds. The following classifications are acceptable for this contract: Class A: General Engineering. ESCROW AGREEMENT If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of the usual 10% retention from each payment, these documents must be completed and submitted with the signed contract. The escrow agreement may not be substituted at a later date. OBTAINING PLANS AND SPECIFICATIONS Sets of plans, various supplemental provisions, and Contract documents may be obtained at the Cashier's Counter of the Faraday Center located at 1635 Faraday Avenue, Carisbad, California 92008-7314, for a non-refundable fee of $30.00 per set. If plans and specifications are to be mailed, the cost for postage should be added. INTENT OF PLANS AND SPECIFICATIONS Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings, specifications or other contract documents, or finds discrepancies in or omissions from the drawings and specifications may submit to the Engineer a written request for clarification or correction. Any response will be made only by a written addendum duly issued by the Engineer a copy of which will ^¥ Revised 03/21/12 Contract No. 50311 Page 6 of 95 Pages be mailed or delivered to each person receiving a set of the contract documents. No oral response will be made to such inquiry. Prior to the award of the contract, no addition to, modification of or ^ interpretation of any provision in the contract documents will be given by any agent, employee or contractor of the Carlsbad Municipal Water District except as hereinbefore specified. No bidder may rely on directions given by any agent, employee or contractor of the Carlsbad Municipal Water District except as hereinbefore specified. REJECTION OF BIDS The Carisbad Municipal Water District reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. PREVAILING WAGE TO BE PAID The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to the sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a current copy of applicable wage rates is on file in the Office of the City Engineer. The Contractor to whom the Contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the Contract. The Prime Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the District'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. PRE BID MEETING A pre-bid meeting and tour of the project site will be held on Tuesday, August 28, 2012, at 10:00 AM, at the project site; Coast Avenue, South of White Sands Drive and North of Island Drive in the City of San Marcos, California.. Access is along a % mile dirt access road north of Coast Avenue. If you do not have a vehicle capable of traveling along this graded dirt access road you are encouraged to park along Coast Avenue and either carpool or walk to the project site. 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. ADDENDUMS Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid. BOND AND INSURANCE REQUIREMENTS The Contractor shall provide bonds to secure faithful performance and warranty of the work in an amount equal to one hundred percent (100%) of the Contract price on this project. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to one hundred percent (100%) of the total amount payable by the terms of the contract. These bonds shall be kept in full force and effect during the course of this project, and shall extend in full force and effect and be retained by the District until they are released as stated in the General Provisions Revised 03/21/12 Contract No. 50311 Page 7 of 95 Pages section of this contract. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to be accompanied by the following documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the District may require copies of the insurer's most recent annual statement and quarteriy statement filed with the Department of Insurance pursuant to Article 10 (commencing with section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar days of the insurer's receipt of a request to submit the statements. Insurance is to be placed with insurers that: 1) Have a rating in the most recent Best's Key Rating Guide of at least A-:Vll 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 alt 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 District 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 District 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 District 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 Carisbad Business License for the duration of the contract. Approved by the Board of Directors of the Carisbad Municipal Water District, California, by Resolution No. 1445, adopted on the 24th day of July, 2012. July 26, 2012 Date deputy City Clerk Publish Date: 7/31/12 Revised 03/21/12 Contract No. 50311 Page 8 of 95 Pages CARLSBAD MUNICIPAL WATER DISTRICT SANTA FE II RESERVOIR DRAINAGE AND CRIBWALL IMPROVEMENTS CONTRACT NO. 50311 CONTRACTOR'S PRQEQSAL I OFfe^rWTrMESSED AND RECORDED: Board of Directors Carlsbad Municipal Water District I ^ A 1200 Carlsbad Village Drive \ J-'S'dOQ. 0/:7JUA^ Carlsbad, Califomia 92008 DATE SIGNATURE I The undersigned declares he/she has carefully exarnined the location of the woric, 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 sen/ices required to do all the work to complete Contract No. 50311 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: Approximate Item Quantity Unit Price Total Amount No. Description And Unit (Figures) (Figures) 1 Traffic Control and Street LS $ 6,400 $ 6,400 Sweeping at six thousand four hundred (Price In Words) Constmction Staking at LS $ 6,200 $ ^' 200 six thousand two hnrxirpd (Price in Words) On-Site Demolition at LS $12,550 $ 12,550 twelve thousand five hundred and fifty (Price in Words) Potholing at SEA $ 950 $ 7,600 Nine hundred and fifty (Unit Price in Words) SWPPP, Erosion Control, & LS ^3,250 $ 3,250 BMP'sat Three thousand two hundred and fifty (Price in Words) Revised 03/21/12 Contract No. 50311 Page 9 of 95 Pages Item No. Description 6 Cleaning, Patching and Painting Tank Wall at eleven dollars Approximate Quantity And Unit Unit Price (Figures) 1800 SF $ 11-00 Total Amount (Figures) $ 19,800 (Unit Price In Words) 7 Lower Cribwall Reconstruction at Sixty two dollars (Unit Price in Words) 8 Lower Cribwall Excavation, Backfill and Recompaction at forty five dollars (Unit Price in Words) 9 Geotextile Fabric at fourteen dollars (Unit Price in Words) 10 Haul Away Excess Fill at twenty five dollars 11 (Price In Words) 760 SF $62.00 LS Splash Wall at eight thousand two hundred fifty (Price In Words) 12 Concrete Apron at four thousand two hundred (Price in Words) 13 Misc Concrete Pavement Adjacent to Splash Wall at four thousand LS 900 CY $ 45.00 830 SY $14.00 2100 CY $ 25.00 $4,200 LS $ 4,OOP $ 46,500 $ 40,500 $ 11,620 $ 52,500 $ 8,250 4,200 $ 4,000 (Price in Words) Revised 03/21/12 Contract No. 50311 Page 10 of 95 Pages Item No. Description 14 15 16 17 18 19 20 Approximate Quantity And Unit Minor Drainage Channel (Section C) Station 10+22.48 to 10+36.19 at one hundred seventy five (Unit Price in Words) Minor Drainage Channel Transition from (Section C to Section D) station 10+36.19 to 10+44.72 at two hundred fifty (Unit Price in Words) Minor Drainage Channel Station (Section D) 10+44.72 to 10+61.81 at one hundred fifty (Unit Price in Words) 4' Wide Concrete Swale around Tank at thirty five (Unit Price in Words) 5.5" Thick Concrete Paving Above Reconstructed Lower Crib Wall at five hundred fifty (Unit Price in Words) 14 LF 9LF 17 LF 330 LF 90 CY LS Modification of San Diego Regional Standard Drawing Type B Cleanout to Type F inlet at four thousand five hundred fifty (Price in Words) SDRSD Type B-3 Curb at thirty nine thousand (Unit Price in Words) 336 LF Unit Price (Figures) $ 175 $ 250 $ 150 $ 35.00 $ 550 4, 550 $39.00 Total Amount (Figures) $ 2,450 $ 2,250 $ 2,550 $ 11,550 $49,500 4, 550 $ 13,065 Revised 03/21/12 Contract No. 50311 Page 11 of 95 Pages Approximate Item Quantity Unit Price Total Amount No. Description And Unit (Figures) (Figures) 21 Constmct the Galvanized 6' 850 LF $ 66.00 $ 56,100 High 3/8" Minimesh Chain Link Fence w/3 Strand Barbed Wire including Footings and Gates at sixty six (Unit Price in Words) 22 Protection of Existing Utilities LS $ 6,500 $ 6,500 at six thoii.qanf^ fivp hnndrp^d (Price in Words) 23 Mobilization and LS $ 14,650 $ 14,650 Demobilization at fourteen thousand six hundred fifty (Not to exceed 5% of total bid price) Total amount of bid in words: three hundred eighty six i-hnnaanri Hr.iia-rg— five hundred and thirty five dollars and zero cents Total amount of bid in numbers: $ 386, 535.00 Price(s) given above are firm for 90 days after date of bid opening. Addendum(a) No(s). 5 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 District will not be responsible for any enor or omission on the pari 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 Board of Directors of the Carisbad Municipal Water District, the District 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 Califomia, validly licensed under license number 916931 , Classification A which expires on April 30.201^ , and that this statement is true and correct and has the legal effect of an affidavit. A bid submitted to the District 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 District § 7028.15(e). In all contracts where federal funds are involved, no bid submitted shall be Revised 03/21/12 Contract No. 50311 Page 12 of 95 Pages Check a License - License Detail - Contractors State License Board Page 1 of2 DEPARTMENT OF CONSUMER AFFAiUS Contractors State License Board Contractor's License Detail - License # 916931 /i\ DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations. CSLB complaint disclosure is restricted by law (B&P 7124.6) If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and/or legal action information. Per B&P 7071.17 , only construction related civil judgments reported to the CSLB are disclosed. Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. Due to workload, there may be relevant information that has not yet been entered onto the Board's license database. License Number Business Information Entity Issue Date Reissue Date Expire Date Extract Date 9/5/2012 License Status Classifications Bonding 916931 PAL GENERAL ENGINEERING INC Business Phone Number: (858) 638-7100 5374 EASTGATE MALL SAN DIEGO, OA 92121 Corporation 06/05/2008 04/24/2009 04/30/2013 ACTIVE This license is current and active. All information below should be reviewed. CLASS A DESCRIPTION GENERAL ENGINEERING CONTRACTOR CONTRACTOR'S BOND This license filed a Contractor's Bond with AMERICAN CONTRACTORS INDEMNITY COMPANY. Bond Number: 100062460 Bond Amount: $12,500 Effective Date: 04/24/2009 Contractor's Bond History BOND OF QUALIFYING INDIVIDUAL 1. The Responsible Managing Officer (RMO) JAHSHAN ABDELRAHMAN MAHMOUD certified that he/she owns 10 percent or more of the voting stock/equity of the corporation. A bond of qualifying individual is not required. Effective Date: 04/24/2009 Workers' Compensation WORKERS' COMPENSATION https://www2.cslb.ca.gov/OnlineServices/CheclcLicenseII/LicenseDetail.aspx?LicNum-916... 9/5/2012 Clieck a License - License Detail - Contractors State License Board Page 2 of 2 This license has workers compensation insurance with COMPANION PROPERTY AND CASUALTY INSURANCE COMPANY Policy Number: NWC000745100 Effective Date: 01/07/2012 Expire Date: 01/07/2013 Workers' Compensation History Miscellaneous Information DATE 04/24/2009 DESCRIPTION LICENSE REISSUED TO ANOTHER ENTITY Personnel List Conditions of Use I Privacv Policy Copyright © 2010 State of California https://www2.cslb.ca.gov/OnlineServices/CheckLicenseII/LicenseDetail.aspx?LicNum=916... 9/5/2012 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 Board 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 Board of Directors, its officers, agents, or employees has inducted him/her to enter into this Contract, excepting only those contained In this fomi of Contract and the papers made a part hereof by its tenns; 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 Bid Bond (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-insurance in accordance with the provisions of that code, and agrees to comply with such provisions before commencing the performance of the work of this Contract and continue to comply until the contract is complete. IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: (1) Name under which business is conducted (2) Signature (given and surname) of proprietor (3) Place of Business City and State (Street and Number) (4) Zip Code Telephone No. (5) E-Mail Revised 03/21/12 Contract No. 50311 Page 13 of 05 Pages IF A PARTNERSHIP. SIGN HERE: (1) Name under which business is conducted. (2) Signature (given and sumame 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 IF A CORPORATION. SIGN HERE: (1) Name under which business is conducted PAL General Engineering, Inc A (2) (Signature) President (Title) Impress Corporate Seal here (3) Incorporated under the laws of the State of California (4) Place of Business 5374 Eastgate Mall (Street and Number) City and State San Diego, CA (5) Zip Code 92121 Telephone No. 858-638-7100 (6) E-Mail inf o@pal sd. com Revised 03/21 /12 Contract No. 50311 Page 14 of 95 Pages 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: Maria Jahshan, President Abd Jahshan. Vice President Revised 03/21/12 Contract No. 50311 Page 15 of 95 Pages ACKNOWLEDGMENT state of California County of San Diego On before me, il (insert name ancl title of the officer)/ personally appeared who proved to me on the basis of satisfactory e\/(clence to be the personljfl) whose name|^)^are subsj^ribed to the within instrument and acknowledged to me that he/^/they executed the same in his/©-/their authorized capacity(S^, and that by his^@r/their signature(^ on the instrument the person(y, or the entity upon behaff 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 (Seal) YASMIN ALQURAINI Commission No. 1922207 NOTARY PUBLIC-CALIFORNIA SAN DIEGO COUNTY MyComm Expires JANUARY 16.201S ^ BID SECURITY FORM (Check to Accompany Bid) SANTA FE II RESERVOIR DRAINAGE AND CRIBWALL IMPROVEMENTS CONTRACT NO. 50311 (NOTE: The following form shall be used if check accompanies bid.) Accompanying this proposal Is a *Certlfied ^Cashiers check payable to the order of CARLSBAD MUNICIPAL WATER DISTRICT, 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 District, provided this proposal shall be accepted by the District through action of its legally constituted contracting authorities and the undersigned shall fail to execute a contract and furnish the required Perfomiance, Wan-anty and Payment Bonds and proof of Insurance coverage within the stipulated time; othenvise, the check shall be returned to the undersigned. The proceeds of this check shall also become the property of the District if the undersigned shall withdraw his or her bid within the period of fifteen (15) days after the date set for the opening thereof, unless otherwise required by law, and notwithstanding the award of the contract to another bidder. BIDDER Delete the inapplicable word. (NOTE: if the Bidder desires to use a bond instead of check, the Bid Bond fbmn on the following pages shall be executed-the sum of this bond shall be not less than ten percent (10%) of the total amount of the bid.) Revised 03/21 /12 Contract No. 50311 Page 16 of 95 Pages BIDDER'S BOND TO ACCOMPANY PROPOSAL SANTA FE II RESERVOIR DRAINAGE AND CRIBWALL IMPROVEMENTS CONTRACT NO. 50311 as Principal and The Hanover Insurance Company KNOW ALL PERSONS BY THESE PRESENTS: That we PAL General Engineering, Inc. as Surety are held and firmly bound unto the Carlsbad Municipal Water District, California, in an amount as follows: (must be at least ten percent (10%) of the bid amount) Ten Percent of Bid Amount (10%) 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: SANTA FE II RESERVOIR DRAINAGE AND CRIBWALL IMPROVEMENTS CONTRACT NO. 50311 in the City of Carlsbad, is accepted by the Board of Directors, 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 Board of Directors of the Carlsbad Municipal Water District of the City of Carlsbad, being duly notified of said award, then this obligation shall become null and void; othenwise, it shall be and remain in full force and effect, and the amount specified herein shall be forfeited to the said District. In the event Principal executed this bond as an individual, it is agreed that the death of Principal shall o Revised 03/21/12 Contract No. 50311 Page 17 of 95 Pages not exonerate the Surety from its obligations under this bond. Executed by PRINCIPAL this 31st day of. August .. 2012 PRINCIPAL: PAL General Engineering, Inc. (name of P/iijlbipal)/^ A (sign here) (sigh here) Maria Jahshan (print name here) President (sign here) (print name here) (print nam6 here) Executed by SURETY this of August 31st day .2012 (Title and Organization of Signatory) SURETY: The Hanover Insurance Company (name of Surety) 2 MacArthur PI., 2nd Floor, Santa Ana CA 92707 (address of Surety) (714)415-3808 (telephone numberiof Sure^ (signature ofAttomey-in-Fact)/ (title and organization of signatory) Matthew C. Gaynor (printed name of Attorney-in-Fact) (Attach corporate resolution showing cun-ent power of attomey.) (Proper notarial acknowledgment of execution by PRINCIPAL and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL General Counsel Deputy General Counsel ^ Revised 03/21/12 Contract No. 60311 Page 18 of 95 Pages THE HANOVER INSURANCE COMPANY IVIASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA POWERS OF A TTORNEY CERTIFIED COPY KNOW ALL MEN BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Michigan, do hereby constitute and appoint Matthew C. Gaynor, Kim D. Vasquez and/or Daniel Frazee of Santee, CA and each is a true and lawful Attorney(s)-in-fact to sign, execute, seal, acl<nowledge and deliver for, and on its behalf, and as its act and deed any place within the United States, or, if the following line be filled in, only within the area therein designated any and all bonds, recognizances, undertakings, contracts of indemnity or other writings obligatory in the nature thereof, as follows: Any such obligations in the United States, not to exceed Ten Million and No/100 ($10,000,000) in any single instance and said companies hereby ratify and confirm all and whatsoever said Attorney(s)-in-fact may lawfully do in the premises by virtue of these presents. These appointments are made under and by authority of the following Resolution passed by the Board of Directors of said Companies which resolutions are still in effect: "RESOLVED, That the President or any Vice President, in conjunction with any Vice President, be and they are hereby authorized and empowered to appoint Attorneys-in-fact of the Company, in its name and as its acts, to execute and acknowledge for and on its behalf as Surety any and all bonds, recognizances, contracts of indemnity, waivers of citation and all other writings obligatory in the nature thereof, with power to attach thereto the seal of the Company. Any such writings so executed by such Attorneys-in-fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons." (Adopted October 7,1981 - The Hanover Insurance Company; Adopted April 14,1982 - Massachusetts Bay Insurance Company; Adopted September 7, 2001 - Citizens Insurance Company of America) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by two Vice Presidents, this 21 St day of April 2011 j^j^ HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS IN#etANCE^9MPANY0F AMERICA THE COMMONWEALTH OF MASSACHUSETTS ) COUNTY OF WORCESTER ) ss. On this 21st day of April 2011, before me came the above named Vice Presidents of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, to me personally known to be the individuals and officers described herein, and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively, and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations. Barbara A. Garlick, Notary Public My Commission Expires November 3, 2011 I, the undersigned Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, hereby certity that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Companies, and do hereby further certify that the said Powers of Attorney are still in force and effect. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America. "RESOLVED, That any and all Powers of Attorney and Certified Copies of such Powers of Attomey and certification in respect thereto, granted and executed by the President or any Vice President in conjunction with any Vice President of the Company, shall be binding on the Company to the same extent as if all signatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile." (Adopted October 7,1981 - The Hanover Insurance Company; Adopted April 14,1982 - Massachusetts Bay Insurance Company; Adopted September 7,2001 - Citizens Insurance Company of America) GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this 31st day of August, 2012 THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OP AMERICA pterin Margosian, Vic» President ACKNOWLEDGMENT State of California County of San Diego On August 31, 2012 before me, Kathy Scheuernnan, Notary Public (insert name and title of the officer) personally appeared Matthew C. Gaynor who proved to me on the basis of satisfactory evidence to be the person(20 whose name(8) is/af=e subscribed to the within instrument and acknowledged to me that he/Stie/lliuy executed the same in his/her/their authorized capacity(i^, and that by his/bejVtheir signature(;^ on the instrument the person(8)', or the entity upon behalf of which the person(s) 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 (Seal) KATHY SCHEUERMAN \ Convniiwion No.1884440 Q NOTAim>UBLIC -CAE<fORNIA C SAN DIEGO C0(JNTY > ''Commission Expires March 26,20141 ^^^^ ACKNOWLEDGMENT State of California County of San Diego On before me, [7 (insert name and title of the officer) >factorv evidence to be the per personally appeared who proved to me on the basis of satisfactory evidenc^^to be the person^) whose nameO^)(i|/are subscribed to the within instrument and acknowledged to me that he/@/ihey executed tne same in his)@/their authorized capacity(iJi^, and that by his/jjej/their signature(V^ on the Instrument the person(^||j; or the entity upon behalf of which the person(i^ 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 o Signature 4 YASMIN ALQURAINI Commission No. 1922207 N©TAHY PUBUC-CALIFORNIA SAN Qir GO COUNTY ».1y GQmm e^P*** JANUARY 16. 2015 (Seal) 1 J ACKNOWLEDGMENT State of California County of San Diego On before me. Ml (insert name and title of the ofncer) )ry^vi (insert personally appeared who proved to me on the basis of satisfactory'^vidence to be the person(^ whose namely S/are subscribed to the within instrument and acknowledged to me that ^S'she/they executed the same in J^her/their authorized capacity(i4s), and that by (fi^/her/their signature(itj on the instrument the person(^, or the entity upon behaff of which the person];;ji) 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 (Seal) YASMIN ALQURAINI Commission No. 1922207 NOTARY PUBLIC-CALIFORNIA SAN DIEGO COUNTY My Comm Expires JANUARY 16,2015 Company Profile Page 1 of 2 Company Profile HANOVER INSURANCE COMPANY (THE) 440 LINCOLN STREET WORCHESTER, MA 01653 800-955-8850 Agent for Service of Process NANCY FLORES, C/O CT CORPORATION SYSTEM 818 WEST SEVENTH STREET LOS ANGELES, CA 90017 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: 22292 NAIC Group #: 0088 Califomia Company ID #: 2097-4 Date authorized in Califomia: January 01, 1973 License Status: UNLIMITED-NORMAL Company Type: Property & Casualty State of Domicile: NEW HAMPSHIRE Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AIRCRAFT AUTOMOBILE BOILER AND MACHESfERY BURGLARY COMMON CARRIER LIABILITY CREDIT DISABILITY FIRE LIABILITY MARINE MISCELLANEOUS PLATE GLASS http ://interactive .web. insurance. ca.gov/webuser/idb_co_prof_utl. get_co_prof?p_EID=5 835 9/10/2012 Company Profile Page 2 of 2 SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION Company Complaint Information Company Enforcement Action Documents Company Performance & Comparison Data Composite Complaint Studies Want More? Help Me Find a Company Representative in My Area Last Revised - June 05, 2012 12:07 PM Copyright © Califomia Department of Insurance http: //interactive. web. insurance. ca. go v/webuser/idb_co_prof_utl. get_co_prof?p_EID=5835 9/10/2012 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 con-ect infonnation may result in rejection of the bid as non-responsive. Any bid that proposes performance of more than 50 percent of the work by subcontractors or othenA/ise to be prefomried by forces other than the Bidder's own organization will be rejected as non-responsive. Specialty items of wori< that may be so designated by the Engineer on the "Contractor's Proposal" are not included in computing the percentage of wori^ 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 Califomia whom the Bidder proposes to specially fabricate and Install any portion of the wori^ or improvement according to detailed drawings contained In the plans and specifications In excess of one-half of one percent (0.5%) of the Bidder's total bid or, In the case of bids or offers for the construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000) whichever is greater. Said name(s) and location(s) of business of subcontractor(s) shall be set forth and included as an integral part of the bid offer. The Designation of Subcontractors forni must be submitted as a part of the Bidder's sealed bid. Failure to provide complete and correct infomnation may resuK in reiection of the bid as non- responsive. Suppliers of materials from sources outside the limits of work are not subcontractors. The value of materials and transport of materials from sources outside the limits of wori^, as shown on the plans, shall be assigned to the Contractor or the Subcontractor as the case may be, that the Bidder proposes as installer of said materials. The value of material incorporated in any Subcontractor- installed bid item that is supplied by the Bidder shall be included as a part of the woric that the Bidder proposes to be performed by the Subcontractor installing said item. When a Subcontractor has a Carisbad 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 cleariy apprise the District 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 detemriined by the City Council in confonnance with the provisions of the contract documents and the various supplemental provisions. The decision of the Board of Directors shall be final. Revised 03/21/12 Contract No. 50311 Page 19 of 95 Pages Contractor is prohibited from performing any work on this project with a subcontractor who is ineligible to perform work on a public worics project pursuant to Labor Code Sections 1771.1 or 1777.7. Bidders shall make any additional copies of the disclosure fomns as may be necessary to provide the required information. The page number and total number of additional fomi pages shall be entered In the location provided on each type of fomn so duplicated. Revised 03/21/12 Contract No. 50311 Page 20 of 95 Pages DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS (To Accompany Proposal) SANTA FE II RESERVOIR DRAINAGE AND CRIBWALL IMPROVEMENTS CONTRACT NO. 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 \Nork 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 Wori< 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 constmction of streets and highways, including bridges, In excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000), whichever is greater, and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. SUBCONTRACTOR'S BID ITEi MS i$ubcontract0% 4tlld^8lfi(^tioi1^J «nVdlla*i%n' Item 21 ^ence Corp. bb6b44 $47,430.00 Ill Main Street B, C13 Riverside, CA 92501 Surveryinq Stuart Engineering $4,000.00 Tt^m 2 7525 Metropolitan Drive : ^308 San p-i eao^ ipA Q^l OR Item 6 Socal pacific constructi( Dn 443117 $15,990.00 TMC,4-. U^I-flL A, C-33 - Page of pages of this Subcontractor Designation fomi Pureuant to section 4104 (a)(2)(A) Califomia Public Confarad 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 tJotice Inviting Bids." Revised 03/21/12 Contract No. 50311 Page 21 of 95 Pages BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) SANTA FE II RESERVOIR DRAINAGE AND CRIBWALL IMPROVEMENTS CONTRACT NO. 50311 The Bidder is required to state what woric 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 District to judge his/her responsibility, experience and skill. An attachment can be used. ' 'CtDtHPietecl'*' Revised 03/21/12 Contract No. 50311 Page 22 of 95 Pages PAL General Engineering Inc. www.palsd.com List of projects performed by PAL General Engineering Inc. Since Jan.2009 1 Projects Project Information Work Descriptions 1 Pavement Maintenace at the Port of San Diego Worl< includes asphalt pavement oracle seal, slurry seal, mill and other pave operations. 3' inch thicl< AC Paving as well as polymer cement Slurry 1 Owner: San Diego Unfied Port District Worl< includes asphalt pavement oracle seal, slurry seal, mill and other pave operations. 3' inch thicl< AC Paving as well as polymer cement Slurry 1 General Contractor: PAL General Engineering, Inc. Worl< includes asphalt pavement oracle seal, slurry seal, mill and other pave operations. 3' inch thicl< AC Paving as well as polymer cement Slurry 1 Contract Value: $ 1,067,286.69 Worl< includes asphalt pavement oracle seal, slurry seal, mill and other pave operations. 3' inch thicl< AC Paving as well as polymer cement Slurry 1 Start Date: 7/1/2012 Worl< includes asphalt pavement oracle seal, slurry seal, mill and other pave operations. 3' inch thicl< AC Paving as well as polymer cement Slurry 1 Completed: 8/5/2012 Worl< includes asphalt pavement oracle seal, slurry seal, mill and other pave operations. 3' inch thicl< AC Paving as well as polymer cement Slurry Contract Duration: 100 Worl< includes asphalt pavement oracle seal, slurry seal, mill and other pave operations. 3' inch thicl< AC Paving as well as polymer cement Slurry Project Manager: William Melton Worl< includes asphalt pavement oracle seal, slurry seal, mill and other pave operations. 3' inch thicl< AC Paving as well as polymer cement Slurry Worl< includes asphalt pavement oracle seal, slurry seal, mill and other pave operations. 3' inch thicl< AC Paving as well as polymer cement Slurry 2 DHL Relocation 2 Owner: San Diego County Regional Airport Full Section pavement replacement with 2 General Contractor: PAL General Engineering Inc Full Section pavement replacement with 2 Contract Value: $ 409,000.00 Full Section pavement replacement with 2 Start Date: 4/3/2012 Full Section pavement replacement with 2 Completed: 4/29/2012 Full Section pavement replacement with 2 Contract Duration: 30 Full Section pavement replacement with 2 Project Manager: Omniah Salem Full Section pavement replacement with 2 Full Section pavement replacement with 3 Street Improvement RDA Phase 3B Adjust Existing IVIanholes to Grade, Remove Existing Curb and Gutter, and AC Street Section. Install Asphalt Concrete Paving 6" AC and 9" 3 Owner: City of Imperial Beach Adjust Existing IVIanholes to Grade, Remove Existing Curb and Gutter, and AC Street Section. Install Asphalt Concrete Paving 6" AC and 9" 3 General Contractor: PAL General Engineering Inc Adjust Existing IVIanholes to Grade, Remove Existing Curb and Gutter, and AC Street Section. Install Asphalt Concrete Paving 6" AC and 9" 3 Contract Value: $ 1.550,758.00 Adjust Existing IVIanholes to Grade, Remove Existing Curb and Gutter, and AC Street Section. Install Asphalt Concrete Paving 6" AC and 9" 3 Start Date: 12/8/2011 Adjust Existing IVIanholes to Grade, Remove Existing Curb and Gutter, and AC Street Section. Install Asphalt Concrete Paving 6" AC and 9" 3 Completed: 8/6/2012 Adjust Existing IVIanholes to Grade, Remove Existing Curb and Gutter, and AC Street Section. Install Asphalt Concrete Paving 6" AC and 9" 3 Contract Duration: 180 Worthing Days Adjust Existing IVIanholes to Grade, Remove Existing Curb and Gutter, and AC Street Section. Install Asphalt Concrete Paving 6" AC and 9" 3 Project Manager: Larry Martin Adjust Existing IVIanholes to Grade, Remove Existing Curb and Gutter, and AC Street Section. Install Asphalt Concrete Paving 6" AC and 9" 3 Adjust Existing IVIanholes to Grade, Remove Existing Curb and Gutter, and AC Street Section. Install Asphalt Concrete Paving 6" AC and 9" 4 City Hall Parking Lot ADA Improvement Worl< Includes 6" Curb, Construct AC Pavement, ADA Compliant Galvanized Grate 4 Owner: City of Encinitas Worl< Includes 6" Curb, Construct AC Pavement, ADA Compliant Galvanized Grate 4 General Contractor: PAL General Engineering, Inc. Worl< Includes 6" Curb, Construct AC Pavement, ADA Compliant Galvanized Grate 4 Contract Value: $ 178,510.11 Worl< Includes 6" Curb, Construct AC Pavement, ADA Compliant Galvanized Grate 4 Start Date: 1/13/2012 Worl< Includes 6" Curb, Construct AC Pavement, ADA Compliant Galvanized Grate 4 Completed: 5/15/2012 Worl< Includes 6" Curb, Construct AC Pavement, ADA Compliant Galvanized Grate 4 Contract Duration: Worl< Includes 6" Curb, Construct AC Pavement, ADA Compliant Galvanized Grate 4 Project Manager: Kipp Hefner Worl< Includes 6" Curb, Construct AC Pavement, ADA Compliant Galvanized Grate 4 Worl< Includes 6" Curb, Construct AC Pavement, ADA Compliant Galvanized Grate Miramar College Services Center VJork Includes Colored Concrete Paving, Unit Pavers, Curb and Gutter, and AC Pavement. Also, Heavy Duty Concrete paving (East & West) Work Includes, Romaine Existing and Construct 6" and Variable Height Concrete Curb and Gutter (SDRSD G-2 Type G). Remove and Construct 6- inch AC Bern (SDRSD G-5 Type A) Owner: San Diego Unified School District VJork Includes Colored Concrete Paving, Unit Pavers, Curb and Gutter, and AC Pavement. Also, Heavy Duty Concrete paving (East & West) Work Includes, Romaine Existing and Construct 6" and Variable Height Concrete Curb and Gutter (SDRSD G-2 Type G). Remove and Construct 6- inch AC Bern (SDRSD G-5 Type A) General Contractor: PAL General Engineering, Inc. VJork Includes Colored Concrete Paving, Unit Pavers, Curb and Gutter, and AC Pavement. Also, Heavy Duty Concrete paving (East & West) Work Includes, Romaine Existing and Construct 6" and Variable Height Concrete Curb and Gutter (SDRSD G-2 Type G). Remove and Construct 6- inch AC Bern (SDRSD G-5 Type A) Contract Value: $ 195,125.00 VJork Includes Colored Concrete Paving, Unit Pavers, Curb and Gutter, and AC Pavement. Also, Heavy Duty Concrete paving (East & West) Work Includes, Romaine Existing and Construct 6" and Variable Height Concrete Curb and Gutter (SDRSD G-2 Type G). Remove and Construct 6- inch AC Bern (SDRSD G-5 Type A) Start Date: 10/28/2012 VJork Includes Colored Concrete Paving, Unit Pavers, Curb and Gutter, and AC Pavement. Also, Heavy Duty Concrete paving (East & West) Work Includes, Romaine Existing and Construct 6" and Variable Height Concrete Curb and Gutter (SDRSD G-2 Type G). Remove and Construct 6- inch AC Bern (SDRSD G-5 Type A) Completed: 7/30/2012 VJork Includes Colored Concrete Paving, Unit Pavers, Curb and Gutter, and AC Pavement. Also, Heavy Duty Concrete paving (East & West) Work Includes, Romaine Existing and Construct 6" and Variable Height Concrete Curb and Gutter (SDRSD G-2 Type G). Remove and Construct 6- inch AC Bern (SDRSD G-5 Type A) Contract Duration: VJork Includes Colored Concrete Paving, Unit Pavers, Curb and Gutter, and AC Pavement. Also, Heavy Duty Concrete paving (East & West) Work Includes, Romaine Existing and Construct 6" and Variable Height Concrete Curb and Gutter (SDRSD G-2 Type G). Remove and Construct 6- inch AC Bern (SDRSD G-5 Type A) Project Manager: Cindy Lasley VJork Includes Colored Concrete Paving, Unit Pavers, Curb and Gutter, and AC Pavement. Also, Heavy Duty Concrete paving (East & West) Work Includes, Romaine Existing and Construct 6" and Variable Height Concrete Curb and Gutter (SDRSD G-2 Type G). Remove and Construct 6- inch AC Bern (SDRSD G-5 Type A) VJork Includes Colored Concrete Paving, Unit Pavers, Curb and Gutter, and AC Pavement. Also, Heavy Duty Concrete paving (East & West) Work Includes, Romaine Existing and Construct 6" and Variable Height Concrete Curb and Gutter (SDRSD G-2 Type G). Remove and Construct 6- inch AC Bern (SDRSD G-5 Type A) 2011-2012 Streets and Drainage Improvements VJork Includes Colored Concrete Paving, Unit Pavers, Curb and Gutter, and AC Pavement. Also, Heavy Duty Concrete paving (East & West) Work Includes, Romaine Existing and Construct 6" and Variable Height Concrete Curb and Gutter (SDRSD G-2 Type G). Remove and Construct 6- inch AC Bern (SDRSD G-5 Type A) Owner: City of Del Mar VJork Includes Colored Concrete Paving, Unit Pavers, Curb and Gutter, and AC Pavement. Also, Heavy Duty Concrete paving (East & West) Work Includes, Romaine Existing and Construct 6" and Variable Height Concrete Curb and Gutter (SDRSD G-2 Type G). Remove and Construct 6- inch AC Bern (SDRSD G-5 Type A) General Contractor: PAL General Engineering, Inc. VJork Includes Colored Concrete Paving, Unit Pavers, Curb and Gutter, and AC Pavement. Also, Heavy Duty Concrete paving (East & West) Work Includes, Romaine Existing and Construct 6" and Variable Height Concrete Curb and Gutter (SDRSD G-2 Type G). Remove and Construct 6- inch AC Bern (SDRSD G-5 Type A) Contract Value: $ 357,715.80 VJork Includes Colored Concrete Paving, Unit Pavers, Curb and Gutter, and AC Pavement. Also, Heavy Duty Concrete paving (East & West) Work Includes, Romaine Existing and Construct 6" and Variable Height Concrete Curb and Gutter (SDRSD G-2 Type G). Remove and Construct 6- inch AC Bern (SDRSD G-5 Type A) Start Date: 2/10/2012 VJork Includes Colored Concrete Paving, Unit Pavers, Curb and Gutter, and AC Pavement. Also, Heavy Duty Concrete paving (East & West) Work Includes, Romaine Existing and Construct 6" and Variable Height Concrete Curb and Gutter (SDRSD G-2 Type G). Remove and Construct 6- inch AC Bern (SDRSD G-5 Type A) Completed: 8/3/2012 VJork Includes Colored Concrete Paving, Unit Pavers, Curb and Gutter, and AC Pavement. Also, Heavy Duty Concrete paving (East & West) Work Includes, Romaine Existing and Construct 6" and Variable Height Concrete Curb and Gutter (SDRSD G-2 Type G). Remove and Construct 6- inch AC Bern (SDRSD G-5 Type A) Contract Duration: 60 Working Days VJork Includes Colored Concrete Paving, Unit Pavers, Curb and Gutter, and AC Pavement. Also, Heavy Duty Concrete paving (East & West) Work Includes, Romaine Existing and Construct 6" and Variable Height Concrete Curb and Gutter (SDRSD G-2 Type G). Remove and Construct 6- inch AC Bern (SDRSD G-5 Type A) Project Manager: Joe Bride VJork Includes Colored Concrete Paving, Unit Pavers, Curb and Gutter, and AC Pavement. Also, Heavy Duty Concrete paving (East & West) Work Includes, Romaine Existing and Construct 6" and Variable Height Concrete Curb and Gutter (SDRSD G-2 Type G). Remove and Construct 6- inch AC Bern (SDRSD G-5 Type A) VJork Includes Colored Concrete Paving, Unit Pavers, Curb and Gutter, and AC Pavement. Also, Heavy Duty Concrete paving (East & West) Work Includes, Romaine Existing and Construct 6" and Variable Height Concrete Curb and Gutter (SDRSD G-2 Type G). Remove and Construct 6- inch AC Bern (SDRSD G-5 Type A) Harborside Elementary School Pedestrian Safety Improvement Excavation and Grading as well as Clearing and Grubbing. Work also included 4-inch P.C.C. Sidewalk (SDRSD G-7) Type A,B,C,D Pedestrian Ramp, and Asphalt Concrete Pavement and Seal Coat Owner: City of Chula Vista Excavation and Grading as well as Clearing and Grubbing. Work also included 4-inch P.C.C. Sidewalk (SDRSD G-7) Type A,B,C,D Pedestrian Ramp, and Asphalt Concrete Pavement and Seal Coat General Contractor: PAL General Engineering, Inc. Excavation and Grading as well as Clearing and Grubbing. Work also included 4-inch P.C.C. Sidewalk (SDRSD G-7) Type A,B,C,D Pedestrian Ramp, and Asphalt Concrete Pavement and Seal Coat Contract Value: $ 407,769.00 Excavation and Grading as well as Clearing and Grubbing. Work also included 4-inch P.C.C. Sidewalk (SDRSD G-7) Type A,B,C,D Pedestrian Ramp, and Asphalt Concrete Pavement and Seal Coat Start Date: 2/29/2012 Excavation and Grading as well as Clearing and Grubbing. Work also included 4-inch P.C.C. Sidewalk (SDRSD G-7) Type A,B,C,D Pedestrian Ramp, and Asphalt Concrete Pavement and Seal Coat Completed: 6/20/2012 Excavation and Grading as well as Clearing and Grubbing. Work also included 4-inch P.C.C. Sidewalk (SDRSD G-7) Type A,B,C,D Pedestrian Ramp, and Asphalt Concrete Pavement and Seal Coat Contract Duration: 60 Working Days Excavation and Grading as well as Clearing and Grubbing. Work also included 4-inch P.C.C. Sidewalk (SDRSD G-7) Type A,B,C,D Pedestrian Ramp, and Asphalt Concrete Pavement and Seal Coat Project Manager: Carlos Melendez Excavation and Grading as well as Clearing and Grubbing. Work also included 4-inch P.C.C. Sidewalk (SDRSD G-7) Type A,B,C,D Pedestrian Ramp, and Asphalt Concrete Pavement and Seal Coat ADA Improvements Phase II - Excavation and Grading as well as Clearing and Grubbing. Work also included 4-inch P.C.C. Sidewalk (SDRSD G-7) Type A,B,C,D Pedestrian Ramp, and Asphalt Concrete Pavement and Seal Coat 2 Owner: San Diego Unified Port District ADA Curb Ramps improvements ,Curb & Gutter, Sidewalk, concrete paving , Class II Base, Asphalt Paving , striping , excavation , demolition , Security Electric work, Fence 2 General Contractor: PAL General Engineering Inc ADA Curb Ramps improvements ,Curb & Gutter, Sidewalk, concrete paving , Class II Base, Asphalt Paving , striping , excavation , demolition , Security Electric work, Fence 2 Contract Value: $ 1,611,425.00 ADA Curb Ramps improvements ,Curb & Gutter, Sidewalk, concrete paving , Class II Base, Asphalt Paving , striping , excavation , demolition , Security Electric work, Fence 2 Start Date: 11/27/2010 ADA Curb Ramps improvements ,Curb & Gutter, Sidewalk, concrete paving , Class II Base, Asphalt Paving , striping , excavation , demolition , Security Electric work, Fence 2 Completed: 3/30/2012 ADA Curb Ramps improvements ,Curb & Gutter, Sidewalk, concrete paving , Class II Base, Asphalt Paving , striping , excavation , demolition , Security Electric work, Fence 2 Contract Duration: 360 Working Days ADA Curb Ramps improvements ,Curb & Gutter, Sidewalk, concrete paving , Class II Base, Asphalt Paving , striping , excavation , demolition , Security Electric work, Fence 2 Project Manager: William Melton ADA Curb Ramps improvements ,Curb & Gutter, Sidewalk, concrete paving , Class II Base, Asphalt Paving , striping , excavation , demolition , Security Electric work, Fence 2 ADA Curb Ramps improvements ,Curb & Gutter, Sidewalk, concrete paving , Class II Base, Asphalt Paving , striping , excavation , demolition , Security Electric work, Fence 2 Oxford Street Improvement Full Section pavement replacement with Tensar TX7, Cab , Asphalt paving , Curb & guteer, Sidewalks , Driveways, Filtera drainage units , cuit inlet, electrical, fence, Landscape 2 Owner: Full Section pavement replacement with Tensar TX7, Cab , Asphalt paving , Curb & guteer, Sidewalks , Driveways, Filtera drainage units , cuit inlet, electrical, fence, Landscape 2 General Contractor: PAL General Engineering Inc Full Section pavement replacement with Tensar TX7, Cab , Asphalt paving , Curb & guteer, Sidewalks , Driveways, Filtera drainage units , cuit inlet, electrical, fence, Landscape 2 Contract Value: $ 1,249,458.00 Full Section pavement replacement with Tensar TX7, Cab , Asphalt paving , Curb & guteer, Sidewalks , Driveways, Filtera drainage units , cuit inlet, electrical, fence, Landscape 2 Start Date: 8/15/2010 Full Section pavement replacement with Tensar TX7, Cab , Asphalt paving , Curb & guteer, Sidewalks , Driveways, Filtera drainage units , cuit inlet, electrical, fence, Landscape 2 Completed: 4/29/2011 Full Section pavement replacement with Tensar TX7, Cab , Asphalt paving , Curb & guteer, Sidewalks , Driveways, Filtera drainage units , cuit inlet, electrical, fence, Landscape 2 Contract Duration: 190 Full Section pavement replacement with Tensar TX7, Cab , Asphalt paving , Curb & guteer, Sidewalks , Driveways, Filtera drainage units , cuit inlet, electrical, fence, Landscape 2 Project Manager: Kalani Camatcho Full Section pavement replacement with Tensar TX7, Cab , Asphalt paving , Curb & guteer, Sidewalks , Driveways, Filtera drainage units , cuit inlet, electrical, fence, Landscape 2 Full Section pavement replacement with Tensar TX7, Cab , Asphalt paving , Curb & guteer, Sidewalks , Driveways, Filtera drainage units , cuit inlet, electrical, fence, Landscape 2 Tenth Ave. Marine Terminal Pavement Maintenance Asphalt Concrete Pavement, Cold Mill AC Pavement, Slurry Seal Coating Included (300 ft. Crack Sealing), Restore Pavement Striping, Apply Pavement Markings, Pavement Mari<ers 2 Owner: The Port of San Diego Asphalt Concrete Pavement, Cold Mill AC Pavement, Slurry Seal Coating Included (300 ft. Crack Sealing), Restore Pavement Striping, Apply Pavement Markings, Pavement Mari<ers 2 General Contractor: PAL General Engineering Inc. Asphalt Concrete Pavement, Cold Mill AC Pavement, Slurry Seal Coating Included (300 ft. Crack Sealing), Restore Pavement Striping, Apply Pavement Markings, Pavement Mari<ers 2 Contract Value: $ 318,374.26 Asphalt Concrete Pavement, Cold Mill AC Pavement, Slurry Seal Coating Included (300 ft. Crack Sealing), Restore Pavement Striping, Apply Pavement Markings, Pavement Mari<ers 2 Start Date: 7/20/2010 Asphalt Concrete Pavement, Cold Mill AC Pavement, Slurry Seal Coating Included (300 ft. Crack Sealing), Restore Pavement Striping, Apply Pavement Markings, Pavement Mari<ers 2 Completed: 10/18/2010 Asphalt Concrete Pavement, Cold Mill AC Pavement, Slurry Seal Coating Included (300 ft. Crack Sealing), Restore Pavement Striping, Apply Pavement Markings, Pavement Mari<ers 2 Contract Duration: 72 Working Days Asphalt Concrete Pavement, Cold Mill AC Pavement, Slurry Seal Coating Included (300 ft. Crack Sealing), Restore Pavement Striping, Apply Pavement Markings, Pavement Mari<ers 2 Project Manager: Ernesto Medina- (619) 686-7229 Asphalt Concrete Pavement, Cold Mill AC Pavement, Slurry Seal Coating Included (300 ft. Crack Sealing), Restore Pavement Striping, Apply Pavement Markings, Pavement Mari<ers 2 emedina@DortofsandieBo.orE 2 Encinitas NCTD Parking Lot B Pavement Removal, Clearing and Grubbing, Variable Cold Plane, Adjustment of Manholes, Unclassified Excavation, Sacrificatrion, & Recompaction, Aggregate, Asphalt Concrete Paving, PVC Solid Wall and Perforated Storm Drain Pipe, Striping and Legends, Signage, 1 anrj.t5r.anfi anH Irrinatinn 2 Owner: City of Encinitas Pavement Removal, Clearing and Grubbing, Variable Cold Plane, Adjustment of Manholes, Unclassified Excavation, Sacrificatrion, & Recompaction, Aggregate, Asphalt Concrete Paving, PVC Solid Wall and Perforated Storm Drain Pipe, Striping and Legends, Signage, 1 anrj.t5r.anfi anH Irrinatinn 2 General Contractor: PAL General Engineering Inc. Pavement Removal, Clearing and Grubbing, Variable Cold Plane, Adjustment of Manholes, Unclassified Excavation, Sacrificatrion, & Recompaction, Aggregate, Asphalt Concrete Paving, PVC Solid Wall and Perforated Storm Drain Pipe, Striping and Legends, Signage, 1 anrj.t5r.anfi anH Irrinatinn 2 Contract Value: $ 1,018,452.00 Pavement Removal, Clearing and Grubbing, Variable Cold Plane, Adjustment of Manholes, Unclassified Excavation, Sacrificatrion, & Recompaction, Aggregate, Asphalt Concrete Paving, PVC Solid Wall and Perforated Storm Drain Pipe, Striping and Legends, Signage, 1 anrj.t5r.anfi anH Irrinatinn 2 Start Date: 5/14/2010 Pavement Removal, Clearing and Grubbing, Variable Cold Plane, Adjustment of Manholes, Unclassified Excavation, Sacrificatrion, & Recompaction, Aggregate, Asphalt Concrete Paving, PVC Solid Wall and Perforated Storm Drain Pipe, Striping and Legends, Signage, 1 anrj.t5r.anfi anH Irrinatinn 2 Completed: 10/15/2010 Pavement Removal, Clearing and Grubbing, Variable Cold Plane, Adjustment of Manholes, Unclassified Excavation, Sacrificatrion, & Recompaction, Aggregate, Asphalt Concrete Paving, PVC Solid Wall and Perforated Storm Drain Pipe, Striping and Legends, Signage, 1 anrj.t5r.anfi anH Irrinatinn 2 Contract Duration: 120 working Days Pavement Removal, Clearing and Grubbing, Variable Cold Plane, Adjustment of Manholes, Unclassified Excavation, Sacrificatrion, & Recompaction, Aggregate, Asphalt Concrete Paving, PVC Solid Wall and Perforated Storm Drain Pipe, Striping and Legends, Signage, 1 anrj.t5r.anfi anH Irrinatinn 2 Project Manager: Kipp Hefner- (760) 633-2775 Pavement Removal, Clearing and Grubbing, Variable Cold Plane, Adjustment of Manholes, Unclassified Excavation, Sacrificatrion, & Recompaction, Aggregate, Asphalt Concrete Paving, PVC Solid Wall and Perforated Storm Drain Pipe, Striping and Legends, Signage, 1 anrj.t5r.anfi anH Irrinatinn 2 khefner@citvofencinitas.org 3 2010 Delmar Street and Drainage Improvements 3 Owner: City of Del Mar Traffic Control , BMPs , SWPPP .ADA Sidewalks , Curb & Gutters , Driveways , Slurry Seal, Asphalt Dig out, Asphalt Overiay, Electrical work , Striping , Landscaping, Exposed Concrete sidewalks , Class II Base , DG, Cold Milling , Surveying, Tree Grate , Manhole Adjustment, Crack Sealing . 3 General Contractor: PAL General Engineering Inc. Traffic Control , BMPs , SWPPP .ADA Sidewalks , Curb & Gutters , Driveways , Slurry Seal, Asphalt Dig out, Asphalt Overiay, Electrical work , Striping , Landscaping, Exposed Concrete sidewalks , Class II Base , DG, Cold Milling , Surveying, Tree Grate , Manhole Adjustment, Crack Sealing . 3 Contract Value: $ 490,444.10 Traffic Control , BMPs , SWPPP .ADA Sidewalks , Curb & Gutters , Driveways , Slurry Seal, Asphalt Dig out, Asphalt Overiay, Electrical work , Striping , Landscaping, Exposed Concrete sidewalks , Class II Base , DG, Cold Milling , Surveying, Tree Grate , Manhole Adjustment, Crack Sealing . 3 Start Date: 1/11/2010 Traffic Control , BMPs , SWPPP .ADA Sidewalks , Curb & Gutters , Driveways , Slurry Seal, Asphalt Dig out, Asphalt Overiay, Electrical work , Striping , Landscaping, Exposed Concrete sidewalks , Class II Base , DG, Cold Milling , Surveying, Tree Grate , Manhole Adjustment, Crack Sealing . 3 Completed: 4/21/2010 Traffic Control , BMPs , SWPPP .ADA Sidewalks , Curb & Gutters , Driveways , Slurry Seal, Asphalt Dig out, Asphalt Overiay, Electrical work , Striping , Landscaping, Exposed Concrete sidewalks , Class II Base , DG, Cold Milling , Surveying, Tree Grate , Manhole Adjustment, Crack Sealing . 3 Contract Duration: 90 Working Days Traffic Control , BMPs , SWPPP .ADA Sidewalks , Curb & Gutters , Driveways , Slurry Seal, Asphalt Dig out, Asphalt Overiay, Electrical work , Striping , Landscaping, Exposed Concrete sidewalks , Class II Base , DG, Cold Milling , Surveying, Tree Grate , Manhole Adjustment, Crack Sealing . 3 Project Manager: Eric Minicilli - (619) 520-9657 Traffic Control , BMPs , SWPPP .ADA Sidewalks , Curb & Gutters , Driveways , Slurry Seal, Asphalt Dig out, Asphalt Overiay, Electrical work , Striping , Landscaping, Exposed Concrete sidewalks , Class II Base , DG, Cold Milling , Surveying, Tree Grate , Manhole Adjustment, Crack Sealing . 3 eminicilli@delmar.ca.us Traffic Control , BMPs , SWPPP .ADA Sidewalks , Curb & Gutters , Driveways , Slurry Seal, Asphalt Dig out, Asphalt Overiay, Electrical work , Striping , Landscaping, Exposed Concrete sidewalks , Class II Base , DG, Cold Milling , Surveying, Tree Grate , Manhole Adjustment, Crack Sealing . 4 NCMT Pave South West Perimeter Traffic Control , BMPs , SWPPP .ADA Sidewalks , Curb & Gutters , Driveways , Slurry Seal, Asphalt Dig out, Asphalt Overiay, Electrical work , Striping , Landscaping, Exposed Concrete sidewalks , Class II Base , DG, Cold Milling , Surveying, Tree Grate , Manhole Adjustment, Crack Sealing . 4 Owner: San Diego Unified Port District Earth Work, Selctive Site Demo, Storm Drain System, Filter Inserts, 3.0 MIL PVC Geomemberne, Security Procedures, Mobilization, BMPS, Asphalt Treated Permeable Base, Open Graded Asphalt Concrete Pavement, Asphalt Cold Milling & Overiay, Striping 4 General Contractor: PAL General Engineering Inc. Earth Work, Selctive Site Demo, Storm Drain System, Filter Inserts, 3.0 MIL PVC Geomemberne, Security Procedures, Mobilization, BMPS, Asphalt Treated Permeable Base, Open Graded Asphalt Concrete Pavement, Asphalt Cold Milling & Overiay, Striping 4 Contract Value: $ 485,643.00 Earth Work, Selctive Site Demo, Storm Drain System, Filter Inserts, 3.0 MIL PVC Geomemberne, Security Procedures, Mobilization, BMPS, Asphalt Treated Permeable Base, Open Graded Asphalt Concrete Pavement, Asphalt Cold Milling & Overiay, Striping 4 Start Date: 12/14/2009 Earth Work, Selctive Site Demo, Storm Drain System, Filter Inserts, 3.0 MIL PVC Geomemberne, Security Procedures, Mobilization, BMPS, Asphalt Treated Permeable Base, Open Graded Asphalt Concrete Pavement, Asphalt Cold Milling & Overiay, Striping 4 Completed: 1/30/2010 Earth Work, Selctive Site Demo, Storm Drain System, Filter Inserts, 3.0 MIL PVC Geomemberne, Security Procedures, Mobilization, BMPS, Asphalt Treated Permeable Base, Open Graded Asphalt Concrete Pavement, Asphalt Cold Milling & Overiay, Striping 4 Contract Duration: 90 Working Days Earth Work, Selctive Site Demo, Storm Drain System, Filter Inserts, 3.0 MIL PVC Geomemberne, Security Procedures, Mobilization, BMPS, Asphalt Treated Permeable Base, Open Graded Asphalt Concrete Pavement, Asphalt Cold Milling & Overiay, Striping 4 Project Manager: Yeshi Mulugeta (619) 686-6250 Earth Work, Selctive Site Demo, Storm Drain System, Filter Inserts, 3.0 MIL PVC Geomemberne, Security Procedures, Mobilization, BMPS, Asphalt Treated Permeable Base, Open Graded Asphalt Concrete Pavement, Asphalt Cold Milling & Overiay, Striping 4 ymuluget@portofsandiego.org Earth Work, Selctive Site Demo, Storm Drain System, Filter Inserts, 3.0 MIL PVC Geomemberne, Security Procedures, Mobilization, BMPS, Asphalt Treated Permeable Base, Open Graded Asphalt Concrete Pavement, Asphalt Cold Milling & Overiay, Striping 5 IFB-10008 Concrete and precast pavement Project 5 Owner: North County Transit District Traffic Control, including Safety Control Around Train Tracks , Earth Work 5 General Contractor: PAL General Engineering Inc. Traffic Control, including Safety Control Around Train Tracks , Earth Work Contract Value: $ 252.718.53 Including Demolition of 2.500 CY of Dirt. Sidewalk, Cross gutter. Driveways & ADA Ramps Replacment, Installation of Pavers , and Landscaping , Cold Milling and Paving Start Date: 11/7/2009 Including Demolition of 2.500 CY of Dirt. Sidewalk, Cross gutter. Driveways & ADA Ramps Replacment, Installation of Pavers , and Landscaping , Cold Milling and Paving Completed: 1/14/2010 Including Demolition of 2.500 CY of Dirt. Sidewalk, Cross gutter. Driveways & ADA Ramps Replacment, Installation of Pavers , and Landscaping , Cold Milling and Paving Contract Duration: 100 Calender Days Including Demolition of 2.500 CY of Dirt. Sidewalk, Cross gutter. Driveways & ADA Ramps Replacment, Installation of Pavers , and Landscaping , Cold Milling and Paving Project Manager: Steve Hoyle 760-518-8715 Including Demolition of 2.500 CY of Dirt. Sidewalk, Cross gutter. Driveways & ADA Ramps Replacment, Installation of Pavers , and Landscaping , Cold Milling and Paving sho@sandag.org Including Demolition of 2.500 CY of Dirt. Sidewalk, Cross gutter. Driveways & ADA Ramps Replacment, Installation of Pavers , and Landscaping , Cold Milling and Paving 6 Silver Strand Bike Path Rehabilitation Including Demolition of 2.500 CY of Dirt. Sidewalk, Cross gutter. Driveways & ADA Ramps Replacment, Installation of Pavers , and Landscaping , Cold Milling and Paving 6 Owner: City of Coronado Traffic Control, Mobilization , install DG Material, Redwood headers. Crack Sealing , Asphalt Dig Out and Repairs , 6 General Contractor: PAL General Engineering Inc. Traffic Control, Mobilization , install DG Material, Redwood headers. Crack Sealing , Asphalt Dig Out and Repairs , 6 Contract Value: 11/2/2009 Traffic Control, Mobilization , install DG Material, Redwood headers. Crack Sealing , Asphalt Dig Out and Repairs , Start Date: 11/18/2009 — Slurry Seal, Striping ~ Completed: $ 111,638.74 Slurry Seal, Striping ~ Contract Duration: 30 Working Days Slurry Seal, Striping ~ Project Manager: Ngyra Stebbins, (619)522-2423 Slurry Seal, Striping ~ nstebbins@coronado.ca.us Slurry Seal, Striping ~ 7 Tidelands, Various Locations Preventative Pavement Maintenance FY2009 Traffic Control, Mobilization , Crack Sealing , Install Asphalt concrete over Class II Base Material, Install root ban^iers , ADA Ramps, Asphalt Milling and Dig out. Slurry Seal. Striping Owner: San Diego Unified Port District Traffic Control, Mobilization , Crack Sealing , Install Asphalt concrete over Class II Base Material, Install root ban^iers , ADA Ramps, Asphalt Milling and Dig out. Slurry Seal. Striping General Contractor: PAL General Engineering Inc. Traffic Control, Mobilization , Crack Sealing , Install Asphalt concrete over Class II Base Material, Install root ban^iers , ADA Ramps, Asphalt Milling and Dig out. Slurry Seal. Striping Contract Value: $ 204,578.00 Traffic Control, Mobilization , Crack Sealing , Install Asphalt concrete over Class II Base Material, Install root ban^iers , ADA Ramps, Asphalt Milling and Dig out. Slurry Seal. Striping Start Date: 3/23/2009 Traffic Control, Mobilization , Crack Sealing , Install Asphalt concrete over Class II Base Material, Install root ban^iers , ADA Ramps, Asphalt Milling and Dig out. Slurry Seal. Striping Completed: 5/9/2009 Traffic Control, Mobilization , Crack Sealing , Install Asphalt concrete over Class II Base Material, Install root ban^iers , ADA Ramps, Asphalt Milling and Dig out. Slurry Seal. Striping Contract Duration: 90 Working Days Traffic Control, Mobilization , Crack Sealing , Install Asphalt concrete over Class II Base Material, Install root ban^iers , ADA Ramps, Asphalt Milling and Dig out. Slurry Seal. Striping Project Manager: Bridgett Reid, (619)725-6057 Traffic Control, Mobilization , Crack Sealing , Install Asphalt concrete over Class II Base Material, Install root ban^iers , ADA Ramps, Asphalt Milling and Dig out. Slurry Seal. Striping breid@portofsandiego.org Traffic Control, Mobilization , Crack Sealing , Install Asphalt concrete over Class II Base Material, Install root ban^iers , ADA Ramps, Asphalt Milling and Dig out. Slurry Seal. Striping 8 Subcontractor Projects 8 FY-11 Slurry Seal Group 6 Remove Concrete Pavement and replace 8 Subcontractor American Asphalt South, Inc. with Asphalt Paving, Various Locations 8 Contract Value: $ 497,379.40 with Average Area Between 8 Start Date: 2/7/2012 7,000-10,000 SF 8 Completed: 4/30/2012 8 Contract Duration 90 Working Days 8 Project Manager: 9 Project Manager: 9 9 FY11 Slurry Seal Group 8 9 Subcontractor American Asphalt South, Inc. Damaged AC Pavement Replacement, 9 Contract Value: $ 528,747.00 Removal of Humps and Pavement 9 Start Date: 1/5/2012 Irregularities 9 Completed: 4/30/2012 9 Project Duration 90 Working Days 9 Project Manager: 10 Project Manager: 10 2009-2010 Slurrv Seal and ARAM Proiect - Citv of Powav 10 Subcontractor to Bond BlacktOD (GC Proiect #90407^ Asphalt Dig out Major Streets 10 Contract Value: $ 408,654.00 Concrete repairs 10 Completed: 8/26/2009 10 Project Manager: Steve Pierce, Bond Blacktop (909) 992-6622 10 Project Manager: Jeff Beers, City of Poway (858) 668-4624 10 10 Slurry Seal Group 1 FY09 City of San Diego Subcontractor American Asphalt South Inc. Asphalt Dig out & Concrete Repairs Owner City of San Diego Contract Value: $ 1,580,245.00 Start Date 5/18/2009 Completed: 6/30/2009 Contract Duration 60 Working Days Project Manager: Kim LaSelle, (619) 527-5455 City of San Diego Project Manager: TimGriffen, (909)427-8276 American Asphalt South Inc. BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABIUTY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION (To Accompany Proposal) SANTA FE II RESERVOIR DRAINAGE AND CRIBWALL IMPROVEMENTS CONTRACT NO. 50311 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 ofi^ \ • Comprehensive General Liability • Automobile Liability • Woricers Compensation • Employer's Liability 2) Statement with an insurance carrier's notarized signature stating that the carrier can. and upon payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for Comprehensive General Liability. Automobile Liability, Workers Compensation and Employer's Liability in conformance with the requirements herein and Certificates of insurance to the Agency showing conformance with the requirements herein. All certificates of insurance and statements of willingness to issue insurance for auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated in The Notice Inviting Bids and the General Provisions for this project for each insurance company that the Contractor proposes. 2) Cover anv vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. Revised 03/21/12 Contract No. 50311 Page 23 of 95 Pages CERTIFICATE OF LIABILITY INSURANCE OP ID: VP DATE (MM/DD/YYYY) 10/11/12 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 poiicy(ies) must be endorsed, if SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 619-937-0164 Rancho Mesa insurance Services ^..^ n'leo 250 Riverview Parkway #401 9-937-0168 Santee, CA 92071 Daniel W. Frazee CONTACT NAME: PRODUCER 619-937-0164 Rancho Mesa insurance Services ^..^ n'leo 250 Riverview Parkway #401 9-937-0168 Santee, CA 92071 Daniel W. Frazee PHONE FAX (A/C. No. Ext): (A/C, No): PRODUCER 619-937-0164 Rancho Mesa insurance Services ^..^ n'leo 250 Riverview Parkway #401 9-937-0168 Santee, CA 92071 Daniel W. Frazee E-MAIL ADDRESS: PRODUCER 619-937-0164 Rancho Mesa insurance Services ^..^ n'leo 250 Riverview Parkway #401 9-937-0168 Santee, CA 92071 Daniel W. Frazee PRODUCER pAi c-CA CUSTOMER ID #: r/\HjC-1 PRODUCER 619-937-0164 Rancho Mesa insurance Services ^..^ n'leo 250 Riverview Parkway #401 9-937-0168 Santee, CA 92071 Daniel W. Frazee INSURER(S) AFFORDING COVERAGE NAIC# INSURED PAL General Engineering, Inc. 2615 Camino Del Rio South #308 San Diego, CA 92108 INSURER A: Associated Industries Ins Co. INSURED PAL General Engineering, Inc. 2615 Camino Del Rio South #308 San Diego, CA 92108 INSURER B: Praotorian Insurance Company 37257 INSURED PAL General Engineering, Inc. 2615 Camino Del Rio South #308 San Diego, CA 92108 INSURER c: National Union Fire Ins Co 19445 INSURED PAL General Engineering, Inc. 2615 Camino Del Rio South #308 San Diego, CA 92108 INSURER D: Companion Property & Casualty 12157 INSURED PAL General Engineering, Inc. 2615 Camino Del Rio South #308 San Diego, CA 92108 INSURER E : INSURED PAL General Engineering, Inc. 2615 Camino Del Rio South #308 San Diego, CA 92108 INSURER F : COVERAGES CERTIFICATE NUMBER: 1 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 LTR TYPE OF INSURANCE ADDL INSR SUBR VWD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A GENERAL LIABILITY X X AES1020314 00 01/07/12 01/07/13 EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY X X AES1020314 00 01/07/12 01/07/13 DAMAGE TO RENTED PREMISES (Ea occurrence) $ 100,000 A CLAIMS-MADE X OCCUR X X AES1020314 00 01/07/12 01/07/13 MED EXP (Any one person) $ EXCLUDED A X CONTRACTUAL LIAB X X AES1020314 00 01/07/12 01/07/13 PERSONAL & ADV INJURY $ 1,000,000 A X X AES1020314 00 01/07/12 01/07/13 GENERAL AGGREGATE $ 2,000,000 A GEN'L AGGREGATE LIMIT APPLIES PER: X X AES1020314 00 01/07/12 01/07/13 PRODUCTS - COMP/OP AGG $ 2,000,000 A POLICY X JECT LOC X X AES1020314 00 01/07/12 01/07/13 $ B B AU1 X X OMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS $500 Deductibles X X CAH010001871 01/07/12 01/07/13 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 B B AU1 X X OMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS $500 Deductibles X X CAH010001871 01/07/12 01/07/13 BODILY INJURY (Per person) $ B B AU1 X X OMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS $500 Deductibles X X CAH010001871 01/07/12 01/07/13 BODILY INJURY (Per accident) $ B B AU1 X X OMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS $500 Deductibles X X CAH010001871 01/07/12 01/07/13 PROPERTY DAMAGE (Per accident) $ B B X OMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS $500 Deductibles X X CAH010001871 01/07/12 01/07/13 $ B B X OMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS $500 Deductibles X X CAH010001871 01/07/12 01/07/13 $ C UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS-MADE BE025902951 10/01/11 01/07/13 EACH OCCURRENCE $ 5,000,000 C X UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS-MADE BE025902951 10/01/11 01/07/13 AGGREGATE $ 5,000,000 C DEDUCTIBLE RETENTION $ BE025902951 10/01/11 01/07/13 $ C DEDUCTIBLE RETENTION $ BE025902951 10/01/11 01/07/13 $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY y / N ANY PROPRIETOR/PARTNER/EXECUTIVE 1 1 OFFICER/MEMBER EXCLUDED? (Mandatoiy in NH) ' If yes, describe under DESCRIPTION OF OPERATIONS below N/A X NWC-0007451-00 01/07/12 01/07/13 V WC STATU- OTH-^ TORY LIMITS ER D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY y / N ANY PROPRIETOR/PARTNER/EXECUTIVE 1 1 OFFICER/MEMBER EXCLUDED? (Mandatoiy in NH) ' If yes, describe under DESCRIPTION OF OPERATIONS below N/A X NWC-0007451-00 01/07/12 01/07/13 E.L. EACH ACCIDENT $ 1,000,000 D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY y / N ANY PROPRIETOR/PARTNER/EXECUTIVE 1 1 OFFICER/MEMBER EXCLUDED? (Mandatoiy in NH) ' If yes, describe under DESCRIPTION OF OPERATIONS below N/A X NWC-0007451-00 01/07/12 01/07/13 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY y / N ANY PROPRIETOR/PARTNER/EXECUTIVE 1 1 OFFICER/MEMBER EXCLUDED? (Mandatoiy in NH) ' If yes, describe under DESCRIPTION OF OPERATIONS below N/A X NWC-0007451-00 01/07/12 01/07/13 E.L DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) RE: SANTA FE II RESERVOIR DRAINAGE AND CRIBWALL IMPROVEMENTS. BIC #PWS13-03UTIL, PROJECT #50311. THE CITY OF CARLSBAD, ITS OFFICIALS, EMPLOYEES AFID VOLUNTEERS ARE INCLUDED AS ADDITIONAL INSURED PER FORM CG2010 ATTACHED PRIMARY AND NON-CONTRIBUTORY WORDING APPLIES. AUTO ADDITIONAL INSURED APPLIES PER ENDORSEMENT ATTACHED. CERTIFICATE HOLDER CANCELLATION CITYCAR CITY OF CARLSBAD 1635 FARADAY AVENUE CARLSBAD, CA 92008 1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. CITYCAR CITY OF CARLSBAD 1635 FARADAY AVENUE CARLSBAD, CA 92008 1 AUTHORIZED REPRESENTATIVE © 1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: AES1020314 00 COIVIIVIERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: ALL PERSONS OR ORGANIZATIONS WHERE WRITTEN CONTRACT WITH THE NAMED INSURED REQUIRES 11/85 EDITION. THIS FORM DOES NOT APPLY TO YOUR WORK ON "RESIDENTIAL PROPERTY'. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. CG 20 10 11 85 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 • POLICY NUMBER:AES1020314 00 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: ALL PERSONS OR ORGANIZATIONS WHERE REQUIRED BY WRITTEN CONTRACT WITH THE NAMED INSURED Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV - Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 POLICY NUMBER: AES1020314 00 COMMERCIAL GENERAL LIABILITY NX GL 009 08 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTING INSURANCE (THIRD-PARTY) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Third Party: ALL PERSONS OR ORGANIZATIONS WHERE REQUIRED BY WRITTEN CONTRACT WITH THE NAMED INSURED (Absence of a specifically named Third Party above means that the provisions of this endorsement apply as required by written contractual agreement with any Third Party for whom you are performing work.) Paragraph 4. of SECTION IV: COMMERCIAL GENERAL LIABILITY CONDITIONS is replaced by the following: 4. Other Insurance: With respect to the Third Party shown above, this insurance is primary and non-contributing. Any and all other valid and collectable insurance available to such Third Party in respect of work performed by you under written contractual agreements with said Third Party for loss covered by this policy, shall in no instance be considered as primary, co-insurance, or contributing insurance. Rather, any such other insurance shall be considered excess over and above the insurance provided by this policy. NX GL 009 08 09 Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2.5 % of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description Any person or organization as required by written contract 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 1/7/2012 Policy No. NWC-0007451-00 Endorsement No. Insured PAL General Engineering Inc. Insurance Company Companion Property & Casualty Insurance Compan Countersigned by WC 04 03 06 (Ed. 4-84) ©1998 by the Worker's Insurance Rating Bureau of California. All rights reserved. POLICY NUMBER: CAH010001871 COMMERCIAL AUTO PI CA 05 92 09 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM Endorsement Effective: 01/07/12 Praetorian Insurance Company Named Insured: PAL General Engineering, Inc. Countersigned By: (Authorized Representative) This Endorsement premium is $ See Declarations. If no entry appears above, information required to complete this endorsement will be shown in the Declarations as appli- cable to the endorsement. 1. BROAD FORM INSURED The following is added to A. Coverage, 1. Who Is An Insured of SECTION II - LIABILITY COVERAGE: d. Any organization, other than a partnership or joint venture, over which you maintain ownership or a majority inter- est on the effective date of this coverage forni if there is no similar insurance available to that organization. e. Any organization you newly acquire or form, other than a partnership or joint venture, and over which you maintain ownership or a majority interest. However, coverage under this provision does not apply: 1. If there is similar insurance available to the organization; or 2. To "bodily injury" or "property damage" that occurred before you acquired or formed the organization. 3. 180 days or more after its acquisition or formation by you, unless you have given us notice of the acquisition or formation. f. Any employee of yours while using a covered "auto" you do not own, hire, or borrow in your business or your per- sonal affairs. 2. COVERAGE EXTENSIONS - SUPPLEMENTARY PAYMENTS SECTION II - LIABILITY COVERAGE, A. Coverage, 2. Coverage Extensions, a. Supplementary Payments, sub- paragraphs (2) and (4) are amended as follows: (2) Up to $3000 for cost of bail bonds (including bonds for related traffic law violations) required because of an "acci- dent" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings, up to $500 a day because of time off from work. PI CA 05 92 09 07 Page 1 of 4 3. FELLOW EMPLOYEE EXCLUSION SECTION II - LIABILITY COVERAGE, B. Exclusions, 5. Fellow Employee is replaced by the following: "Bodily Injury" to any fellow "employee" of the "insured" arising out of and in the course of the fellow "employee's" em- ployment. However, we will cover "bodily injury" caused by your "employee" to his or her fellow "employee" if the "bod- ily injury" results from the use of a covered "auto" you own or hire. 4. HIRED AUTO PHYSICAL DAMAGE & LOSS OF USE Under SECTION III - PHYSICAL DAMAGE COVERAGE: 1. Any "auto" you lease, hire, rent, or borrow from someone other than your employees or partners or members of their household is a covered "auto" for each of your physical damage coverages. 2. The most we will pay for "loss" in any one accident is the lesser of: (1) $50,000; or (2) The actual cash value of the damaged or stolen property at the time of the "loss"; or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and qual- ity. If you are liable for the "accident", we will also pay up to $750 per "accident" for the actual loss of use to the owner of the covered "auto". 3. Our obligations to pay for, repair, return or replace damaged or stolen property will be reduced by an amount that is equal to the amount of the largest deductible shown for any owned "auto" for that coverage. However, any Comprehensive Coverage deductible shown in the Declarations does not apply to "loss" caused by fire or lightning. 4. For this coverage, the insurance provided is primary for any covered "auto" you hire without a driver and excess over any other collectible insurance for any covered "auto" that you hire with a driver. 5. RENTAL REIMBURSEMENT Under SECTION III - PHYSICAL DAMAGE COVERAGE: We will pay for rental reimbursement expenses up to $75 per day incun'ed by you for the rental of an "auto" because of "loss" to a covered "auto" for up to 30 days. We will also pay up to $500 for reasonable and necessary expenses in- cun'ed by you to remove and replace your materials and equipment from the covered "auto". If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage that amount of your rental reimbursement expenses which is not already provided under SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions. 6. CUSTOMIZED FURNISHINGS COVERAGE Under SECTION III - PHYSICAL DAMAGE COVERAGE: We will pay with respect to a covered "auto" for "loss" to custom furnishings including, but not limited to: 1. Special carpeting and insulation; and 2. Height - extending roofs; and 3. Custom murals, paintings, or other decals or graphics. Our limit of liability for loss to custom furnishings shall be the lesser of: PICA 05 92 09 07 Page 2 of 4 1. Actual cash value of the stolen or damaged property; or 2. Amount necessary to repair or replace the property; or 3. $500. This coverage does not apply to electronic equipment. 7. ELECTRONIC EQUIPMENT COVERAGE Under SECTION III - PHYSICAL DAMAGE COVERAGE, we will pay with respect to a covered "auto" equipment that receives or transmits audio, visual or data signals and that is not designed solely for the reproduction of sound. This coverage applies only if the equipment is permanently installed in the covered "auto" at the time of the "loss", and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto". The most we will pay for all "loss" to audio, visual or data electronic equipment and any accessories used with this equipment as a result of any one "loss" is the lesser of: 1. The actual cash value of the damaged or stolen property at the time of the "loss"; or 2. The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality; or 3. $1500. This coverage will not apply if there is other insurance provided by this policy for the above described electronic equipment We will, however, pay any deductibles up to $300 that are applicable under the provisions of the other in- surance. 8. DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT, OR LOSS Under SECTION IV - BUSINESS AUTO CONDITIONS, A. Loss Conditions, 2. Duties In The Event Of Accident, Claim, Suit Or Loss, a. is amended to read: In the event of "accident", claim, "suit" or "loss", you must give us or our authorized representative prompt notice of an "accident", "claim", "suit", or "loss" only when the "accident, "claim, "suit", or "loss" is known to: 1. You, if you are an individual; or 2. A partner, if you are a partnership; or 3. An executive officer or the employee designated by the named insured to give such notice, if you are a corpo- ration. Include: (1) How, When and where the "accident" or "loss" occurred; (2) The "insured's" name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses. 9. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Under SECTION IV - BUSINESS AUTO CONDITIONS; the following is added: Your unintentional failure to disclose any hazards existing at the effective date of your policy will not prejudice the cov- erage afforded. However, we have the right to collect additional premium for any such hazard. 10. AUTO LEASE GAP PI CA 05 92 09 07 Page 3 of 4 Under SECTION III - PHYSICAL DAMAGE COVERAGE, if a long term leased "auto" is a covered "auto" and the les- sor is named as an Additional Insured - Lessor, in the event of a total "loss", we will pay our additional legal obligation to the lessor for any difference between the actual cash value of the "auto" at the time of the "loss" and the "out- standing balance" of the lease. "Outstanding balance" means the amount you owe on the lease at the time of "loss" less any amounts representing taxes, overdue payments, penalties, interest or charges resulting from over due payments, additional mileage charges, excess wear and tear charges and lease termination fees. We will not pay any administrative costs or overhead fees assessed by the finance company that has leased the cov- ered "auto" to you. 11. ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT, OR PERMIT SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured is amended to include as an "insured" a person or organization you may become obligated to add to this policy with respect to the operation, maintenance, or use of a covered "auto" you own if: 1) You are obligated to add that person or organization, as an additional insured to this policy by: a. an expressed provision of an "insured contract", or written agreement; or b. an expressed condition of a written permit issued to you by a governmental or public authority; and 2) The "bodily injury" or "property damage" is caused by an "accident" which takes place after: a. You executed the "insured contract" or written agreement; or b. The permit has been issued to you. 12. WAIVER OF SUBROGATION We waive any right of recovery we may have against any additional insured under SECTION II - LIABILITY COVER- AGE, A. Coverage, 1. Who Is An Insured, but only as respects "loss" arising out of the operation, maintenance or use of a covered "auto" you own pursuant to the provisions of the "insured contract", written agreement, or permit. This provision does not apply unless the written contract or agreement has been executed or permit has been issued prior to the "bodily injury" or the "property damage". 13. CANCELLATION CONDITION Under Common Policy Conditions, A. Cancellation, 2.b. is replaced by the following: b. 60 days before the effective date of cancellation if we cancel for any other reason. 14. GLASS - DEDUCTIBLE Under SECTION III - PHYSICAL DAMAGE COVERAGE, no deductible applies to glass damage if the glass is re- paired rather than replaced. PICA 05 92 09 07 Page 4 of 4 Associated Industries Insurance Company, Inc. Administered through: AmTrust E & S Insurance Services, Inc 200 State Street, 4th Floor Boston, MA 02109 Policy Number: AES1020314 00 Policy Number AES1020314 00 Named Insured: PAL General Engineering, Inc. COMMON POLICY DECLARATIONS Policy Period: From 1/7/2012 To 1/7/2013 12:01 a.m. Standard Time at the Named Insured's Address Transaction New Business Named Insured and Address PAL General Engineering, Inc. 2615 Camino Del Rio South, Ste 308 San Diego CA 92108 Broker R-T Specialty of California Insurance Services, LL 7979 Ivanhoe Avenue, Suite 325 La Jolla CA 92037 Business Description Concrete and asphalt contractor Type of Business Organization Including a Corporation Audit Period Annual In return for the payment of the premium, and subject to all the tenns of this policy, we agree with you to provide the insurance as stated in this policy. This policy consists of the following coverage parts for which a premium is indicated. This premium may be subject to adjustment. COVERAGE PART DESCRIPTION General Liability PREMIUM $33,000.00 POLICY PREMIUM DEPOSIT PREMIUM TERRORISM COVERAGE TOTAL DEPOSIT PREMIUM 33,000.00 33,000.00 Excluded 33,000.00 Minimum Retained Audit Premium $ 29,700.00 Minimum Retained Premium $ 8,250.00 Forms applicable to all Coverage Parts: See Forms and Endorsements schedule Premium: CA State Tax: CA Stamping Fee: Total: $33,000.00 $990.00 (3.0%) $82.50 (.25%) $34,072.50 Countersigned this issued Date: 1/9/2012 By Authorized Representative CPPMDEC0411 INSURED COPY Associated industries insurance Company, inc. Administered through: AmTrust E & S insurance Services, inc. Policy Number: AES1020314 00 200 State Street, 4th Floor Boston, MA 02109 Named Insured: PAL General Engineering, Inc. 200 State Street, 4th Floor Boston, MA 02109 GENERAL LIABILITY COVERAGE PART Policy Number AES1020314 00 Policy Period: From 1/7/2012 To 1/7/2013 12:01 a.m. Standard Time at the Named Insured's Address Transaction New Business Named Insured and Address PAL General Engineering, Inc. 2615 Camino Del Rio South, Ste 308 Broker R-T Specialty of California Insurance Services, LL 7979 Ivanhoe Avenue, Suite 325 San Diego CA 92108 La Jolla CA 92037 Business Description Concrete and asphalt contractor Type of Business Organization Including a Corporation Audit Period Annual IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. LIMITS OF INSURANCE General Aggregate Limit (Other than Products-Completed Operations) Products - Completed Operations Aggregate Limit Each Occurrence Limit Personal and Advertising Injury Limit Medical Expense Limit, any one person Fire Damage Limit, any one fire 2,000,000 2,000,000 1,000,000 1,000,000 Excluded 100,000 AMENDED LIMITS OF LIABILITY Refer to attached schedule, if any. LOCATIONS OF ALL PREMISES YOU OWN, RENT OR OCCUPY Refer to attached schedule. CLASSIFICATIONS Refer to attached schedule, if any. TOTAL PREMIUM FOR THIS COVERAGE PART 33,000.00 Forms and Endorsements Applicable See Forms and Endorsements Schedule These Declarations together with the common policy conditions, coverage declarations, coverage form(s), and form(s) and endorsements, if any, issued, complete the above number policy. Issued Date: 1/9/2012 GLM330000 0411 INSURED COPY Associated Industries Insurance Company, Inc. Administered through: AmTrust E & S Insurance Services, Inc. 200 State Street, 4th Floor Boston, MA 02109 Policy Number: AES1020314 00 Named Insured: PAL General Engineering, inc. COMMERCIAL GENERAL LIABILITY EXTENSION OF DECLARATIONS LOCATION OF PREMISES Location of All Premises You Own, Rent or Occupy: 1 2615 Camino Del Rio South, Ste 308 San Diego CA 92108 PREMIUM Location Classification Code No. Exposure Basis 1 91560 included included Concrete Construction 91580 3,000,000 Gross Sales Contractors - executive supervisors or executive superintendents Rate Prem. Ops. Prod/Comp Ops. included included Advance Premium Prem. Ops. Prod/Comp Ops. Included included 11.000 included $33,000 included 1 91585 included Included Included Included included included Contractors - subcontracted work - in connection with construction, reconstruction, repair or erection of buildings - Not Othenwise Classified 92451 Included Included included Electrical Apparatus - installation, servicing or repair - Not Otherwise Classified included Included Included 97447 Included Included Included included Included Included Masonry Includes copyrighted material of Insurance Services Office, Inc., with its pennission. Copyright, Insurance Services Office, Inc., 1994. Issued Date: 1/9/2012 Page 3 of 6 INSURED COPY GLMDECB0411 Associated Industries Insurance Company, inc. Administered through: AmTrust E & S insurance Services, inc. 200 State Street, 4th Floor Boston, MA 02109 Policy Number: AES1020314 00 Named Insured: PAL General Engineering, inc. COMMERCIAL GENERAL LIABILITY EXTENSION OF DECLARATIONS LOCATION OF PREMISES Location of All Premises You Own, Rent or Occupy: PREMIUM Location Classification Code No. Exposure Basis 1 98820 Included Included Sewer Mains or Connections Construction 99315 included Included Street or Road Construction or Reconstruction Rate Prem. Ops. Prod/Comp Ops. Included Included Advance Premium Prem. Ops. Prod/Comp Ops. Included included Included Included Included included Includes copyrighted material of Insurance Services Office, Inc., with its pemnission. Copyright, Insurance Services Office, Inc., 1994. Issued Date: 1/9/2012 Page 4 of 6 INSURED COPY GLMDECB0411 Associated industries insurance Company, inc. Administered through: AmTrust E & S insurance Services, inc. 200 State Street, 4th Floor Boston, MA 02109 Policy Number: AES1020314 00 Named Insured: PAL General Engineering, Inc. FORMS AND ENDORSEMENTS SCHEDULE Coveraae Form Ed. Date Description CG AESPN (08/11) ASSOCIATED INDUSTRIES INSURANCE COMPANY PRIVACY POLICY CG CANOTICE (08/09) CA NOTICE CG CG0001 (12/07) COMMERCIAL GENERAL LIABILITY COVERAGE FORM CG CG2010 (11/85) ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - (FORM B) CG CG2116 (07/98) EXCLUSION - DESIGNATED PROFESSIONAL SERVICES CG CG2134 (01/87) EXCLUSION - DESIGNATED WORK (FOR USE WITH CGL AND PRODUCTS POLICIES) CG CG2135 (10/01) EXCLUSION - COVERAGE C - MEDICAL PAYMENTS CG CG2147 (12/07) EMPLOYMENT-RELATED PRACTICES EXCLUSION CG CG2149 (09/99) TOTAL POLLUTION EXCLUSION ENDORSEMENT CG CG2153 (01/96) EXCLUSION - DESIGNATED ONGOING OPERATIONS CG CG2154 (01/96) EXCLUSION - DESIGNATED OPERATIONS COVERED BY A CONSOLIDATED (WRAP-UP) INSURANCE PROGRAM CG CG2167 (12/04) FUNGI OR BACTERIA EXCLUSION CG CG2175 (06/08) EXCLUSION OF CERTIFIED ACTS OF TERRORISM AND EXCLUSION OF OTHER ACTS OF TERRORISM COMMITTED OUTSIDE THE UNITED STATES CG CG2186 (12/04) EXCLUSION - EXTERIOR INSULATION AND FINISH SYSTEMS CG CG2196 (03/05) SILICA OR SILICA-RELATED DUST EXCLUSION CG CG2234 (07/98) EXCLUSION - CONSTRUCTION MANAGEMENT ERRORS AND OMISSIONS CG CG2279 (07/98) EXCLUSION - CONTRACTORS - PROFESSIONAL LIABILITY CG CG2404 (05/09) WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US CG CPS33003C/^ (09/11) POLICYHOLDER NOTICE SERVICE OF PROCESS CG iL0003 (09/08) CALCULATION OF PREMIUM CG IL0017 (11/98) COMMON POLICY CONDITIONS CG IL0021 (09/08) NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (BROAD FORM) CG NXGL004 (08/09) AMENDMENT - COMMON POLICY CONDITIONS CG NXGL005 (11/10) POLICYHOLDER'S GUIDE TO REPORTING A CASUALTY CLAIM CG NXGL006 (08/09) INTERIM PREMIUM AUDIT CONDITION Issued Date: 1/9/2012 CPPMFORMSCHED Page 5 of 6 Associated Industries Insurance Company, inc. Administered through: AmTrust E & S Insurance Services, inc. 200 State Street, 4th Floor Boston, MA 02109 Policy Number: AES1020314 00 Named Insured: PAL General Engineering, inc. FORMS AND ENDORSEMENTS SCHEDULE Coveraae Form Ed. Date Description CG NXGL007 (08/09) MINIMUM RETAINED AUDIT PREMIUM CG NXGL008 (08/09) MINIMUM RETAINED PREMIUM CG NXGL009 (08/09) PRIMARY AND NON-CONTRIBUTING INSURANCE (THIRD-PARTY) CG NXGL014 (08/09) TEMPORARY & VOLUNTEER WORKER EXCLUSION CG NXGL015 (08/09) EXCLUSION - ASBESTOS CG NXGL016 (08/09) EXCLUSION - TOTAL LEAD CG NXGL020 (08/09) EXCLUSION - ELECTROMAGNETIC FIELDS (EMF'S) CG NXGL021 (08/09) EXCLUSION - PUNITIVE DAMAGES CG NXGL037 (08/09) DEDUCTIBLE LIABILITY ENDORSEMENT - INCLUDING EXPENSE (PER OCCURRENCE/OFFENSE) CG NXGL053 (08/09) EXCLUSION - CONTINUOUS, PROGRESSIVE OR REPEATED OFFENSES CG NXGL057 (08/09) EXCLUSION - ALL RESIDENTIAL CONSTRUCTION WORK CG NXGL067 (08/09) EXCLUSION - BLASTING OPERATIONS CG NXGL080 (08/09) EXCLUSION - RESIDENTIAL CONVERSION CG NXGL093 (08/09) AMENDMENT - AGGREGATE LIMITS OF INSURANCE (PER PROJECT) CG NXGL097 (08/09) DEFINITION OF GROSS RECEIPTS/SALES ENDORSEMENT CG NXGL106 (08/09) INDEPENDENT CONTRACTORS LIMITATION ENDORSEMENT CG NXGL114 (08/09) NON-DUPLICATION OF LIMITS OF INSURANCE CG NXGL127 (08/09) EXCLUSION - CROSS SUITS (INSUREDS) CG NXGL129 (01/10) TAINTED DRYWALL MATERIAL EXCLUSION Issued Date: 1/9/2012 CPPMFORMSCHED Page 6 of 6 POLICY NUMBER: AES1020314 00 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: ALL PERSONS OR ORGANIZATIONS WHERE WRITTEN CONTRACT WITH THE NAMED INSURED REQUIRES 11/85 EDITION. THIS FORM DOES NOT APPLY TO YOUR WORK ON "RESIDENTIAL PROPERTY". (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. CG 20 10 11 85 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 POLICY NUMBER:AES1020314 00 COMMERCIAL GENERAL LIABILITY CG 21 54 01 96 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - DESIGNATED OPERATIONS COVERED BY A CONSOLIDATED (WRAP-UP) INSURANCE PROGRAM This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Description and Location of Operation(s): ALL PROJECTS AND LOCATIONS FOR WHICH A CONSOLIDATED (WRAP UP) INSURANCE PROGRAIVI HAS BEEN PROVIDED (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The following exclusion is added to paragraph 2., Exclusions of COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section I - Cove- rages): This insurance does not apply to "bodily injury" or "property damage" arising out of either your ongoing operations or operations included within the "products- completed operations hazard" at the location de- scribed in the Schedule of this endorsement, as a consolidated (wrap-up) insurance program has been provided by the prime contractor/project manager or owner of the construction project in which you are involved. This exclusion applies whether or not the consolidated (wrap-up) insurance program: (1) Provides coverage identical to that provided by this Coverage Part; (2) Has limits adequate to cover all claims; or (3) Remains in effect. CG 21 54 01 96 Copyright, Insurance Services Office, Inc., 1994 Page 1 of 1 COIVIIVIERCIAL GENERAL LIABILITY CG 22 34 07 98 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - CONSTRUCTION MANAGEMENT ERRORS AND OMISSIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusion is added to Paragraph 2., 2. Inspection, supervision, quality control, architec- Exclusions of Section I - Coverage A - Bodily tural or engineering activities done by or for you on Injury And Property Damage Liability and Para- a project on which you serve as construction man- graph 2., Exclusions of Section I - Coverage B - ager. Personal And Advertising Injury Liability: j^^^ exclusion does not apply to "bodily injury" or This insurance does not apply to "bodily injury", "prop- "property damage" due to construction or demolition erty damage" or "personal and advertising injury" work done by you, your "employees" or your subcon- arising out of: tractors. 1. The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications by any architect, engineer or surveyor performing services on a project on which you serve as construction manager; or CG 22 34 07 98 Copyright, Insurance Services Office, Inc., 1997 Page 1 of 1 COIVIIVIERCIAL GENERAL LIABILITY CG 22 79 07 98 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - CONTRACTORS - PROFESSIONAL LIABILITY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusion is added to Paragraph 2., Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability and Para- graph 2., Exclusions of Section I - Coverage B - Personal And Advertising Injury Liability: 1. This insurance does not apply to "bodily injury", "property damage" or "personal and advertising in- jury" arising out of the rendering of or failure to render any professional services by you or on your behalf, but only with respect to either or both of the following operations: a. Providing engineering, architectural or survey- ing services to others in your capacity as an engineer, architect or surveyor; and b. Providing, or hiring independent professionals to provide, engineering, architectural or survey- ing services in connection with construction work you perform. 2. Subject to Paragraph 3. below, professional ser- vices include: a. Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, re- ports, surveys, field orders, change orders, or drawings and specifications; and b. Supervisory or inspection activities performed as part of any related architectural or engineer- ing activities. 3. Professional services do not include services with- in construction means, methods, techniques, se- quences and procedures employed by you in con- nection with your operations in your capacity as a construction contractor. CG 22 79 07 98 Copyright, Insurance Services Office, Inc., 1997 Page 1 of 1 POLICY NUMBER:AES1020314 00 COIVIIVIERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: ALL PERSONS OR ORGANIZATIONS WHERE REQUIRED BY WRITTEN CONTRACT WITH THE NAMED INSURED Infonnation required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV - Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 IL 00 17 11 98 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. Cancellation 1. The first Named Insured shown in the Declara- fions may cancel this policy by mailing or deli- vering to us advance written notice of cancella- tion. 2. We may cancel this policy by mailing or deliver- ing to the first Named Insured written nofice of cancellation at least: a. 10 days before the effective date of cancel- lation if we cancel for nonpayment of pre- mium; or b. 30 days before the effective date of cancel- lation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured's last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rata. If the first Named Insured cancels, the refund may be less than pro rata. The cancellation will be ef- fective even if we have not made or offered a refund. 6. If notice is mailed, proof of mailing will be suffi- cient proof of notice. B. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy. C. Examination Of Your Books And Records We may examine and audit your books and records as they relate to this policy at any time dur- ing the policy period and up to three years after- ward. D. Inspections And Surveys 1. We have the right to: a. Make inspecfions and surveys at any fime; b. Give you reports on the conditions we find; and c. Recommend changes. 2. We are not obligated to make any inspections, surveys, reports or recommendations and any such actions we do undertake relate only to in- surability and the premiums to be charged. We do not make safety inspections. We do not un- dertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions: a. Are safe or healthful; or b. Comply with laws, regulations, codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us, but also to any rating, advisory, rate service or similar organization which makes in- surance inspections, surveys, reports or rec- ommendations. 4. Paragraph 2. of this condition does not apply to any inspections, surveys, reports or recom- mendations we may make relative to certifica- tion, under state or municipal statutes, ordin- ances or regulations, of boilers, pressure ves- sels or elevators. E. Premiums The first Named Insured shown in the Declara- tions: 1. Is responsible for the payment of all premiums; and 2. Will be the payee for any return premiums we pay. F. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured. If you die, your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representa- tive. Until your legal representative is appointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. IL 00 17 11 98 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 POLICY NUMBER: AES1020314 00 COMMERCIAL GENERAL LIABILITY NX GL 004 08 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT - COMMON POLICY CONDITIONS This endorsement modifies insurance provided under the following: COMMON POLICY CONDITIONS The following is added: G. Other Insurance With This Company If this policy contains two or more Coverage Parts providing coverage for the same "occurrence," "injury," or offense, the maximum Limit of Insurance under all Coverage Parts shall not exceed the highest Limit of Insurance under any one Coverage Part. If this policy and any other policy issued to you by us apply to the same "occurrence," "injury," or offense, the maximum Limit of Insurance under all of the policies shall not exceed the highest Limit of Insurance under any one policy. This condition does not apply to any policy issued by us which specifically provides that the policy is to apply as excess insurance over this policy. NX GL 004 08 09 Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission POLICY NUMBER: AES1020314 00 COMMERCIAL GENERAL LIABILITY NX GL 006 08 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. INTERIM PREMIUM AUDIT CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to paragraph 5. of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: 5. Premium Audit d. We reserve the right to conduct a complete audit of your records during the policy term to determine the adequacy of the Advance Premium deposit. If the earned premium computed for the interim audit period exceeds the pro rated Advance Premium by an amount of 10% or more we shall reserve the right to amend the premium base(s) stated in the Declarafions to reflect the data produced by the interim audit and to revise the Advance Premium accordingly. Any additional premium will be due and payable upon notice to the first named Insured. This provision shall not serve to amend the Minimum Premium as shown in the Declarations or our right to conduct further audits as per paragraph b. above. NX GL 006 08 09 Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission POLICY NUMBER: AES1020314 00 COMMERCIAL GENERAL LIABILITY NX GL 007 08 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MINIMUM RETAINED AUDIT PREMIUM This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART Paragraph 5.b. of SECTION IV, COMMERCIAL GENERAL LIABILITY CONDITIONS, is replaced by the following: 5. Premium Audit b. Premium shown in this Coverage Part as Advance Premium is a deposit premium only. At the close of each audit period, we will compute the eamed premium for that period. Audit premiums are due and payable upon notice to the First Named Insured. Premium Audit adjustments will be made to determine additional premiums only. You agree that there will be no downward adjustment of the Minimum Retained Audit Premium resulting from the Premium Audit provision of this policy. NX GL 007 08 09 Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission POLICY NUMBER: AES1020314 00 COMMERCIAL GENERAL LIABILITY NX GL 008 08 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MINIMUM RETAINED PREMIUM This endorsement modifies insurance provided under the following: COMMON POLICY CONDITIONS Paragraph 5. of A. Cancellation is replaced by the following: 5. If this policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rata. If the first Named Insured cancels, earned premium will be computed according to the customary short rate table and procedure, subject to a Minimum Retained Premium of $8.250. The cancellafion will be effective even if we have not made or offered a refund. NX GL 008 08 09 Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission POLICY NUMBER: AES1020314 00 COMMERCIAL GENERAL LIABILITY NX GL 009 08 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTING INSURANCE (THIRD-PARTY) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Third Party: ALL PERSONS OR ORGANIZATIONS WHERE REQUIRED BY WRITTEN CONTRACT WITH THE NAMED INSURED (Absence of a specifically named Third Party above means that the provisions of this endorsement apply as required by written contractual agreement with any Third Party for whom you are performing work.) Paragraph 4. of SECTION IV: COMMERCIAL GENERAL LIABILITY CONDITIONS is replaced by the following: 4. Other Insurance: With respect to the Third Party shown above, this insurance is primary and non-contributing. Any and all other valid and collectable insurance available to such Third Party in respect of work perfonned by you under written contractual agreements with said Third Party for loss covered by this policy, shall in no instance be considered as primary, co-insurance, or contributing insurance. Rather, any such other insurance shall be considered excess over and above the insurance provided by this policy. NX GL 009 08 09 Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission POLICY NUMBER: AES1020314 00 COMMERCIAL GENERAL LIABILITY NX GL 037 08 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DEDUCTIBLE LIABILITY ENDORSEMENT - INCLUDING EXPENSE (PER OCCURRENCE/OFFENSE) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Coverage Amount of Deductible Bodily Injury Liability OR $ 5000 per occurrence Property Damage Liability OR $ 5000 per occurrence Personal and Advertising Injury Liability $5000 per offense (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) APPLICATION OF ENDORSEMENT (Enter below any limitafions on the applicafion of this endorsement. If no limitafion is entered, the deducfibles apply to damages for all "bodily injury", "property damage", and "personal and advertising injury," however caused): A. Our obligafion under the Bodily Injury Liability, Property Damage Liability, and Personal and Advertising Injury Liability Coverages to pay damages on your behalf applies only to the amount of damages in excess of any deductible amounts stated in the Schedule above as applicable to such coverages, and the Limits of Insurance applicable to Each Occurrence or offense for such coverages will be reduced by the amount of such deductible. Aggregate Limits for such coverages shall not be reduced by the application of such deductible amount. B. The deductible amounts apply to damages and all legal and loss adjustment expenses. C. The deductible amount stated in the Schedule above is on a per "occurrence" or offense basis and applies as follows: 1. Under the Bodily Injury Liability Coverage to all damages because of "bodily injury"; 2. Under Property Damage Liability Coverage to all damages because of "property damage"; 3. Under Bodily Injury Liability and/or Property Damage Liability Coverage Combined, to all damages NX GL 037 08 09 Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission COMMERCIAL GENERAL LIABILITY NX GL 037 08 09 because of: a. "bodily injury"; b. "property damage"; or c. 'bodily injury" and "property damage" combined; 4. Under Personal and Advertising Injury Liability Coverages to all damages because of "personal and advertising injury" as the result of any one "occurrence" or offense, regardless of the number of persons or organizations who sustain damages because of that "occurrence" or offense. D. The terms of this insurance, including those with respect to our right and duty to defend the insured against any "suits" seeking those damages and your duties in the event of an "occurrence," offense, claim or "suit," apply irrespective of the applicafion of the deductible amount. E. We may pay any part or all of the deducfible amount to effect settlement of any claim or "suit" and, upon notification of the acfion taken, you shall promptly reimburse us for such part of the deducfible amount as has been paid by us. Page 2 of 2 NX GL 037 08 09 Includes copyrighted material of Insurance Services Office, Inc., with its permission POLICY NUMBER: AES1020314 00 COMMERCIAL GENERAL LIABILITY NX GL 057 08 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - ALL RESIDENTIAL CONSTRUCTION WORK This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART A. The following Exclusion is added to SECTION I - COVERAGES, paragraph 2. Exclusions of COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY, paragraph 2. Exclusions of COVERAGE B - PERSONAL AND ADVERTISING INJURY LIABILITY: 2. Exclusions This insurance does not apply to: All Residential Construction Work Any "bodily injury," "property damage," or "personal and advertising injury" which, in whole or in part, direcfiy or indirectly, arises out of or is related to any past, present, continuing or future "residential construction work" performed by or on behalf of you , or by or on behalf of any other person or enfity, on "residenfial property." We have no duty to invesfigate, adjust or defend, or to pay any investigation, adjustment or defense costs, including attorney's fees, with respect to, a claim or "suit" seeking damages for such injury or damage. B. The following are added to SECTION V - DEFINITIONS: "Residential construction work" means all work or operations in any way related to "residential property," including but not limited to the development, design or building of a new structure or the addifion to or extension of an existing structure, the maintenance, repair, renovation, restoration, improvement, betterment, alteration or modification of an exisfing structure, and the demolifion or removal, in whole or in part, of an exisfing structure; and includes: (1) Work or operations regarding the real property on which the new or existing structure is located; (2) Materials, parts or equipment fumished in connecfion with the work or operations; and (3) Warranties or representafions made, and warnings and instructions provided or not provided, regarding the work or operafions. "Residential property" means structures intended for use or used, in whole or in part, as human dwellings, including but not limited to mulfi-family housing, apartments, condominiums, town homes, townhouses, villas, cooperafive housing, dormitories, master-planned housing, tract homes, mass-produced single family homes, custom-built single family homes, and "mixed use structures;" and includes structures inifially intended for another kind of use, but subsequently converted by anyone for use, in whole or in part, as a human dwelling. "Repair or remodeling work" means work or operations limited to the maintenance, repair, renovafion, restoration, improvement, betterment, alteration or modificafion of an existing structure, including partial demolifion of that structure if required for such maintenance, repair, renovation, restoration, improvement, betterment, alteration or modification. "Repair or remodeling work" does not include such work or operations where 50% or more of the existing structure on which such work or operations are performed has been, or during the course of the work or operafions is, demolished. \^ "Mixed use structures" means structures intended for use or used both as a human dwelling and for one or more other purposes. NX GL 057 08 09 Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission POLICY NUMBER: AES1020314 00 COMMERCIAL GENERAL LIABILITY NX GL 080 08 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - RESIDENTIAL CONVERSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following Exclusion is added to SECTION I - COVERAGES, paragraph 2. Exclusions of COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY, and paragraph 2. Exclusions of COVERAGE B - PERSONAL AND ADVERTISING INJURY LIABILITY: 2. Exclusions This insurance does not apply to: Residential Conversion "Bodily injury," "property damage," or "personal and advertising injury" from the construcfion of any building, in whole or in part, which has been converted to a non-commercial dwelling or residence, at any fime after the incepfion date of this insurance policy. As used in this exclusion, non-commercial dwellings or residences includes, but are not limited to, homes, cooperafives, town homes, lofts and condominiums. This exclusion does not apply to the construcfion, management, or ownership of apartment buildings, hotels or motels by you. NX GL 080 08 09 Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission POLICY NUMBER: AES1020314 00 COMMERCIAL GENERAL LIABILITY NX GL 093 08 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT - AGGREGATE LIMITS OF INSURANCE (PER PROJECT) This endorsement modifies insurance provided under the following: COMMERCIAL GENEF^L LIABILITY COVERAGE FORM Schedule Overall Policy Aggregate Limit: $ 5,000,000 (Informafion required to complete this Schedule, if not shown above, will be shown in Declarafions.) A. Paragraphs 2. and 3. of SECTION III - LIMITS OF INSURANCE are replaced by the following: 2. The Overall Policy Aggregate Limit is the most we will pay for the sum of a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard"; and c. Damages under Coverage B. 3. The Products-Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products-completed operations hazard" to each of your projects away from premises owned by or rented to you. B. The following is added to SECTION III - LIMITS OF INSURANCE: 8. Subject to Paragraph 2. and 3. above, the General Aggregate Limit is the most we will pay under for the sum Coverage A, Coverage B, or Coverage C to each of your projects away from premises owned by or rented to you. NX GL 093 08 09 Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission POLICY NUMBER: AES1020314 00 COMMERCIAL GENERAL LIABILITY NX GL 097 08 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DEFINITION OF GROSS RECEIPTS/SALES ENDORSEMENT This endorsement modifies insurance provided under the following: ^COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is added to SECTION V - DEFINITIONS: Gross Sales/Receipts The gross amount charged by the Named Insured, concessionaires of the Named Insured or by others trading under the insured's name for: a. All goods or products sold or distributed: b. Operafions performed during the policy period; and c. Rentals d. Dues or fees The following items shall be deducted when computing gross sales: a. Sales or excise taxes which are collected and submitted to a governmental division; b. Credits for repossessed merchandise and products returned; c. Allowance for damaged and spoiled goods; d. Finance charges for items sold on installments; e. Freight charges on sales if freight is charged as a separate item on customers invoice; and f. Royalty income from patent rights or copyrights, which are not product sales. NX GL 097 08 09 Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission POLICY NUMBER: AES1020314 00 COMMERCIAL GENERAL LIABILITY NXGL106 08 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. INDEPENDENT CONTRACTORS LIMITATION ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENEF^L^IABILITY COVERAGE PART ^— PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: Certificates of Insurance a. You shall obtain Certificates of Insurance from all contractors or subcontractors providing evidence of General Liability Insurance at limits and coverages at least equal to that afforded by this policy, and b. Such Certificates of Insurance shall also specify that you are named as an additional insured under their policy as respects work for which you have engaged their services. Failure to comply with this condition does not alter the coverage provided by this policy to the Named Insured. However, should you fail to comply, the entire cost of work sublet will be included as premium base for the highest rated policy classification. This insurance shall not apply to any liability, damages or expenses which an independent contractor or subcontractor is legally obligated to pay. NX GL 106 08 09 Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission BIDDER'S STATEMENT RE DEBARMENT (To Accompany Proposal) SANTA FE II RESERVOIR DRAINAGE AND CRIBWALL IMPROVEMENTS CONTRACT NO. 50311 1) Have you or any of your subcontractors ever been debarred as an in-esponsible bidder by another jurisdiction in the State of Califomia? X yes no 2) If yes, what wasAwere the name(s) of the agency(ies) and what was/were the period(s) of debannent(s)? Attach additional copies of this page to accommodate more than two debarments. party deban-ed party debarred agency agency period of debarment period of debamient BY CONTRACTOR: PAL General EnQineerina. Inc By.JZ (r |an| B of mtractbr) I (sign here) Maria Jahshan, President (print name/title) Page of pages of this Re Debamnent fomi Revised 03/21/12 Contract No. 50311 Page 24 of 95 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) SANTA FE II RESERVOIR DRAINAGE AND CRIBWALL IMPROVEMENTS CONTRACT NO. 60311 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 conceming a contractor may be referred to the Registrar, Contractors' State License board, P.O. Box 26000, Sacramento, Califomia 96826. 1) Have you ever had your contractor's license suspended or revoked by the Califomia Contractors' State license Board two or more times within an eight year period? X yes no 2) Has the suspension or revocation of your contractor's license ever been stayed? X yes no 3) Have any subcontractors that you propose to perform any portion of the Wori^ ever had their contractor's license suspended or revoked by the Califomia Contractors' State license Board two or more times within an eight year period? X yes no 4) Has the suspension or revocafion of the license of any subcontractor's that you propose to perform any portion of tl^Work ever been stayed? yes no 6) 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 of pages of this Disclosure of Discipline form Revised 03/21/12 Contract No. 50311 Page 25 of 95 Pages w BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) SANTA FE II RESERVOIR DRAINAGE AND CRIBWALL IMPROVEMENTS CONTRACT NO. 50311 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: PAL General E^in^^ering, Inc (sign there) Maria Jahshan, President (print name/titie) Page of pages of this Disclosure of Discipline form Revised 03/21/12 Contract No. 50311 Page 26 of 95 Pages NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 SANTA FE II RESERVOIR DRAINAGE AND CRIBWALL IMPROVEMENTS CONTRACT NO. 50311 The undersigned declares: PAL General Engineering, Inc. I am the President of , the party making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not In any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained In the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder. I declare under penalty of perjury under the laws of tiie State Califomia ttjat the foregoing is true and correct and that fhis declaration is executed on ^ ^ ^ » 20ii_ at AhlAv; rcitvl. 0± [state]. Signature bf Bidder Revised 03/21/12 Contract No. 50311 Page 27 of 95 Pages ACKNOWLEDGMENT state of California County of San Diego On before me / (insert name and title^of the o^ic '• satisfactory evidence to be the icer) personally appeared who proved to me on the basis of satisfactory evideffce to be the person(^ whose namejp) fe/are subscribed to the within instrument and acl<nowledged to me that he4|B^/they executed the same in his/@^/their authorized capacity(j)i§), and that by hisi(5^/their signature)^ on the instrument the person(J^ 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 Ito^:^ (Seal) YASMIN ALQURAINI Commission No. 1922207 NOTARY PUBLIC-CALIFORNIA SAN DIEGO COUNTY My Comm Expires JANUARY 16.2015 CONTRACT PUBLIC WORKS This agreement is made this cQ3>^'^^ day of OStoh-CA/^ , 20J^, by and between the Carlsbad Municipal Water District of the City of Carlsbad, California, a municipal corporation, (hereinafter called "District"), and PAL General Engineering, Inc., whose principal place of business is 5374 Eastgate Mall San Diego CA 92121 (hereinafter called "Contractor"). District and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in the Contract documents for: SANTA FE II RESERVOIR DRAINAGE AND CRIBWALL IMPROVEMENTS CONTRACT NO. 50311 (hereinafter called "project") 2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the worl< specified by the Contract Documents. 3. Contract Documents. The Contract Documents consist of this Contract, Notice inviting Bids, Contractor's Proposal, Bidder's Bond, Non-Collusion Affidavit, Designation of Subcontractors, Technical Ability and Experience, Bidder's Statement Re Debarment, Escrow Agreement, Release Form, the Plans and Specifications, the General Provisions, addendum(s) to said Plans and Specifications and General Provisions, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, and all bonds for the project; all of which are incorporated herein by this reference. Contractor, her/his subcontractors, and materials suppliers shall provide and install the worl< as indicated, specified, and implied by the Contract Documents. Any items of worl< not indicated or specified, but which are essential to the completion of the worl^, shall be provided at the Contractor's expense to fulfill the intent of said documents, in all instances through the life of the Contract, the City will be the interpreter of the intent of the Contract Documents, and the City's decision relative to said intent will be final and binding. Failure of the Contractor to apprise subcontractors and materials suppliers of this condition of the Contract will not relieve responsibility of compliance. 4. Payment. For all compensation for Contractor's performance of worl< under this Contract, City shall maice payment to the Contractor per section 9-3 PAYMENT of the General Provisions section of this contract. The Engineer will close the estimate of \Nork completed for progress payments on the last worl<ing day of each month. The District shall withhold retention as required by Public Contract Code Section 9203. 5. Independent Investigation. Contractor has made an independent investigation of the jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the work, and is aware of those conditions. The Contract price includes payment for all work that may be done by Contractor, whether anticipated or not, in order to overcome underground conditions. Any information that may have been furnished to Contractor by District 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 District. Revised 03/21/12 Contract No. 50311 Page 28 of 95 Pages 6^ Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenches \^ or other excavations that extend deeper than four feet below the surface Contractor shall promptly, and before the following conditions are disturbed, notify District, 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 ili disposal site in accordance with provisions of existing law. (B) Differing Conditions. Subsurface or latent physical conditions at the site differing from those indicated. (0) Unl(nown Physical Conditions. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract. District 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 District 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 scfieduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. 7. Immigration Reform and Control Act. Contractor certifies it is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this Contract. 8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Department of industrial Relations has determined the general prevailing rate of per diem wages in accordance with California Labor Code, section 1773 and a copy of a schedule of said general prevailing wage rates is on file in the office of the City Engineer, and is incorporated by reference herein. Pursuant to California Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor shall post copies of all applicable prevailing wages on the job site. 9. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the District, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directiy 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 District. 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 District against any challenges to the award of the contract to Contractor, and Contractor will pay all costs, including defense costs for the District. /\ Revised 03/21/12 Contract No. 50311 Page 29 of 95 Pages Defense costs include the cost of separate counsel for District, if District requests separate counsel. \ ^ Contractor shall also defend and indemnify the District 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 othenA/ise, and Contractor will pay all costs, including defense costs for the District. Defense costs include the cost of separate counsel for District, if District 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 of Carisbad's policy for insurance as stated in Citv Council Policy # 70. (A) Coverages And Limits Contractor shall maintain the types of coverages and minimum limits indicted herein: a. Commercial General Liability Insurance: $1,000,000 combined single limit per occurrence for bodily injury and property damage, if the policy has an aggregate limit, a separate aggregate in the amounts specified shall be established for the risks for which the District or its agents, officers or employees are additional insured. b. Business Automobile Liability Insurance: $1,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. c. Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits as required by the Labor Code of the State of California. Workers' compensation offered by the State Compensation Insurance Fund is acceptable to the District. (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 District, its officials, employees and volunteers are to be covered as additional insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the contractor; premises owned, leased, hired or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the District, its officials, employees or volunteers. All additional insured endorsements must be evidenced using separate documents attached to the certificate of insurance; one for each company affording general liability, and employers' liability coverage. b. The Contractor's insurance coverage shall be primary insurance as respects the District, its officials, employees and volunteers. Any insurance or self-insurance maintained by the District, its officials, employees or volunteers shall be in excess of the contractor's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the District, 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 f liability. (C) Notice Of Cancellation. Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage Revised 03/21/12 Contract No. 50311 Page 30 of 95 Pages or limits except after ten (10) days' prior written notice has been sent to the District 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 District. At the option of the District, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the District, 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 District or any of its officials or employees. (F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Coverages for subcontractors shall be subject to all of the requirements stated herein. (G) Acceptability Of Insurers. Insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:VII. Insurers must also be authorized to transact the business of insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a listing in the official publication of the Department of Insurance of the State of California and/or under the standards specified by Citv Council Policy # 70. (H) Verification Of Coverage. Contractor shall furnish the District with certificates of insurance and original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be in forms approved by the District and are to be received and approved by the District before the Contract is executed by the District. (I) Cost Of Insurance. The Cost of all insurance required under this agreement shall be included in the Contractor's bid. 11. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolved in accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with section 20104) which are incorporated by reference. A copy of Article 1.5 is included in Section 3 of the General Provisions. The contractor shall initially submit all claims over $375,000 to the City using the informal dispute resolution process described in Public Contract Code subsections 20104.2(a), (c), (d). Notwithstanding the provisions of this section of the contract, all claims shall comply with the Government Tort Claim Act (section 900 et seq., of the California Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit for breach of this agreement. (A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the District must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. (B) False Claims. Contractor acknowledges that if a false claim is submitted to the District, it may be considered fraud and the Contractor may be subject to criminal prosecution. (C) Government Code. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. (D) Penalty Recovery. If the Carisbad Municipal Water District seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. ^•"^ Revised 03/21/12 Contract No. 50311 Page 31 of 95 Pages (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 Board of Directors of the Carisbad Municipal Water District of the City of Carisbad to disqualify the Contractor or subcontractor from participating in future contract bidding. (H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. I have read and understand all provisions of Section 11 above, init /y^- init 12. Maintenance of Records. Contractor shall maintain and make available at no cost to the District, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 1, Article 2, of the Labor Code. If the Contractor does not maintain the records at Contractor's principal place of business as specified above. Contractor shall so inform the District by certified letter accompanying the return of this Contract. Contractor shall notify the District by certified mail of any change of address of such records. 13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with section 1720 of the Labor Code are incorporated herein by reference. 14. Security. Securities in the form of cash, cashier's check, or certified check may be substituted for any monies withheld by the District 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 District may be substituted for monies withheld to ensure performance under this Contract. 15. Unfair Business Practices. In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body ail rights, titie, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the parties. 16. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and included herein, and if, through mistake or othenA/ise, 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. Revised 03/21/12 Contract No. 50311 Page 32 of 95 Pages 17. Additional Provisions. Any additional provisions of this agreement are set forth in the "General Provisions" or "Supplemental Provisions" attached hereto and made a part hereof. NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED (CORPORATE SEAL) :RACTOR: CARLSBAD MUNICIPAL WATER DISTRICT, a municipal corporatipn ij| the State of California (sign here) (print name and titie) By: (sign here) , ^^V)^ UCCJL IPAMIW ^ (print nanhe and titie) 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: RONALD R. BALL General Counsel By: Of Deputy General CounselJ ^¥ Revised 03/21/12 Contract No. 50311 Page 33 of 95 Pages ACKNOWLEDGMENT State of California County of San Diego On before me. fj (insert name and title of the officer) {J personally appeared who proved to me on the basis of satisfactory evidence to be the person)^ whose nam^)^/are subscribed to the within instrument and acknowledged to me that he/^Gb/ihey executed the same in his^r/their authorized capacity(lfe^), and that by his/|j^r/their 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. I /^%>. YASMIN ALQURAINI | TT f3jr^^.rrr9A^ Commission No. 1922207 z NOTARY PUBLIC-CALIFORNIA 8 Signature lyfl^ SAN DIEGO COUNTY | My Comm Expires JANUARY 16,2015 | ACKNOWLEDGMENT State of California County of San Diego On OfJv(u/\ 10j ^1 ^ before me, / (insert name and titie of the officei^ 5factory evidewse to be the personally appeared who proved to me on the basis of satisfactory evidet^e to be the p^son)^ whose namete) i^/are subscribed to the within instrument and acknowledaed to me thatoe/she/they executed the same in j^/her/their authorized capacity()iQaJ? and that by/fijfe/her/their signaturef^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 (Seal) YASMIN ALQURAINI Commission No. 1922207 NOTARY PUBLIC-CALIFORNIA SAN DIEGO COUNTY My Comm Expires JANUARY 16.2015 Bond: 1015480 Premium included in Perfomnance Bond Board of Directors of the Carlsbad Resolution No. 1447 has awarded to luntcfpai Water District located 'm the State of California, by , adopted October 2, 2012 PAL General Engineering. Inc. (hereinafter designated as the "Principal"), a Contract for: SANTA FE 11 RESERVOIR DRAINAGE AND CRIBWALL CONTRACT NO. 60311 fn the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Office of the Secretary of the Carisbad Municipal Water District 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 fait to pay for any materials, provisions, provender or other suppiies 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, PAL General Engineering, Inc. _^ as Principal, (hereinafter designated as the "Contractor"), and The Hanover Insurance Company as Surety, are held firmly bound unto the Carisbad /lunicipal Water District in the sum of and 00/100 Th reeHundred Eighty Six Thousand Five Hundred Thirty five dollars ($ 386.535 ). - - • • L......... - - < ^ Tr..7Tr..T^..i~ — — ., , * I said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the contract by the Carlsbad Municipal Water District, 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 tS SUCH that if the Contractor or his/her subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with California Civi! Code section 3181, or for amounts due under the Unemployment Insurance Code with respect to the work or labor performed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and sybcontractors pursuant to section 13020 of the Unemployment Insurance Coda with respect to the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the court consistent with California Civil Code section 3248. This bond shall inure to the benefit of any of the persons named in California Civil Code section 3181, so as to give a right of action to those persons or their assigns in any suit brought upon the bond. Surety stipyiates 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 thb 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 03/21/12 ContrsGt No. 50311 Page 34 of 95 Pages In the event that Contractor is an individual, it is agreed that the death of any such Contractor shal not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR tiiis day of CONTRACTOR: PAL General Engineering, Inc. 20 12 Executed by SURETY this of October (sign here) Maria Jahshan, (print name here) (title and organization of signatory) , z ^jy^^Lofc (sign here) (print mme.here) SURETY: The Hanover Insurance Company (name of Surety) 2 MacArthur PL, 2nd Floor, Santa Ana, CA 92707 (address of Surety) (714)415-3808 (telephofie num^r of Surety) By: / y «^ ^ (signature of Attor^y»in-Fact) Matthew C. Gaynor (printed name of Attorney-in-Fact (attach corporate resolution showing current power of attorney) (title and organization of signatory) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. !f only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORy: RONALD R. BALL General Counsel By: i/^^A Deputy General Counse Revised 03/21/12 Contract No, 50311 Page 35 of 95 Pages ACKNOWLEDGMENT State of Califomia County of San Diego On Octobers, 2012 before me, Kathy Scheuerman, Notary Public (insert name and title of the officer) personally appeared Matthew C. Gaynor who proved to me on the basis of satisfactory evidence to be the person(j^ whose name(.8) is/afe subscribed to the within instrument and acknowledged to m e that he/She/lliey executed the same in his/her/their authorized capacity(j^, and that by his/te/theif signature(j80 on the instrument the person(8jr, or the entity upon behalf of which the per sonO?) 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 /^^^^^faf ScJlaWUMC^^ (Seal) KATHY SCHEUERMAN \ Conrunission No.1884440 p NOTARY>UBLIC-CAttfORNIA w SAN DIEGO COUNTY > Commission Expires March 28,20141 THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA POWERS OF A TTORNEY CERTIFIED COPY KNOW ALL MEN BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Michigan, do hereby constitute and appoint Matthew C. Gaynor, Kim D. Vasquez and/or Daniel Frazee of Santee, CA and each is a true and lawful Attorney(s)-in-fact to sign, execute, seal, acknowledge and deliver for, and on its behalf, and as its act and deed any place within the United States, or, if the following line be filled in, only within the area therein designated any and all bonds, recognizances, undertakings, contracts of indemnity or other writings obligatory in the nature thereof, as follows: Any such obligations in the United States, not to exceed Ten Million and No/100 ($10,000,000) in any single instance and said companies hereby ratify and confirm all and whatsoever said Attorney(s)-in-fact may lawfully do in the premises by virtue of these presents. These appointments are made under and by authority of the following Resolution passed by the Board of Directors of said Companies which resolutions are still in effect: "RESOLVED, That the President or any Vice President, in conjunction with any Vice President, be and they are hereby authorized and empowered to appoint AHomeys-in-fact of the Company, in Its name and as Its acts, to execute and acknowledge for and on its behalf as Surety any and all bonds, recognizances, contracts of Indemnity, waivers of citation and all other writings obligatory In the nature thereof, with power to attach thereto the seal of the Company. Any such writings so executed by such Attorneys-in-fact shall be as binding upon the Company as If they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons." (Adopted October 7,1981 - The Hanover Insurance Company; Adopted April 14,1982 - Massachusetts Bay Insurance Company; Adopted September 7, 2001 - Citizens Insurance Company of America) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by two Vice Presidents this 21stday Of April 2011 THE HANOVfRINSURANCE COiyiPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS IN^RANCECpflPANYOF AMERICA THE COMMONWEALTH OF MASSACHUSETTS ) COUNTY OF WORCESTER ) ss. On this 21st day of April 2011, before me came the above named Vice Presidents of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, to me personally known to be the individuals and officers described herein, and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively, and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations. Barbara A. Garlick, Notary F'ublic My Commission Expires November 3, 2011 I, the undersigned Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Companies, and do hereby further certify that the said Powers of Attorney are still in force and effect. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America. "RESOLVED, Thai any and all Powers of Attorney and Certified Copies of such Powers of Attomey and certification In respect thereto, granted and executed by the President or any Vice President in conjunction with any Vice President of the Company, shall be binding on the Company to the same extent as if all signatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile." (Adopted October 7,1981 - The Hanover Insurance Company; Adopted April 14,1982 - Massachusetts Bay Insurance Company; Adopted September 7,2001 - Citizens Insurance Company of America) GIVEN under my hand and the seals Of said Companies, at Worcester, Massachusetts, this 8th day of October, 2012. THE HANOVER INSURANCE COIflPANY M-^SACHUSETTS BAY INSURANCE COMPANY CmZENS INSURANCE COMPANY OF AMERICA hn Margosian, Vice President ACKNOWLEDGMENT State of California County of San Diego _ before me, ^Kh^ rXAy^ f j (insert name ancl title of th'e officery personally appeared QYlfUyA-^ /^»t/^i^A*^^ . who proved to me on the basis of satisfactory evidence to be the personfjasj whose nam^)(j^/are subscribed to the within instrument and acknowledged to me that he/^E^/they executed the same in his/l@^their authorized capacityO^, and that by his/ljj^^/their signature^) on the instrument the personfs^ or the entity upon behalf of which the personfe) 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 (Seal) YASMIN ALQURAINI 1 Commission No. 1922207 2 NOTARY PUBLIC-CALIFORNIA 8 SAN DIEGO COUNTY "| My Comm Expires JANUARY 16, 2015 I ACKNOWLEDGMENT State of California County of San Diego On Ochl^l'^lljyll' before me. /ikd (J (ins( (insert name and title of tne officeo personally appeared who proved to me on the basis of satisfactory evidence to be the ogrsonl^ whose nameV) ii/are subscribed to the within instrument and acknowledged to me thatG/she/they executed the same in (nii/her/their authorized capacityCi^^, and that by(biB/her/their signatur^^tf) 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 (Seal) YASMIN ALQURAINI | Commission No. 1922207 z NOTARY PUBLIC-CALIFORNIA fS SAN DiEGO COUNTY "j MyComm Expires JANUARY 16,2015 I Bond: 1015480 Premium: $4,406 Board of Directors of the Carlsbad Municipal Water District located in the State of California, by Resolution No. 1447 . adopted October 2,2012 has awarded to PAL General Engineering. Inc. ' , {hereinafter designated as the "Principar'), a Contract for: SANTA FE II RESERVOIR DRAINAOE AND CRIBWALL IMPROVEMENTS CONTRACT NO. 50311 in the City of Carlsbad, In strict conformity with the contract, the drawings and specifications, and other Contract Documents now on file irt the Office of the Secretary of the Carlsbad yunicipa! Water District, alt of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond for the faithfui performance and warranty of said Contract; NOW, THEREFORE, WE, PAL General Engineering, Inc. as Principal, (hereinafter designated as the "Contractor"), and The Hanover Insurance Company as Surety, are held and firmly bound unto the Carisbad Municipal Water District, in the sum of Three Hundred Eighty Six Thousand Five Hundred Thirty Five and 00/100 Dollars ($ 386, 535 said sum being equal to one hundred percent (100%) of the estimated amount of the Contract, to be paid to District or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severalty, 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 alt 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 Carlsbad Municipal Water District, its officers, employees and agents, as therein stipulated, then this obligation shall become null and void; othera/ise 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 District in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed there under or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. Revised 03/21 /12 Contract No. 60311 Page 36 of 95 Pages in the event that Contractor is an individual, it is agreed that the death of any such Cor^tractor shal not exonerate the Surety from Its obligations under this bond. Executed by CONTRACTOR this _ of 2012 CONTRACTOR: PAL General Engineering, Inc. Zme of Cootractor) (sign here) Maria Jahshan (print name here) President By: ^^^^ (sign here) (print n4ma here! Executed by SURETY this 8th October day of IQ 12 SURETY: The Hanover Insurance Company (name of Surety) 2 MacArthur PL, 2nd Floor, Santa Ana CA 92707 (address of Surety) (714) 415-3808 (Title and Organization of Signatory) By: (telephone number of Surety) (signature« of Attorne^n-Fact) Matthew C. Gaynor printed name of Attorney-in-Fact) (Attach corporate resolution showing current power of attorney.) (Titie and Organization of signatory) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL General Counsel Deputy General Couns© Revised 03/21/12 Contract No. 50311 Page 37 of 95 Pages THE HANOVER INSURANCE COMPANY IVIASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA POWERS OF A TTORNEY CERTIFIED COPY KNOW ALL MEN BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Michigan, do hereby constitute and appoint Matthew C. Gaynor, Kim D. Vasquez and/or Daniel Frazee of Santee, CA and each is a true and lawful Attorney(s)-in-fact to sign, execute, seal, acknowledge and deliver for, and on its behalf, and as its act and deed any place within the United States, or, if the following line be filled in, only within the area therein designated any and all bonds, recognizances, undertakings, contracts of indemnity or other writings obligatory in the nature thereof, as follows: Any such obligations in the United States, not to exceed Ten Million and No/100 ($10,000,000) in any single instance and said companies hereby ratify and confirm all and whatsoever said Attorney(s)-in-fact may lawfully do in the premises by virtue of these presents. These appointments are made under and by authority of the following Resolution passed by the Board of Directors of said Companies which resolutions are still in effect: "RESOLVED, That the President or any Vice President, in conjunction with any Vice President, be and they are hereby authorized and empowered to appoint Attorneys-in-fact of the Company, in rts name and as its acts, to execute and acknowledge for and on its behalf as Surety any and all bonds, recognizances, contractsof indemnity, waivers of citation and all other writings obligatory in the nature thereof, with power to attach thereto the seal of the Company. Any such writings so executed by such Attorneys-in-fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons." (Adopted October 7,1981 - The Hanover Insurance Company; Adopted April 14,1982 - Massachusetts Bay Insurance Company; Adopted September 7, 2001 - Citizens Insurance Company of America) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by two Vice Presidents, this 21stdayof April 2011. TLJI? i** -..^.^ ' THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INtiPaANCE COMPANY OF AMERKJA THE COMMONWEALTH OF MASSACHUSETTS ) COUNTY OF WORCESTER ) ss. On this 21st day of April 2011, before me came the above named Vice Presidents of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, to me personally known to be the individuals and officers described herein, and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively, and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations. 9 iAMMM MM OMUCK Barbara A. Garlick, Notary Public My Commission Expires November 3, 2011 I, the undersigned Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Companies, and do hereby further certify that the said Powers of Attorney are still in force and effect. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America. "RESOLVED, That any and all Powers of Attorney and Certified Copies of such Powers of Attomey and certification in respect thereto, granted and executed by the President or any Vice President in conjunction with any Vice President of the Company, shall be binding on the Company to the same extent as if all signatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile." (Adopted October 7,1981 - The Hanover Insurance Company; Adopted April 14,1982 - Massachusetts Bay Insurance Company; Adopted September 7,2001 - Citizens Insurance Company of America) GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this 8th day of October, 2012. THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITKENS INSURANCi COMPANY OF AMERICA n Margosian, Vice President ACKNOWLEDGMENT State of California County of San Diego On Octobers, 2012 before me, Kathy Scheuerman, Notary Public (insert name and title of the officer) personally appeared Matthew C. Gaynor who proved to me on the basis of satisfactory evidence to be the person(;gf) whose name{js) is/afe subscribed to the within instrument and acknowledged to m e that he/She/Uiey executed the same in his/hei7ll'ieir authorized capacity(j^s), and that by his/h©f/theif signature(jaO on the instrument the person(8f, or the entity upon behalf of which the per son{^ 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 k^ClttUj- "^thmJikJlAMU^ (Seal) KATHY SCHEUERMAN \ Commission No. 1884440 o NOTAP^ PUBLIC-CAUFORNIA w SAN DIEGO COUNTY > Commission Expires March 28,2014^ ACKNOWLEDGMENT State of California County of San Diego On nCjvIm tS^\t before me, A^^AMA fi^jAAAA fJo^^^f*^^ {J (insert name and title of trfe officer) / personally appeared who proved to me on the basis of satisfactory evideni6e to be the personj^^ whose name^i$/are subscribed to the within instrument and acknowledged to me that he/^/they executed the same in his/|(^/their authorized capacity(r^, and that by his/l©-/their signatureV) on the instrument the person(i|^ 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 lM^/\y^ (Seal) YASMIN ALQURAINI Commission No. 1922207 NOTARY PUBUlC-tALIFORNIA SAN DiKGO COUNTY Mv Comm t«;:ires JANUARY 16, 2015 ACKNOWLEDGMENT State of California County of San Diego On before me, (/ (insert name and title of tne offio /fdence to be the oi personally appeared who proved to me on the basis of satisfactory ev^ence to be the Dgrson(^whose namefg) g/are sybscribed to the within instrument and acknowledged to me that @^she/they executed the same in @fher/their authorized capacity(teg;), and that by (^^/her/their 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 ^ YjMA^^^ (Seal) YASMIN ALQURAINI Commission No. 1922207 NOTARY PUBLIC-CALIFORNIA SAN DIEGO COUNTY MyComm Expires JANUARY 16.2019 ^ OPTIONAL ESCROW AGREEMENT FOR ^ SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between the Carlsbad Municipal Water District whose address is 5950 El Camino Real, Carlsbad, California, 92008, hereinafter called "District" and whose address is hereinafter called "Contractor" and whose address is ^ hereinafter called "Escrow Agent." For the consideration hereinafter set forth, the District, Contractor and Escrow Agent agree as follows: 1. Pursuant to sections 22300 and 10263 of the Public Contract Code of the State of California, the Contractor has the option to deposit securities with the Escrow Agent as a substitute for retention earnings required to be withheld by the City pursuant to the Construction Contract entered into between the District and Contractor for SANTA FE II RESERVOIR DRAINAGE AND CRIBWALL IMPROVEMENTS CONTRACT NO. 50311 in the amount of dated (hereinafter referred to as the "Contract"). Alternatively, on written request of the Contractor, the District shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the District within 10 days of the deposit. The Escrow Agent shall maintain insurance to cover negligent acts and omissions of the Escrow Agent in connection with the handling of retentions under these sections in an amount not less than $100,000 per contract. The market value of the securities at the time of the substitution shall be a least equal to the cash amount then required to be withheld as retention under the terms of the contract between the District and Contractor. Securities shall be held in the name of the District and shall designate the Contractor as the beneficial owner. 2. The District shall make progress payments to the Contractor for such funds which othenA/ise 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 District makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until such time as the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the District pays the Escrow Agent directly. 4. The Contractor shall be responsible for paying all fees for the expenses incurred by the Escrow Agent in administering the Escrow Account and all expenses of the District. These expenses and payment terms shall be determined by the District, 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 District. 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account Revised 03/21/12 Contract No. 50311 Page 38 of 95 Pages only by written notice to Escrow Agent accompanied by written authorization from District to the Escrow Agent that the District consents to the withdrawal of the amount sought to be withdrawn by Sm0^ Contractor. 7. The District 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 District of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the District. 8. Upon receipt of written notification from the City certifying that the Contract is final and complete and that the Contractor has complied with all requirements and procedures applicable to the Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. 9. The Escrow Agent shall rely on the written notifications from the District and the Contractor pursuant to sections (1) to (8), inclusive, of this agreement and the District and Contractor shall hold Escrow Agent harmless from Escrow Agent's release, conversion and disbursement of the securities and interest as set forth above. 10. The names of the persons who are authorized to give written notices or to receive written notice on behalf of the District and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: For District: Title FINANCE DIRECTOR Name Signature Address 1635 Faradav Avenue. Carisbad. CA 92008 For Contractor: Title Name Signature Address _ For Escrow Agent: Title Name Signature Address At the time the Escrow Account is opened, the District and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. ¥ Revised 03/21/12 Contract No. 50311 Page 39 of 95 Pages IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. For District: Title PRESIDENT Name Signature Address 1200 Carisbad Village Drive. Carisbad. CA 92008 For Contractor: Title Name Signature Address For Escrow Agent: Title Name Signature Address ¥ Revised 03/21/12 Contract No. 50311 Page 40 of 95 Pages GENERAL PROVISIONS FOR SANTA FE II RESERVOIR DRAINAGE AND CRIBWALL IMPROVEMENTS CONTRACT NO. 50311 CARLSBAD MUNICIPAL WATER DISTRICT 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 othen/vise stated, the words directed, required, permitted, ordered, instructed, designated, considered necessary, prescribed, approved, acceptable, satisfactory, or words of like meaning, refer to actions, expressions, and prerogatives of the Engineer. 1-1.1 Reference to Drawings. Where words "shown", "indicated", "detailed", "noted", "scheduled", or words of similar import are used, it shall be understood that reference is made to the plans accompanying these provisions, unless stated othenA/ise. 1-1.2 Directions. Where words "directed", "designated", "selected", or words of similar import are used, it shall be understood that the direction, designation or selection of the Engineer is intended, unless stated otherwise. The word "required" and words of similar import shall be understood to mean "as required to properly complete the work as required and as approved by the Engineer," unless stated othenA/lse. 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 othenA/ise stated. Where the words "approved", "approval", "acceptance", or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Engineer is intended. 1-1.4 Perform. The word "perform" shall be understood to mean that the Contractor, at its expense, shall perform all operations, labor, tools and equipment, and further, including the furnishing and installing of materials that are indicated, specified or required to mean that the Contractor, at its expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools, equipment, and transportation. 1-2 Definitions. The following words, or groups of words, shall be exclusively defined by the definitions assigned to them herein. ^¥ Revised 3/21/12 Contract No. 50201 Page 41 of 95 Addendum ~ Written or graphic instrument issued prior to the opening of Bids which clarifies, corrects, or changes the bidding or Contract Documents. The term Addendum shall include ,^ / bulletins and all other types of written notices issued to potential bidders prior to opening of Bids. Agency - The City of Carisbad, California. Agreement - See Contract. Assessment Act Contract - A Contract financed by special assessments authorized under a State Act or procedural ordinance of a City or County. Base - A layer of specified material of planned thickness placed immediately below the pavement or surfacing. Bid - The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices for the Work. Bidder - Any individual, firm, partnership, corporation, or combination thereof, submitting a Bid for the Work, acting directly or through a duly authorized representative. Board - The officer or body constituting the awarding authority of the Agency, which is the City Council for the City of Carisbad or the Board of Directors of Carisbad Municipal Water District. Bond - Bid, performance, and payment bond or other instrument of security. City Council - the City Council of the City of Carisbad. City Manager - the City Manager of the City of Carisbad or his/her approved representative. Cash Contract - A Contract financed by means other than special assessments. Change Order - A written order to the Contractor signed by the Agency directing an addition, deletion, or revision in the Work, or an adjustment in the Contract Price or the Contract time issued after the effective date of the Contract. A Change Order may or may not also be signed by the Contractor. Code - The terms Government Code, Labor Code, etc., refer to codes of the State of California. Construction Manager - the Project Inspector's immediate supervisor and first level of appeal for informal dispute resolution. Contract - The written agreement between the Agency and the Contractor covering the Work. Contract Documents - Including but not limited to; the Contract, any Addendum (which pertain to the contract documents). Notice Inviting Bids, Instructions to Bidders; Bid (including documentation accompanying the Bid and any post-bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Contract, the Bonds, the General Provisions, permits from other agencies, the Technical Specifications, the Supplemental Provisions, the Plans, Standard Plans, Standard Specifications, Reference Specifications, and all Modifications issued after the execution of the Contract. ^^IH^ Revised 3/21/12 Contract No. 50201 Page 42 of 95 Contractor - The individual, partnership, corporation, joint venture, or other legal entity having a L, Contract with the Agency to perform the Work. In the case of work being done under permit issued by the Agency, the permittee shall be constructed to be the Contractor. The term "prime contractor" shall mean Contractor. Contract Price - The total amount of money for which the Contract is awarded. Contract Unit Price - The amount stated in the Bid for a single unit of an item of work. County Sealer - The Sealer of Weights and Measures of the county in which the Contract is let. Days - Days shall mean consecutive calendar's days unless othenA/ise specified. Deputy City Engineer, Construction Management & Inspection - The Construction Manager's immediate supen/isor and second level of appeal for informal dispute resolution. Dispute Board - Persons designated by the City Manager of the City of Carisbad or Executive Manager of the Carisbad Municipal Water District, to hear and advise the City Manager on claims submitted by the Contractor. The City Manager for the City of Carisbad or the Executive Manager for the Carisbad Municipal Water District is the last appeal level for informal dispute resolution. Electrolier - Street light assembly complete, including foundation, standard, luminaire arm, luminaire, etc. Engineer - The City Engineer of the City of Carisbad or his/her approved representative. The Engineer is the third level of appeal for informal dispute resolution. Geotextile - Synthetic fiber used in civil engineering applications, serving the primary functions of separation and filtration. House Connection Sewer - A sewer, within a public street or right-of-way, proposed to connect any parcel, lot, or part of a lot with a mainline sewer. House Sewer - A sewer, wholly within private property, proposed to connect any building to a house connection sewer. Luminaire - The lamp housing including the optical and socket assemblies (and ballast if so specified). Luminaire Arm - The structural member, bracket, or mast arm, which, mounted on the standard, supports the luminaire. Minor Bid Item - A single contract item constituting less than 10 percent (10%) of the original Contract Price bid. ^ ^.^ ^. Modification - Includes Change Orders and Supplemental Agreements. A Modification may only be used after the effective date of the Contract. Notice of Award - The written notice by the Agency to the successful Bidder stating that upon compliance by it with the required conditions, the Agency will execute the Contract. Notice to Proceed - A written notice given by the Agency to the Contractor fixing the date on ^^0^ which the Contract time will start. Revised 3/21/12 Contract No. 50201 Page 43 of 95 Own Organization - When used in Section 2-3.1 - Employees of the Contractor who are hired, directed, supervised and paid by the Contractor to accomplish the completion of the Work. Further, such employees have their employment taxes. State disability insurance payments. State and Federal income taxes paid and administered, as applicable, by the Contractor. When used in Section 2-3.1 "own organization" means construction equipment that the Contractor owns or leases and uses to accomplish the Work. Equipment that is owner operated or leased equipment with an operator is not part of the Contractor's Own Organization and will not be included for the purpose of compliance with Section 2-3.1. Person - Any individual, firm, association, partnership, corporation, trust, joint venture, or other legal entity. Plans - The drawings, profiles, cross sections, working drawings, and supplemental drawings, or reproductions thereof, approved by the Engineer, which show the location, character, dimensions, or details of the Work. Private Contract - Work subject to Agency inspection, control, and approval, involving private funds, not administered by the Agency. Project Inspector - The Engineer's designated representative for inspection, contract administration and first level for informal dispute resolution. Proposal - See Bid. Reference Specifications - Those bulletins, standards, rules, methods of analysis or test, codes, and specifications of other agencies, engineering societies, or industrial associations referred to in the Contract Documents. These refer to the latest edition, including amendments in ^^^mn. effect and published at the time of advertising the project or issuing the permit, unless '^j specifically referred to by edition, volume, or date. Roadway - The portion of a street reserved for vehicular use. Service Connection - Service connections are all or any portion of the conduit, cable, or duct, including meter, between a utility distribution line and an individual consumer. Sewer - Any conduit intended for the reception and transfer of sewage and fluid industrial waste. Specifications - General Provisions, Standard Specifications, Technical Specifications, Reference Specifications, Supplemental Provisions, and specifications in Supplemental Agreements between the Contractor and the Board. Standard - The shaft or pole used to support street lighting luminaire, traffic signal heads, mast arms, etc. Standard Plans - Details of standard structures, devices, or instructions referred to on the Plans or in Specifications by title or number. Standard Specifications - The Standard Specifications for Public Works Construction (SSPWC), the "Greenbook". State - State of California. ^¥ Revised 3/21/12 Contract No. 50201 Page 44 of 95 storm Drain - Any conduit and appurtenances intended for the reception and transfer of storm water. Street-Any road, highway, parkway, freeway, alley, walk, or way. Subbase - A layer of specified material of planned thickness between a base and the subgrade. Subcontractor - An individual, firm, or corporation having a direct contract with the Contractor or with any other Subcontractor for the performance of a part of the Work. Subgrade - For roadways, that portion of the roadbed on which pavement, surfacing, base, subbase, or a layer of other material is placed. For structures, the soil prepared to support a structure. Supervision - Supervision, where used to indicate supervision by the Engineer, shall mean the performance of obligations, and the exercise of rights, specifically imposed upon and granted to the Agency in becoming a party to the Contract. Except as specifically stated herein, supervision by the Agency shall not mean active and direct superintendence of details of the Work. Supplemental Agreement - A written amendment of the Contract Documents signed by both parties. Supplemental Provisions - Additions and revisions to the Standard Specifications setting forth conditions and requirements peculiar to the work. Surety - Any individual, firm, or corporation, bound with and for the Contractor for the acceptable performance, execution, and completion of the Work, and for the satisfaction of all obligations incurred. Tonne - Also referred to as "metric ton". Represents a unit of measure in the International System of Units equal to 1,000 kilograms. Utility - Tracks, overhead or underground wires, pipeline, conduits, ducts, or structures, sewers, or storm drains owned, operated, or maintained in or across a public right of way or private easement. Work - That which is proposed to be constructed or done under the Contract or permit, including the furnishing of all labor, materials, equipment, and services. 1-3 ABBREVIATIONS 1-3.1 General. The abbreviation herein, together with others in general use, are applicable to these Standard Specifications and to project Plans or other Contract Documents. All abbreviations and symbols used on Plans for structural steel construction shall conform to those given by the "Manual of Steel Construction" published by the American Institute of Steel Construction, Inc. ^¥ Revised 3/21/12 Contract No. 50201 Page 45 of 95 1-3.2 Common Usage Abbreviation Word or Words ABAN Abandon ABAND Abandoned ABS Acrylonitriie - butadiene - styrene AC Asphalt Concrete ACP Asbestos cement pipe ACWS Asphalt concrete wearing surface ALT Alternate APTS Apartment and Apartments AMER STD American Standard AWG American Wire Gage (nonferrous wire) BC Beginning of curve BCR Beginning of curb return BDRY Boundary BF Bottom of footing BLDG Building and Buildings BM ...Bench mark BVC Beginning of vertical curve B/W Back of wall C/C Center to center CAB Crushed aggregate base CAL/OSHA California Occupational Safety and Health Administration CalTrans California Department of Transportation CAP Corrugated aluminum pipe CB , Catch Basin Cb Curb CBP Catch Basin Connection Pipe CBR California Bearing Ratio CCR California Code of Regulations CCTV Closed Circuit TV CES Carlsbad Engineering Standards CF Curb face CF Cubic foot C&G Curb and gutter CFR Code of Federal Regulations CFS Cubic Feet per Second CIP Cast iron pipe CIPP Cast-in place pipe CL Clearance, center line CLF Chain link fence CMB Crushed miscellaneous base CMC Cement mortar-coated CML Cement mortar-lined CMWD Carlsbad Municipal Water District CO Cleanout (Sewer) COL .' Column COMM Commercial CONC Concrete CONN Connection CONST Construct, Construction COORD Coordinate CSP Corrugated steel pipe CSD Carlsbad Standard Drawings CTB Cement treated base CV Check valve CY Cubic yard D Load of pipe dB Decibels DBL Double DF Douglas fir DIA Diameter DIP Ductile iron pipe DL Dead load DR Dimension Ratio DT Drain Tile DWG Drawing DWY Driveway DWY APPR Driveway approach E Electric EA Each EC End of curve ECR End of curb return EF Each face EG Edge of gutter EGL Energy grade line El Elevation ELC Electrolier lighting conduit ELT Extra long ton ENGR Engineer, Engineering EP Edge of pavement ESMT Easement ETB Emulsion-treated base EVC End of vertical curb EWA ..Encina Wastewater Authority EXC Excavation EXP JT Expansion joint EXST Existing F Fahrenheit F&C Frame and cover F&l Furnish and install FAB Fabricate FAS Flashing arrow sign FD Floor drain FDN Foundation FED SPEC Federal Specification FG Finished grade FH Fire hydrant FL Flow line FS Finished surface FT-LB Foot-pound FTG Footing FW Face of wall G Gas GA Gauge GAL Gallon and Gallons GALV Galvanized GAR Garage and Garages GIP Galvanized iron pipe GL Ground line or grade line GM Gas meter GNV Ground Not Visible GP Guy pole GPM gallons per minute GR Grade GRTG Grating GSP Galvanized steel pipe ^¥ Revised 3/21/12 Contract No. 50201 Page 46 of 95 H High or height HB Hose bib HC House connection HDWL Headwall HGL Hydraulic grade line HORIZ Horizontal HP Horsepower HPG High pressure gas HPS High pressure sodium (Light) HYDR Hydraulic IE Invert Elevation ID Inside diameter INCL Including INSP Inspection INV Invert IP Iron pipe JC Junction chamber JCT Junction JS Junction structure JT Joint L '. Length LAB Laboratory LAT Lateral LB Pound LD Local depression LF Linear foot LH Lamp hole LL Live load LOL Layout line LONG Longitudinal LP Lamppost LPS Low pressure sodium (Light) LS Lump sum LTS Lime treated soil LWD Leucadia Wastewater District MAINT Maintenance MAX Maximum MCR Middle of curb return MEAS Measure MH Manhole, maintenance hole MIL SPEC Military specification MISC Miscellaneous MOD Modified, modify MON Monument MSL . Mean Sea Level (Reg. Standard Drawing M-12) MTBM Microtunneling Boring Machine MULT Multiple MUTCD.... Manual on Uniform Traffic Control Devices MVL Mercury vapor light NCTD North County Transit District NRCP Nonreinforced concrete pipe OBS Obsolete OC On center OD Outside diameter OE.... Outer edge OHE!!.! Overhead Electric OMWD Olivenhain Municipal Water District OPP Opposite ORIG!. Original PB Pull box PC Point of curvature PCC Portland cement concrete or point of compound curvature PCVC Point of compound vertical curve PE Polyethylene PI Point of intersection PL Property line PMB Processed miscellaneous base POC Point on curve POT Point on tangent PP Power pole PRC Point of reverse curve PRVC Point of reverse vertical curve PSI Pounds per square inch PT Point of tangency PVC Polyvinyl chloride PVMT Pavement PVT R/W Private right-of-way Q Rate of flow in cubic feet per second QUAD Quadrangle, Quadrant R Radius R&O Rock and oil R/W Right-of-way RA Recycling agent RAC Recycled asphalt concrete RAP Reclaimed asphalt pavement RBAC Rubberized asphalt concrete RC Reinforced concrete RCB Reinforced concrete box RCE Registered civil engineer RCP Reinforced concrete pipe RCV Remote control valve REF Reference REINF Reinforced or reinforcement RES Reservoir RGE Registered geotechnical engineer ROW Right-of-Way RR Railroad RSE Registered structural engineer RTE Registered traffic engineer S Sewer or Slope, as applicable SCCP Steel cylinder concrete pipe SD Storm drain SDNR San Diego Northern Railway SDR .......Standard thermoplastic pipe dimension ratio (ratio of pipe O.D. to minimum wall thickness) SDRSD San Diego Regional Standard Drawings SE Sand Equivalent SEC Section SF Square foot SFM Sewer Force Main SI International System of Units (Metric) SPEC Specifications SPPWC Standard Plans for Public Works Construction SSPWC Standard Specifications for Public Works Construction ST HWY State highway STA Station STD Standard STR Straight STR GR Straight grade STRUC Structural/Structure SW Sidewalk SWD Sidewalk drain SY Square yard T Telephone TAN Tangent TC Top of curb TEL Telephone TF Top of footing Revised 3/21/12 Contract No. 50201 Page 47 of 95 TOPO Topography VC Vertical curve TR Tract VCP Vitrified clay pipe TRANS Transition VERT Vertical TS Traffic signal or transition structure VOL Volume TSC Traffic signal conduit VWD Vallecitos Water District TSS Traffic signal standard W Water, Wider or Width, as applicable TW Top of wall WATCH Work Area Traffic Control Handbook TYP Typical Wl Wrought iron UE Underground Electric WM Water meter USA Underground Service Alert WPJ Weakened plane joint VAR Varies, Variable XCONN Cross connection VB Valve box XSEC Cross section 1-3.3 Institutions. Abbreviation Word or Words AASHTO American Association of State Highway and Transportation Officials AISC American Institute of Steel Construction ANSI American National Standards Institute API American Petroleum Institute AREA American Railway Engineering Association ASTM American Society for Testing and Materials AWPA American Wood Preservers Association AWS American Welding Society AWWA American Water Works Association FHWA Federal Highway Administration GRI Geosynthetic Research Institute NEMA National Electrical Manufacturers Association NOAA National Oceanic and Atmospheric Administration (Dept. of Commerce) UL UndenA/riters' Laboratories Inc. USGS United States Geological Survey 1-4 UNITS OF MEASURE. 1-4.1 General. U.S. Standard Measures, also called U.S. Customary System, are the principal measurement system in these specifications. However, certain material specifications and test requirements contained herein use SI units specifically and conversions to U.S. Standard Measures may or may not have been included in these circumstances. When U.S. Standard Measures are not included in parenthesis, then the SI units shall control. S.I. units and U.S. Standard Measures in parenthesis may or may not be exactly equivalent. Reference is also made to ASTM E 380 for definitions of various units of the SI system and a more extensive set of conversion factors. Revised 3/21/12 Contract No. 50201 Page 48 of 95 1 -4.2 Units of Measure and Their Abbreviations. U.S. Customary Unit (Equal To) SI Unit (AbbreviationsT fAbbrevlations) 1 mil (=0.001 in) 25.4 micrometer (^m) 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 (fT), 0.0929 square meter m 1 square yard (yd^) 0.8361 square meter (m ) 1 cubic foot (ft^) 0.0283 cubic meter (m J 1 cubic yard (yd^) 0.7646 cubic meter (m ) 1 acre 0.4047 hectare (ha) 1 U.S. gallon (gal) 3.7854 Liter (L) 1 fluid ounce (fl. oz.) 29.5735 millileter (mL) 1 pound mass (lb) (avoirdupois) 0.4536 kilogram (ka) 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 (mm /s) 1 pound force (Ibf) 4.4482 Newton (N) 1 pounds per square inch (psi) 6.8948 Kilopascal (kPa) 1 pound force per foot (Ibf/ft) 1.4594 Newton per ^ V / 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 Pahrenheit (*F): Degree Celsius ("C): °F = (1.8 X °C) + 32:..... °C = (T - 32)/1.8 SI Units (abbreviation) Commonly Used in Both Systems 1 Ampere (A) 1 Volt (V) 1 Candela (cd) 1 Lumen (Im) 1 second (s) Common Metric Prefixes -kilojk) 10!, centi (c) JU3 milli (m) lOg micro (u) 10 9 nano(n) pico (p) 1-5 SYMBOLS A Delta, the central angle or angle between tangents Z Angle % Percent Feet or minutes Inches or seconds ^ Number / per or (between words) Degree PL Property line CL Centeriine SL Survey line or station line ^¥ Revised 3/21/12 Contract No. 50201 Page 49 of 95 SECTION 2 - SCOPE AND CONTROL OF WORK 2-1 AWARD AND EXECUTION OF CONTRACT. Award and execution of Contract will be as provided for in the Specifications, Instruction to Bidders, or Notice Inviting Bids. 2-2 ASSIGNMENT. No Contract or portion thereof may be assigned without consent of the Board, except that the Contractor may assign money due or which will accrue to It under the Contract. If given written notice, such assignment will be recognized by the Board to the extent permitted by law. Any assignment of money shall be subject to all proper withholdings in favor of the Agency and to all deductions provided for in the Contract. All money withheld, whether assigned or not, shall be subject to being used by the Agency for completion of the Work, should the Contractor be in default. 2-3 SUBCONTRACTS. 2-3.1 General. Each Bidder shall comply with the Chapter of the Public Contract Code including Sections 4100 through 4113. The following excerpts or summaries of some of the requirements of this Chapter are included below for information: The Bidder shall set forth in the Bid, as provided in 4104: "(a) The name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the con- struction of the work or improvements, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of 1 percent of the prime contractor's total bid, or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the prime contractor's total bid or ten thousand dollars ($10,000), whichever is greater." "(b) The portion of the work which will be done by each such subcontractor under this act. The prime contractor shall list only one subcontractor for each such portion as is defined by the prime contractor in his bid." If the Contractor fails to specify a Subcontractor, or specifies more than one Subcontractor for the same portion of the work to be performed under the Contract (in excess of one-half of 1 percent of the Contractor's total Bid), the Contractor shall be qualified to perform that portion itself, and shall perform that portion itself, except as othenA/ise provided in the Code. As provided in Section 4107, no Contractor whose Bid is accepted shall substitute any person as Subcontractor in place of the Subcontractor listed in the original Bid, except for causes and by procedures established in Section 4107.5. This section provides procedures to correct a clerical error in the listing of a Subcontractor. Section 4110 provides that a Contractor violating any of the provisions of the Chapter violates the Contract and the Board may exercise the option either to cancel the Contract or assess the Contractor a penalty in an amount of not more than 10 percent of the subcontract involved, after a public hearing. Should the Contractor fail to adhere to the provisions requiring the Contractor to complete 60 percent of the contract price with its own organization, the Agency may at its sole discretion elect ^¥ Revised 3/21/12 Contract No. 50201 Page 50 of 95 to cancel the contract or deduct an amount equal to 10 percent of the value of the work performed in excess of 50 percent of the contract price by other than the Contractor's own organization. The Board shall be the sole body for determination of a violation of these provisions. In any proceedings under this section, the prime contractor shall be entitled to a public hearing before the Board and shall be notified ten (10) days in advance of the time and location of said hearing. The determination of the City Council shall be final. 2-3.2 Additional Responsibility. The Contractor shall give personal attention to the fulfillment of the Contract and shall keep the Work under Its control. The Contractor shall perform, with its own organization. Contract work amounting to at least 50 percent of the Contract Price except that any designated "Specialty Items" may be performed by subcontract, and the amount of any such "Specialty Items" so performed may be deducted from the Contract Price before computing the amount required to be performed by the Contractor with its own organization. "Specialty Items" will be identified by the Agency in the Bid or Proposal. Where an entire item is subcontracted, the value of work subcontracted will be based on the Contract Unit Price. When a portion of an item is subcontracted, the value of work subcontracted will be based on the estimated percentage of the Contract Unit Price. This will be determined from information submitted by the Contractor, and subject to approval by the Engineer. Before the work of any Subcontractor is started, the Contractor shall submit to the Engineer for approval a written statement showing the work to be subcontracted giving the name and business of each Subcontractor and description and value of each portion of the work to be so subcontracted. 2-3.3 Status of Subcontractors. Subcontractors shall be considered employees of the Contractor, and the Contractor shall be responsible for their work. 2-4 CONTRACT BONDS. Before execution of the Contract, the Bidder shall file surety bonds with the Agency to be approved by the Board in the amounts and for the purposes noted below. Bonds issued by a surety, who is authorized to issue bonds in California, and whose bonding limitation shown in said circular is sufficient to provide bonds in the amount required by the Contract shall be deemed to be approved unless specifically rejected by the Agency. Bonds from all other sureties shall be accompanied by all of the documents enumerated in Code of Civil Procedure 995.660 (a). The Bidder shall pay all bond premiums, costs, and incidentals. Each bond shall incorporate, by reference, the Contract and be signed by both the Bidder and Surety and the signature of the authorized agent of the Surety shall be notarized. The Contractor shall provide a faithful performance/warranty bond and payment bond (labor and materials bond) for this contract. The faithful performance/warranty bond shall be in a sum not less than one hundred percent of the total amount payable by the terms of this contract. The Contractor shall provide bonds to secure payment of laborers and materials suppliers in a sum not less than one hundred percent of the total amount payable by the terms of this contract. Both bonds shall extend in full force and effect and be retained by the Agency during this project until they are released according to the provisions of this section. 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. ^¥ Revised 3/21/12 Contract No. 50201 Page 51 of 95 All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the following documents: 1) An original, or a certified copy, of the un-revoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of the insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the execution of the bond. The financial statement shall be made by an officer's certificate as defined in Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may be verified by the oath of the principal officer or manager residing within the United States. Should any bond become insufficient, the Contractor shall renew the bond within 10 days after receiving notice from the Agency. Should any Surety at any time be unsatisfactory to the Board, notice will be given the Contractor to that effect. No further payments shall be deemed due or will be made under the contract until a new Surety shall qualify and be accepted by the Board. Changes in the Work or extensions of time, made pursuant to the Contract, shall in no way release the Contractor or Surety from its obligations. Notice of such changes or extensions shall be waived by the Surety. 2-5 PLANS AND SPECIFICATIONS. 2-5.1 General. The Contractor shall keep at the Work site a copy of the Contract Documents and Specifications, to which the Engineer shall have access at all times. The specifications for the work include the General Provisions, project technical specifications, Carisbad Engineering Standards (CES), Standard Specifications for Public Works Construction, (SSPWC), Part 2 & 3, and the latest supplements thereto, current edition at the time of bid opening as published by the "Greenbook" Committee of Public Works Standards, Inc., hereinafter designated "SSPWC", as amended. The standard drawings used for this project are the latest edition of the San Diego Area Regional Standard Drawings, hereinafter designated SDRSD, as issued by the San Diego County Department of Public Works, together with the most recent editions of the City of Carisbad Engineering Standards and Carisbad Standard Drawings, as issued by the City of Carisbad and the Carisbad Municipal Water District, hereinafter designated as CES and CSD, respectively. Copies of some of the pertinent standard drawings are enclosed as an appendix to these General Provisions. The Plans, Specifications, and other Contract Documents shall govern the Work. The Contract Documents are intended to be complementary and cooperative. Anything specified in the Specifications and not shown on the Plans, or shown on the Plans and not specified in the Specifications, shall be as though shown on or specified in both. The Plans shall be supplemented by such working drawings and shop drawings as are necessary to adequately control the Work. The Contractor shall ascertain the existence of any conditions affecting the cost of the Work through a reasonable examination of the Work site prior to submitting the Bid. Revised 3/21/12 Contract No. 50201 Page 52 of 95 c Existing improvements visible at the Work site, for which no specific disposition is made on the Plans, but which interfere with the completion of the Work, shall be removed and disposed of by the Contractor. The Contractor shall, upon discovering any error or omission in the Plans or Specifications, immediately call it to the attention of the Engineer. 2-5.2 Precedence of Contract Documents. If there is a conflict between Contract Documents, the document highest in precedence shall control. The precedence shall be the most recent edition of the following documents listed in order of highest to lowest precedence: 1 2 3 4 5 6 Permits from other agencies as may be required by law. Change orders, whichever occurs last. Technical Specifications Contract addenda, whichever occurs last. Contract Carisbad General Provisions, and Supplemental Provisions. Standards plans. a) City of Carisbad Standard Drawings. b) Carisbad Municipal Water District Standard Drawings. c) City of Carisbad modifications to the San Diego Area Regional Standard Drawings. d) San Diego Area Regional Standard Drawings. e) Traffic Signal Design Guidelines and Standards. f) State of California Department of Transportation Standard Plans. g) State of California Department of Transportation Standard Specifications. h) California Manual on Uniform Traffic Control Devices (CA MUTCD). 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. 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 othenA/ise specified in the Special Provisions. Each submittal shall be accompanied by a letter of transmittal. Each submittal shall be consecutively numbered. Resubmittals shall be labeled with the number of Revised 3/21/12 Contract No. 50201 Page 53 of 95 the original submittal followed by an ascending alphabetical designation (e.g. The label '4-C' would indicate the third instance that the fourth submittal had been given to the Engineer). Each sheet of each submittal shall be consecutively numbered. Each set of shop drawings and submittals shall be accompanied by a letter of transmittal on the Contractor's letterhead. The Letter of Transmittal shall contain the following: 1) Project title and Agency contract number. 2) Number of complete sets. 3) Contractor's certification statement. 4) Specification section number(s) pertaining to material submitted for review. 5) Submittal number (Submittal numbers shall be consecutive including subsequent submittals for the same materials.) 6) Description of the contents of the submittal. 7) Identification of deviations from the contract documents. When submitted for the Engineer's review. Shop Drawings shall bear the Contractor's certification that the Contractor has reviewed, checked, and approved the Shop Drawings and that they are in conformance with the requirements of the Contract Documents. The Contractor shall subscribe to and shall place the following certification on all submittals: "I hereby certify that the (equipment, material) shown and marked in this submittal is that proposed to be incorporated into this Project, is in compliance with the Contract Documents, can be installed in the allocated spaces, and is submitted for approval." By: Title: Date: Company Name: 2-5.3.2 Worl<ing Drawings. Working drawings are drawings showing details not shown on the Plans which are required to be designed by the Contractor. Working drawings shall be of a size and scale to clearly show all necessary details. Six copies and one reproducible shall be submitted. If no revisions are required, three of the copies will be 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) 1 2 3 4 5 6 7 8 9 10 11 /\ 7-10.4.1 207-2.5 207-8.4 207-10.2.1 300-3.2 303-1.6.1 303- 1.7.1 303- 3.1 304- 1.1.1 304-1.1.2 304- 2.1 Revised 3/21/12 Safety Orders Joints Joints General Cofferdams General General General Shop Drawings Falsework Plans General Contract No. 50201 Trench Shoring Reinforced Concrete Pipe Vitrified Clay Pipe Fabricated Steel Pipe Structure Excavation & Backfill Falsework Placing Reinforcement Prestressed Concrete Construction Structural Steel Structural Steel Metal Hand Railings Page 54 of 95 12 306-2.1 General Jacking Operations 13 306-3.1 General Tunneling Operations 14 306-3.4 Tunnel Supports Tunneling Operations 15 306-6 Remodeling Existing Sewer Facilities Polyethylene Liner Installation 16 306-8 Microtunneling Microtunneling Operations 17 307-4.3 Controller Cabinet Wiring Diagrams Traffic Signal Construction Working drawings listed above as Items 5, 6, 8, 9, 10, 12, 13,14 and 16 shall be prepared by a Civil or Structural Engineer registered by the State of California. 2-5.3.3 Shop Drawings. Shop drawings are drawings showing details of manufactured or assembled products proposed to be incorporated into the Work. Shop drawings required shall be as specified in the Special Provisions. 2-5.3.4 Supporting Information. Supporting information is information required by the Specifications for the purposes of administration of the Contract, analysis for verification of conformance with the Specifications, the operation and maintenance of a manufactured product or system to be constructed as part of the Work, and other information as may be required by the Engineer. Six copies of the supporting information shall be submitted to the Engineer prior to the start of the Work unless othenA/ise specified in the Special Provisions or directed by the Engineer. Supporting information for systems shall be bound together and include all manufactured items for the system. If resubmlttal is not required, three copies will be returned to the Contractor. Supporting information shall consist of the following and is required unless othenA/ise specified in the Special Provisions: 1) List of Subcontractors per 2-3.2. 2) List of Materials per 4-1.4. 3) Certifications per 4-1.5. 4) Construction Schedule per 6-1. 5) Confined Space Entry Program per 7-10.4.4. 6) Concrete mix designs per 201-1.1. 7) Asphalt concrete mix designs per 203-6.1. 8) Data, including, but not limited to, catalog sheets, manufacturer's brochures, technical bulletins, specifications, diagrams, product samples, and other information necessary to describe a system, product or item. This information is required for irrigation systems, street lighting systems, and traffic signals, and may also be required for any product, manufactured item, or system. 2-5.4 RECORD DRAWINGS. The Contractor shall provide and keep up-to-date a complete "as- built" record set of blue-line prints, which shall be corrected in red daily and show every change from the original drawings and specifications and the exact "as-built" locations, sizes and kinds of equipment, underground piping, valves, and all other work not visible at surface grade. Prints for this purpose may be obtained from the Agency at cost. This set of drawings shall be kept on the job and shall be used only as a record set and shall be delivered to the Engineer within ten (10) days of completion of the work. Payment for performing the work required by Section 2-5.4 shall be included in bid item No. 3 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 othenA/ise provided, the Contractor shall furnish all materials, equipment, tools, labor, and incidentals necessary to complete the Work. 2-7 SUBSURFACE DATA. All soil and test hole data, water table elevations, and soil analyses shown on the drawings or included in the Specifications apply only at the location of the test holes and to the depths indicated. Soil test reports for test holes which have been drilled are available for inspection at the office of the Engineer. Any additional subsurface exploration shall be done by Bidders or the Contractor at their own expense. ^¥ Revised 3/21/12 Contract No. 50201 Page 55 of 95 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. Access road is within SDG&E's utilitiy easement, no work or storage of materials is permited within SDG&E's rigt of way. On-Site storage must be within CMWD's property. Rights-of-way, easements, or rights-of-entry for the Work will be provided by the Agency. Unless OthenA/ise provided, the Contractor shall make arrangements, pay for, and assume ail responsibility for acquiring, using, and disposing of additional work areas and facilities temporarily required. The Contractor shall indemnify and hold the Agency harmless from all claims for damages caused by such actions. 2-9 SURVEYING. 2-9.1 Permanent Survey Markers. The Contractor shall not cover or disturb permanent survey monuments or benchmarks without the consent of the Engineer. Where the Engineer concurs, in writing, with the Contractor that protecting an existing monument in place is impractical, the Contractor shall employ a licensed land surveyor or a registered civil engineer authorized to practice land surveying within the State of California, hereinafter Surveyor, to establish the location of the monument before it is disturbed. The Contractor shall have the monument replaced by the Surveyor no later than thirty (30) days after construction at the site of the replacement is completed. The Surveyor shall file corner record(s) as required by §§ 8772 and 8773, et seq. of the California Business and Professions Code. When a change is made in the finished elevation of the pavement of any roadway in which a permanent survey monument is located, the Contractor shall adjust the monument frame and cover to the new grade within 7 days of paving unless the Engineer shall approve othenA/ise. Monument frames and covers shall be protected during street sealing or painting projects or be cleaned to the '-^^ satisfaction of the Engineer. 2-9.2 Survey Service. The Contractor shall hire and pay for the services of a Surveyor, hereinafter Surveyor to perform all work necessary for establishing control, construction staking, records research and all other sun/eying work necessary to construct the work, provide surveying services as required herein and provide surveying, drafting and other professional services required to satisfy the requirements of the Land Surveyors Act. Surveyor shall be resident on the site during all surveying operations and shall personally supervise and certify the surveying work. 2-9.2.1 Submittal of Surveying Data, All surveying data submittals shall conform to the requirements of Section 2-5.3.3, "Submittals", herein. The Contractor shall submit grade sheets to the Engineer before commencing work in the area affected by the grade sheets. The Contractor shall submit 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 (8V2" by 11") paper. The field notes, calculations and supporting data shall be clear and complete. Supporting data shall include all maps, affidavits, plats, field notes from eariier 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 documentafion 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 monuments, bolts, spikes, ^ leaded tacks and nails (when set in concrete), iron pipes, reinforcing steel and all monuments and marks that are at, or accessory to, property corners and street centeriines are permanent survey /\ Revised 3/21/12 Contract No. 50201 Page 56 of 95 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 sun/eying including the unadjusted rafio of closure. The unadjusted ratio of closure shall not exceed 1 part in 40,000. The record of survey shall show the locafion and justification of location of all permanent monuments set and their relation to the street right-of-way. Record(s) of Sun/ey(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 locafion and grade of future curbs adjacent to traffic signal locafions where the curb is not being built as a part of this contract. Staking and marking shall be completed by the Surveyor and inspected and approved by the Engineer before the start of construction in the area marked. Centeriine monument shall have the disk stamped with the date the monument was set and the registrafion number of the Surveyor. Habitat mifigafion 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 locafion of such adjacent ufility vaults, poles or other facilifies 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. All guard stakes, line stakes and lath shall be fiagged. Unless othenA/ise approved by the Engineer flagging, paint and marking cards shall be the color specified in TABLE 2-9.2.2(B) TABLE 2-9.2.2(B) Type of Stake Description Color* Horizontal Control Coordinated control points, control lines, control reference points, centerline, White/Red Vertical Control Bench marks White/Orange Clearina Yellow/Black Grading Slope, intermediate slope, abutment fill, rough grade, contour grading, final Yellow Structure Bridges, sound and retaining walls, box culverts, etc. White Drainage, Sewer, Curb Pipe culverts, junction boxes, drop inlets, headwalls, sewer lines, storm drains, slope protection, curbs, gutters, etc. Blue Riqht-of-Way Fences, RJ W lines, easements, property monuments, etc. White/Yellow Miscellaneous Signs, railings, barriers, Hghting, etc. Orange Flagging and marking cards, if used. 2-9.2.3 Payment for Survey, Payment for work performed to satisfy the requirements of Secfions 2- 9.1 "through 2-9.2.2 shall be included in bid item No. 2 and no addifional payment will be made. Extension of unit prices for extra work shall include full compensafion for attendant survey work and no addifional payment will be made. Payment for the replacement of disturbed monuments and the filing of records of survey and/or corner records, including filing fees, shall be incidental to the work necessitafing the disturbance of said monuments and no addifional payment will be made. 2-9.3 Private Engineers. Sun/eying by private engineers on the Work shall conform to the quality and pracfice required by the Engineer. 2-9.4 Line and Grade. All work shall conform to the lines, elevafions, and grades shown on the Plans. Revised 3/21/12 Contract No. 50201 Page 57 of 95 Three consecutive points set on the same slope shall be used together so that any variafion from a straight grade can be detected. Any such variafion shall be reported to the Engineer. In the absence of such report, the Contractor shall be responsible for any error in the grade of the finished work. Grades for underground conduits will be set at the surface of the ground. The Contractor shall transfer them to the bottom of the trench. 2-10 AUTHORITY OF BOARD AND ENGINEER. The Board has the final authority in all matters affecfing the Work. Within the scope of the Contract, the Engineer has the authority to enforce compliance with the Plans and Specificafions. The Contractor shall promptly comply with instrucfions from the Engineer or an authorized representative. The decision of the Engineer is final and binding on all quesfions relafing to: quantifies; acceptability of material, equipment, or work; execufion, progress or sequence of work; and interpretafion of the Plans, Specificafions, or other drawings. This shall be precedent to any payment under the Contract, unless OthenA/ise ordered by the Board. 2-10.1 Availability of Records, The Contractor shall, at no charge to the Agency, provide copies of all records in the Contractor's or subcontractor's possession pertaining to the work that the Engineer may request. 2-10.2 Audit And Inspection, Contractor agrees to maintain and/or make available, to the Engineer, within San Diego County, accurate books and accounfing records relative to all its activifies and to contractually require all subcontractors to this Contract to do the same. The Engineer shall have the right to monitor, assess, and evaluate Contractor's and its subcontractors performance pursuant to this Agreement, said monitoring, assessments, and evaluafions to include, but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and interviews of Contractor's staff and the staff of all subcontractors to this contract. At any fime during normal business hours and as often as the Engineer may deem necessary, upon reasonable advance nofice, Contractor shall make available to the Engineer for examinafion, 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 relafing to all matters covered by this Contract. However, any such activifies shall be carried out in a manner so as to not unreasonably interfere with Contractor's ongoing business operafions. Contractor and all subcontractors to this contract shall maintain such data and records for as long as may be required by applicable laws and regulations. 2- 11 INSPECTION. The Work is subject to inspecfion and approval by the Engineer. The Contractor shall notify the Engineer before noon of the working day before inspecfion is required. Work shall be done only in the presence of the Engineer, unless othenA/ise authorized. Any work done without proper inspecfion will be subject to rejecfion. The Engineer and any authorized representatives shall at all fimes have access to the Work during its construcfion 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 specificafions. Inspecfion of the Work shall not relieve the Contractor of the obligafion to fulfill all condifions of the Contract. SECTION 3 - CHANGES IN WORK 3- 1 CHANGES REQUESTED BY THE CONTRACTOR. 3-1.1 General. Changes in the Plans and Specificafions, requested in wrifing by the Contractor, which do not materially affect the Work and which are not detrimental to the Work or to the interests Revised 3/21/12 Contract No. 50201 Page 58 of 95 of the Agency, may be granted by the Engineer. Nothing herein shall be construed as granfing 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 addifional 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 50 percent of the Contract Price. Should it become necessary to exceed this limitafion, the change shall be by written Supplemental Agreement between the Contractor and Agency, unless both parties agree to proceed with the change by Change Order. Change Orders shall be in writing and state the dollar value of the change or established method of payment, any adjustment in contract time of completion, and when negotiated prices are involved, shall provide for the Contractor's signature indicating acceptance. 3-2.2 Payment. 3-2.2.1 Contract Unit Prices. If a change is ordered in an item of work covered by a Contract Unit Price, and such change does not involve substantial change in character of the work from that shown on the Plans or specified in the Specificafions, then an adjustment in payment will be made. This adjustment will be based upon the increase or decrease in quantity and the Contract Unit Price. If the actual quantity of an item of work covered by a Contract Unit Price and constructed in conformance with the Plans and Specifications varies from the Bid quantity by 50 percent or less, payment will be made at the Contract Unit Price. If the actual quantity of said item of work varies from the Bid quantity by more than 50 percent, payment will be made per Section 3-2.2.2 or 3-2.2.3 as appropriate. If a change is ordered in an item of work covered by a Contract Unit Price, and such change does involve a substantial change in the character of the work from that shown on the Plans or specified in the Specifications, an adjustment in payment will be made per Section 3-2.4. 3-2.2.2 Increases of More Than 50 Percent. Should the actual quantity of an item of work covered by a Contract Unit Price and constructed in conformance with the Plans and Specificafions, exceed the Bid quantity by more than 50 percent, payment for the quantity in excess of 150 percent of the Bid quantity will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Section 3-3. The Extra Work per Section 3-3, basis of payment, shall not include fixed costs. Fixed costs shall be deemed to have been recovered by the Contractor through payment for 150 percent of the Bid quantity at the Contract Unit Price. 3-2.2.3 Decreases of More Than 50 Percent. Should the actual quantity of an item of work covered by a Contract Unit Price, and constructed In conformance with the Plans and Specificafions, be less than 50 percent of the Bid quantity, an adjustment in payment will not be made unless so requested in writing by the Contractor. If the Contractor so requests, payment will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Section 3-3; however, in no case will payment be less than would be made for the actual quantity at the Contract Unit Price nor more than would be made for 50 percent of the Bid quantity at the Contract Unit Price. Revised 3/21/12 Contract No. 50201 Page 59 of 95 3-2.3 Stipulated Unit Prices. Stipulated Unit Prices are unit prices established by the Agency in the Contract Documents as distinguished from Contract Unit Prices submitted by the Contractor. Stipulated Unit Prices may be used for the adjustment of Contract changes when so specified in the Special Provisions. 3-2.4 Agreed Prices. Agreed Prices are prices for new or unforeseen work, or adjustments in Contract Unit Prices per Section 3-2.2, established by mutual agreement between the Contractor and the Agency. If mutual agreement cannot be reached, the Engineer may direct the Contractor to proceed on the basis of Extra Work in accordance per Section 3-3, except as othenA/ise specified in Secfions 3-2.2.2 and 3-2.2.3. 3.2.4.1 Schedule of Values. Prior to construcfion. Contractor shall provide a schedule of values for all lump sum bid items that shall be used for the purpose of progress payments. The prices shall be valid for the purpose of change orders to the project. 3.2.5 Eliminated Items. Should any Bid item be eliminated in its entirety, payment will be made to the Contractor for its actual costs incurred in connection with the eliminated item prior to notification in writing from the Engineer so stafing 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 notificafion of eliminafion by the Engineer, and if the order for that material cannot be canceled, payment will be made to the Contractor for the actual cost of the material. In this case, the material shall become the property of the Agency. Payment will be made to the Contractor for its actual costs for any further handling. If the material is returnable, the material shall be returned and payment will be made to the Contractor for the actual cost of charges made by the supplier for returning the material and for handling by the Contractor. Actual costs, as used herein, shall be computed on the basis of Extra Work per Section 3-3. 3-3 EXTRA WORK. 3-3.1 General. New or unforeseen work will be classified as "extra work" when the Engineer determines that it is not covered by Contract Unit Prices or stipulated unit prices. 3-3.2 Payment. 3-3.2.1 General. When the price for the extra work cannot be agreed upon, the Agency will pay for the extra work based on the accumulation of costs as provided herein. 3-3.2.2 Basis for Establishing Costs. (a) Labor. The costs of labor will be the actual cost for wages of workers performing the extra work at the time the extra work is done, plus employer payments of payroll taxes, workers compensation insurance, liability insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs, resulting from Federal, State, or local laws, as well as assessments or benefits required by lawful collective bargaining agreements. The use of a labor classificafion which would increase the extra work cost will not be permitted unless the Contractor establishes the necessity for such addifional costs. Labor costs for equipment operators and helpers shall be reported only when such costs are not included in the invoice for equipment rental. The labor cost for foremen shall be proportioned to all of their assigned work and only that applicable to extra work will be paid. Nondlrect labor costs, including superintendence, shall be considered part of the markup of Secfion 3-3.2.3 (a). Revised 3/21/12 Contract No. 50201 Page 60 of 95 (b) Materials. The cost of materials reported shall be at invoice or lowest current price at which such materials are locally available and delivered to the job site in the quantities involved, plus sales tax, freight, and delivery. The Agency reserves the right to approve materials and sources of supply, or to supply materials to the Contractor if necessary for the progress of the Work. No markup shall be applied to any material provided by the Agency. (c) Tool and Equipment Rental. No payment will be made for the use of tools which have a replacement value of $200 or less. Regardless of ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs shall be the edition of the, "Labor Surcharge and Equipment Rental Rates" published by CALTRANS, 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 alt incidentals. Necessary loading and transportation costs for equipment used on the extra work shall be included. If equipment is used intermittentiy and, when not in use, could be returned to its rental source at less expense to the Agency than holding it at the Work site, it shall be returned, unless the Contractor elects to keep it at the Work site, at no expense to the Agency. All equipment shall be acceptable to the Engineer, in good working condition, and suitable for the purpose for which it is to be used. Manufacturer's ratings and approved modificafions shall be used to classify equipment and it shall be powered by a unit of at least the minimum rafing recommended by the manufacturer. The reported rental time for equipment already at the Work site shall be the duration of its use on the extra work. This time begins when equipment is first put into actual operafion on the extra work, plus the time required to move it from its previous site and back, or to a closer site. (d) Other Items. The Agency may authorize other items which may be required on the extra work, including labor, sen/ices, material, and equipment. These items must be different in their nature from those required for the Work, and be of a type not ordinarily available from the Contractor or Subcontractors. Invoices covering all such items in detail shall be submitted with the request for payment. (e) Invoices. Vendors' invoices for material, equipment rental and other expenditures shall be submitted with the request for payment. If the request for payment is not substantiated by invoices or other documentation, the Agency may establish the cost of the item involved at the lowest price which was current at the time of the report. Revised 3/21/12 Contract No. 50201 Page 61 of 95 3-3.2.3 Markup. (a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor 20 2) Materials 15 3) Equipment Rental 15 4) Other Items and Expenditures ..15 To the sum of the costs and markups provided for in this section, 1 percent shall be added as compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in Section 3-3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. 3-3.3 Daily Reports by Contractor. When the price for the extra work cannot be agreed upon, the Contractor shall submit a daily report to the Engineer on forms approved by the Agency. Included are applicable delivery fickets, lisfing all labor, materials, and equipment involved for that day, and other services and expenditures when authorized. Payment for extra work will not be made unfil such fime that the Contractor submits completed daily reports and all supporting documents to the Engineer. Failure to submit the daily report by the close of the next working day may waive any rights for that day. An attempt shall be made to reconcile the report daily, and it shall be signed by the Engineer and the Contractor. In the event of disagreement, pertinent notes shall be entered by each party to explain points which cannot be resolved immediately. Each party shall retain a signed copy of the report. Reports by Subcontractors or others shall be submitted through the Contractor. The report shall: 1. Show names of workers, classifications, and hours worked. 2. Describe and list quantities of materials used. 3. Show type of equipment, size, identificafion number, and hours of operation, including loading and transportation, if applicable. 4. Describe other services and expenditures in such detail as the Agency may require. 3-4 CHANGED CONDITIONS. The Contractor shall promptly notify the Engineer of the following Work site conditions (hereinafter called changed conditions), in writing, upon their discovery and before they are disturbed: 1. Subsurface or latent physical conditions differing materially from those represented in the Contract; 2. Unknown physical conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in work of the character being performed; and 3. Material differing from that represented in the Contract which the Contractor believes may be hazardous waste, as defined in Secfion 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law. "^*^ Revised 3/21/12 Contract No. 50201 Page 62 of 95 The Engineer will promptly invesfigate condifions which appear to be changed condifions. If the Engineer determines that condifions are changed condifions and they will materially affect ^"^"-^ performance fime, 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 wrifing. This nofice will also advise the Contractor of its obligafion 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 entitied to the payment of any additional compensation for any act, or failure to act, by the Engineer, including failure or refusal to issue a change order, or for the happening of any event, thing, occurrence, or other cause, unless the Contractor shall have first given the Engineer due written notice of potential claim as hereinafter specified. Compliance with this secfion shall not be required as a prerequisite to nofice provisions in Secfion 6-7.3 Contract Time Accounting, nor to any claim that is based on differences in measurement or errors of computation as to contract quantities. The written notice of potential claim for changed conditions shall be submitted by the Contractor to the Engineer upon their discovery and prior to the time that the Contractor performs the work giving rise to the potential claim. The Contractor's failure to give written notice of potential claim for changed conditions to the agency upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall provide the City with a written document containing a description of the particular circumstances giving rise to the potential claim, the reasons for which the Contractor believes additional compensation may be due and nature of any and all costs involved within 20 working days of the date of service of the written notice of potential claim for changed conditions. Verbal notifications are disallowed. The potenfial claim shall include the following certificafion relafive to the California False Claims Act, Government Code Sections 12650-12655. "The undersigned certifies that the above statements are made in full cognizance of the California False Claims Act, Government Code Secfions 12650-12655. The undersigned further understands and agrees that this potential claim, unless resolved, must be restated as a claim in response to the City's proposed final estimate in order for it to be further considered." By: Title: Date: Company Name: The Contractor's estimate of costs may be updated when actual costs are known. The Contractor shall submit substantiation of its actual costs to the Engineer within 20 working days after the affected work is completed. Failure to do so shall be sufficient cause for denial of any claim subsequently filed on the basis of said nofice of potenfial claim. It is the intenfion of this secfion that differences between the parties arising under and by virtue of the contract be brought to the attention of the Engineer at the eariiest possible time in order that such matters be settled, if possible, or other appropriate action promptiy taken. Revised 3/21/12 Contract No. 50201 Page 63 of 95 3-5 DISPUTED WORK. The Contractor shall give the agency written notice of potential claim prior to commencing any disputed work. Failure to give said notice shall constitute a waiver of all claims in connection therewith. If the contractor and the agency are unable to reach agreement on disputed work, the Agency may direct the contractor to proceed with the work. Prior to proceeding with dispute resolution pursuant to Public Contract Code provisions specified hereinafter, the contractor shall attempt to resolve all disputes informally through the following dispute resolution chain of command: 1. Project Inspector 2. Construction Manager 3. Deputy City Engineer, Construction Management & Inspection 4. City Engineer 5. City Manager The Contractor shall submit a complete report within 20 working days after completion of the disputed work stating its position on the claim, the contractual basis for the claim, along with all documentation supporting the costs and all other evidentiary materials. At each level of claim or appeal of claim the City will, within 10 working days of receipt of said claim or appeal of claim, review the Contractor's report and respond with a position, request additional information or request that the Contractor meet and present its report. When additional information or a meeting is requested the City will provide its position within 10 working days of receipt of said additional information or Contractor's presentation of its report. The Contractor may appeal each level's position up to the City Manager after which the Contractor may proceed under the provisions of the Public Contract Code. The authority within the dispute resolution chain of command is limited to recommending a resolution to a claim to the City Manager. Actual approval of the claim is subject to the change order provisions in the contract. All claims by the contractor for $375,000 or less shall be resolved in accordance with the procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Section 20104) which is set forth below: 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 resulfing 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 Secfion 10240) of Chapter 1 of Part 2. (b) (1) "Public work" has the same meaning as in Secfions 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 fime 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 othenA/ise expressly provided for or the claimant Is not OthenA/ise entitied 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 specificafions for any work which may give rise to a claim under this article. ^^fm^^ (d) This article applies only to contracts entered into on or after January 1,1991. J Revised 3/21/12 Contract No. 50201 Page 64 of 95 20104.2. For any claim subject to this article, the following requirements apply: (a) The claim shall be in wrifing and include the documents necessary to substanfiate 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 othenA/ise 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 wrifing to any written claim within 45 days of receipt of the claim, or may request, in wrifing, within 30 days of receipt of the claim, any addifional documentafion supporting the claim or relafing to defenses to the claim the local agency may have against the claimant. (2) If addifional 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 wrifing to all written claims within 60 days of receipt of the claim, or may request, in wrifing, 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 Secfion 910) of Part 3 of Division 3.6 of Titie 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 acfions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Titie 1 of the Government Code. 20104.4. The following procedures are established for all civil actions filed to resolve claims subject to this article: (a) Within 60 days, but no eariier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediafion unless waived by mutual sfipulation of both parties. The mediafion process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator. (b) (1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Revised 3/21/12 Contract No. 50201 Page 65 of 95 Chapter 2.5 (commencing with Section 1141.10) of Titie 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Titie 3 of Part 4 of the Code of Civil procedure) shall apply to any proceeding brought under the subdivision consistent with the rules pertaining to judicial arbitration. (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable houriy rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds. (3) In addition to Chapter 2.5 (commencing with Section 1141.10) Titie 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo. (c) The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process. 20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed except as otherwise provided in the contract. (b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law. Although not to be construed as proceeding under extra work provisions, the Contractor shall keep and furnish records of disputed work in accordance with Section 3-3. SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP. 4-1.1. General. All materials, parts, and equipment furnished by the Contractor in the Work shall be new, high grade, and free from defects. Quality of work shall be in accordance with the generally accepted standards. Material and work quality shall be subject to the Engineer's approval. Materials and work quality not conforming to the requirements of the Specifications shall be considered defective and will be subject to rejection. Defective work or material, whether in place or not, shall be removed immediately from the site by the Contractor, at its expense, when so directed by the Engineer. If the Contractor fails to replace any defective or damaged work or material after reasonable notice, the Engineer may cause such work or materials to be replaced. The replacement expense will be deducted from the amount to be paid to the Contractor. Used or secondhand materials, parts, and equipment may be used only if permitted by the Specificafions. 4-1.2 Protection of Work and Materials. The Contractor shall provide and maintain storage facilifies 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 inspecfion. The Contractor jin^ shall also adequately protect new and exisfing work and all items of equipment for the duration of theC^ Contract. Revised 3/21/12 Contract No. 50201 Page 66 of 95 The Contractor shall not, without the Agency's consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be necessary for the completion of the Contract. 4-1.3 Inspection Requirements. 4-1.3.1 General. Unless othenA/ise specified, inspection is required at the source for such typical materials and fabricated items as bituminous paving mixtures, structural concrete, metal fabrication, metal casting, welding, concrete pipe manufacture, protective coating application, and similar shop or plant operations. Steel pipe in sizes less than 18 inches and vitrified clay and cast iron pipe in all sizes are acceptable upon certificafion 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 inspecfion at the job site only. Special items of equipment such as designed electrical panel boards, large pumps, sewage plant equipment, etc., are subject to inspection at the source, normally only for performance testing. The Specificafions 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, Titie 8, Industrial Relations, Chapter 4, Division of Industrial Safety, Subchapter 4, Construction Safety Orders and such other safety regulations as may apply. Contractor shall furnish Engineer with such information as may be necessary to keep the Engineer fully informed regarding progress and manner of work and character of materials. Inspection or testing of the whole or any portion of the work or materials incorporated in the work shall not relieve Contractor from any obligation to fulfill this Contract. 4-1.3.2 Inspection of Materials Not Locally Produced. When the Contractor intends to purchase materials, fabricated products, or equipment from sources located more than 50 miles outside the geographical limits of the Agency, an inspector or accredited testing laboratory (approved by the Engineer), shall be engaged by the Contractor at its expense, to inspect the materials, equipment or process. This approval shall be obtained before producing any material or equipment. The inspector or representative of the testing laboratory shall judge the materials by the requirements of the Plans and Specifications. The Contractor shall fonA/ard reports required by the Engineer. No material or equipment shall be shipped nor shall any processing, fabricafion or treatment of such materials be done without proper inspecfion 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 site inspecfion and geotechnical tesfing services 4-1.4 Test of Material. Before incorporafion in the Work, the Contractor shall submit samples of materials, as the Engineer may require, at no cost to the Agency. The Contractor, at its expense, shall deliver the materials for testing to the place and at the time designated by the Engineer. Unless OthenA/ise provided, all initial testing will be performed under the direction of the Engineer, and at no W Revised 3/21/12 Contract No. 50201 Page 67 of 95 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 tesfing of locally produced materials and/or on-site workmanship where the results of such tests meet or exceed the requirements indicated in the Standard Specificafions, Technical Specificafion, 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 fime during their preparation and use. If, after incorporating such materials into the Work, it is found that sources of supply that have been approved do not furnish a uniform product, or if the product from any source proves unacceptable at any time, the Contractor shall furnish approved material from other approved sources. If any product proves unacceptable after improper storage, handling or for any other reason it shall be rejected, not incorporated into the work and shall be removed from the project site all at the Contractor's expense. Compaction tests may be made by the Engineer and all costs for tests that meet or exceed the requirements of the specificafions shall be borne by the Agency. Said tests may be made at any place along the work as deemed necessary by the Engineer. The costs of any retests made necessary by noncompliance with the specifications shall be borne by the Contractor. 4-1.5 Certification. The Engineer may waive materials testing requirements of the Specificafions and accept the manufacturer's written certificafion that the materials to be supplied meet those requirements. Material test data may be required as part of the certificafion. 4-1.6 Trade Names or Equals. The Contractor may supply any of the materials specified or offer an equivalent. The Engineer shall determine whether the material offered is equivalent to that specified. Adequate time shall be allowed for the Engineer to make this determination. Whenever any particular material, process, or equipment is indicated by patent, proprietary or brand name, or by name of manufacturer, such wording is used for the purpose of facilitating its description and shall be deemed to be followed by the words or equal. A listing of materials is not intended to be comprehensive, or in order of preference. The Contractor may offer any material, process, or equipment considered to be equivalent to that indicated. The substantiation of offers shall be submitted as provided in the contract documents. The Contractor shall, at its expense, furnish data concerning items offered by it as equivalent to those specified. The Contractor shall have the material tested as required by the Engineer to determine that the quality, strength, physical, chemical, or other characterisfics, including durability, finish, efficiency, dimensions, sen/ice, and suitability are such that the item will fulfill its intended ^ function. S Revised 3/21/12 Contract No. 50201 Page 68 of 95 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 hot found to be equal to the specified material, the Contractor shall furnish and install the specified material. The specified Contract completion time shall not be affected by any circumstance developing from the provisions of this section. The Contractor is responsible for the satisfactory performance of substituted Items. If, In the sole opinion of the Engineer, the substitution is determined to be unsatisfactory in performance, appearance, durability, compatibility with associated items, availability of repair parts and suitability of application the Contractor shall remove the substituted item and replace it with the originally specified item at no cost to the Agency. 4-1.7 Weighing and Metering Equipment. All scales and metering equipment used for proportioning materials shall be inspected for accuracy and certified within the past 12 months by the State of California Bureau of Weights and Measures, by the County Director or Sealer of Weights and Measures, or by a scale mechanic registered with or licensed by the County. The accuracy of the work of a scale sen/ice agency, except as stated herein, shall meet the standards of the California Business and Professions Code and the California Code of Regulafions pertaining to weighing devices. A certificate of compliance shall be presented, prior to operation, to the Engineer for approval and shall be renewed whenever required by the Engineer at no cost to the Agency. All scales shall be arranged so they may be read easily from the operator's platform or area. They shall indicate the true net weight without the application of any factor. The figures of the scales shall be cleariy legible. Scales shall be accurate to within 1 percent when tested with the plant shut down. Weighing equipment shall be so insulated against vibrafion or moving of other operafing equipment in the plant area that the error in weighing with the enfire plant running will not exceed 2 percent for any setting nor 1.5 percent for any batch. 4-1.8 Calibration of Testing Equipment. Testing equipment, such as, but not limited to pressure gages, metering devices, hydraulic systems, force (load) measuring instruments, and strain- measuring devices shall be calibrated by a testing agency acceptable to the Engineer at inten/als not to exceed 12 months and following repairs, modificafion, or relocafion of the equipment. Calibration certificates shall be provided when requested by the Engineer. 4-1.9 Construction Materials Dispute Resolution (Soils, Rock Materials, Concrete, Mortar and Related Materials, Masonry Materials, Bituminous Materials, Rock Products, and Modified Asphalts). In the interest of safety and public value, whenever credible evidence arises to contradict the test values of materials, the Agency and the Contractor will initiate an immediate and cooperative investigation. Test values of materials are results of the materials' tests, as defined by these Specificafions or by the special provisions, required to accept the Work. Credible evidence is process obsen/ations or test values gathered using industry accepted practices. A contradicfion exists whenever test values or process observations of the same or similar materials are diverse enough such that the work acceptance or performance becomes suspect. The investigation shall allow access to all test results, procedures, and facilities relevant to the disputed work and consider all available information and, when necessary, gather new and additional Information in an attempt to determine the validity, the cause, and if necessary, the remedy to the contradiction. If the cooperative ^¥ Revised 3/21/12 Contract No. 50201 Page 69 of 95 investigation reaches any resolution mechanism acceptable to both the Agency and the Contractor, the contradiction shall be considered resolved and the cooperative investigation concluded, ^^'i Whenever the cooperative investigation is unable to reach resolution, the investigation may then either conclude without resolution or continue by written notificafion of one party to the other requesting the implementation of a resolution process by committee. The continuance of the investigation shall be contingent upon recipient's agreement and acknowledged in writing within 3 calendar days after receiving a request. Without acknowledgement, the investigation shall conclude without resolution. The committee shall consist of three State of California Registered Civil Engineers. Within 7 calendar days after the written request notification, the Agency and the Contractor will each select one engineer. Within 14 calendar days of the written request notificafion, the two selected engineers will select a third engineer. The goal in selecfion of the third member is to complement the professional experience of the first two engineers. Should the two engineers fail to select the third engineer, the Agency and the Contractor shall each propose 2 engineers to be the third member within 21 calendar days after the written request notificafion. The first two engineers previously selected shall then select one of the four proposed engineers in a blind draw. The committee shall be a confinuance of the cooperative invesfigafion and will re-consider all available informafion and if necessary gather new and addifional information to determine the validity, the cause, and if necessary, the remedy to the contradiction. The committee will focus upon the performance adequacy of the material(s) using standard engineering principles and practices and to ensure public value, the committee may provide engineering recommendations as necessary. Unless OthenA/ise agreed, the committee will have 30 calendar days from its formation to complete their review and submit their findings. The final resolufion of the committee shall be by majority opinion, in writing, stamped and signed. Should the final resolufion not be unanimous, the dissenter may attach a written, stamped, and signed minority opinion. Once started, the resolufion process by committee shall confinue 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 notificafion 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 othenA/ise agreed, the Contractor shall bear and maintain a record for all the investigative costs until resolution. Should the investigation discover assignable causes for the contradiction, the assignable party, the Agency or the Contractor, shall bear all costs associated with the investigation. Should assignable causes for the contradiction extended to both parties, the investigation will assign costs cooperatively with each party or when necessary, equally. Should the investigation substantiate a contradiction without assignable cause, the investiga- tion will assign costs cooperatively with each party or when necessary, equally. Should the investigation be unable to substantiate a contradiction, the initiator of the investigation shall bear all investigative costs. All claim notification requirements of the contract pertaining to the contradiction shall be suspended until the investigation is concluded. 4-2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE. The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm the quantity and quality received, prepare storage area(s), store, handle, protect, move, relocate, remove and dispose excess of all materials used to accomplish the Work. Materials shall be delivered to the site of the work only during working hours, as defined in Secfion 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 Simr material(s) shipped. Prior to storage of any materials which have been shipped to or by the ^¥ Revised 3/21/12 Contract No. 50201 Page 70 of 95 Contractor to any locafion within the Agency's boundaries the Contractor shall provide the Engineer a copy of lease agreements for each property where such materials are stored. The lease agreement shall cleariy state the term of the lease, the description of materials allowed to be stored and shall provide for the removal of the materials and restoration of the storage site within the time allowed for the Work. All such storage shall conform to all laws and ordinances that may pertain to the materials stored and to preparation of the storage site and the location of the site on which the materials are stored. Loss, damage or deterioration of all stored materials shall be the Contractor's responsibility. Conformance to the requirements of this section, both within and outside the limits of work are a part of the Work. The Engineer shall have the right to verify the suitability of materials and their proper storage at any time during the Work. SECTION 5 - UTILITIES 5-1 LOCATION. The Agency and affected utility companies have, by a search of known records, endeavored to locate and indicate on the Plans, all utilities which exist within the limits of the work. However, the accuracy and/or completeness of the nature, size and/or location of utilities indicated on the Plans is not guaranteed. Where underground main distribution conduits such as water, gas, sewer, electric power, telephone, or cable television are shown on the Plans, the Contractor shall assume that every property parcel will be served by a service connection for each type of utility. As provided in Section 4216 of the California Government Code, at least 2 working days prior to commencing any excavation, the Contractor shall contact the regional notificafion center (Underground Service Alert of Southern California) and obtain an inquiry identificafion number. The California Department of Transportafion is not required by Section 4216 to become a member of the regional notificafion center. The Contractor shall contact it for location of its subsurface installations. The Contractor shall determine the location and depth of all utilities, including sen/ice connections, which have been marked by the respective owners and which may affect or be affected by its operations. If no pay Item is provided in the Contract for this work, full compensation for such work shall be considered as included in the prices bid for other Items of work. 5-2 PROTECTION. The Contractor shall not interrupt the service function or disturb the support of any utility without authority from the owner or order from the Agency. All valves, switches, vaults, and meters shall be maintained readily accessible for emergency shutoff. Where protection is required to ensure support of utilities located as shown on the Plans or in accordance with Section 5-1, the Contractor shall, unless othenA/ise 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: Revised 3/21/12 Contract No. 50201 Page 71 of 95 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. Where concrete is used for backfill or for structures which would result in embedment, or partial embedment, of a metallic utility installation; or where the coating, bedding or other cathodic protection system is exposed or damaged by the Contractor's operations, the Contractor shall notify the Engineer and arrange to secure the advice of the affected utility owner regarding the procedures required to maintain or restore the integrity of the system. 5-3 REMOVAL. Unless othenA/ise specified, the Contractor shall remove all interfering portions of utilities shown on the Plans or indicated In the Bid documents as "abandoned" or "to be abandoned in place". Before starting removal operations, the Contractor shall ascertain from the Agency whether the abandonment is complete, and the costs involved in the removal and disposal shall be Included in the Bid for the items of work necessitating such removals. 5-4 RELOCATION. When feasible, the owners responsible for utilities within the area affected by the Work will complete their necessary installations, relocations, repairs, or replacements before commencement of work by the Contractor. When the Plans or Specifications indicate that a ufility installation is to be relocated, altered, or constructed by others, the Agency will conduct all negotiations with the owners and work will be done at no cost to the Contractor, except for manhole frame and cover sets to be brought to grade. 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 Specificafions provide for the Contractor to alter, relocate, or reconstruct a ufility, all costs for such work shall be Included in the Bid for the Items of work necessitafing such work. Temporary or permanent relocation or alterafion of utilifies requested by the Contractor for its convenience shall be its responsibility and it shall make all arrangements and bear all costs. The utility owner will relocate service connections as necessary within the limits of the Work or within temporary construction or slope easements. When directed by the Engineer, the Contractor shall arrange for the relocation of service connections as necessary between the meter and property line, or between a meter and the limits of temporary construction or slope easements. The relocation of such service connections will be paid for in accordance with provisions of Section 3-3. Payment will include the restoration of all existing improvements which may be affected thereby. The Contractor may agree with the owner of any utility to disconnect and reconnect interfering service connections. The Agency will not be involved in any such agreement. In conformance with Section 5-6 the Contractor shall coordinate the work with utility agencies and companies. Prior to the installation of any and all utility structures within the limits of work by any utility agency or company, or its contractor, the Contractor shall place all curb or curb and gutter that is a part of the work and adjacent to the location where such utility structures are shown on the plans and are noted as being located, relocated or are othenA/ise 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 L^gJ temporarily omit the portion of work affected by the utility. If such temporary omission is approved by ^¥ Revised 3/21/12 Contract No. 50201 Page 72 of 95 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 compensation will be allowed therefore or for additional work, materials or delay associated with the temporary omission. The portion thus omitted shall be constructed by the Contractor immediately following the relocation of the utility involved unless othenA/ise 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 notificafion shall be included as a part of the construction schedule required in Section 6-1. The Contractor shall notify the Engineer in writing of any subsequent changes in the construction schedule which will affect the time available for protection, removal, or relocation of utilities. The Contractor will not be entitied to damages or additional payment for delays attributable to utility relocations or alterations if correctiy located, noted, and completed in accordance with Section 5-1. The Contractor may be given an extension of time for unforeseen delays attributable to unreasonably protracted interference by utilities in performing work correctly shown on the Plans. The Agency will assume responsibility for the timely removal, relocation, or protection of existing main or trunkline utility facilities within the area affected by the Work if such utilities are not identified in the Contract Documents. The Contractor will not be assessed liquidated damages for any delay caused by failure of Agency to provide for the fimely removal, relocafion, or protection of such existing facilities. If the Contractor sustains loss due to delays attributable to interferences, relocations, or alterations not covered by Section 5-1, which could not have been avoided by the judicious handling of forces, equipment, or plant, there shall be paid to the Contractor such amount as the Engineer may find to be fair and reasonable compensation for such part of the Contractor's actual loss as was unavoidable and the Contractor may be granted an extension of time. 5- 6 COOPERATION. When necessary, the Contractor shall so conduct its operations as to permit access to the Work site and provide time for utility work to be accomplished during the progress of the Work. SECTION 6 - PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK 6- 1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Except as othenA/ise provided herein and unless othenA/ise prohibited by permits from other agencies as may be required by law the Contractor shall begin work within 14_ calendar days after receipt of the "Notice to Proceed". 6-1.1 Pre-Construction Meeting. After, or upon, notification of contract award, the Engineer will set the time and location for the Preconstruction Meeting. Attendance of the Contractor's management personnel responsible for the management, administration, and execution of the project is mandatory for the meeting to be convened. Failure of the Contractor to have the Contractor's responsible project personnel attend the Preconstruction Meeting will be grounds for default by Contractor per Section 6-4. No separate payment will be made for the Contractor's attendance at the meeting. The notice to proceed will only be issued on or after the completion of the preconstruction meeting. ^¥ Revised 3/21/12 Contract No. 50201 Page 73 of 95 6-1.1.1 Baseline Construction Schedule Submittal. The Contractor shall submit the Baseline Construction Schedule per the submittal requirements of Section 2-5.3. The submittal of the Baseline Construction Schedule shall Include each item and element of Sections 6-1.2 through 6- 1.2.9 and shall be on hard (paper) copy and electronic media conforming to Section 6-1.3.3 Electronic Media. 6-1.2 Preparation and Review of the Baseline Construction Schedule. The Contractor shall prepare the Baseline Construction Schedule as a Critical Path Method (CPM) Schedule In the precedence diagram method (activity-on-node) format. The Baseline Construction Schedule shall depict a workable plan showing the sequence, duration, and interdependence of all activities required to represent the complete performance of all project work as well as periods where work is precluded. The Baseline Construction Schedule shall begin with the projected date of issuance of the notice to proceed and conclude with the date of final complefion per the contract durafion. The Baseline Construcfion Schedule shall include detail of all project phasing, staging, and sequencing, including all milestones necessary to define beginning and ending of each phase or stage. 6-1.2.1 Time-Scaled Network Diagram. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a complete time-scaled network diagram showing all of the activities, logic relationships, and milestones comprising the schedule. 6-1.2.2 Tabular Listing. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a tabular listing of all of the activities, showing for each activity the identification number, the description, the duration, the early start, the eariy finish, the late start, the late finish, the total fioat, 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 SofbA/are. Not Used 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. Each acfivity'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, ufility 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 durafion 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 Construcfion 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 ^¥ Revised 3/21/12 Contract No. 50201 Page 74 of 95 Construction Schedule must be submitted, reflecting the shorter duration, in complete accordance with all schedule requirements of Section 6-1. The Engineer may choose to accept the Contractor's proposal of a project duration shorter than the duration specified; provided the Agency is safisfied the shortened Baseline Construction Schedule is reasonable and the Agency and all other entities, public and private, which interface with the project are able to support the provisions of the shortened Baseline Construction Schedule. The Agency's acceptance of a shortened duration project will be confirmed through the execufion of a contract change order revising the project durafion and implementing all contractual requirements including liquidated damages in accordance with the revised duration. 6-1.2.10 Engineer's Review. The Construction Schedule is subject to the review of the Engineer. The Engineer's determination that the Baseline Construction Schedule proposed by the Contractor complies with the requirements of these supplemental provisions shall be a condition precedent to issuance of the Notice to Proceed by the Engineer. If the Engineer determines that the Construction Schedule does not meet the requirements of these specifications the Contractor shall correct the Construcfion Schedule to meet these specificafions and resubmit it to the Engineer. Failure of the Contractor to obtain the Engineer's determination that the initial Construction Schedule proposed by the Contractor complies with the requirements of these supplemental provisions within thirty (30) working days after the date of the preconstruction meeting shall be grounds for termination of the contract per Section 6-4. Days used by the Engineer to review the initial Construction Schedule will not be included in the 30 working days. The Engineer will review and return to the Contractor, with any comments, the Baseline Construction Schedule within 15 working days of submittal. The Baseline Construction Schedule will be returned marked as per Sections 6-1.2.10.1 through 6-1.2.10.3. 6-1.2.10.1 "Accepted." The Contractor may proceed with the project work upon issuance of the Notice to Proceed, and will receive payment for the schedule in accordance with Section 6-1.8.1. 6-1.2.10.2 "Accepted with Comments." The Contractor may proceed with the project work upon issuance of the Notice to Proceed. The Contractor must resubmit the schedule Incorporating the comments prior to receipt of payment per Section 6-1.8.1. 6-1.2.10.3 "Not Accepted." The Contractor must resubmit the schedule Incorporating the corrections and changes of the comments prior to receipt of payment per Section 6-1.8.1. The Notice to Proceed will not be issued by the Engineer if the changes of the comments are not submitted as required hereinbefore and marked "Accepted" or "Accepted with Comments" by the Engineer. The Contractor, at the sole option of the Engineer, may be considered as having defaulted the contract under the provisions of Section 6-4 DEFAULT BY CONTRACTOR if the changes of the comments are not submitted as required hereinbefore and marked "Accepted" by the Engineer. 6-1.3 Preparation of Schedule Updates and Revisions. The Contractor shall meet with the Engineer during the last week of each month to agree upon each activity's schedule status and shall submit monthly updates of the Baseline Construction Schedule confirming the agreements no later than the fifth working day of the following month. The monthly update will be submitted on hard (paper) copy and electronic media conforming to Section 6-1.3.3 Electronic Media per the submittal requirements of Section 2-5.3 and will include each item and element of Sections 6-1.2 through 6- 1.2.9 and 6-1.3.1 through 6-1.3.7. 6-1.3.1 Actual Activity Dates. The actual dates each activity was started and/or completed during the month. After first reporting an actual date, the Contractor shall not change that actual date in later updates without specific notification to the Engineer with the update. ^¥ Revised 3/21/12 Contract No. 50201 Page 75 of 95 6-1.3.2 Activity Percent Complete. For each activity undenA/ay 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. Not Used 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 resubmlttal the Engineer will review and return the resubmitted Updated Construction Schedule to the Contractor, with any comments, within 5 working days. Failure of the Contractor to submit a monthly updated construction schedule will invoke the same consequences as the Engineer returning a monthly updated construction schedule marked "Not Accepted". 6-1.4.1 "Accepted." The Contractor may proceed with the project work, and will receive payment for the schedule in accordance with Section 6-1.8.2. 6-1.4.2 "Accepted with Comments." The Contractor may proceed with the project work. The Contractor must resubmit the Updated Construction Schedule to the Engineer incorporating the corrections and changes noted in the Engineer's comments prior to receipt of payment per Section 6-1.8.2. 6-1.4.3 "Not Accepted." The Contractor must resubmit the Updated Construction Schedule to the Engineer incorporating the corrections and changes noted in the Engineer's comments prior to receipt of payment per Section 6-1.8.2. The Contractor, at the sole option of the Engineer, may be considered as having defaulted the contract under the provisions of Section 6-4 DEFAULT BY CONtRACTOR if the changes of the comments are not submitted and marked "Accepted" by the Engineer before the last day of the month in which the Updated Construction Schedule is due. ff the Contractor falls 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 properiy 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. -^"'""l Revised 3/21/12 Contract No. 50201 Page 76 of 95 6-1.6 Interim Revisions. Should the actual or projected progress of the work become substantially different from that depicted in the Project Schedule, independently of and prior to the next monthly update, the Contractor will submit a revised Baseline Construction Schedule, with a list and explanation of each change made to the schedule. The Revised Construction Schedule will be submitted per the submittal requirements of Section 2-5.3 and per the schedule review and acceptance requirements of Section 6-1, including but not limited to the acceptance and payment provisions. As used in this section "substantially different" means a time variance greater than 5 percent of the number of days of duration for the project. 6-1.7 Final Schedule Update. The Contractor shall prepare and submit a flnal schedule update when one hundred percent of the construction work is completed. The Contractor's Final Schedule Update must accurately represent the actual dates for all activities. The final schedule update shall be prepared and reviewed per Secfions 6-1.3 Preparafion of Schedule Updates and Revisions and 6-1. 4 Engineer's Review of Updated Construction Schedule. Acceptance of the final schedule update is required for complefion 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. 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 properiy 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 specified in the Specifications. Contractor shall install temporary highline as shown on the drawings before starting work on the existing pressure reducing station and meter. Contact Water Operations for valve operations. 6-2.3 Project Meetings. The Engineer will establish the time and location of weekly Project Meetings. The Contractor's Representative shall attend each Project Meeting. The Project Representative shall be the individual determined under Section 7-6, "The Contractor's Representative". No separate payment for attendance of the Contractor, the Contractor's Representative or any other employee or subcontractor or subcontractor's employee at these meetings will be made. 6-3 SUSPENSION OF WORK. 6-3.1 General. The Work may be suspended in whole or in part when determined by the Engineer that the suspension is necessary in the interest of the Agency. The Contractor shall comply ^¥ Revised 3/21/12 Contract No. 50201 Page 77 of 95 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 othenA/ise specified in Section 6-6.3. 6-3.2 Archaeological and Paleontological Discoveries. If discovery is made of Items of archaeological or paleontological interest, the Contractor shall immediately cease excavation In the area of discovery and shall not continue until ordered by the Engineer. When resumed, excavation operations within the area of discovery shall be as directed by the Engineer. Discoveries which may be encountered may include, but not be limited to, dwelling sites, stone implements or other artifacts, animal bones, human bones, and fossils. The Contractor shall be entitled to an extension of time and compensation in accordance with the provisions of Section 6-6. 6-4 DEFAULT BY CONTRACTOR. If the Contractor falls 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 locafions 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 nofice 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 ^gm^ Agency by acts of the Contractor. The Contractor, in having tendered a Bid, shall be deemed to have (^3 waived any and all claims for damages because of cancellation of Contract for any such reason. If the Agency declares the Contract canceled for any of the above reasons, written notice to that effect shall be served upon the Surety. The Surety shall, within five (5) days, assume control and perform the Work as successor to the Contractor. If the Surety assumes any part of the Work, it shall take the Contractor's place in all respects for that part, and shall be paid by the Agency for all work performed by it in accordance with the Contract. If the Surety assumes the entire Contract, all money due the Contractor at the time of its default shall be payable to the Surety as the Work progresses, subject to the terms of the Contract. If the Surety does not assume control and perform the Work within 5 days after receiving notice of cancellation, or fails to continue to comply, the Agency may exclude the Surety from the premises. The Agency may then take possession of all material and equipment and complete the Work by Agency forces, by letting the unfinished Work to another Contractor, or by a combination of such methods. In any event, the cost of completing the Work shall be charged against the Contractor and its Surety and may be deducted from any money due or becoming due from the Agency. If the sums due under the Contract are insufficient for completion, the Contractor or Surety shall pay to the Agency within 5 days after the completion, all costs in excess of the sums due. The provisions of this section shall be in addition to all other rights and remedies available to the Agency under law. 6-5 TERMINATION OF CONTRACT. The Board may terminate the Contract at Its own discretion or when conditions encountered during the Work make It Impossible or impracticable to proceed, or when the Agency is prevented from proceeding with the Contract by act of God, by law, or by official action of a public authority. %¥ Revised 3/21/12 Contract No. 50201 Page 78 of 95 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 entitie the Contractor to an extension of time as provided herein, but the Contractor will not be entitied to damages or additional payment due to such delays, except as provided in 6-6.3. Such unforeseen events may include: war, government regulations, labor disputes, strikes, fires, floods, adverse weather or elements necessitating cessation of work, inability to obtain materials, labor or equipment, required extra work, or other specific events as may be further described in the Specifications. No extension of time will be granted for a delay caused by the Contractor's inability to obtain materials unless the Contractor furnishes to the Engineer documentary proof the proof must be provided in a timely manner in accordance with the sequence of the Contractor's operations and the approved construction schedule. If delays beyond the Contractor's control are caused by events other than those mentioned above, the Engineer may deem an extension of time to be in the best interests of the Agency. The Contractor will not be entitled to damages or additional payment due to such delays, except as provided in Section 6-6.3. If delays beyond the Contractor's control are caused solely by action or inaction by the Agency, such delays will entitie 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 othenA/ise 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 classificafion of each workman and supen/isor and the make and model of each piece of equipment placed on standby, the cumulative durafion of the standby, the Contractor's opinion of the cause of the delay and a cogent explanafion of why the Contractor could not avoid the delay by reasonable means. Should the Contractor fail to provide the nofice(s) required by this section the Contractor agrees that no delay has occurred and that it will not submit any claim(s) therefore. 6-7 TIME OF COMPLETION. 6-7.1 General. The Contractor shall complete the Work within the time set forth in the Contract. The Contractor shall complete each portion of the Work within such time as set forth in the Contract for such portion. The time of completion of the Contract shall be expressed in working days. The Contractor shall diligentiy prosecute the work to completion within 120 working days after the starting date specified in the Notice to Proceed. /\ ^¥ Revised 3/21/12 Contract No. 50201 Page 79 of 95 6-7.2 Working Day. A working day is any day within the period between the start of the Contract time as defined in Secfion 6-1 and the date provided for completion, or upon field acceptance by the Engineer for all work provided for in the Contract, whichever occurs first, other than: 1. Saturday, 2. Sunday, 3. any day designated as a holiday by the Agency, 4. any other day designated as a holiday in a Master Labor Agreement entered into by the Contractor or on behalf of the Contractor as an eligible member of a contractor association, 5. any day the Contractor is prevented from working at the beginning of the workday for cause as defined in Secfion 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 Secfion 6-6.1. Unless OthenA/ise approved in writing by the Engineer, the hours of work shall be between the hours of 7:00 a.m. and 4:00 p.m. on Mondays through Fridays, excluding Agency holidays. The Contractor shall obtain the written approval of the Engineer if the Contractor desires to work outside said hours or at any time during weekends and/or holidays. This written permission must be obtained at least 48 hours prior to such work The Engineer may approve work outside the hours and/or days stated herein when, in his/her sole opinion, such work conducted by the Contractor is beneficial to the best Interests of the Agency. The Contractor shall pay the inspection costs of such work. 6-7.3 Contract Time Accounting. The Engineer will make a daily determination of each working day to be charged against the Contract time. These determinations will be discussed and the Contractor will be furnished a periodic statement showing allowable number of working days of Contract time, as adjusted, at the beginning of the reporting period. The statement will also indicate the number of working days charged during the reporting period and the number of working days of Contract time remaining. If the Contractor does not agree with the statement, it shall file a written protest within 15 days after receipt, setting forth the facts of the protest. OthenA/ise, the statement will be deemed to have been accepted. 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY. The Work will be inspected by the Engineer for acceptance upon receipt of the Contractor's written assertion that the Work has been completed. The Engineer will not accept the Work or any portion of the Work before all of the Work is completed and all outstanding deficiencies that may exist are corrected by the Contractor and the Engineer is satisfied that all the materials and workmanship, and all other features of the Work, meet the requirements of all of the specifications for the Work. Use, temporary, interim or permanent, of all, or portions of, the Work does not constitute acceptance of the Work. If, in the Engineer's judgment, the Work has been completed and is ready for acceptance the Engineer will so certify to the Board. Upon such certificafion by the Engineer the Board may accept the completed Work. Upon the Board's acceptance of the Work the Engineer will cause a "Nofice of Completion" to be filed In the office of the San Diego County Recorder. The date of recordafion shall be the date of completion of the Work. All work shall be warranted for one (1) year after recordation of the "Notice of Completion" and any faulty work or materials discovered during the warranty period shall be repaired or replaced by the Contractor, at its expense. Twenty-five percent of the faithful performance bond shall be retained as a warranty bond for the one year warranty period. The Contractor shall replace or repair any such defective work in a manner satisfactory to the Engineer, after notice to do so from the Engineer, and within the time specified in the nofice. If the Contractor fails to make such replacement or repairs within the fime specified in the nofice, the Agency may perform this work and the Contractor's sureties shall be liable for the cost thereof ¥ Revised 3/21/12 Contract No. 50201 Page 80 of 95 6-9 LIQUIDATED DAMAGES. Failure of the Contractor to complete the Work within the fime 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 Secfion 6-6, the Contractor shall pay the Agency, or have withheld monies due it, the sum of 1,000 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 1,000.00 per day is the minimum value of costs and actual damages caused by the Contractor to complete the Work within the allotted time. Any progress payments made after the specified complefion date shall not constitute a waiver of this paragraph or of any damages. 6- 10 USE OF IMPROVEMENT DURING CONSTRUCTION. The Agency resen/es the right to take over and utilize all or part of any completed facility or appurtenance. The Contractor will be notified In writing in advance of such action. Such action by the Agency will relieve the Contractor of responsibility for injury or damage to said completed portions of the improvement resulting from use by public traffic or from the action of the elements or from any other cause, except Contractor operations or negligence. The Contractor will not be required to reclean such portions of the improvement before field acceptance, except for cleanup made necessary by Its operafions. Nothing in this section shall be construed as relieving the Contractor from full responsibility for correcfing defective work or materials. In the event the Agency exercises Its right to place into service and ufilize all or part of any completed facility or appurtenance, the Agency will assume the responsibility and liability for injury to persons or property resulting from the utilization of the facility or appurtenance so placed into service, except for any such injury to persons or property caused by any willful or negligent act or omission by the Contractor, Subcontractor, their officers, employees, or agents. SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7- 1 CONTRACTOR'S EQUIPMENT AND FACILITIES. The Contractor shall furnish and maintain in good condition all equipment and facilities as required for the proper execution and inspection of the Work. Such equipment and facilities shall meet all requirements of applicable ordinances and laws. 7-2 LABOR. 7-2.1 General. Only competent workers shall be employed on the Work. Any person employed who is found to be incompetent, intemperate, troublesome, disorderly, or othenA/ise objectionable, or who fails or refuses to perform work properiy and acceptably, shall be immediately removed from the Work by the Contractor and not be reemployed on the Work. 7-2.2 Laws. The Contractor, its agents, and employees shall be bound by and comply with applicable provisions of the Labor Code and Federal, State, and local laws related to labor. The Contractor shall strictiy 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 nondiscrimina- tion 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. 7-3 LIABILITY INSURANCE. Insurance shall be required as specified in secfion 10 of the Public Works Contract. The cost of this insurance shall be Included in the Contractor's Bid. /\ ^¥ Revised 3/21/12 Contract No. 50201 Page 81 of 95 3 7-4 WORKERS' COMPENSATION INSURANCE. Before execufion of the Contract by the Board, the Contractor shall file with the Engineer the following signed certificafion: "I am aware of the provisions of Secfion 3700 of the Labor Code which require every employer to be insured against liability for workers' compensafion or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." The Contractor shall also comply with Secfion 3800 of the Labor Code by securing, paying for, and maintaining in full force and effect for the durafion of the contract, complete Workers' Compensation Insurance, and shall furnish a Certificate of Insurance to the Engineer before execufion 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 compensafion insurance policies shall bear an endorsement or shall have attached a rider whereby it is provided that. In the event of expirafion or proposed cancellation of such policies for any reason whatsoever, the Agency shall be notified by registered mail not less than 30 days before expiration or cancellation is effective. All insurance is to be placed with insurers that are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. Policies issued by the State Compensation Fund meet the requirement for workers' compensation insurance. 7-5 PERMITS. Except as specified herein the Contractor will obtain, at no cost to the Contractor all City of Carisbad encroachment, right-of-way, grading and building permits necessary to perform work for this contract on Agency property, streets, or other rights-of-way. Contractor shall not begin work unfil all permits incidental to the work are obtained. The Contractor shall obtain and pay for all permits for the disposal of all materials removed from the project. The cost of said permit(s) shall be included in the price bid for the appropriate bid item and no additional compensation will be allowed therefore. The Contractor shall obtain and pay for all costs incurred for permits necessitated by its operations such as, but not limited to, those permits required for night work, overioad, blasting, and demolition. For private contracts, the Contractor shall obtain all permits incidental to the Work or made necessary by its operations, and pay all costs incurred by the permit requirements. The Contractor shall pay all business taxes or license fees that are required for the work. 7-5.1 Resource Agency Permits.. No resource agency permits pertain to this project. 7-6 THE CONTRACTOR'S REPRESENTATIVE. Before starting work, the Contractor shall designate in writing a representative who shall have complete authority to act for it. An alternative representative may be designated as well. The representative or alternate shall be present at the Work site whenever work is in progress or whenever actions of the elements necessitate its presence to take measures necessary to protect the Work, persons, or property. Any order or communication given to this representative shall be deemed delivered to the Contractor. A joint venture shall designate only one representative and alternate. In the absence of the Contractor or its representative, instructions or directions may be given by the Engineer to the superintendent or person in charge of the specific work to which the order applies. Such order shall be complied with promptly and referred to the Contractor or its representative. ^¥ Revised 3/21/12 Contract No. 50201 Page 82 of 95 In order to communicate with the Agency, the Contractor's representative, superintendent, or person in charge of specific work shall be able to speak, read, and write the English language. 7-7 COOPERATION AND COLLATERAL WORK. The Contractor shall be responsible for ascertaining the nature and extent of any simultaneous, collateral, and essenfial work by others. The Agency, its workers and contractors and others, shall have the right to operate within or adjacent to the Work site during the performance of such work. The Agency, the Contractor, and each of such workers, contractors and others, shall coordinate their operations and cooperate to minimize interference. The Contractor shall include in its Bid all costs involved as a result of coordinating its work with others, the Contractor will not be entitied to additional compensation from the Agency for damages resulting from such simultaneous, collateral, and essential work. If necessary to avoid or minimize such damage or delay, the Contractor shall redeploy its work force to other parts of the Work. Should the Contractor be delayed by the Agency, and such delay could not have been reasonably foreseen or prevented by the Contractor, the Engineer will determine the extent of the delay, the effect on the project, and any extension of time. 7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility companies during the relocation or construction of their lines. The Contractor may be granted a time extension if, in the opinion of the Engineer, a delay is caused by the utility company. No additional compensation will be made to the Contractor for any such delay. 7-8 PROJECT SITE MAINTENANCE. 7-8.1 Cleanup and Dust Control. Throughout all phases of construction, including suspension of work, and until the final acceptance, the Contractor shall keep the site clean and free from rubbish and debris. The Contractor shall also abate dust nuisance by cleaning, sweeping and sprinkling with water, or other means as necessary. The use of water resulting in mud on public streets will not be permitted as a substitute for sweeping or other methods. Materials and equipment shall be removed from the site as soon as they are no longer necessary. Before the final inspecfion, the site shall be cleared of equipment, unused materials, and rubbish so as to present a satisfactory clean and neat appearance. All cleanup costs shall be included in the Contractor's Bid. Care shall be taken to prevent spillage on haul routes. Any such spillage shall be removed immediately and the area cleaned. Excess excavation material from catch basins or similar structures shall be removed from the site immediately. Sufficient material may remain for use as backfill If permitted by the Specifications. Forms and form lumber shall be removed from the site as soon as practicable after stripping. Failure of the Contractor to comply with the Engineer's cleanup orders may result in an order to suspend work until the condition is corrected. No additional compensation will be allowed as a result of such suspension. Cleanup and dust control required herein shall also be executed on weekends and other non-working days when needed to preserve the health safety or welfare of the public. The Contractor shall conduct effective cleanup and dust control throughout the duration of the ^¥ Revised 3/21/12 Contract No. 50201 Page 83 of 95 Contract. The Engineer may require increased levels of cleanup and dust control that, in his/her sole discretion, are necessary to preserve the health, safety and welfare of the public. Cleanup and dust control shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. 7-8.2 Air Pollution Control. The Contractor shall not discharge smoke, dust, or any other air contaminants into the atmosphere in such quantity as will violate the regulations of any legally constituted authority. 7-8.3 Vermin Control. At the time of acceptance, structures entirely constructed under the Contract shall be free of rodents, insects, vermin, and pests. Necessary extermination work shall be arranged and paid for by the Contractor as part of the Work within the Contract time, and shall be performed by a licensed exterminator in accordance with requirements of governing authorities. The Contractor shall be liable for injury to persons or property and responsible for the elimination of offensive odors resulting from extermination operations. 7-8.4 Sanitation. The Contractor shall provide and maintain enclosed toilets for the use of employees engaged in the Work. These accommodations shall be maintained in a neat and sanitary condition. They shall also comply with all applicable laws, ordinances, and regulations pertaining to public health and sanitation of dwellings and camps. Wastewater shall not be interrupted. Should the Contractor disrupt existing sewer facilities, sewage shall be conveyed in closed conduits and disposed of in a sanitary sewer system. Sewage shall not be permitted to fiow 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 construcfion, 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 addifional payment will be made therefore. There is currently no electrical service to the project site. 7-8.6 Water Pollution Control. The Contractor shall exercise every reasonable precaution to protect channels, storm drains, and bodies of water from pollution. It shall conduct and schedule operations so as to minimize or avoid muddying and silting of said channels, drains, and waters. Water pollution control work shall consist of constructing those facilities which may be required to provide prevention, control, and abatement of water pollution. The Contractor shall comply with the California State Water Resources Control Board (SWRCB) Order Number 99-08-DWQ, National Pollutant Discharge Elimination System (NPDES) General Permit Number CAS000002, Waste Discharge Requirements (WDR's) for Discharges of Stormwater Runoff associated with Construction Activity (General Permit) and subsequent adopted modificafions and with all requirements of the Storm Water Pollufion Prevention and Monitoring Plans for this project in accordance with these regulations. The Notice of Intent (NOI) shall not be filed for the project. 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, asphalfic ^¥ Revised 3/21/12 Contract No. 50201 Page 84 of 95 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. A church and parking lot are adjacent to the site along the North side of project site. In addition CMWD has an existing Pumping Station that shall be protected. The Contractor shall repair or replace all existing improvements within the right-of-way which are not designated for removal (e.g., curbs, sidewalks, driveways, fences, walls, signs, utility installations, pavement, structures, etc.) which are damaged or removed as a result of its operations. When a portion of a sprinkler system within the right-of-way must be removed, the remaining lines shall be capped. Repairs and replacements shall be at least equal to existing improvements and shall match them in finish and dimension. Maintenance of street and traffic signal systems that are damaged, temporarily removed or relocated shall be done in conformance with 307-1.5. 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 operafions, they shall be restored or replaced in as neariy the original condifion and locafion 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 properties. All costs to the Contractor for protecfing, removing, and restoring exisfing improvements shall be included in the Bid. 7-10 PUBLIC CONVENIENCE AND SAFETY. 7-10.1 Traffic and Access. The Contractor's operations shall cause no unnecessary inconvenience. The access rights of the public shall be considered at all times. Unless othenA/ise authorized, traffic shall be permitted to pass through the Work, or an approved detour shall be provided. Safe and adequate pedestrian and vehicular access shall be provided and maintained to: fire hydrants; commercial and industrial establishments; churches, schools and parking lots; service stations and motels; hospitals; police and fire stafions; and establishments of similar nature. Access to these facilities shall be confinuous and unobstructed unless othenA/ise approved by the Engineer. Safe and adequate pedestrian zones and public transportation stops, as well as pedestrian crossings of the Work at intervals not exceeding 90 m (300 feet), shall be maintained unless othenA/ise approved by the Engineer. Vehicular access to residential driveways shall be maintained to the property line except when necessary construction precludes such access for reasonable periods of time. If backfill has been completed to the extent that safe access may be provided, and the street is opened to local traffic, the Contractor shall immediately clear the street and driveways and provide and maintain access. ^¥ Revised 3/21/12 Contract No. 50201 Page 85 of 95 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 sen/ices. Grading operations, roadway excavation and fill construction shall be conducted by the Contractor in a manner to provide a reasonably satisfactory surface for traffic. When rough grading is completed, the roadbed surface shall be brought to a smooth, even condition satisfactory for traffic. Unless OthenA/ise 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 confiict with trash pickup. The trash hauling schedule can be obtained by calling the City's contracted waste disposal company. Coast Waste Management at 929-9417. During overiay operafions, the Contractors schedule for overiay applicafion shall be designated to provide residents and business owners whose streets are to be overiaid sufficient paved parking within an 800 foot distance from their homes or businesses. Seventy-two hours prior to the start of any construction in the public right-of-way that affects vehicular traffic and/or parking or pedestrian routes, the Contractor shall give written notification of the impending disrupfion. For a full street closure, all residences and/or businesses on the affected street or alley shall be notified. For partial street closures, or curb, sidewalk and driveway repairs, the residences and/or businesses directly affected by the work shall be notified. The notificafion shall be hand delivered and shall state the date and fime the work wiH begin and its ^m^^ anficipated durafion. The notificafion shall list two telephone numbers that may be called to obtain addifional information. One number shall be the Contractor's permanent office or field office and the other number shall be a 24-hour number answered by someone who Is knowledgeable about the project. At least one of the phone numbers shall be In the (760) area code. An answering machine shall not be connected to either number. The notification shall also give a brief description of the work and simple instructions to the home or business owner on what they need to do to facilitate the construction. The Contractor shall submit the contents of the notification to the Engineer for approval. Notices shall not be distributed unfil 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 brightiy colored with contrasting printing. The material shall be equivalent in strength and durability to 65 lb. card stock. The printing on the notice shall be no smaller than 12 point. In addition to the notificafions, 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 fime of parking restriction for a duration not to exceed the time necessary to complete the work at that location. Failure of the contractor to meet the posted date requires re-posting the no parking signs 72 hours in advance of the rescheduled work. If the work is delayed or rescheduled the no parking signs shall be removed and re-posted 72 hours in advance of the rescheduled work. The preparation, materials, printing and distribution of the notifications shall be included in the contract price bid for traffic control and the Contractor will not be entitied to any additional compensation for printing and distributing these notices. The contractor shall replace all street markings and striping damaged by construction activities. ^¥ Revised 3/21/12 Contract No. 50201 Page 86 of 95 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 6 days after unloading. All materials or equipment not Installed or used In construction within 5 days after unloading shall be stored elsewhere by the Contractor at Its expense unless authorized additional storage time. Construction equipment shall not be stored at the Work site before its actual use on the Work nor for more than 5 days after it is no longer needed. Time necessary for repair or assembly of equipment may be authorized by the Engineer. Excavated material, except that which is to be used as backfill in the adjacent trench, shall not be stored in public streets unless othenA/ise permitted. After placing backfill, all excess material shall be removed immediately from the site. 7-10.3 Street Closures, Detours, Barricades. The Contractor shall comply with all applicable State, County, and City requirements for closure of streets. The Contractor shall provide barriers, guards, lights, signs, temporary bridges, fiagpersons, and watchpersons. The Contractor shall be responsible for compliance with addifional public safety requirements which may arise. The Contractor shall furnish and install signs and warning devices and promptly remove them upon completion of the Work. After obtaining the Engineers approval and at least 5 working days before closing, detouring, partially closing or reopening any street, alley or other public thoroughfare the Contractor shall notify the following: 1) The Engineer (760)602-2720 2) Carlsbad Fire Department Dispatch (760)931-2197 3) Carlsbad Police Department Dispatch (760) 931-2197 4) Carisbad Traffic Signals Maintenance (extension 2937) (760) 438-2980 5) Carlsbad Traffic Signals Operations (760)602-2752 6) North County Transit District (760) 967-2828 7) Waste Management (760) 929-9400 The Contractor shall comply with their requirements. The Contractor shall obtain the Engineer's written approval prior to deviating from the requirements of 2) through, and including, 7) above. The Contractor shall obtain the written approval no less than five working days prior to placing any traffic control that affects bus stops. The Contractor shall secure approval, in advance, from authorities concerned for the use of any bridges proposed by it for public use. Temporary bridges shall be clearly posted as to load limit, with signs and posfing conforming to current requirements covering "signs" as set forth in the Traffic Manual published by the California Department of Transportafion. This manual shall also apply to the street closures, barricades, detours, lights, and other safety devices required. All costs involved shall be included in the Bid. Traffic controls shall be in accordance with the plans. The California Manual on Uniform Traffic Control Devices (FHWA MUTCD 2003 Revision 1, as amended for use in California) and these provisions. If any component in the traffic control system is damaged, displaced, or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair said component to its original condition or replace said component and shall restore the component to its original location. In the event that the Contractor fails to install and/or maintain barricades or such other traffic signs, markings, delineation or devices as may be required herein, the Engineer may, at his/her sole option, install the traffic signs, markings, delineation or devices and charge the Contractor twenty dollars ($25.00) per day per traffic sign or device, or the actual cost of providing such traffic control facility, whichever is the greater. /\ Revised 3/21/12 Contract No. 50201 Page 87 of 95 7-10.3.1 Construction Area Signs and Control Devices. All construction traffic signs and control ^^^^ devices shall be maintained throughout the duration of work In good order and according to the approved traffic control plan. All construction area signs shall conform to the provisions of Section W 206-7.2 et seq. All temporary refiectlve pavement markers shall conform to the provisions of Secfion 214-5.1.et seq. All temporary reflective channelizers shall conform to the provisions of Section 214- 5.2 et seq. All paint for temporary traffic striping, pavement marking, and curb marking shall conform to the provisions of Section 210-1.6 et seq. except that all temporary paint shall be rapid dry water borne conforming to Section 210-1.6 for materials and Section 310-5 et seq. For workmanship. Warning and advisory signs, lights and devices installed or placed to provide traffic control, direction and/or warning shall be furnished, installed and maintained by the Contractor. Warning and advisory signs, lights and devices shall be promptly removed by the Contractor when no longer required. Warning and advisory signs that remain in place overnight shall be stationary mounted signs. Stationary signs that warn of non-existent conditions shall be removed from the traveled way and from the view of motorists in the traveled way or shielded from the view of the traveling public during such periods that their message does not pertain to existing conditions. Care shall be used in performing excavation for signs in order to protect underground facilities. All excavation required to install stationary construction area signs shall be performed by hand methods without the use of power equipment. Warning and advisory signs that are used only during working hours may be portable signs. Portable signs shall be removed from the traveled way and shielded from the view of the traveling public during non-working hours. During the hours of darkness, as defined in Division 1, Section 280, of the California Vehicle Code, portable signs shall be illuminated or, at the option of the Contractor, shall be in conformance with the provisions in Section 206-7.2 et seq. If illuminated traffic cones rather than post-type delineators are used during the hours of darkness, they shall be affixed or covered with refiective cone sleeves as specified in CALTRANS "Standard Specifications", except the sleeves shall be 7" long. Personal vehicles of the Contractor's employees shall not be parked within the traveled way, including any Secfion closed to public traffic. Whenever the Contractor's vehicles or equipment are parked on the shoulder within 6' of a traffic lane, the shoulder area shall be closed with fiuorescent traffic cones or portable delineators placed on a taper in advance of the parked vehicles or equipment and along the edge of the pavement at not less than 25' Inten/als to a point not less than 25' past the last vehicle or piece of equipment. A minimum of nine (9) cones or portable delineators shall be used for the taper. A W20-1 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted, as required herein, on a signpost or telescoping fiag tree with flags. The signpost or flag tree shall be placed where directed by the Engineer. 7-10.3.2 Maintaining Traffic. The Contractor's personnel shall not work closer than 1.8 m (6')), nor operate equipment within 0.6 m (2') from any traffic lane occupied by traffic. For equipment the than (insert minimum acceptable shy distance, eg. 0.6 m (2')) shall be measured from the closest approach of any part of the equipment as it is operated and/or maneuvered in performing the work. This requirement may be waived when the Engineer has given written authorization to the reduction in clearance that is specific to the time, duration and location of such waiver, when such reduction is shown on the traffic control plans included in these contract documents, when such reduction is shown on the traffic control plans prepared by the Contractor and approved by the Engineer or for the work of installing, maintaining and removing traffic control devices. As a condition of such waiver the Engineer may require the Contractor to detour traffic, adjust the width of, or realign the adjacent traffic lane, close the adjacent traffic lane or provide barriers. 7-10.3.3 Traffic Control System for Lane Closure. No traffic lanes shall be closed for this project. 7-10.3.4 Traffic Control for Permanent and Temporary Traffic Striping. Not Used 7-10.3.5 Temporary Pavement Delineation. Not Used Revised 3/21/12 Contract No. 50201 Page 88 of 95 7-10.3.6 Preparation of New, or Modifications and Additions to Existing, Traffic Control Plan Sheets. No traffic control plans (TCP) or Traffic Control Staging plans (TCP) are Included in the project plans. The Contractor shall not be required to have TCP prepared and submitted as a part of the Work for any construction activities that are a part of this project. 7-10.3.7 Payment The Contractor shall furnish all labor and materials to perform, install, maintain, replace and remove all traffic control as incidentals to the work with which they are associated and no other compensafion will be allowed therefore. 7-10.4 Safety. 7-10.4.1 Safety Orders. The Contractor shall have at the Work site, copies or suitable extracts of Construcfion Safety Orders, Tunnel Safety Orders and General Industry Safety Orders issued by the State Division of Industrial Safety. The Contractor shall comply with provisions of these and all other applicable laws, ordinances, and regulations. Before excavating any trench 5 feet or more in depth, the Contractor shall submit a detailed plan to the Agency showing the design of shoring, bracing, sloping, or other provisions to be made for the workers' protection from the hazard of caving ground during the excavation of such trench. If the plan varies from the shoring system standards, the plan shall be prepared by a registered Civil Engineer. No excavation shall start until the Engineer has accepted the plan and the Contractor has obtained a permit from the State Division of Industrial Safety. A copy of the permit shall be submitted to the Engineer. Payment for performing all work necessary to provide safety measures shall be included in the prices bid for other items of work except where separate bid items for excavation safety are provided, or required by law. 7-10.4.2 Use of Explosives. Explosives may be used only when authorized in writing by the Engineer, or as othenA/ise stated in the Specifications. Explosives shall be handled, used, and stored in accordance with all applicable regulations. The Engineer's approval of the use of explosives shall not relieve the Contractor from liability for claims caused by blasting operations. 7-10.4.3 Special Hazardous Substances and Processes. Materials that contain hazardous substances or mixtures may be required on the Work. A Material Safety Data Sheet as described in Section 5194 of the California Code of Regulations shall be requested by the Contractor from the manufacturer of any hazardous products used. Material usage shall be accomplished with strict adherence to California Division of Industrial Safety requirements and all manufacturer warnings and application instructions listed on the Material Safety Data Sheet and on the product container label. The Contractor shall notify the Engineer if a specified product cannot be used under safe condifions. ^¥ Revised 3/21/12 Contract No. 50201 Page 89 of 95 7-10.4.4 Confined Spaces. (a) Confined Space Entry Program. The Contractor shall be responsible for implementing, W administering and maintaining a confined space entry program (CSEP) in accordance with Sections 5156, 5157 and 5158, Title 8, CCR. Prior to starting the Work, the Contractor shall prepare and submit its comprehensive CSEP to the Engineer. The CSEP shall address all potential physical and environmental hazards and contain procedures for safe entry into confined spaces, including, but not limited to the following: 1. Training of personnel 2. Purging and cleaning the space of materials and residue 3. Potenfial isolafion and control of energy and material inflow 4. Controlled access to the space 5. Atmospheric tesfing of the space 6. Venfilafion of the space 7. Special hazards considerafion 8. Personal protecfive equipment 9. Rescue plan provisions The Contractor's submittal shall include the names of its personnel, including subcontractor personnel, assigned to the project who will have CSEP responsibilities, their CSEP training, and their specific assignment and responsibility in carrying out the CSEP. (b) Permit-Required Confined Spaces. Entry into permit-required confined spaces as defined in Secfion 5157, Titie 8, CCR may be required as a part of the Work. All manholes, tanks, vaults, pipelines, excavations, or other enclosed or partially enclosed spaces shall be considered permit- required confined spaces until the pre-entry procedures demonstrate othenA/ise. The Contractor shall implement a permit space program prior to performing any work in a permit-required confined space. A copy of the permit shall be available at all fimes for review by Contractor and Agency personnel at the Work site. (c) Payment. Payment for implemenfing, administering, and providing all equipment and personnel to perform the CSEP shall be included in the bid items for which the CSEP is required. 7-10.4.5 Safety and Protection of Workers and Public. The Contractor shall take all necessary precaufions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the work is being performed. The Contractor shall erect and properiy maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and public, and shall use danger signs warning against hazards created by such features of construction as protruding nails, hoists, well holes, and falling materials. 7-11 PATENT FEES OR ROYALTIES. The Contractor shall absorb in its Bid the patent fees or royalties on any patented article or process furnished or used in the Work. The Contractor shall indemnify and hold the Agency harmless from any legal action that may be brought for Infringement of patents. 7-12 ADVERTISING. The names, addresses and specialties of Contractors, Subcontractors, _ architects, or engineers may be displayed on removable signs. The size and location shall be subject to the Engineer's approval. ^¥ Revised 3/21/12 Contract No. 50201 Page 90 of 95 Commercial advertising matter shall not be attached to or painted on the surfaces of buildings, fences, canopies, or barricades. 7-13 LAWS TO BE OBSERVED. The Contractor shall keep fully informed of State and National laws and County and Municipal ordinances and regulations which In any manner affect those employed in the Work or the materials used in the Work or In any way affect the conduct of the Work. The Contractor shall at all times observe and comply with such laws, ordinances, and regulations. Municipal ordinances that affect this work include Chapter 11.06. Excavation and Grading. If this notice specifies locafions or possible materials, such as borrow pits or gravel beds, for use in the proposed construction project which would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the conditions established pursuant to Section 1601 et seq. of the Fish and Game Code shall become conditions of the contract. 7-14 ANTITRUST CLAIMS. Section 7103.5 of the Public Contract Code provides: "In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec 15) or Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or subcontract. The assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment of the parties." SECTION 8 - FACILITIES FOR AGENCY PERSONNEL (NOT USED) SECTION 9 - MEASUREMENT AND PAYMENT 9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK. 9-1.1 General. Unless otherwise specified, quantities of work shall be determined from measurements or dimensions In horizontal planes. However, linear quantities of pipe, piling, fencing and fimber shall be considered as being the true length measured along longitudinal axis. Unless OthenA/ise provided in Specifications, volumetric quantities shall be the product of the mean area of vertical or horizontal sections and the intervening horizontal or vertical dimension. The planimeter shall be considered an instrument of precision adapted to measurement of all areas. 9-1.2 Methods of Measurement. Materials and items of work which are to be paid for on basis of measurement shall be measured in accordance with methods stipulated in the particular sections involved. 9-1.3 Certified Weights. When payment is to be made on the basis of weight, the weighing shall be done on certified platform scales or, when approved by the Engineer, on a completely automated weighing and recording system. The Contractor shall furnish the Engineer with duplicate licensed weighmaster's certificates showing actual net weights. The Agency will accept the certificates as evidence of weights delivered. 9-1.4 Units of Measurement. The system of measure for this contract shall be the U.S. Standard Measures. %¥ Revised 3/21/12 Contract No. 50201 Page 91 of 95 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 ^'j items of work and all work appurtenant thereto. When required by the Specificafions 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 accordance with the Plans and Specificafions. Upon completion of construction. If the actual quantities show either an increase or decrease from the quantities given in the Bid schedule, the Contract Unit Prices will prevail subject to the provisions of Section 3-2.2.1. The unit and lump sum prices to be paid shall be full compensation for the items of work and all appurtenant work, including furnishing all materials, labor, equipment, tools, and incidentals. Payment will not be made for materials wasted or disposed of in a manner not called for under the Contract. This includes rejected material not unloaded from vehicles, material rejected after it has been placed, and material placed outside of the Plan lines. No compensation will be allowed for disposing of rejected or excess material. Payment for work performed or materials furnished under an Assessment Act Contract will be made ^% as provided in particular proceedings or legislative act under which such contract was awarded. Whenever any portion of the Work is performed by the Agency at the Contractor's request, the cost thereof shall be charged against the Contractor, and may be deducted from any amount due or becoming due from the Agency. Whenever immediate action is required to prevent injury, death, or property damage, and precautions which are the Contractor's responsibility have not been taken and are not reasonably expected to be taken, the Agency may, after reasonable attempt to notify the Contractor, cause such precautions to be taken and shall charge the cost thereof against the Contractor, or may deduct such cost from any amount due or becoming due from the Agency. Agency action or inaction under such circumstances shall not be construed as relieving the Contractor or its Surety from liability. Payment shall not relieve the Contractor from its obligations under the Contract; nor shall such payment be construed to be acceptance of any of the Work. Payment shall not be construed as the transfer of ownership of any equipment or materials to the Agency. Responsibility of ownership shall remain with the Contractor who shall be obligated to store any fully or partially completed work or structure for which payment has been made; or replace any materials or equipment required to be provided under the Contract which may be damaged, lost, stolen or othenA/ise degraded in any way prior to acceptance of the Work, except as provided in Section 6-10. Guarantee periods shall not be affected by any payment but shall commence on the date of recordation of the "Notice of Completion." If, within the time fixed by law, a properly executed notice to stop payment is filed with the Agency, due to the Contractor's failure to pay for labor or materials used In the Work, all money due for such labor or materials will be withheld from payment to the Contractor in accordance with applicable laws. Revised 3/21/12 Contract No. 50201 Page 92 of 95 At the expiration of 35 days from the date of acceptance of the Work by the Board, or as prescribed by law, the amount deducted from the final estimate and retained by the Agency will be paid to the Contractor except such amounts as are required by law to be withheld by properiy 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 justificafion supporting the amount of supplemental payment request. Upon receipt of the supplemental payment request, the Engineer shall, as soon as pracficable after receipt, determine whether the supplemental payment request is a proper payment request. If the Engineer determines that the supplemental payment request is not proper, then the request shall be returned to the Contractor as soon as pracficable, but not later than seven (7) days after receipt. The returned request shall be accompanied by a document setting forth In writing the reasons why the supplemental payment request was not proper. In conformance with Public Contract Code Section 20104.50, the City shall make payments within thirty (30) days after receipt of an undisputed and properiy submitted supplemental payment request from the Contractor. If payment of the undisputed supplemental payment request is not made within thirty (30) days after receipt by the Engineer, then the City shall pay Interest to the Contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure. From each progress estimate, 10 percent will be deducted and retained by the Agency, and the remainder less the amount of ail previous payments will be paid. After 50 percent of the Work has been completed and if progress on the Work is satisfactory, the deduction to be made from remaining progress estimates and from the final esfimate may be limited to $500 or 10 percent of the first half of total Contract amount, whichever is greater. No progress payment made to the Contractor or its sureties will constitute a waiver of the liquidated damages under 6-9. As provided in Secfion 22300 of the California Public Contract Code, the Contractor may substitute securities for any monies withheld by the Agency to ensure performance under the Contract. After final inspecfion, the Engineer will make a Final Payment Estimate and process a corresponding payment. This estimate will be in wrifing 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 quantifies and payment amounts and shall show all deducfions made or to be made for prior payments and amounts to be deducted under provisions of the contract. All prior esfimates and progress payments shall be subject to correcfion in the Final Payment Esfimate. Revised 3/21/12 Contract No. 50201 ' Page 93 of 95 The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make written statement disputing any bid item or change order item quantity or payment amount. The Contractor shall provide all documentation at the time of submitting the statement supporting its position. Should the Contractor fail to submit the statement and supporting documentation within the time specified, the Contractor acknowledges that full and final payment has been made for all contract bid items and change order items. If the Contractor submits a written statement with documentation in the aforementioned time, the Engineer will review the disputed item within 30 calendar days and make any appropriate adjustments on the Final Payment. Remaining disputed quantities or amounts not approved by the Engineer will be subject to resolution as specified in Secfion 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 informafion and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying payment for the disputed items. 9-3.2.1 Payment for Claims. Except for those final payment items disputed in the written statement required in Secfion 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 esfimate. Those final payment items disputed in the written statement required in Secfion 9-3.2 shall be submitted no later than 30 days after receipt of the Final Payment estimate. No claim will be considered that was not included in this written statement, nor will any claim be allowed for which written notice or protest is required under any provision of this contract including Sections 3-4 Changed Conditions, 3-5 Disputed Work, ^ 6-6.3 Payment for Delays to Contractor, 6-6.4 Written Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has complied with notice or protest requirements. The claims filed by the Contractor shall be In sufficient detail to enable the Engineer to ascertain the basis and amount of said claims. The Engineer will consider and determine the Contractor's claims and it will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying the claims. Payment for claims shall be processed within 30 calendar days of their resolution for those claims approved by the Engineer. The Contractor shall proceed with informal dispute resolution under Section 3-5, Disputed Work, for those claims remaining in dispute. 9-3.3 Delivered Materials. When provided for In the Specifications, and subject to the limitation and conditions therein, the cost of materials and equipment delivered but not incorporated into the Work will be included in the progress estimate. 9-3.3.1 Delivered Materials. The cost of materials and equipment delivered but not incorporated Into the work will not be Included in the progress estimate. 9-3.4 Mobilization. When a bid item is included in the Proposal form for mobilization and subject to the'conditions and limitations in the Specifications, the costs of work in advance of construction operations and not directly attributable to any specific bid item will be included in the progress estimate. When no such bid item is provided, payment for such costs will be considered to be^*^ included in the other items of work. Revised 3/21/12 Contract No. 50201 Page 94 of 95 9-3.4.1 Mobilization and Preparatory Work. Payment for mobilizafion and preparatory Work will be made at the sfipulated lump-sum price bid therefore in the bid schedule OR The Contract lump-sum price paid for mobilization shall not exceed 5% of the total project costs, and includes full compensation for furnishing all insurance, bonds, licenses, labor, materials, utilities, tools, equipment and incidentals, and for doing all the work involved in mobilization and preparatory work and operations. Including, but not limited to, those necessary for the movement of personnel, equipment, supplies, and incidental to preparing to conduct work on and off the project site and other offsite facilities necessary for work on the project; for all other facilities, sureties, work and operations which must be performed or costs incurred prior to beginning work on various contract items on or off the project site, excepting those specifically paid for under separate sections of these specifications. The Contractor hereby agrees that the stipulated lump sum amount is sufficient for Mobilization and Preparatory Work, as described in this section, and that the Contractor shall have no right to additional compensation for Mobilization and Preparatory Work. Progress payments for Mobilization and Preparatory Work will be made as follows: For the first progress payment (after the issuance of the Notice to Proceed), forty percent (40%) of the amount bid for Mobilization And Preparatory Work will be allowed. For the second progress payment, an additional sixty percent (60%) of the amount bid for mobilization and preparatory work will be allowed therefore. 9-4 BID ITEMS. Payment for each Bid Item shall be made at the quantity and type as listed in the Contractor's Proposal. All work shown or mentioned on the plans, in the Contract Documents, General Provisions, or Technical Provisions/Specifications shall be considered as included in the Bid Items. Contractor must protect existing utilities, improvements, landscaping, irrigation systems, and vegetation where shown to be protected-in-place on the contract drawings. If damaged during the work. Contractor is responsible to repair or replace any utilities, improvements, landscaping, irrigation systems, and vegetation at his expense. %¥ Revised 3/21/12 Contract No. 50201 Page 95 of 95 TECHNCIAL SPECIFICATIONS CITY OF CARLSBAD SANTA FE II RESERVOIR SITE DRAINAGE IMPROVEMENTS TECHNICAL SPECIFICATIONS TABLE OF CONTENTS DIVISION 01 - GENERAL REQUIREMENTS 01101 SUPPLEMENTAL INFORMATION 01200 MEASUREMENT AND PAYMENT 01330 SUBMITTALS 01360 PRECONSTRUCTION AUDIO-VIDEO DOCUMENTATION 01450 QUALITY CONTROL 01500 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS DIVISION 02 - EXISTING CONDITIONS 02050 DEMOLITION 02110 CLEARING, STRIPPING AND GRUBBING 02150 SHEETING AND SHORING 02200 EARTHWORK 02222 PROTECTING EXISTING UNDERGROUND UTILITIES 02975 HYDROSEEDING DIVISION 09 - EXTERIOR IMPROVEMENTS 09900 PAINTING AND COATING DIVISION 32 - EXTERIOR IMPROVEMENTS 32328 CRIB WALL RECONSTRUCTION END OF SECTION ^^^^ SECTION 01101 SUPPLEMENTAL INFORMATION A. General Work to be performed under this Contract shall consist of all tools, equipment, materials, supplies, and manufactured articles. Contractor shall also furnish all labor, transportation, and sen/ices including fuel, power, essential communications, and perform all work, or other operations required for the fulfillment of the Contract in strict accordance with the Contract Documents. All work, materials, and services not expressly indicated or called for in the Contract Documents which may be necessary for the complete and proper construction of the project in good faith shall be provided by the Contractor as though originally so indicated, at no increase in cost to the Owner. B. Terms Command-type sentences used in the contract documents refer to and are directed to the Contractor. C. Description of Work The work under this contract includes, but is not necessarily limited to, the following: 1. Traffic Control. 2. Demolishing and disposing of existing upper crib wall, concrete swales, inlets, and abandon downdrains, and removing and disposing of existing trees, landscaping, drainage facilities, and fencing. 3. Hauling and disposing of excess fill. 4. Grading and reconstructing lower crib wall. 5. Constructing new concrete pavement, curbs, swales, concrete apron, concrete channel, splash wall and modified inlet structure. 6. Cleaning, retexturing and painting exterior walls of prestessed concrete tank that are exposed as a result of removing the upper cribwall. 7. Providing temporary sediment and erosion control measures Including grading, drainage swales, soil binders, check dams, gravel entrances and inlet protection. 8. Implementing permanent Best Management Pracfices (BMPs) Including hydroseeding all disturbed areas that are not to be paved. 9. Constructing new high security fencing with appurtenances. JUNE 2012 CONTRACT 5031 SUPPLEMENTAL INFORMATION SANTA FE 11 RESERVOIR IMPROVEMENTS 01101-1 D. Location of Proiect Site The project facilities are generally located along Coast Avenue, south of Palomar Airport Road and North of Rancho Santa Fe Road. Refer to the Thomas Guide, San Diego County, 12th Edition, Map Page 1128, Grid Reference A3. E. Access to Proiect Site Access to the project site will be from Coast Avenue. It shall be the Contractor's responsibility to maintain and repair damages to the existing roads or adjoining properties that are caused by the Contractor's ingress or egress along the access route. Provide ingress and egress to residences, buildings, and properties at all times. All repairs to damaged roads or properties shall be equal to or better than the existing. The decision of the Owner's Representative as to the degree of repair to be performed will be final. F. Construction Testing 1. The Owner will furnish compaction testing for all bedding, backfill, and soil compaction testing. 2. The Owner shall furnish all materials testing and special inspections called for in the Contract Documents. 3. When any work is determined to be unsatisfactory, faulty or defective, or does not conform to the requirements of the Contract Documents, the costs incurred by the Owner for additional tests or inspections shall be reimbursed by the Contractor. Said costs shall be paid by the Owner and deducted from progress payments to the Contractor. G. Record Information 1. Record and as-built information for the following existing City of Carisbad facilities in the vicinity of the project sites: Drawing Name Drawing Number Santa Fe Ii Resen/oir Construction Grading Plan 83-109 Santa Fe II Reservoir Construction Grading Plan 83-109A 2. This information is available as a convenience to the Contractor only and all information contained therein shall be field verified prior to construction. H. Use of Asbestos Products Not Permitted The intent of the Contract Documents is to provide asbestos-free components throughout the project in accordance with the recent Environment Protection Agency stated policy seeking a ban on the use of all products containing asbestos. Where the Contract Documents or the referenced specifications, standards, codes, or tests refer to products containing asbestos, the ^^^^^ Contractor shall provide acceptable alternatives under those documents, or in the absence of JUNE 2012 CONTRACT 5031 SUPPLEMENTAL INFORMATION SANTA FE II RESERVOIR IMPROVEMENTS 01101-2 such referenced alternatives, he shall submit a proposed substitute to the District's Representative for review and acceptance. I. Existing Conditions and Examination of Contract Documents 1. The Bidder represents that it has carefully examined the contract documents and the site where the Work is to be performed and that it has familiarized itself with all local conditions and federal, state and local laws, ordinances, rules, and regulations that may affect in any manner the performance of the Work. The Bidder further represents that it has studied all surveys and investigation reports about subsurface and latent physical conditions pertaining to the jobsite, that it has performed such additional surveys and investigations as it deems necessary to complete the Work at its bid price, and that it has correlated the results of all such data with the requirements of the contract documents. The submittal of a bid shall be conclusive evidence that the Bidder has investigated and is satisfied as to the conditions to be encountered, including locality, uncertainty of weather and all other contingencies, and as to the character, quality, quantities, and scope of the Work. 2. The drawings and specifications for the Work show subsurface conditions or othenA/ise hidden conditions as they are supposed or believed by the Design Engineer to exist, but it is not intended or to be inferred that the conditions as shown thereon constitute a representation that such conditions are actually existent. Except as othenA/lse specifically provided In the contract documents, the Owner, the Design Engineer, and their consultants shall not be liable for any loss sustained by the Contractor as a result of any variance of such conditions as shown In the drawings and the actual conditions revealed during the progress of the Work or othenA/ise. 3. No information derived from such Inspection of records of investigations or compilation thereof made by the Owner, the Design Engineer, or their consultants, will In any way relieve the Bidder or Contractor from any risk or from properiy fulfilling the terms of the contract nor entitle the Contractor to any additional compensation. END OF SECTION JUNE 2012 CONTRACT 5031 SUPPLEMENTAL INFORMATION SANTA FE 11 RESERVOIR IMPROVEMENTS 01101-3 SECTION 01200 MEASUREMENT AND PAYMENT PART 1 - GENERAL A. Work Listed in the Schedule of Work Items 1. Work under this contract will be paid on a unit price or lump-sum basis as outlined on the Bid Form for the quantity of work installed. 2. The unit prices and lump-sum prices include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work involved to complete the work included in the contract documents. 3. The application for payment will be for a specific item based on the percentage completed or quantity installed. The percentage complete will be based on the value of the partially completed work relative to the value of the item when entirely completed and ready for sen/ice. 4. Extra work or changes in the Work shall be accomplished as provided in the General Provisions unless noted othenA/ise. B. Work Not Listed in the Schedule of Work Items 1. The General Provisions and items in the Special Provisions, general requirements, and specifications which are not listed in the schedule of work items of the Bid Form are, in general, applicable to more than one listed work item, and no separate work item is provided therefor. Include the cost of work not listed but necessary to complete the project designated in the contract documents in the various listed work items of the Bid Form. 2. The bids for the work are intended to establish a total cost for the work in its entirety. Should the Contractor feel that the cost for the work has not been established by specific items in the Bid Form, include the cost for that work in some related bid item so that the Proposal for the project reflects the total cost for completing the work in its entirety. PART 2 - MATERIALS A. Description of Bid Items Item 1 Traffic Control and Street Sweeping - The contract lump sum price shall include providing complete Traffic Control including permits, providing traffic handling/stage construction, and furnishing, installing, maintaining during all stages of construction, removing traffic control devices when they are no longer needed, and temporary street striping. The contract lump sum price paid shall be considered full compensation for furnishing all materials, labor, tools, equipment, and all incidentals, necessary to complete the work in accordance with the General Provisions, the Special Provisions, Standard Specifications and as directed by the Engineer. Item 2 Construction Staking - The contract lump sum price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in construction staking. The contract lump sum price paid shall be JUNE 2012 CONTRACT 5031 SANTA FE II RESERVOIR IMPROVEMENTS MEASUREMENT AND PAYMENT 01200-1 considered full compensation for furnishing all materials, labor, tools, equipment, and all incidentals, necessary to complete the work in accordance with the General Provisions, the Special Provisions, Standard Specifications and as directed by the Engineer. Item 3 On-Site Demolition - The contract lump sum price shall Include full compensation for furnishing all labor, materials, tools, equipment, and Incidentals, and for doing all the work involved in the demolition work Including removal and disposal of upper crib wall, security fencing in its entirety, removal and disposal of existing drainage facilities and abandonment, and clearing and grubbing the site and removal of all demolished materials including hauling and disposal fees. See Item 10 for hauling away excess fill. The contract lump sum price paid shall be considered full compensation for furnishing all materials, labor, tools, equipment, and all incidentals, necessary to complete the work in accordance with the General Provisions, the Special Provisions, Standard Specifications and as directed by the Engineer. Item 4 Potholing - The contract unit price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in potholing ufility crossings and at connections ahead of construction, including but not limited to excavating, backfilling, pavement restoration, traffic control, and permitting. The contract unit price paid shall be considered full compensation for furnishing all materials, labor, tools, equipment, and all incidentals, necessary to complete the work in accordance with the General Provisions, the Special Provisions, Standard Specifications and as directed by the Engineer. Item 5 SWPPP, Erosion Control and BMPs - The contract lump sum price shall include full compensation for preparing a storm water pollution prevention plan and furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work throughout the duration of construction activities and post construction activities including providing and maintaining sediment and erosion control measures and hydroseeding all disturbed areas of the project not receiving pavement. The contract lump sum price paid shall be considered full compensation for furnishing all materials, labor, tools, equipment, and all incidentals, necessary to complete the work in accordance with the General Provisions, the Special Provisions, Standard Specifications and as directed by the Engineer. Item 6 Cleaning, Patching and Palnfing Tank Wall - The contract unit price shall Include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in cleaning, patching and painting the tank wall areas exposed by removing the upper cribwall. The contract unit price paid shall be considered full compensation for furnishing all materials, labor, tools, equipment, and all incidentals, necessary to complete the work in accordance with the General Provisions, the Special Provisions, Standard Specifications and as directed by the Engineer. Item 7 Lower Cribwall Reconstruction - The contract unit price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in reconstructing the upper four feet of the lower cribwall from station 00+0 to 02+55 and providing design calculations. The contract unit price paid shall be considered full compensation for furnishing all materials, labor, tools, equipment, and all incidentals, necessary to complete the work in accordance with the General Provisions, the Special Provisions, Standard Specifications and as directed by the Engineer. Item 8 Lower Cribwall Excavation, Backfill, Recompaction, and Finish Grading - The contract unit price shall include full compensation for furnishing all labor, materials, JUNE 2012 CONTRACT 5031 SANTA FE 11 RESERVOIR IMPROVEMENTS MEASUREMENT AND PAYMENT 01200-2 tools, equipment, and incidentals, and for doing ail the work involved in excavafing the upper four feet of the lower cribwall from station 0+00 to 2+55, including recompacting the wall backfill and finish grading the site. The contract unit price paid shall be considered full compensation for furnishing all materials, labor, tools, equipment, and all incidentals, necessary to complete the work in accordance with the General Provisions, the Special Provisions, Standard Specifications and as directed by the Engineer. Item 9 Geotextile Installafion - The contract unit price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in installing geotextile fabric from station 0+00 to 2+55 for the entire width of the bench and up and over the backside (buried side) of the reconstructed cribwall. The contract unit price paid shall be considered full compensation for furnishing all materials, labor, tools, equipment, and all incidentals, necessary to complete the work in accordance with the General Provisions, the Special Provisions, Standard Specifications and as directed by the Engineer. Item 10 Haul Away Excess Fill - The contract unit price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in exporting all excess fill from the site not to be reused including hauling and disposal fees. The contract unit price paid shall be considered full compensafion for furnishing all materials, labor, tools, equipment, and all incidentals, necessary to complete the work in accordance with the General Provisions, the Special Provisions, Standard Specifications and as directed by the Engineer. Item 11 Splash Wall - The contract lump sum price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in constructing 21.5 linear feet of type 3 reinforced concrete block wall with footing per SPPWC standard drawing 601-2. The contract lump sum price paid shall be considered full compensation for furnishing all materials, labor, tools, equipment, and all incidentals, necessary to complete the work in accordance with the General Provisions, the Special Provisions, Standard Specifications and as directed by the Engineer. Item 12 Concrete Apron - The contract lump sum price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in constructing the 4" thick concrete apron to the line and grade from station 10+00 to 10+22.48. The contract lump sum price paid shall be considered full compensation for furnishing all materials, labor, tools, equipment, and all incidentals, necessary to complete the work in accordance with the General Provisions, the Special Provisions, Standard Specifications and as directed by the Engineer. Item 13 Miscellaneous Concrete Pavement - The contract lump sum price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in constructing the 4" thick concrete pavement adjacent to splash wall. The contract lump sum price paid shall be considered full compensation for furnishing all materials, labor, tools, equipment, and all incidentals, necessary to complete the work in accordance with the General Provisions, the Special Provisions, Standard Specifications and as directed by the Engineer. Item 14 Minor Drainage Channel - Section C - The contract unit price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in constructing the D-70 SDRSD minor drainage channel to the line and grade from station 10+22.48 to 10+36.19. The contract unit price paid shall be considered full compensation for furnishing all materials, labor, tools, equipment, and all incidentals, necessary to complete the work in accordance JUNE 2012 CONTRACT 5031 SANTA FE II RESERVOIR IMPROVEMENTS MEASUREMENT AND PAYMENT 01200-3 with the General Provisions, the Special Provisions, Standard Specifications and as directed by the Engineer. Item 15 Minor Drainage Channel Transition - The contract unit price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in constructing the minor drainage channel transition to the line and grade from cross section C to cross section D from station 10+36.19 to 10+44.72, respectively. The contract unit price paid shall be considered full compensation for furnishing all materials, labor, tools, equipment, and all incidentals, necessary to complete the work in accordance with the General Provisions, the Special Provisions, Standard Specifications and as directed by the Engineer. Item 16 Minor Drainage Channel - Section D - The contract unit price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in constructing the D-70 SDRSD minor drainage channel to the line and grade from station 10+44.72 to 10+61.81. The contract unit price paid shall be considered full compensation for furnishing all materials, labor, tools, equipment, and all incidentals, necessary to complete the work in accordance with the General Provisions, the Special Provisions, Standard Specifications and as directed by the Engineer. Item 17 4' Wide Concrete Swale - The contract unit price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in constructing the 4" thick, 4-feet wide reinforced concrete drainage swale around the concrete tank. The contract unit price paid shall be considered full compensation for furnishing all materials, labor, tools, equipment, and all incidentals, necessary to complete the work in accordance with the General Provisions, the Special Provisions, Standard Specifications and as directed by the Engineer. Item 18 Concrete Flatwork - The contract unit price shall include full compensafion for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in constructing the 5.5" thick reinforced concrete fiatwork on top of lower crib wall. The contract unit price paid shall be considered full compensafion for furnishing all materials, labor, tools, equipment, and all incidentals, necessary to complete the work in accordance with the General Provisions, the Special Provisions, Standard Specifications and as directed by the Engineer. Item 19 Modification of Existing Storm Drain Cleanout - The contract lump sum price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in modifying the San Diego Regional Standard Drawing Type B Cleanout to a SDRSD Type F Catch Basin. The contract lump sum price paid shall be considered full compensation for furnishing all materials, labor, tools, equipment, and all incidentals, necessary to complete the work in accordance with the General Provisions, the Special Provisions, Standard Specifications and as directed by the Engineer. Item 20 Concrete Curb - The contract unit price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in constructing a SDRSD Type B-3 Curb at the edge of the concrete flatwork described in item 18. The contract unit price paid shall be considered full compensation for furnishing all materials, labor, tools, equipment, and all incidentals, necessary to complete the work in accordance with the General Provisions, the Special Provisions, Standard Speciflcations and as directed by the Engineer. Item 21 Security Fencing - The contract unit price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the JUNE 2012 CONTRACT 5031 SANTA FE II RESERVOIR IMPROVEMENTS MEASUREMENT AND PAYMENT 01200-4 work involved in constmcting the Galvanized 6' High 3/8" Minimesh Chain Link Fence w/3 Strand Barbed Wire including all appurtenances, footings and gates around the entire perimeter of the tank and lower cribwall. The contract unit price paid shall be considered full compensation for furnishing all materials, labor, tools, equipment, and all incidentals, necessary to complete the work in accordance with the General Provisions, the Special Provisions, Standard Specifications and as directed by the Engineer. Item 22 Protection of Existing Utilities - The contract lump sum price shall include full compensation for furnishing alt labor, materials, tools, equipment, and incidentals, and for doing all the work involved in protection and restoration or relocation of the existing improvements and utilities damaged or removed during construction including but not limited to potable water, recycled water, irrigation, fire water, sewer, storm drain, and gas pipelines, as well as electric, telephone, and cable television lines and their appurtenances, curb, gutter, fence and sidewalk protection, and installation, maintenance and removal of temporary by-pass piping oip utility required due to construction. The contract lump sum price paid shall be considered full compensation for furnishing all materials, labor, tools, equipment, and all incidentals, necessary to complete the work in accordance with the General Provisions, the Special Provisions, Standard Specifications and as directed by the Engineer. Item 23 Mobilization, Preparatory Work, and Demobilization General Provisions. See Section 9-3.4.1 of the END OF SECTION JUNE 2012 CONTRACT 5031 SANTA FE II RESERVOIR IMPROVEMENTS MEASUREMENT AND PAYMENT 01200-5 SECTION 01330 SUBMITTALS A. Shop Drawings 1. Submit shop drawings in accordance with the General Provisions. 2. The use of contract drawing reproductions for shop drawings is subject to rejection. 3. Submit six copies of shop drawings. The Owner's Representative will keep four copies and return two copies. If the Contractor desires more than two copies, he shall transfer the Owner's Representative's comments onto additional copies at his own expense. Clearly indicate the specification section, and drawing number to which each shop drawing is referenced. 4. For materials originating outside of the United States for which tests are required, provide recertification and retesting by an independent domestic testing laboratory. B. Contractor's Jobsite Drawings Provide and maintain on the jobsite one complete set of prints of all drawings which form a part of the contract. Immediately after each portion of the work is installed, indicate all deviations from the original design shown in the drawings either by additional sketches or ink thereon. Upon complefion of the job, deliver this record set to the Owner's Representafive. END OF SECTION JUNE 2012 CONTRACT 5031 SUBMITTALS SANTA FE II RESERVOIR IMPROVEMENTS 01330-1 SECTION 01360 PRECONSTRUCTION AUDIO-VIDEO DOCUMENTATION PART 1 - GENERAL A. Description This section includes materials and performance for preconstruction audio-video documentation and generally defines Contractor's responsibilities, unless othenA/ise stated, for the following: • Equipment. • Submittals. • Technique. • Quality assurance. B. Video And Audio Quality 1. Documentation shall be performed by a responsible commercial finri skilled and regulariy engaged in the preparation of preconstruction color audio-video DVD documentation acceptable to the Owner. 2. Completed documentation shall reproduce bright, sharp pictures with accurate colors and shall be free from distortion or any other significant picture Imperfection. The audio portion of the recording shall reproduce the commentary of the camera operator with proper volume, clarity, and be free of distortion. 3. The Owner's Representative will accompany the commercial firm in performing the audio-video documentation. One person will accompany the commercial firm to observe the documentation effort. The accompanying personnel may direct the commercial firni to record certain features observed. Notify the Owner's Representative seven days in advance so that the accompanying personnel can be scheduled. 4. Construction shall not proceed until the Owner and Owner's Representative have reviewed the documentation and notified the Contractor of its acceptability. It is anticipated that such review will be completed within 10 days after submittal. C. Measurement And Payment No separate payment item is provided for this work. The cost of performing this work shall be incorporated into the bid item for Mobilization and Preparatory Work. PART 2 -MATERIALS A. Recording Eguipment 1. Utilize color video camera having: • EIA Standard: NTSC-type color, 1.0 volt, 75 ohms. • Horizontal resolution of 350 lines at center. • 8:1 zoom, minimum. JUNE 2012 CONTRACT 5031 PRECONSTRUCTION AUDIO-VIDEO DOCUMENTATION SANTA FE II RESERVOIR IMPROVEMENTS 01360-1 B. Recording Media 1. Utilize a high resolution DVD with extended still frame capability. PART 3 -EXECUTION A. Coverage 1. Record coverage of surface features located within 100 feet of where construction will take place including, but not limited to: • Roadways, driveways, sidewalks, bicycle paths, and railroads. • Buildings, walls, retaining walls, and seawalls. • Ponds, culvert ends, and drainage structures. • Landscaping, trees, shrubbery, fences, and irrigation heads. 2. Record the individual features of each item with particular attention being focused upon the existence of any existing faults, fractures, or defects. 3. Control pan rate, rate of travel, camera height, and zoom rate to maintain a steady clear view. 4. Limit recorded coverage to one side of any street at any one time. 5. Create a single, continuous, unedited recording which begins and ends within each portion of a particular construction area. The recording shall proceed in the direction of ascending baseline stationing. B. Audio Content 1. Simultaneously record audio content during videotaping. 2. Audio recording shall assist in viewer orientation and in any needed identification, clarification, or description of features being recorded. 3. Audio recording shall only consist of camera operator commentary. C. Indexing 1. Permanentiy label each DVD with a sequential number and the project name. 2. Index each DVD with a digital record of the time and date of the recording which is continuously displayed as the tape or DVD is played. 3. Prepare a written log which describes the contents of each DVD Including: • Names of streets or easements. • Coverage begin/end station and location. • Recording date. JUNE 2012 CONTRACT 5031 PRECONSTRUCTION AUDIO-VIDEO DOCUMENTATION SANTA FE II RESERVOIR IMPROVEMENTS 01360-2 D. Conditions 1. Record coverage during dry, clear weather and during daylight hours only. 2. Record coverage when the area to be videoed Is free of debris or obstructions. 3. Record coverage no more than 21 days prior to mobilization at the site. END OF SECTION 3 JUNE 2012 CONTRACT 5031 PRECONSTRUCTION AUDIO-VIDEO DOCUMENTATION SANTA FE II RESERVOIR IMPROVEMENTS 01360-3 SECTION 01450 1^ QUALITY CONTROL A. Description • Quality assurance - control of installation • Tolerances • References • Inspecting and testing laboratory service. B. Related Work Specified Elsewhere. • Earthwork: 02200. C. Quality Assurance - Control of Installation 1. Monitor quality control over suppliers, manufacturers, products, sen/ices, site conditions, and workmanship, to produce Work of specified quality. 2. Comply with manufacturers' instructions, including each step in sequence. 3. Should manufacturers' instructions conflict with Contract Documents, request clarification from Engineer before proceeding. 4. Comply with specified standards as minimum quality for the Work except where more stringent tolerances, codes, or specified requirements indicate higher standards or more precise workmanship. 5. Perform work by persons qualified and experienced to produce workmanship of specified quality. 6. Secure products in place with positive anchorage devices designed and sized to withstand stresses, vibration, physical distortion, or disfigurement. D. Tolerances 1. Monitor tolerance control of installed products to produce acceptable Work. Do not permit tolerances to accumulate. 2. Comply with manufacturers' tolerances. Should manufacturers' tolerances conflict with Contract Documents, request clarification from Engineer before proceeding. 3. Adjust products to appropriate dimensions; position before securing products in place. E. References 1. For products or workmanship specified by association, trade, or other consensus standards, complies with requirements of the standard, except when more rigid requirements are specified or are required by applicable codes or these specifications. JUNE 2012 CONTRACT 5031 QUALITY CONTROL SANTA FE II RESERVOIR IMPROVEMENTS 01450-1 2. Conform to reference standard by date of issue current on date of Contract Documents, or date specified in the individual specification sections, except where a specific date is established by code. 3. The contractual relationship, duties, and responsibilities of the parties in the Contract and those of the Engineer shall not be altered from the Contract Documents by mention or inference othenA/ise in any reference document. F. Testing Standards 1 Earthwork Quality Control Testing: Compaction ASTM D1557 Moisture Content, Oven Method ASTM D2216 Specific Gravity ASTM D854 Field Density, Sand Cone Method ASTM D1556 Particle Size Analysis ASTM D422 Liquid Limit, Plastic Limit, and Plasticity Index ASTM D4318 Moisture Content, Nuclear Gage Method ASTM D3017 Los Angeles Abrasion Test ASTM CI 31 Sodium Sulfate Soundness ASTM C88 Relative Density ASTM D4253, D4254 2. The percent compaction requirements for earthwork will be evaluated as follows: • The in-place density as compacted by the Contractor will be determined by the field density test using the sand-cone method. • The maximum dry density of the fill at the location of the in-place density test will be estimated using full-curve compaction tests (family of curves) of representative fill materials. • The full-cun/e compaction tests will be performed according to ASTM D1557. • The percent compaction in-place will be calculated as the ratio (in percent) of the in- place dry density to the estimated maximum dry density of the compacted fill at the location of the in-place density test. G. Measurement and Payment No separate payment item is provided for this work. The cost of perfonning this work shall be included in the price for various contract items of work involved. END OF SECTION JUNE 2012 CONTRACT 5031 SANTA FE II RESERVOIR IMPROVEMENTS QUALITY CONTROL 01450-2 ^ SECTION 01500 \^ CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS A. Construction Water 1. See the General Provisions. 2. The Contractor shall make his own arrangements for developing water sources and supply labor and equipment to collect, load, transport, and apply water as necessary for compaction of materials, concrete construction operations, testing, dust control, and other construction use. 3. Include the cost of construction water in the appropriate bid item to which it is appurtenant. The cost shall include full compensation for furnishing all labor, materials, tools, and equipment and doing all the work necessary to develop a sufficient water supply and furnishing the necessary equipment for applying the water as described in these specifications. B. Construction Staking 1. The Contractor shall make his own arrangements for establishing both horizontal and vertical control derived from the project benchmark and coordinates noted on the contract drawings. 2. The Contractor shall establish a construction baseline from the coordinates provided and a temporary benchmari< within the project site. Presen/e Horizontal and Vertical control network to provide distances and elevations necessary for the execution of the drainage and cribwall reconstruction work. 3. Do not proceed with the work that requires construction staking until construction stakes have been installed. 4. Any additional construction stakes required for the replacement of existing staking that have been removed or disturbed by the Contractor shall be the Contractor's responsibility. 5. Include the cost of construction staking in the bid item schedule. The cost shall Include full compensation for furnishing all labor, materials, tools, and equipment and doing all the work necessary to develop sufficient horizontal and vertical control. C. Electrical Power-Construction Phase Provide for the purchase of power or provide portable power for the construction of the project where existing outlets are not available. Provide for the extension of utility lines to the point of usage. The cost of power shall be included in the appropriate bid items to which it is appurtenant and shall include full compensation for furnishing all labor, materials, tools, and equipment required to obtain and distribute power for construction purposes. Dust Control Perform dust control operations to prevent construction operations from producing dust in amounts harmful to persons or causing a nuisance to persons living nearby or occupying JUNE 2012 CONTRACT 5031 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS SANTA FE 11 RESERVOIR IMPROVEMENTS 01500-1 buildings in the vicinity of the work. Use water or dust preventative to control dust. No separate payment item is provided for this work. E. Fire Danger Minimize fire danger in the vicinity of and adjacent to the construction site. Provide labor and equipment to protect the surrounding private property from fire damage resulting from construction operations. No separate payment item is provided for this work. F. Traffic Regulation Traffic regulation shall be per Secfion 7-10 of the Standard Specifications for Public Works Construction and the General Provisions. G. Staging Areas Contractor may identify and acquire any staging and lay down areas that he may require for the performance of the work in addition to those that are shown on the contract drawings. For any area not designated on the contract drawings to be used by the Contractor, the Contractor shall coordinate with the property owner, obtain written permission from the property owner for use of the area, coordinate with any resource or permitting agency that may have jurisdiction over the area, obtain and pay for any permits or agreements and provide any environmental mitigation required, and pay any fees or rental charges required for use of the area. The Contractor shall provide a copy of the letter from the Property Owner giving permission to use their property as a staging/lay down area to the applicable jurisdiction (e.g. County of San Diego). The Contractor shall be responsible for returning all areas used to their original conditions. At least 14 days prior to moving onto any site, the Contractor shall submit to the Owner's Representative for ^^'^ approval a copy of the written permission letter from the property owner of that area, and a description of any permits and mitigation actions that are required for use of the area. Submittals shall be in accordance with the General Provisions. No separate payment item is provided for this work. END OF SECTION JUNE 2012 CONTRACT 5031 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS SANTA FE II RESERVOIR IMPROVEMENTS 01500-2 SECTION 02050 DEMOLITION PART1 GENERAL A. Description This section describes demolition of the upper cribwall, fencing, trees, and clearing and grubbing, and salvage of portions of the existing lower cribwall, piping, drainage appurtenances, and equipment. B. Related Work Specified Elsewhere • Earthwork: 02200 • Protecting Exisfing Underground Facilities: 02222 PART 2 MATERIALS Refer to other sections of these specifications for material to be used in removing, replacing, and/or abandoning in place equipment. PART 3 EXECUTION A. General Perform removal and demolition work specified and indicated In the drawings. Prepare remaining surfaces to receive new scheduled and specified materials and finishes or finish to match adjacent surfaces if no additional work is scheduled or Indicated. B. Plugging and Abandoning Piping Plug and abandon pipes in accordance Section 02222. C. Patching 1. Patching shall mean the restoration of a surface or item to a condition as near as practicable to match the existing adjoining surfaces unless othenA/ise noted, detailed, or specified. 2. When patching involves painting, special coafing, vinyl fabric, or other applied finish, refinish the entire surface plane to match the adjacent finish for a seamless appearance (i.e., tank wall), unless complete refinishing of the entire space is scheduled or specified. 3. Patching includes cleaning of soiled surfaces. D. Demolition 1. Existing structures, boxes, pipes, pavements, walls, curbs, and other items are to be removed, altered, salvaged, and disposed of as specified herein or indicated in the drawings. Remove and dispose of all portions of these items that interfere with project JUNE 2012 CONTRACT 5031 DEMOLITION SANTA FE II RESERVOIR IMPROVEMENTS 02050-1 construction. Demolished materials specified herein or indicated in the drawings that are not to be salvaged or reused shall be hauled and disposed of offsite. Contractor shall be responsible for alt hauling and disposal fees. 2. Remove and dispose offsite facilities to be demolished in their entirety including belowground footings, crib walls, foundations, and other associated appurtenances, as shown in the drawings or as specified herein. Backfill and compact all site areas disturbed by demolition work with earth backfill material in accordance with Section 02200 or as specified on the drawings. 3. Perform the work in a manner that will not damage the piping and other facilities not intended to be removed or to be salvaged for the Owner. If, in the opinion of the Owner's Representative, the method of demolition used may endanger or damage parts of the structure or affect the satisfactory operation of the facilities, promptly change the method when so notified by the Owner's Representative. No blasting will be permitted. 4. Equipment, material, and piping, except as specified to be salvaged for the Owner, or removed by others, within the limits of the demolition, excavations, and backfills, will become the property of the Contractor and shall be removed from the project site. The salvage value of this equipment, materials, and piping shall be reflected in the contract price of the demolition work. 5. Do not reuse material salvaged from demolition work on this project, except as specifically shown on the contract drawings. END OF SECTION JUNE 2012 CONTRACT 5031 SANTA FE II RESERVOIR IMPROVEMENTS DEMOLITION 02050-2 SECTION 02110 CLEARING, STRIPPING, AND GRUBBING PARTI GENERAL A. Description This section describes the work included in clearing, stripping, grubbing, and preparing the project site for construction operations. B. Related Work Specified Elsewhere • Existing Conditions: General Condifions • Earthwork: 02200 C. Clearing Remove and dispose of shrubs, brush, limbs, sticks, branches, and other vegetative growth. Remove rocks, tiles, and lumps of concrete. Remove all evidence of their presence from the surface. Remove and dispose of trash piles and rubbish. Protect structures and piping above and below ground, trees, shrubs, and vegetative growth which are not designated for removal. D. Stripping Remove and dispose of organic sod, grass and grass roots, and other objectionable material remaining after clearing. E. Grubbing After clearing and stripping, remove and dispose of wood or root matter, including stumps, logs, trunks, roots, or root systems greater than 1 inch in diameter or thickness to a depth of 12 inches below the ground surface. PART 2 MATERIALS A. Trees and Shrubbery 1. Existing trees, shrubbery, and other vegetative material may not be shown in the drawings. Inspect the site as to the nature, location, size, and extent of vegetative material to be removed or presen/ed, as specified herein. 2. Vegetation to be removed is identified on the Plans. Presen/e in place all existing trees not designated for removal, unless othenA/ise directed by the District. B. Preservation of Trees. Shrubs, and Other Plant Material 1. Save and protect plant materials (trees, shrubbery, and plants) beyond the limits of clearing and grubbing from damage resulting from the work. No filling, excavating, trenching, or stockpiling of materials will be permitted within the drip line of these plant materials. The drip line is defined as a circle drawn by extending a line vertically to the JUNE 2012 CONTRACT 5031 CLEARING, STRIPPING & GRUBBING SANTA FE 11 RESERVOIR IMPROVEMENTS 02110-1 ground from the outermost branches of a plant or group of plants. To prevent soil compaction within the drip line area, no equipment will be permitted within this area. 2. Cut and remove tree branches where necessary for construction. Remove branches other than those required for a balanced appearance of any tree. Treat cuts with a tree sealant. PARTS EXECUTION A. Clearing. Stripping, and Grubbing Areas and Limits 1. Clear, strip, and grub excavation and embankment areas for construction of cribwall wall, and drainage facilities and structures. 2. Limits of clearing, stripping, and grubbing: • Excavation for embankment repair: 5 feet beyond edge of slope repair. • Excavation for drainage structures: 3 feet from edge of trench. • Concrete foundation and cribwall: 20 feet beyond footings. B. Removal and Disposal of Trees Remove and dispose of entire tree including root ball and trailing roots. C. Disposal of Clearing and Grubbing Debris Do not burn combustible materials. Remove cleared and grubbed material from the worksite ^ 3 and dispose. D. Disposal of Stripplngs Remove stripped material and dispose offsite. F. Measurement and Payment No separate payment item Is provided for this work. The costs of clearing, stripping, and grubbing shall be included the various listed work items of the Bid Schedule for which clearing, stripping, and grubbing are required. END OF SECTION JUNE 2012 CONTRACT 5031 CLEARING, STRIPPING & GRUBBING SANTA FE II RESERVOIR IMPROVEMENTS 02110-2 SECTION 02150 SHEETING AND SHORING PART1 GENERAL A. Description Provide protective installation consisting of shores, wales, braces, posts, piling, sheeting, anchorages and fastenings, both temporary and permanent, for accomplishment and protection of work including, but not limited to, the following: • Shoring and sheeting for manhole modification and inlet reconstruction. • Crib wall reconstruction. • Temporary sheeting and bracing for pipeline crossings as needed. B. Related Work Specified Elsewhere • Earthwork: 02200 C. Submittals 1. The Contractor's design and installation of shoring shall be consistent with the rules, orders, and regulations of CAL-OSHA. 2. Submit for record purposes only; complete calculations of the sheeting system including sheeting size, wales, rakers, anchor system, struts, earth anchors, anchor piles, tie rods or any other components pertinent to the design prior to the start of any work involving sheeting and bracing. All designs submitted shall be signed by an engineer duly registered in the State of California. D. Alternatives The use or application of alternative methods and materials, and the employment of proprietary systems under lease or franchise in lieu of that specified herein, may be allowed. Demonstration of suitability and compliance with these Specifications to the satisfaction of the Owner will be required. PART 2 MATERIALS Use new or used materials complying with provisions of the approved shoring, bracing and sheeting design drawings. Materials shall be free from defects and damage that might in any way impair their protective function. PART 3 EXECUTION A. Installation 1. Trench excavations shall be so shored, sheeted, and supported such that the walls of the excavation will not slide or settle and all existing improvements of any kind, either on public or private property, will be fully protected from damage. JUNE 2012 CONTRACT 5031 SHEETING & SHORING SANTA FE 11 RESERVOIR IMPROVEMENTS 02150-1 2. Sheeting and shoring shall be arranged so as not to place any stress on portions of the completed work until the general construction has proceeded far enough to provide ample strength. 3. Care shall be exercised in the moving or removal of trench shields, sheeting, and shoring to prevent the caving or collapse of the excavation faces being supported. B. Measurement And Payment No separate payment item is provided for this work. The costs of furnishing and maintaining such facilities shall be included the various listed work items of the Bid Schedule for which the sheeting and shoring facilities are required. END OF SECTION JUNE 2012 CONTRACT 5031 SANTA FE II RESERVOIR IMPROVEMENTS SHEETING & SHORING 02150-2 SECTION 02200 EARTHWORK PART 1 GENERAL A. Description This section includes materials, testing, and installation of earthwork for excavations, fills, and embankments for roadways, and structures. B. Related Work Specified Elsewhere • Clearing, Stripping, and Grubbing: 02110 • Sheeting and Shoring: 02150 • Protecting Existing Underground Utilities: 02222 • Crib Wall Reconstruction: 32328 C. Submittals 1. Submit excavation and shoring drawings for worker protection in accordance with Section 02150. 2. Submit a report from a testing laboratory verifying that the Import fill material contains less than 1% asbestos by weight or volume and conforms to the gradation specified. Material test report shall be dated within 6 months from the Notice to Proceed. 3. Submit dewatering plan including disposition of groundwater. 4. Soil Handling and Stockpile Plan: • The Contractor shall submit a soil handling and stockpile plan a minimum of 21 calendar days before the start of earthwork operations. • The plan shall describe the proposed procedures for storing excavated materials in the stockpiles to assure that the stockpiled materials will be segregated according to material type and protected from contamination associated with inappropriate mixing of soil materials, including topsoil. • The plan shall be coordinated with the site grading and cribwall excavation plan. • The plan shall also be coordinated with the erosion control plan, drawing C-3. D. Testing for Compaction The Owner will test for compaction and relative density as described below. • Determine laboratory moisture-density relations of soils per ASTM D1557. If nuclear methods are used for in-place density determination, the compaction test results for maximum dry density and optimum water content shall be adjusted in accordance with ASTM D4718. This will be required for determination of percent relative compaction and moisture variation from optimum. • Determine the relative density of cohesionless soils per ASTM D4253 and D4254. • Sample materials per ASTM D75. • "Relative compaction" is the ratio, expressed as a percentage, of the inplace dry density to the laboratory maximum dry density. JUNE 2012 CONTRACT 5031 EARTHWORK SANTA FE II RESERVOIR IMPROVEMENTS 02200-1 • Compaction shall be deemed to comply with the specifications when no more than one test of any three consecutive tests falls below the specified relative compaction. The one test shall be no more than three percentage points below the specified compaction. The Contractor shall pay the costs of any retesting of work not conforming to the specifications. E. Disposal of Excess Materials 1. Excess site excavated or wasted material shall be disposed of offsite by the Contractor. No prearranged disposal site or related permits have been determined or secured by the Owner. Contractor shall be responsible for all hauling and disposal fees. 2. The Contractor shall dispose of all excess excavated or wasted material at a permitted disposal site complying with all local, state, and federal regulations. F. Measurement and Payment Measurement for payment will be made In cubic yards. Payment for all the work in this section including export fill, exclusive of authorized overexcavation, shall be included as part of the contract unit price bid amount for work as stated in the Bid Schedule and no additional compensation will be allowed therefore. G. Measurement and Payment for Authorized Overexcavation Measurement of the volume of material for payment of authorized overexcavation will be made by taking cross sections after excavation and calculating the volume using the average end area method. The Owner will measure and calculate the volume in cubic yards. The volume for payment will be the gross volume, up to the elevation of the finished earthwork subgrade. A change order will be made as described in the General Conditions based upon a unit price according to actual time and material volume of earthwork. No payment will be made for unauthorized excavated and fill material exceeding the contract lines and grades. PART 2 -MATERIALS A. General Imported materials delivered to site for use as backfill, if needed, shall have a percentage of moisture content that Is plus or minus (+/-) 2 percent of the optimum moisture content as determined by a proctor test performed by the geotechnical consultant. If materials delivered to site are not within this range of the optimum moisture content the Contractor will be responsible for the cost of water during the backfilling operations. Imported fill shall consist of granular materials with an expansion index of 20 or less and a friction angle of 30 degrees plus or minus (+/-) 2 degrees. Imported fill shall also contain less than 500 parts per million chlorides, less than 0.2 percent sulfates and a pH of less than 5.5. All import fill shall be evaluated by the geotechnical engineer prior to importing of backfill operations. B. Wall Backfill On-site wall backfill soils with an organic content of less than 3% by volume, or 1% by weight, shall be considered suitable for reuse as compacted wall backfill. Wall backfill shall not contain JUNE 2012 CONTRACT 5031 EARTHWORK SANTA FE II RESERVOIR IMPROVEMENTS 02200-2 rocks or lumps over 3 inches in the largest dimension and not more than 30% larger than inch. Larger rocks or lumps may b broken into acceptable sized pieces or shall be disposed of off-site. C. Structural Backfill 1. Structural backfill is material that is to be placed below structures and adjacent to and around piping encasements and appurtenances below structure foundations, and other locations as Indicated on the Plans. 2. Material shall be free from deleterious material and shall have the following gradation: Sieve Size Percent Passing By Weight 3/4 inch 100 1/2 inch 95 to 100 3/8 Inch 50 to 100 No. 4 20 to 65 No. 8 10 to 40 No. 40 0 to 20 No. 200 0to9 3. Excavated onsite material may be used for structural backfill provided it meets the requirements specified above and specific written permission has been obtained from the City Engineer. This will require the material to be tested by the Owner's geotechnical consultant at the Contractor's expense. Imported Granular Material 1. Imported granular material shall be used within the Pipe and Trench Zones and as backfill below and around concrete vaults and manholes and other locations as indicated on the drawings. Imported granular material shall be installed a minimum of 3 feet from the outside edge of the structure, all around the structure, and to the full depth (and below as required) of the structure. 2. Imported Granular material shall be free from clay balls, organic matter, and other deleterious substances and conforming to the following gradations: Sieve Size Percent Passing By Weight 3/8 inch 100 No. 4 75 to 100 No. 30 12 to 50 No. 100 5 to 20 No. 200 Oto10 Sand shall have a minimum sand equivalent of 30 per ASTM D2419 and a coefficient of uniformity of 3 or greater. JUNE 2012 CONTRACT 5031 SANTA FE 11 RESERVOIR IMPROVEMENTS EARTHWORK 02200-3 E. Select Fill 1. Select fill shall be used as part of the PCC or asphalt paving section. 2. Select fill material shall be as defined and conform to the gradation indicated in Section 200-2.6 of the "Greenbook". Select fill shall have a minimum sand equivalent of 20 and a minimum R-value of 60. F. Earth Fill Fill material is material that is to be placed in locations that are not to be backfilled with structural backfill, imported granular material, or select fill. Fill material shall be free from organic matter, roots, debris, clay, and rocks larger than 3 inches in the greatest dimension and not more than 30% larger than 3/4 inch. If there is insufficient backfill material available at the site. Contractor shall furnish and import sufficient material that meets the requirements listed above at his expense. G. Sand-Cement Slurrv Backfill Sand-cement slurry backfill shall consist of two sacks (188 pounds) of Type I or II portland cement added per cubic yard of imported sand and sufficient water for workability. H. Water for Compaction Water shall be free of organic materials and shall have a pH of 7.0 to 9.0, a maximum chloride concentration of 500 mg/L, and a maximum sulfate concentration of 500 mg/L. Provide all water needed for earthwork. Provide temporary piping and valves to convey water from the source to the point of use. I. Aggregate Base 1. Aggregate base shall be free from clay balls, organic matter, and other deleterious substances and shall conform to Caltrans Class 2 aggregate base. Sieve Size Percent Passing By Weight 1 inch 100 3/4 inch 90 to 100 No. 4 35 to 60 No. 30 10 to 30 No. 200 2 to 9 2. The coarse aggregate (material retained by the No. 4 sieve) shall consist of material of which at least 25% by mass shall be fractured or crushed particles as detennined per California Test Method No. 205. 3. Aggregate base material shall meet the following requirements: JUNE 2012 CONTRACT 5031 SANTA FE II RESERVOIR IMPROVEMENTS EARTHWORK 02200-4 Parameter Minimum Value Test Standard Durability index 40 California Test Method No. 229 Resistance (R value) 80 California Test Method No. 301 Sand equivalent 25 California Test Method No. 217 J. Crushed Rock Crushed rock shall conform to SPPWC "Greenbook" Section 200. PART 3 -EXECUTION A, Dewatering 1. Provide and operate equipment adequate to keep excavations and trenches free of water. Dewater subgrade to a minimum of 3 feet below bottom of excavation. Remove water continuously during excavation activities, during the period when concrete is being deposited, when pipe is being laid, and during the placing of backfill. Avoid settlement or damage to adjacent property. When dewatering open excavations, dewater from outside the structural limits and from a point below the bottom of the excavation. Dispose of water in a manner that will not damage adjacent property and in accordance with SWPPP requirements. Obtain and comply with discharge permit form. 2. Furnishing and maintaining dewatering for control of water during the Contract period will not be paid as a separate item. The costs of furnishing and maintaining such facilities shall be included the various listed work items of the Bid Schedule for which the dewatering and facilities are required. B. Excavation 1. Excavations shall have sloping, sheeting, shoring, and bracing conforming with 29CFR1926 Subpart P-Excavations, CAL/OSHA requirements and Section 02150. 2. Perform excavation regardless of the type, nature, or condition of the material encountered to accomplish the construction. Do not operate excavation equipment within 5 feet of existing structures or newly completed construction. Excavate with hand tools in these areas. 3. After the required excavation has been completed, the Owner and/or its consultants will observe the exposed subgrade to determine the need for any additional excavation. It is the intent that additional excavation will be at the Contractor's expense and shall be conducted in all areas within the influence of the structure where soft, wet, or unacceptable (in the Owner's opinion) subgrade materials exist at the exposed subgrade. Additional excavation shall include the removal of all such unacceptable material that exists within a zone outside and below the structure defined by a line sloping downward at 1-horizontal to 1-vertical from 3 feet outside the edge of the footing or as directed by the Owner. Refill the overexcavated areas with stmctural backfill material. JUNE 2012 CONTRACT 5031 SANTA FE II RESERVOIR IMPROVEMENTS EARTHWORK 02200-5 4. The Contractor will not receive any additional payment for refill material for overexcavation used for his convenience. C. Limits of Foundation Excavation Excavate to the depths and widths needed to accomplish the construction. Allow for forms, working space, structural backfill, and site grading. Do not excavate for footings, slabs, or conduits below elevations required for construction or specified subgrade preparation. Unless unacceptable material is encountered and overexcavation is authorized by the Owner, backfill overexcavations with compacted structural backfill material. Correct cuts below grade by cutting adjoining areas and creating a smooth transition. The Contractor shall bear all costs for correcting unauthorized overexcavated areas. D. Preparation of Foundation Subgrade 1. The finished subgrade for structure foundations shall be within a tolerance of ±0.08 of a foot of the grade and cross section Indicated, shall be smooth and free from irregularities, and shall be at the specified relative compaction. The subgrade shall extend over the full width and extend 1 foot plus the depth of overexcavation beyond the edge of the foundations, unless othenA/ise shown on the Plans. 2. Scarify and recompact the top 12 inches of the subgrade to 95% relative compaction. Recompaction will not be required if rock is exposed at final subgrade (see paragraph D following). 3. If rock Is encountered. Contractor shall use a Owner approved method to prepare the subgrade to an average depth 12-inches below the contract lines & grades (final ^^"^ subgrade). Once the final subgrade Is achieved the Contractor shall remove loose rock material, and place structural backfill or aggregate base to establish contract lines and grades. Exposed rock subgrade may have a positive (upward) amplitude of 3.0 inches. A negative amplitude of more than 3.0 inches shall be backfilled with a two-sack-per- cubic-yard slurry fill. 4. Overexcavation below the final subgrade and 12 inches of subgrade recompaction will not be allowed without prior Owner approval and shall be considered unauthorized overexcavation. Contractor shall backfill any unauthorized overexcavation to the final subgrade at the Contractor's own expense. 5. Payment for refill of authorized overexcavation to indicated final subgrade will be for the volume of material placed. Payment for slurry fill will be by the cubic yard placed. E: Preparation for Placing Earth Fill 1. After excavation of existing material or removal of unacceptable material at the exposed subgrade, scarify the final subgrade surface to a depth of 12 inches and compact to 90% relative compaction. 2. Remove foreign materials and trash from the excavafion before placing any fill material. Obtain the specified compressive strength and finish of concrete work per all applicable sections of the Standard Specifications for Public Wori<s Construction before backfilling. JUNE 2012 CONTRACT 5031 EARTHWORK SANTA FE 11 RESERVOIR IMPROVEMENTS 02200-6 F. Placing and Compacting Earth Fill 1. Place in maximum 8-inch lifts and compact each lift to 90% relative compaction. 2. Where fill is to be constructed on slopes steeper than 3:1, bench the fill Into competent undisturbed materials as the fill progresses up the slope. Benches shall be sloped at least 2% into the slope and shall be of a width at least equal to the height of fill lift. G. Placing and Compacting Structural Backfill 1. Place structural backfill material below structures, adjacent to and around piping encasements and appurtenances, and below structure foundations, including authorized overexcavation areas, to the lines and grades shown or specified. Do not exceed loose lifts of 8 inches. 2. Limits of Structural Backfill: Limits of structural backfill shall be 5.0 feet from edge of footing or excavated exposed subgrade and shall extend to the top of footings. 3. Compact each lift to 95% relative compaction. Stop structural backfill at least 6 inches below finished grade in all areas where topsoil is to be placed. 4. Backfill, placement, and compaction around concrete structures shall be per all applicable sections of the Standard Specifications for Public Works Construction. 5. Do not operate earthmoving equipment within 5 feet of walls of concrete structures. Place and compact backfill adjacent to concrete walls with hand-operated tampers or other equipment that will not damage the structure. H. Placing and Compacting Imported Granular Material Place imported granular material used within Pipe and trench Zones per WAS Section 02223 "Trenching, Excavation, Backfill and Compaction" requirements. I. Placing Sand-Cement S\urrv Backfill 1. Place sand-cement slurry backfill in a unifomri manner that will prevent voids in or segregation of the material. Remove foreign material the falls into the excavation or trench. Do not commence backfilling over or place any material over the slurry cement backfill until at least four hours after placing the sand-cement slurry. 2. Protect pipe in trench from movement when placing sand-slurry backfill. J. Moisture Control 1. During the compacting operations, maintain optimum practicable moisture content required for compaction purposes In each lift of the material. Maintain uniform moisture content throughout the lift. Insofar as practicable, add water to the material at the site of excavation. Supplement by sprinkling the material. At the time of compaction, the water content of the material shall be at optimum water content or within 2 percentage points above optimum. Aerate material containing excessive moisture by blading, discing, or harrowing to hasten the drying process. JUNE 2012 CONTRACT 5031 EARTHWORK SANTA FE II RESERVOIR IMPROVEMENTS 02200-7 2. See Part 2 of this Section regarding the moisture content of materials delivered to the site. K. Site Grading Perform earthwork to the lines and grades shown in the drawings. Shape, trim, and finish slopes of channels to conform to the lines, grades, and cross sections as shown. Remove exposed roots and loose rocks exceeding 3 inches in diameter. Round tops of banks to circular curves of not less than a 6-foot radius. Neatly and smoothly trim rounded surfaces. Do not overexcavate and backfill to achieve the proper grade. END OF SECTION JUNE 2012 CONTRACT 5031 EARTHWORK SANTA FE II RESERVOIR IMPROVEMENTS 02200-8 SECTION 02222 PROTECTING EXISTING UNDERGROUND UTILITIES PART 1 GENERAL This section includes materials and procedures for protecting existing underground utilities. PART 2 MATERIALS Replacement in Kind - Except as indicated below or as specifically authorized by the Owner's Representative, reconstruct utilities with new material of the same size, type, and quality as that removed. PART 3 EXECUTION A. General 1. Replace in kind street improvements, such as curbs and gutters, barricades, traffic islands, signallzation, fences, signs, etc., that are cut, removed, damaged, or othenA/ise disturbed by the construction. 2. Where utilities are parallel to or cross the construction but do not conflict with the permanent work to be constructed, follow the procedures given below and as Indicated in the drawings. Notify the utility owner 48 hours in advance of the crossing construction and coordinate the construction schedule with the utility owner's requirements. For utility crossings not shown in the drawings, refer to the General Provisions, Supplemental Provisions, and the instructions of the Owner's Representative for guidance. 3. Determine the true location and depth of utilities and sen/ice connections which may be affected by or affect the work. Determine the type, material, and condition of these utilities. In order to provide sufficient lead time to resolve unforeseen conflicts, order materials and take appropriate measures to ensure that there is no delay in work. 4. Expose utilities 1,300 feet in advance of construction. 5. The Contractor is responsible for the altering, relocating or reconstructing "in kind" of portions of existing water or sewer connections which may or may not have been shown on the plans, or accurately shown on the plans, but which are found to interfere with the planned work. Contractor shall contact and coordinate alternation, relocation or reconstruction of gas, electric, TV cable or telephone service connections with the owner of such utilities. All costs for such work shall be included in the bid for the item necessitating such work. Upon discovery of either of the above unknown conditions, the Contractor shall immediately notify the Engineer. At the option of the Engineer, if a change or alignment of the new pipe cannot be done or it is not available, payment will be made, if authorized, per the General Provisions. B. Procedures 1. Protect in Place: Protect utilities in place, unless abandoned, and maintain the utility in service, unless othenA/ise specified in the drawings or in the specifications. JUNE 2012 CONTRACT 5031 . PROTECTING EXISTING UNDERGROUND UTILITIES SANTA FE II RESERVOIR IMPROVEMENTS 02222-1 2. Cut and Plug Ends: Cut abandoned utility lines and plug the ends. Plug storm drains and sewers with an 8-inch wall of brick and mortar. Cap wateriines with a cast-iron cap or install a 3-foot-long concrete plug. Dispose of the cut pipe as unsuitable material. 3. Remove and Reconstruct: Where so indicated in the drawings or as required by the Owner's Representative, remove the utility and, after passage, reconstruct it with new materials. Provide temporary service for the disconnected utility. C. Compaction 1. Utilities Protected in Place: Backfill and compact under and around the utility so that no voids are left. 2. Utilities Reconstructed: Prior to replacement of the utility, backfill the trench and compact to an elevation 1 foot above the top of the ends of the utility. Excavate a cross trench of the proper width for the utility and lay, backfill, and compact. 3. Alternative Construcfion-Sand-Cement Slurry: Sand-cement slurry consisting of three sacks (94 pounds each) of portland cement per cubic yard of sand and sufficient moisture for workability may be substituted for other backfill materials to aid in reducing compaction difficulties. Submit specific methods and procedures for the review of the Owner's Representative prior to construction. D. Measurement and Payment The contract lump sum price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in protection and restoration or relocation of the existing improvements and utilities damaged or removed during construction including but not limited to potable water, recycled water, irrigation, fire water, sewer, storm drain, and gas pipelines, as well as electric, telephone, and cable television lines and their appurtenances, curb, gutter, fence and sidewalk protection, and installation, maintenance and removal of temporary by-pass piping of utility required due to construction. END OF SECTION JUNE 2012 CONTRACT 5031 PROTECTING EXISTING UNDERGROUND UTILITIES SANTA FE 11 RESERVOIR IMPROVEMENTS 02222-2 SECTION 02975 HYDROSEEDING PART 1 GENERAL A. Related Work Specified Elsewhere 01300-SUBMITTALS B. Reference Standards • City of Carisbad • City of San Marcos C. Qualitv Assurance 1. Certificates of Inspection: Provide as required by law for transportation of each shipment of seed along with invoice. Submit copies of certificates after acceptance of material. Inspection by Federal or State Governments at place of growth does not preclude rejection at project site. 2. Applicable Standards: Apply the current or latest editions of the standards for seed as described in the following: • Hortus III -1976 Edition, Bailey Horatorium, Cornell University. D. Job Conditions Protection of Existing Plants to remain as noted on plans. E. Submittals 1. Samples and Product Data: Submit samples and manufacturers' literature in accordance with Section 01300 "SUBMITTALS" for the following items: Seed Mix Mulch Delayed Release Fertilizer Mycorrhizal Innoculum Delivery Slips 2. Test Data: Submit all laboratory test data for all materials. 3. Seed Varieties: Warrantied statement of composition, mixture and percentage of purity and germination of each variety. F. Work Schedule As the site becomes available, consistent with normal seasonal limitations for planting work. Hydroseeding to be installed between Nov.-April unless approved by project engineer. JUNE 2012 CONTRACT 5031 HYDROSEEDING SANTA FE II RESERVOIR IMPROVEMENTS 02975-1 G. Selection and Ordering of Plant Material 1. Documentation: Submit documentation within 10 days after Notice to Proceed that all seed has been ordered. 2. Unavailable Materials: If proof is submitted that any seed specified is not obtainable, a proposal will be considered for use of the nearest equivalent variety with corresponding adjustment of Contract price. Substantiate such proof in writing no later than 20 days after Notice to Proceed 3. Special Conditions: The above provisions shall not relieve Contractor of the responsibility for obtaining specified seed in advance if special growing conditions or other arrangements must be made in order to supply specified materials. H. Product Delivery. Storage and Handling Seed: • Delivery: Furnish standard seed in unopened manufacturer's standard containers bearing original certificafion labels showing quantity, analysis and name of manufacturer. (Hand labels to Engineer.) • Storage: Store seed with protection from weather or other conditions which would damage or Impair the effecfiveness of the product. • Mulch: Store with protection from weather or other conditions which would damage or impair the effectiveness of the product. I. Analyses of Samples and Tests 1. Samples: Engineer reserves the right to take and analyze samples of materials for conformity to specifications at any time. Furnish samples upon request. 2. Rejected Materials: Remove rejected materials immediately from the site at Contractor's expense. Pay cost of testing of materials not meeting specifications. J. Maintenance To achieve acceptable vegetation coverage (70%) contractor shall supply 150% of total hydroseeding quantity requirements. Contractor to seed 100% quantity for first seed application. At 90 days of maintenance once seed has germinated contractor to review the site and overall seeded areas for acceptable germination. All thin and bare areas that had not germinated during the first hydroseeding application, contractor shall overseed these areas up to an additional 50% of the total hydroseeding area. Based on site conditions the contractor has the option to using hydroseeding technique or using hand seeding and top dressing technique for second seed application. K. Warranty 1. Time Period: Warrant that all hydro mulch seeded areas shall be in a healthy and fiourishing condition of active growth 120 days from date of Date of Installation Acceptance of all landscape areas on all project sites defined by Contract Drawings. JUNE 2012 CONTRACT 5031 HYDROSEEDING SANTA FE II RESERVOIR IMPROVEMENTS 02975-2 2. Appearance During Warranty: All germinated plants shall be free of dead or dying patches, and all areas shall show foliage of a normal density, size and color. 3. Coverage: Warrant growth and coverage of hydroseeded planting to the effect that a minimum of 70% of the area planted shall be covered with specified planting after one growing season with no bare spots greater than two (2) square feet. 4. Exceptions: Contractor shall not be held responsible for failures due to neglect by Owner, vandalism, etc., during Warranty Period. Report such conditions in writing. L. Replacements 1. Unacceptable Workmanship: Hydroseed areas exhibiting conditions which are determined as unacceptable workmanship shall be repaired and/or replaced at no additional cost to the City. 2. Replacements: Replace, without cost to the City, and as soon as weather conditions pennit, all Hydroseed areas not in a vigorous, thriving condition, as determined by Engineer during and at the end of Warranty Period. 3. Matching: Closely match all replacement seed with adjacent areas of hydroseed planting. Apply all requirements of this Specification to all replacements. PART 2 PRODUCTS A. Hvdroseed Mixes: 1. Native Seed Composition: Fresh, clean, certified, new crop seed of the following varieties mixed in the proportions as shown below: 2. Seed Mixes: Mix A: Botanical Nane/ Common Name Lbs/ Acre Croton setlger (Doveweed) 1.0 Elymus Glaucus (Blue Wildrye) 8.0 Fescue rubra (Molate Fescue) 7.0 Nassella pulchra (Purple Needle Grass) 8.0 Hordeum Californicum Prostrate (Prostrate California Bariey) 8.0 Lasthenia californica (Dwarf Goldenfields) 4.0 Lotus scoparius (DeenA/eed) 4.0 Lupinus succulentus (Arroyo Lupine) 4.0 Poa segunda (Pine Bluegrass) 8.0 Vulpia microstachys (Small Fescue) 8.0 Total 60.0 JUNE 2012 CONTRACT 5031 SANTA FE II RESERVOIR IMPROVEMENTS HYDROSEEDING 02975-3 3. Slurry Components: • Conwed 100% Wood Fiber: 2,000 Ibs./acre. • Ecology Controls M-Binder: 120 Ibs./acre. • BioSol 7-2-3 Organic Fertilizer: 100 Ibs./acre. • AM-120 Mycorrhizal Inoculum - Coastal Suite: 60 Ibs./acre. B. Mulch 1. General: • Composition: Green-colored, fibrous, virgin wood cellulose mulch containing no growth or germination-inhibiting factors. • Dispersion in Slurry: Mulch shall be manufactured in such manner that after addition to and agitation in slurry tanks with fertilizer, seed, water and other approved additives, fibers in the material will become uniformly suspended to form homogeneous slurry. • Absorption Capacity: When hydraulically sprayed on the ground, the material will form a blotter-like groundcover impregnated uniformly with seed which will allow the absorption of moisture and allow rainfall to percolate to the underiying soil. 2. Specifications • Weight: Weight specificafions of this material from suppliers, and for all applicafions, shall refer only to air dry weight of the fiber material. Absolute air dry weight is based on the normal standards of the Technical Associafion of the Pulp and Paper Industry for wood cellulose and is considered equivalent to 10% moisture. • • Labeling: Each package of the cellulose fiber shall be marked by the manufacturer to show the air dry weight content. C. Hydraulic Eguipment For Hydroseeding 1. Mixer: Use a commercial type hydro-seeder for the applicafion of slurry. Equipment shall have a built-in agitation system with an operating capacity sufficient to agitate, suspend and homogenously mix slurry. 2. Distribution Lines: Large enough to prevent stoppage and to provide even distribution of the slurry over the ground. 3. Pump Capacity: 150 psi at the nozzle. 4. Slurry Tank: Minimum capacity of 1000 gallons and shall be mounted on a traveling unit which will place the slurry tank and spray nozzles within sufficient proximity to the areas to be seeded so as to provide uniform distribution without waste. D. Water 1. Transport as required. 2. Keep hydroseed areas moist during the establishment period. Contractor shall provide temporary irrigation system or hand watering as necessary to ensure new plant material JUNE 2012 CONTRACT 5031 HYDROSEEDING SANTA FE II RESERVOIR IMPROVEMENTS 02975-4 has sufficient water to sustain plant material in a healthy vigorous condition until final project acceptance. E. Mycorrhizal Innoculum • Type: AMI2-0 Arbuscular Mycorrhizal Inoculum. • Supplier: S & S Seeds, or equal as approved by Engineer. F. Delayed Release (Dr) Fertilizer 1. Type: (22-7-11 + Minors). 2. Manufacturer: Reforestation Technologies International, or equal as approved by Engineer. PART 3 - PRODUCTS A. Areas Scheduling: Perform seeding on a secfion by secfion basis. Upon approval of Engineer. B. Weed Abatement Spray out existing grasses, weeds, etc. with herbicide and remove all dead material including root systems prior to soil preparation. After removal of existing grasses/weeds, repeat herbicide treatment two (2) more times, allowing minimum of 2 weeks germination time between treatments, to eliminate all existing weeds and grasses. Weed Abatement to continue until all weeds are killed and removed from the site and acceptable to project engineer. C. Soil Preparation 1. Verification: • Stones, Weeds, Debris: Verify that all areas to receive hydroseeding are clear of stones larger than 6 in. diameter, weeds, debris and other extraneous material. • Grades: Verify that grades are within 2 in. plus or minus of the required finished grades. Verify that fertilization and erosion control materials have been installed in another section. Report all variations in writing. 2. Soil Moisture: • Excessive Moisture: Do not commence work of this section when soil moisture content is so great that excessive compaction will occur, nor when it is so dry that dust will form in air or that clods will not break readily. • Inadequate Moisture: Apply water, as necessary, to bring soil to an optimum moisture content for planting. • Slopes: Only planting areas of 2:1 slopes and greater shall have erosion control fabric immediately prior to hydroseeding. D. Hydroseeding 1. Preparation: Do all slurry preparation at the job site. JUNE 2012 CONTRACT 5031 HYDROSEEDING SANTA FE II RESERVOIR IMPROVEMENTS 02975-5 2. Water: Add water to the tank when the engine is at half throttle. When the water level has reached the height of the agitator shaft, establish good re-circulation and add seed. 3. Seed: Do not allow seed to remain more than 30 min. in slurry. 4. Fertilizer: Add fertilizer, followed by the mulch. The mulch shall only be added to the mixture after the seed, and when the tank is at least 1/3 filled with water. 5. Mixing: Open the engine throttle to full speed when the tank is half-filled with water. Add all the mulch by the time the tank is 2/3 to 3/4 full. Commence spraying immediately when the tank is full. E. Application 1. General: Apply specified slurry mix in a sweeping motion to form a uniform mat at the specified rate. Keep hydroseeding within designated areas and keep from contact with other plant materials. The Contractor shall not apply hydroseed during windy conditions. 2. Unused Mix: Do not use slurry mixture which has not been applied within 4 hours of mixing. Promptly remove from the site. 3. Protection: After application, do not operate any equipment over the seeded areas. 4. Reseeding: Reseed all areas and parts of areas which fail to show a uniform stand of native planting until all areas are covered with a satisfactory stand of plants. F. Supplemental Watering 1. Contractor to provide supplemental watering to the planting areas as necessary to establish plant material throughout the 120 day establishment period. 2. Contractor to provide supplemental watering by installing temporary irrigation system or by hand watering as necessary to sustain plant vegetation throughout the first growing season and until 70% vegetation coverage is achieved. G. Clean-Up 1. General: Keep all areas of work clean, neat and orderly at all times. Keep all paved areas clean during planfing operations. 2. Overspray: Immediately after application, thoroughly wash off any plant materials, planting areas, or paved areas not intended to receive slurry mix. 3. Debris: Clean up and remove all deleterious materials and debris from the entire work area prior to Date of Final Acceptance of all landscape areas on all project sites defined by Contract Drawings. JUNE 2012 CONTRACT 5031 HYDROSEEDING SANTA FE II RESERVOIR IMPROVEMENTS 02975-6 PART 4 - MEASUREMENT AND PAYMENT No separate payment item is provided for this work. The costs of furnishing and maintaining such facilities shall be included the various listed work items of the Bid Schedule for which hydroseeding is required. END OF SECTION JUNE 2012 CONTRACT 5031 HYDROSEEDING SANTA FE II RESERVOIR IMPROVEMENTS 02975-7 SECTION 09900 PAINTING AND COATING PART 1 GENERAL A. DESCRIPTION This section includes materials and application of painting and coating systems for the following surfaces: • Concrete and masonry. • Exterior architectural coatings and finishes. It does not include coating steel water tanks and reservoirs. B. RELATED WORK SPECIFIED ELSEWHERE Demolition: 02050 C. SUBMITTALS 1. Submit shop drawings in accordance with the General Provisions and Section 01330. Submit manufacturer's data sheets showing the following information: Percent solids by volume. Minimum and maximum recommended dry-film thickness per coat for prime, intermediate, and finish coats. Recommended surface preparation. Recommended thinners. Statement verifying that the specified prime coat is recommended by the manufacturer for use with the specified intermediate and finish coats. Application instructions including recommended equipment and temperature limitations. Curing requirements and instructions. 3. Submit color swatches. 4. Submit certificate and supplier's data sheets identifying the type and gradation of abrasives used for surface preparation. The certificate or data sheets shall specifically identify that the abrasives comply with federal and state of California regulations for materials to be used for abrasive blasting for surface preparation for paints and coatings. 5. Submit material safety data sheets for each coating. PART 2 MATERIALS A. PAINTING AND COATING SYSTEMS JUNE 2012 CONTRACT 5031 SANTA FE 11 RESERVOIR IMPROVEMENTS PAINTING & COATING 09900-1 The following index lists the various painting and coating systems by service and generic type: Title Generic Coating Exterior Architectural Coatings and Finishes Flat Finish on Exterior Concrete and Cement Plaster Acrylic latex This system is specified in detail in the following paragraph. For each coating, the required surface preparation, prime coat, intermediate coat (if required), topcoat, and coating thicknesses are described. Mil thicknesses shown are minimum dry-film thicknesses. B. EXTERIOR ARCHITECTURAL COATINGS AND FINISHES System No. 71-Flat Finish on Exterior Concrete and Cement Plaster: • Type: Acrylic fiat with minimum volume solids of 40% with an epoxy acrylic sealer prime coat. • Surface Preparation: In accordance with Part 3, subsection on "Preparation of Concrete and Masonry Surfaces To Be Coated." • Prime Coat: Dunn-Edwards W-709 Eff-Stop, Frazee 266 Epotilt, or equal; 2 to 3 mils. • Intermediate Coat: Dunn-Edwards W-704 Acri-fiat, Frazee 203 Duratec II, ICI Dulux acrylic primer, ShenA/in-Williams Loxon A24W300, or equal; 2 mils. • Finish Coat: Two coats, 1.5 mils dry each, or one coat, 3 mils total, of Dunn-Edwards W-704 Acri-flat, Frazee 203 Duratec II, ICI Dulux 2200, ShenA/in-Williams A-100 A6 series, or equal. C. ABRASIVES FOR SURFACE PREPARATION 1. Abrasives used for preparation of concrete and masonry surfaces shall be 16 to 30 or 16 to 40 mesh silica sand. 2. In the above gradations, 100% of the material shall pass through the first stated sieve size and 100% shall be retained on the second stated sieve size. PART 3 EXECUTION A. WEATHER CONDITIONS 1. Do not paint In the rain, wind, snow, mist, and fog or when steel or metal surface temperatures are less than 5*'F above the dew point. 2. Do not apply paint when the relafive humidity is above 85%. 3. Do not paint when temperature of metal to be painted is above 120T. 4. Do not apply epoxy, acrylic latex, and polyurethane paints on an exterior or interior surface if air or surface temperature is below SOT or expected to drop below 60T In 24 hours. JUNE 2012 CONTRACT 5031 PAINTING & COATING SANTA FE II RESERVOIR IMPROVEMENTS 09900-2 B. SURFACE PREPARATION PROCEDURES 1. Do not abrasive blast or prepare more surface area In one day than can be coated in one day; prepare surfaces and apply coatings the same day. 2. Surface preparation shall conform with the SSPC specifications as follows: 4. Solvent Cleaning SP-1 Hand Tool Cleaning SP-2 Power Tool Cleaning SP-3 White Metal Blast Cleaning SP-5 Commercial Blast Cleaning SP-6 Brush-Off Blast Cleaning SP-7 Pickling SP-8 Near-White Blast Cleaning SP-10 Power Tool Cleaning to Bare Metal SP-11 Surface Preparation and Cleaning of Steel and Other Hard Materials by High- and Ultrahigh-Pressure Water Jetting Prior to Recoating SP-12 Surface Preparation of Concrete SP-13 Wherever the words "solvent cleaning," "hand tool cleaning," "wire brushing," or "blast cleaning" or similar words are used in these specifications or in paint manufacturer's specifications, they shall be understood to refer to the applicable SSPC (Society for Protective Coatings), surface preparation specifications listed above. Brush-off blasting of concrete and masonry surfaces Is defined as opening subsurface holes and voids and etching the surface for a coating to bond. Do not apply any part of a coating system before the Owner's Representative has reviewed the surface preparation. If coating has been applied without this review, if directed by the Owner's Representative, remove the applied coating by abrasive blasting and reapply the coat in accordance with this specification. ABRASIVE BLAST CLEANING Use dry abrasive blast cleaning for metal surfaces. Do not use abrasives in automafic equipment that have become contaminated. When shop or field blast cleaning with handheld nozzles, do not recycle or reuse blast particles. After abrasive blast cleaning and prior to application of coating, dry clean surfaces to be coated by dusting, sweeping, and vacuuming to remove residue from blasting. Apply the specified primer or touch-up coating within the period of an eight-hour working day. Do not apply coating over damp or moist surfaces. Reclean prior to application of primer or touch-up coating any blast cleaned surface not coated within said eight-hour period. Keep the area of the work in a clean condition and do not permit blasting particles to accumulate and constitute a nuisance or hazard. JUNE 2012 CONTRACT 5031 SANTA FE II RESERVOIR IMPROVEMENTS PAINTING & COATING 09900-3 4. During abrasive blast cleaning, prevent damage to adjacent coatings. Schedule blast cleaning and coating such that dust, dirt, blast particles, old coatings, mst, mill scale, etc., will not damage or fall upon wet or newly coated surfaces. PREPARATION OF CONCRETE AND MASONRY SURFACES TO BE COATED 1. Surface preparation of concrete and masonry surfaces shall be in accordance with SSPC SP-13 and the following. 2. Do not apply coating until concrete has cured at least 30 days. Do not use curing compound on surfaces that are to be coated. 3. Concrete and masonry surfaces on which coatings are to be applied shall be of even color, gray or gray-white. The surface shall have no pits, pockets, holes, or sharp changes of surface elevation. Scrubbing with a stiff-bristle fiber brush shall produce no dusting or dislpdging of cement or sand. Sprinkling water on the surface shall produce no water beads or standing droplets. Concrete and masonry shall be free of laitance and slick surfaces. 4. Detergent clean the concrete or masonry surface with trisodium phosphate per ASTM D4258. Then sandblast surfaces (brush-off blast). After sandblasting, wash surfaces with water to remove dust and salts, per ASTM D4258 or D4261. The grain of the concrete surface to touch shall not be rougher than that of No. 10 mesh sand. 5. Acceptance criteria for concrete surfaces shall be in accordance with SSPC SP-13, Table 1, "Severe Service." 6. Do not apply coatings to concrete when the concrete is outgassing. Apply coatings only when the concrete surface temperature is stable, not rising. 7. All materials of a specified painting system, including primer, intermediate, and finish coats, shall be produced by the same manufacturer. Thinners, cleaners, driers, and other additives shall be as recommended by the paint manufacturer for the particular coating system. 8. Deliver paints to the jobsite in the original, unopened containers. PAINT STORAGE AND MIXING 1. Store and mix materials only in areas designated for that purpose by the Owner's Representative. The area shall be well-ventilated, with precautionary measures taken to prevent fire hazards. Post "No Smoking" signs. Storage and mixing areas shall be clean and free of rags, waste, and scrapings. Tightly close containers after each use. Store paint at an ambient temperature from 50T to 10OT. 2. Prepare multiple-component coatings using all of the contents of the container for each component as packaged by the paint manufacturer. Do not use partial batches. Do not use multiple-component coatings that have been mixed beyond their pot life. Provide small quantity kits for touch-up painting and for painting other small areas. Mix only the components specified and furnished by the paint manufacturer. Do not intermix JUNE 2012 CONTRACT 5031 PAINTING & COATING SANTA FE 11 RESERVOIR IMPROVEMENTS 09900-4 additional components for reasons of color or otherwise, even within the same generic type of coating. PROCEDURES FOR THE APPLICATION OF COATINGS 1. Conform to the requirements of SSPC PA-1. Follow the recommendations of the coating manufacturer including the selection of spray equipment, brushes, rollers, cleaners, thinners, mixing, drying time, temperature and humidity of application, and safety precautions. 2. Stir, strain, and keep coating materials at a uniform consistency during application. Power mix components. For multiple component materials, premix each component before combining. Apply each coating evenly, free of brush marks, sags, runs, and other evidence of poor workmanship. Use a different shade or tint on succeeding coating applications to indicate coverage where possible. Finished surfaces shall be free from defects or blemishes. 3. Do not use thinners unless recommended by the coating manufacturer. If thinning is allowed, do not exceed the maximum allowable amount of thinner per gallon of coating material. Stir coating materials at all times when adding thinner. Do not fiood the coating material surface with thinner prior to mixing. Do not reduce coating materials more than is absolutely necessary to obtain the proper application characteristics and to obtain the specified dry-film thicknesses. 4. Remove dust, blast particles, and other debris from blast cleaned surfaces by dusting, sweeping, and vacuuming. Allow ventilator fans to clean airborne dust to provide good visibility of working area prior to coating applications. Remove dust from coated surfaces by dusting, sweeping, and vacuuming prior to applying succeeding coats. 5. Apply coating systems to the specified minimum dry-film thicknesses as determined per SSPC PA-2. 6. Apply primer immediately after blast cleaning and before any surface rusting occurs, or any dust, dirt, or any foreign matter has accumulated. Reclean surfaces by blast cleaning that have surface colored or become moist prior to coating application. 7. Apply a brush coat of primer on welds, sharp edges, nuts, bolts, and irregular surfaces prior to the application of the primer and finish coat. Apply the brush coat prior to and in conjunction with the spray coat application. Apply the spray coat over the brush coat. 8. Before applying subsequent coats, allow the primer and intermediate coats to dry for the minimum curing time recommended by the manufacturer. In no case shall the time between coats exceed the manufacturer's recommendation. 9. Each coat shall cover the surface of the preceding coat completely, and there shall be a visually perceptible difference in applied shade or tint of colors. 10. Applied coating systems shall be cured at 75^ or higher for 48 hours, ff temperature is lower than 75T, curing time shall be In accordance with printed recommendations of the manufacturer, unless othenA/ise allowed by the Owner's Representative. JUNE 2012 CONTRACT 5031 PAINTING & COATING SANTA FE 11 RESERVOIR IMPROVEMENTS 09900-5 11. Assembled parts shall be disassembled sufficiently before painting or coating to ensure complete coverage by the required coating. G. SURFACES NOT TO BE COATED Do not paint the following surfaces unless othenA/ise noted in the drawings or in other specification sections. Protect during the painting of adjacent areas: Concrete walkways and flatwork Mortar-coated pipe and fittings Stainless steel Metal letters Glass Tank Roof Fencing Copper tubing, red brass piping, and PVC piping except where such piping occurs in rooms where the walls are painted, or required for color coding Electrical fixtures except for factory coatings Nameplates Grease fittings Brass and copper, submerged Buried pipe, unless specifically required in the piping specifications Fiberglass items, unless specifically required in the FRP specifications Aluminum handrail, stairs, and grating Insulated pipe H. PROTECTION OF SURFACES NOT TO BE PAINTED Remove, mask, or othenA/ise protect hardware, lighting fixtures, switch plates, aluminum surfaces, machined surfaces, couplings, shafts, bearings, nameplates on machinery, and other surfaces not intended to be painted. Provide drop cloths to prevent paint materials from falling on or marring adjacent surfaces. Protect working parts of mechanical and electrical equipment from damage during surface preparation and painting process. Mask openings in motors to prevent paint and other materials from entering the motors. I. SURFACES TO BE COATED The exact coating to be applied in any location is not designated by the descriptive phrases in the coating system tities such as "corrosive environment," "buried metal," or "submerged metal." Coat surfaces with the specific coating systems as described below: • Coat concrete surfaces where shown In the drawings. Apply System No. 71 on exposed exterior concrete, unless othenA/lse shown in the drawings. J. DRY-FILM THICKNESS TESTING 1. Measure coating thickness specified for concrete or masonry surfaces In accordance with ASTM D4138. Test the finish coat of concrete and masonry surfaces in accordance with NACE SP0188-2006 or ASTM D4787. Patch coatings at the points of thickness measurement or holiday detection. JUNE 2012 CONTRACT 5031 PAINTING & COATING SANTA FE II RESERVOIR IMPROVEMENTS 09900-6 2. Check each coat for the correct dry-film thickness. Do not measure within eight hours • after application of the coating. 3. For concrete surfaces, make five separate spot measurements spaced evenly over each 100 square feet of area (or fraction thereof) to be measured. The average of five spot measurements for each such 100-square-foot area shall not be less than the specified thickness. No single spot measurement in any 100-square-foot area shall be less than 80%, or more than 120%, of the specified thickness. 4. Perform tests in the presence of the Owner's Representative. K. REPAIR OF IMPROPERLY COATED SURFACES If the item has an improper finish color or Insufficient film thickness, clean and topcoat the surface with the specified paint material to obtain the specified color and coverage. Sandblast or power-sand visible areas of chipped, peeled, or abraded paint, feathering the edges. Then prime and finish coat in accordance with the specifications. Work shall be free of runs, bridges, shiners, laps, or other imperfections. L. CLEANING 1. During the progress of the work, remove discarded materials, rubbish, cans, and rags at the end of each day's work. 2. Thoroughly clean brushes and other application equipment at the end of each period of -a use and when changing to another paint or color. 3. Upon completion of painting work, remove masking tape, tarps, and other protective materials, using care not to damage finished surfaces. END OF SECTION JUNE 2012 CONTRACT 5031 SANTA FE II RESERVOIR IMPROVEMENTS PAINTING & COATING 09900-7 SECTION 32328 CRIB WALL RECONSTRUCTION PARTI GENERAL A. Description This section covers the materials, fabrication, and reconstruction for concrete crib type earth retaining structures. The scope of work includes but is not limited to any necessary foundation- soil improvements, grading and compaction of the wall foundation, installation of geosynthetic fabric, installation of any drainage systems, general and local dewatering, and construction of leveling pads, bin erection, compaction of cribfill material, and compaction of backfill material. All items not specifically addressed in this section shall conform to the latest applicable sections of the latest edition of the Standard Specifications for Public Works Construction. B. Related Work Specified Elsewhere Existing Conditions: General Conditions Measurement and Payment: 01200 Quality Control: 01450 Protecting Existing Underground Utilities: 02222 Earthwork: 02200 C. Design Criteria The current AASHTO Standard Specifications for Highway Bridges with Interims shall be used as a basis for design. D. Submittals 1. Requirements for submittals are outlined in Section 01330. 2. Design Calculations for Crib Wall 3. Drawing C-2 of the contract plans depicts a lower Crib Wall Improvements profile based on "as-bullf drawings. The Contractor shall submit the number of Cribwall members necessary to construct the wall as shown on drawing C-2. This submittal shall Include a statement that all the members retained for the lower Crib wall reconstruction have been approved for reuse by the City or City's representative. 4. Geosynthetic Fabric 5. Epoxy 6. Securing Pins for Geosynthetic Fabric 7. Submit manufacturer's recommended installation instructions and details. JUNE 2012 CONTRACT 5031 CRIB WALL RECONSTRUCTION SANTA FE II RESERVOIR IMPROVEMENTS 32328-1 PART 2 MATERIALS A. Reconstruction The following items are the construction materials requirements necessary for crib wall design and reconstruction: 1. Reclaimed pre-cast concrete crib units 2. The reclaimed pre-cast crib units are to be Inspected by the City or City's representative and approved prior to their reuse in the reconstruction of the lower crib wall. Any Crib Wall unit deemed defective or unusable by the City or City's representative shall be disposed of in accordance with Section 02050. 3. Cast-in-place concrete for caps, copings, and end sections may be of Class A concrete adhering to all of the requirements of Section 201 of the latest edition of the Standard Specifications for Public Works Construction. 4. All reinforcing steel shall conform to the requirements of ASTM A 615, Grade 60. 5. Lifting hooks and threaded inserts shall be of the size indicated on the working drawings. 6. When required, imbedded items must be galvanized in accordance with ASTM A 153. 8. 9. Securing pins for geosynthetic fabric shall be 3/16-inch-diameter steel, pointed at one end, and fabricated with a head to retain a steel washer having an outside diameter of no less than 1.5 inches. The lengths of the pins shall be no more or no less than 12 inches. Filter fabric shall be manufactured from polyester, nylon, or polypropylene material; shall be of nonwoven construction; and shall meet the following requirements: • Grab tensile strength (ASTM D1682): 100 lbs minimum for a 1-inch grip. • Equivalent open sizes (UFGS-02373) or apparent opening size per ASTM D4751. • Filter fabric shall be MIRAFI, manufactured by Mirafi Inc., Chariotte, North Carolina; or equal. Epoxy shall be 2-component, 100% solids, non-sag, knife-grade consistency, moisture tolerant, high modulus, high strength, structural epoxy adhesive and shall have the following properties: ^^^^ Cured Properties Test Methods STRE NGTHS Compressive 6,900 psi ASTM D-695 at 7 days Tensile 2,400 psi ASTM D-638 at 7 days Flexural 5,600 psi ASTM D-790 at 7 days MODULUS Compressive 161,000 psi ASTM D-695 at 7 days Tensile 852,500 psi ASTM D-638 at 7 days Flexural 506,000 psi ASTM D-790 at 7 days JUNE 2012 CONTRACT 5031 SANTA FE II RESERVOIR IMPROVEMENTS CRIB WALL RECONSTRUCTION 32328-2 B. Cribwall Backfill 1. All wall backfill material shall be approved by the City or City's Representative prior to placement. 2. Filter protection (geosynthetic fabric) is required. 3. All wall backfill material shall be tested at the established frequencies by the City or City's Representative before the next lift is placed. PART 3 EXECUTION A. General 1. The Contractor shall salvage and retain a sufficient number of reclaimed Crib Wall members approved by the City or City's Representative sufficient to execute the work. 2. The Contractor shall perform any soil improvement, such as undercutting and backfilling before foundation preparation. 3. Scarify the boundary between the undisturbed and recompacted backfill. 4. Install geosynthetic fabric as shown on the contract plans. Geosynthefic fabric shall be applied from the concrete tank wall, up the backside of the Crib Wall, to the top of the Crib Wall in continuous runs. Each successive run shall overiap the previous run by 12". Anchor the geosynthetic fabric using securing pins. 5. Following any excavation necessary for the reconstruction of the crib wall system, the Contractor shall notify the City or City's Representative for approval of the character of the existing backfill material. No crib wall system work shall proceed until approval has been granted. 6. Recompact the soil on which the reconstructed wall will rest to at least 95% of the maximum laboratory dry density as evaluated by ASTM D1557. 7. The correct batter of the reconstructed wall shall match the existing wall batter. 8. The cribwall backfill should be placed and compacted to at least 95% of the maximum laboratory dry density as evaluated by ASTM D1557 in layers no thicker than 8". 9. Backfilling behind the crib system shall follow Crib Wall erection as closely as possible. The wall height should never be greater than two feet above the backfill. 10. Any underdrain or subdrain shall be protected In place unless noted othenA/ise on the contract plans. 11. The Contractor shall furnish, Install, operate, and maintain satisfactory shoring and dewatering systems as required to maintain the site in a safe, dry, and workable condition. These systems shall be continued as long as necessary. JUNE 2012 CONTRACT 5031 CRIB WALL RECONSTRUCTION SANTA FE 11 RESERVOIR IMPROVEMENTS 32328-3 B. Measurement and Payment Measurement for payment for the cribwall reconstruction will be made in square feet. Payment for all the work in this section shall be included as part of the contract unit price bid amount for work as stated in the Bid Schedule and no additional compensation will be allowed therefore. Measurement for payment for the Geosynthetic Fabric will be made in square yards. Payment for all the work in this section shall be included as part of the contract unit price bid amount for work as stated in the Bid Schedule and no additional compensation will be allowed therefore. No separate payment items are provided for securing pins or epoxy work. The costs of shall be included in the various listed work items of the Bid Schedule for which securing pins and epoxy are required. END OF SECTION JUNE 2012 CONTRACT 5031 CRIB WALL RECONSTRUCTION SANTA FE II RESERVOIR IMPROVEMENTS 32328-4