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Palm Engineering Construction Comany Inc; 2010-01-29; PWS10-01ENG
RECORDED REQUESTED BY CITY OF CARLSBAD AND WHEN RECORDED PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village DriveCarlsbad, California 92008 DOC # 201 0-04971 52 I 11111111 111 1111111111 11111 111111111111111 11111 IIIII 11111 111111111 1111 SEP 20, 2010 11:58 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L. BUTLER, COUNTY RECORDER FEES: 0.00 PAGES: 1 1111 11111111111111111111111 1111111111111111111111111111111111111111111111111111111111 Space above this line for Recorder's use. PARCEL NO: N/A --------- NOTICE OF COMPLETION Notice is hereby given that: 1.The undersigned is owner of the interest or estate stated below in the property hereinafter described. 2.The full name of the undersigned is City of Carlsbad, a municipal corporation.3.The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California 92008. 4.The nature of the title of the undersigned is: In fee.5.A work or improvement on the property hereinafter described was completed on July 20, 2010.6.The name of the contractor for such work or improvement is Palm Engineering ConstructionCompany, Inc. 7.The property on which said work or improvement was completed is in the City of Carlsbad, County ofSan Diego, State of California, and is described as follows: Project No. 6020, Marbella Wa�IBeautification. 8.The street address of said property is in the City of Carlsbad. I, the undersigned, say: CITY OF CARLSBAD '<. tAtJ-= �City Engln� fc4'he,k. Va�Aa.f\ De-fuiy VERIFICATION OF CITY CLERK I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California,92008; the City Manager of said City on �� �hd.. , 20JQ_, accepted the above described work as completed and orderedtataNotice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Word\Masters\Forms\Notice of Complet,on (City) ��� LORRAINE M. W�"'7 City Clerk IL I ·· Donf'\.t\ rrt!ro...,5DepcA:J 3/9/98 CITY OF CARLSBAD CONTRACT CHANGE ORDER TRANSMITTAL -C/O #2 Project: 6020 MARBELLA WALL BEAUTIFICATION IMPROVEMENTS Date Routed: Department Head Construction Management & Inspection Finance Director City Manager/Mayor Construction Management & Inspection Reasons for changes: Item 1 : Additional wood backing was needed to attach drain board to the top of the wall to give retaining wall a uniform cap appearance. Item 2 : Install additional Nelson Studs for rebar support on end of wall and back of wall for the shotcrete application. Item 3 : Provide 9 additional shrubs to cover each panel of the wall. Item 4: Additional shotcrete was applied to "I" beams on backside of wall to existing grade. COST ACCOUNTING SUMMARY: Original contract amount...................................................... $ Total amount this C/O... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...... ... ... $ Total amount of previous C/O's... ... ... ... ... ...... ... ...... ... ...... ...... $ Total C/O's to date.............................................................. $ New Contract Amount... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ Total C/O's as % of original contract.. .................................... . Contingency monies encumbered........................................... $ Contingency increase........................................................... $ Contingency Subtotal............................................................ $ Total C/O's to date............................................................... $ Contingency Balance............................................................ $ 55,320.00 4,391.62 10,360.00 14,751.62 70,071.62 26.7% 10,360.00 4,391.62 14,751.62 14,751.62 0.00 This project did not go to the City Council for award as the total contract amount was less than the amount required for Council approval. There are adequate funds available in the project budget to fund this proposed change order. Upon execution of the change order, additional monies in the amount of $4,391.62 will be encumbered. K:\CAPIT AL-ACTIVE\6020 Marbella Wall Beautification\Changc Ordcrs\CHANGE ORDER 6020 CC0#2.docx CITY OF CARLSBAD CONTRACT CHANGE ORDER TRANSMITTAL -C/0 #1 Project: 6020 / MARSELLA WALL BEAUTIFICATION IMPROVEMENTS Date Routed: s,,,1,,,., o Reasons for changes: City Engineer Engineering Inspection Finance Director City Manager/Mayor Engineering Inspection Item 1 : In order to mitigate the potential for any future corrosion occurring on the existing retaining wall tie-back ends, the City requested the contractor remove and paint the exposed metal with an epoxy paint. Once painting is completed, the exposed tie back ends will be covered with shotcrete per the approved contract. Item 2 : Increase the quantity of bid item A-3, Construct reinforced shotcrete wall, by 400 square feet. The unit price of bid item A-3 is $16.00 per square foot. COST ACCOUNTING SUMMARY: Original contract amount....................................................... $ 55,320.00 Total amount this c/o............................................................ $ 10,360.00 Total amount of previous c/o's.............. .... .. .. .. .. . . .. .. .. .. .. .. .. .. .... $ 0.00 Total c/o's to date................................................................ $ 10,360.00 New Contract Amount........................................................... $ 65,680.00 Total C/O's as % of original contract ....................................................... 18.73% Contingency monies encumbered........................................... $ Contingency increase........................................................... $ Contingency Subtotal............................................................ $ Total c/o's to date................................................................ $ Contingency Balance............................................................ $ 0.00 10,360.00 0.00 10,360.00 10,360.00 This project did not go to the City Council for award as the total contract amount was less than the amount required for Council approval. There are adequate funds available in the project budget to fund this proposed change order. Upon execution of the change order, additional monies in the amount of $10,360.00 will be encumbered. K:\CAPIT AL-ACTIVE\6020 Marbella Wall Beautification\Change Orders\CHANGE ORDER 6020 CCO# I .doc CITY OF CARLSBAD San Diego County California CONTRACT DOCUMENTS, GENERAL PROVISIONS, SUPPLEMENTAL PROVISIONS, AND TECHNICAL SPECIFICATIONS FOR MARBELLA WALL BEAUTIFICATION IMPROVEMENTS CONTRACT NO. 6020 ^ BID NO. PWS10-01ENG Am¥ Revised 03/25/09 Contract No. 6020 Page 1 of 1 TABLE OF CONTENTS Item Page Notice Inviting Bids 8 Contractor's Proposal 12 Bid Security Form 17 Bidder's Bond to Accompany Proposal 18 Guide for Completing the "Designation Of Subcontractors" Form 20 Designation of Subcontractor and Amount of Subcontractor's Bid Items 22 Bidder's Statement of Technical Ability and Experience 23 Bidder's Certificate of Insurance for General Liability, Employers' Liability, Automotive Liability and Workers'Compensation 24 Bidder's Statement Re Debarment 25 Bidder's Disclosure of Discipline Record 26 Non-Collusion Affidavit to Be Executed by Bidder and Submitted with Bid 28 Contract Public Works 29 Labor and Materials Bond 35 Faithful Performance/Warranty Bond : 37 Optional Escrow Agreement for Surety Deposits in Lieu of Retention 39 Revised 03/25/09 Contract No. 6020 Page 2 of 116 Pages GENERAL PROVISIONS Section 1 Terms, Definitions Abbreviations and Symbols 1-1 Terms 42 1-2 Definitions 43 1-3 Abbreviations 47 1-4 Units of Measure 50 1-5 Symbols 51 Section 2 Scope and Control of The Work 2-1 Award and Execution of Contract 52 2-2 Assignment 52 2-3 Subcontracts 52 2-4 Contract Bonds 53 2-5 Plans and Specifications 54 2-6 Workto be Done 58 2-7 Subsurface Data 58 2-8 Right-of-Way 58 2-9 Surveying 58 2-10 Authority of Board and Engineer 62 2-11 Inspection 63 Section 3 Changes in Work 3-1 Changes Requested by the Contractor 64 3-2 Changes Initiated by the Agency 64 3-3 Extra Work 65 3-4 Changed Conditions 67 3-5 Disputed Work 69 Section 4 Control of Materials 4-1 Materials and Workmanship 72 4-2 Materials Transportation, Handling and Storage 76 Section 5 Utilities 5-1 Location 77 5-2 Protection 77 5-3 Removal 78 5-4 Relocation 78 5-5 Delays 79 5-6 Cooperation 79 Section 6 Prosecution, Progress and Acceptance of the Work 6-1 Construction Schedule and Commencement of Work 80 6-2 Prosecution of Work 83 6-3 Suspension of Work 84 6-4 Default by Contractor 84 6-5 Termination of Contract 85 6-6 Delays and Extensions of Time 85 6-7 Time of Completion 86 6-8 Completion, Acceptance, and Warranty 87 6-9 Liquidated Damages 87 6-10 Use of Improvement During Construction 87 Revised 03/25/09 Contract No. 6020 Page 3 of 116 Pages Section 7 Responsibilities of the Contractor 7-1 Contractor's Equipment and Facilities 88 7-2 Labor 88 7-3 Liability Insurance 88 7-4 Workers'Compensation Insurance 88 7-5 Permits 89 7-6 The Contractor's Representative 89 7-7 Cooperation and Collateral Work 89 7-8 Project Site Maintenance 90 7-9 Protection and Restoration of Existing Improvements 91 7-10 Public Convenience and Safety 92 7-11 Patent Fees or Royalties 99 7-12 Advertising 99 7-13 Laws to be Observed 99 7-14 Antitrust Claims 99 Section 8 Facilities for Agency Personnel 8-1 General 100 8-2 Field Office Facilities 100 8-3 Field Laboratories 100 8-4 Bathhouse Facilities 100 8-5 Removal of Facilities 100 8-6 Basis of Payment 100 Section 9 Measurement and Payment 9-1 Measurement of Quantities for Unit Price Work 101 9-2 Lump Sum Work 101 9-3 Payment 101 Revised 03/25/09 Contract No. 6020 Page 4 of 116 Pages SUPPLEMENTAL PROVISIONS TO PART 2, 3 AND 6 OF THE SSPWC Part 2 Construction Materials Section 201 Concrete, Mortar and Related Materials 201-1 Portland Cement Concrete 105 Section 212 Landscape and Irrigation Materials 212-1 Landscape Materials 105 Section 213 Engineering Fabrics 213-3 Erosion Control Specialties 108 Revised 03/25/09 Contract No. 6020 Page 5 of 116 Pages PART 3 Construction Methods Section 300 Earthwork 300-1 Clearing and Grubbing 109 300-2 Unclassified Excavation 109 300-9 Geotextiles for Erosion Control and Water Pollution Control 109 Section 308 Landscape and Irrigation Installation 308-2 Earthwork and Topsoil Placement 110 308-4 Planting 112 308-6 Maintenance and Plant Establishment 113 308-7 Guarantee 113 308-8 Measurement and Payment 116 Revised 03/25/09 Contract No. 6020 Page 6 of 116 Pages TECHNICAL SPECIFICATIONS DIVISION 01 - GENERAL REQUIREMENTS DIVISION 02 - SITE WORK DIVISION 03 - CONCRETE 03371 . Shotcrete 03372 . Composite Drainboard DIVISION 04 - MASONRY DIVISION 05 - METALS DIVISION 06 - WOOD AND PLASTICS DIVISION 07 - THERMAL AND MOISTURE PROTECTION DIVISION 08 - DOORS AND WINDOWS DIVISION 09-FINISHES 09961 Graffiti Resistant Coating 09900 Painting and Coating DIVISION 10 - SPECIALTIES DIVISION 11 - EQUIPMENT DIVISION 12 - FURNISHINGS DIVISION 13 - SPECIAL CONSTRUCTION DIVISION 14 - CONVEYING SYSTEMS DIVISION 15 - MECHANICAL DIVISION 16 - ELECTRICAL DIVISION 17 - INSTRUMENTATION AND CONTROL Revised 03/25/09 Contract No. 6020 Page 7 of 116 Pages CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS UNTIL 2:00 PM ON DECEMBER 2, 2009, the City shall accept sealed bids, clearly marked as such, at the Faraday Center, 1635 Faraday Avenue, Carlsbad, CA 92008-7314, Attn: Purchasing Officer, by mail, delivery service or by deposit in the Bid Box located in the first floor lobby, at which time they will be opened and read, for performing the work as follows: construct shotcrete wall over existing retaining wall, construct sidewalk, and install landscaping MARBELLA WALL BEAUTIFICATION IMPROVEMENTS CONTRACT NO. 6020 BID NO. PWS10-01ENG INSTRUCTIONS TO BIDDERS AND BID REQUIREMENTS This bid and the terms of the Contract Documents and General Provisions constitute an irrevocable offer that shall remain valid and in full force for a period of 90 days and such additional time as may be mutually agreed upon by the City of Carlsbad and the Bidder. No bid will be received unless it is made on a proposal form furnished by the Purchasing Department. Each bid must be accompanied by security in a form and amount required by law. The bidder's security of the second and third next lowest responsive bidders may be withheld until the Contract has been fully executed. The security submitted by all other unsuccessful bidders shall be returned to them, or deemed void, within ten (10) days after the Contract is awarded. Pursuant to the provisions of law (Public Contract Code section 10263), appropriate securities may be substituted for any obligation required by this notice or for any monies withheld by the City to ensure performance under this Contract. Section 10263 of the Public Contract Code requires monies or securities to be deposited with the City or a state or federally chartered bank in California as the escrow agent. The escrow agent shall maintain insurance to cover negligent acts and omissions of the agent in connection with the handling of retentions under this section in an amount not less than $100,000 per contract. The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidding when a contractor or subcontractor has been debarred by the City of Carlsbad or another jurisdiction in the State of California as an irresponsible bidder. The work shall be performed in strict conformity with the plans, provisions, and specifications as approved by the City Council of the City of Carlsbad on file with the Engineering Department. The specifications for the work include City of Carlsbad Technical Specifications and the Standard Specifications for Public Works Construction. Parts 2 & 3, 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. omW Revised 03/25/09 Contract No. 6020 Page 8 of 116 Pages The City of Carlsbad encourages the participation of minority and women-owned businesses. The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contractors to utilize recycled and recyclable materials when available, appropriate and approved by the Engineer. BID DOCUMENTS The bid documents comprise the following documents which must be completed and properly executed including notarization, where indicated. 1 . Contractor's Proposal 2. Bidder's Bond 3. 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 $63,000.00. 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 City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City. In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. Where federal funds are involved the contractor shall be properly licensed at the time the contract is awarded. In all other cases the contractor shall state their license number, expiration date and classification in the proposal, under penalty of perjury. This invitation to bid does not involve federal funds. The following classifications are acceptable for this contract: Class A 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, Carlsbad, California 92008-7314, for a non-refundable fee of $25.00 per set. If plans and specifications are to be mailed, the cost for postage should be added. Revised 03/25/09 Contract No. 6020 Page 9 of 1 16 Pages INTENT OF PLANS AND SPECIFICATIONS Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings, specifications or other contract documents, or finds discrepancies in or omissions from the drawings and specifications may submit to the Engineer a written request for clarification or correction. Any response will be made only by a written addendum duly issued by the Engineer a copy of which will be mailed or delivered to each person receiving a set of the contract documents. No oral response will be made to such inquiry. Prior to the award of the contract, no addition to, modification of or interpretation of any provision in the contract documents will be given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. No bidder may rely on directions given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. REJECTION OF BIDS The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. THE PAYMENT OF PREVAILING WAGES IS NOT REQUIRED The City of Carlsbad is a Charter City. Carlsbad Municipal Code Section 3.28.130 supersedes the provisions of the California Labor Code when the public work is not a statewide concern. The City Council has determined that it is not in the best interest of the city to require the payment of prevailing wages for this project. Payment of prevailing wages is at contractor's discretion. PRE BID MEETING A pre-bid meeting and tour of the project site will not be held. UNIT PRICES AND COMPUTATION OF BIDS All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this "«**>> proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or written in with ink and must be initialed in ink by a person authorized to sign for the Contractor. 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. Revised 03/25/09 Contract No. 6020 Page 10 of 116 Pages BOND AND INSURANCE REQUIREMENTS The Contractor shall provide bonds to secure faithful performance and warranty of the work in an amount equal to one hundred percent (100%) of the Contract price on this project. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to one hundred percent (100%) of the total amount payable by the terms of the contract. These bonds shall be kept in full force and effect during the course of this project, and shall extend in full force and effect and be retained by the City until they are released as stated in the General Provisions section of this contract. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to be accompanied by the following documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the City may require copies of the insurer's most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar days of the insurer's receipt of a request to submit the statements. Insurance is to be placed with insurers that: 1) Have a rating in the most recent Best's Key Rating Guide of at least A-:VII 2) Are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner. Auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated above for all insurance companies. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. Workers' compensation insurance required under this contract must be offered by a company meeting the above standards with the exception that the Best's rating condition is waived. The City does accept policies issued by the State Compensation Fund meeting the requirement for workers' compensation insurance. The Contractor shall be required to maintain insurance as specified in the Contract. Any additional cost of said insurance shall be included in the bid price. The award of the contract by the City Council is contingent upon the Contractor submitting the required bonds and insurance, as described in the contract, within twenty days of bid opening. If the Contractor fails to comply with these requirements, the City may award the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. BUSINESS LICENSE The prime contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. October 14. 2009 Date Publish Date: October 19, 2009 Cfeputy City Clerff 0Revised 03/25/09 Contract No. 6020 Page 11 of 116 Pages CITY OF CARLSBAD MARBELLA WALL BEAUTIFICATION IMPROVEMENTS CONTRACT NO. 6020 CONTRACTOR'S PROPOSAL City Council City of Carlsbad 1 200 Carlsbad Village Drive Carlsbad, California 92008 The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans, Specifications, General Provisions, Contract Documents, and addenda thereto, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work to complete Contract No. 6020 in accordance with the Plans, Specifications, General Provisions, Contract Documents, and addenda thereto and that he/she will take in full payment therefore the following unit prices for each item complete, to wit: SCHEDULE "A" BEAUTIFICATION IMPROVEMENTS Approximate Item Quantity Unit Price Total Amount No. Description And Unit (Figures) (Figures) A-1 Mobilization at Not to $ StnflQ $ |— y/'^f'f'fj ^wgj -rha/i&mA Dig $5,000 (Lump Sum) A-2 Construct Concrete Sidewalk 1.380SF $ H _ $ per SDRSD G-7 at (Per Square Foot) A-3 Construct reinforced 2,000 SF $ shotcrete wall at (Per Square Foot) A-4 Traffic Control at LS $ UOOD $ hOOD (Lump Sum) Revised 03/25/09 Contract No. 6020 Page 12 of 116 Pages Item No. Description A-5 Paint and apply graffiti resistant coating to shotcrete wall at Approximate Quantity And Unit 2,000 SF $ Unit Price (Figures) Total Amount (Figures) S&OOO A-6 A-7 (Per Square Foot) Install Landscaping at f^(Lump Sum) All other work- work shown in the Drawings or Specifications or needed to be done to complete the project but not itemized in items A-1 to A-6 above LS $ Z.t $2.1000 LS $ OPENED, WITNESSED AND IDED: (Lump Sum) Total amount of bid ir\ words, for Schedule,"A":-VtU Total amount of bid in numbers for Schedule "A": $ The basis of award will be the sum of Schedule "A". Price(s) given above are firm for 90 days after date of bid opening. Addendum(a) No(s). KJOc\E^r has/have been received and is/are included in this proposal. The Undersigned has carefully checked all of the above figures and understands that the City will not be responsible for any error or omission on the part of the Undersigned in preparing this bid. The Undersigned agrees that in case of default in executing the required Contract with necessary bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, the City may administratively authorize award of the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do business or act in the capacity of a contractor within the State of California, validly licensed under license number 053030 , classification ftri&iC-E? which expires on Q2/2ft/J| , and that this statement is true and correct and has the legal effect of an affidavit. A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Revised 03/25/09 Contract No. 6020 Page 13 of 116 Pages Check a License or Home Improvement Salesperson (HIS) Registration - Contractors State ... Page 1 of 1 6L|,./«\9v/V Department of Consumer Affairs •*' Contractors State License Board Contractor's License Detail - License # 853930 fclN 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: Expire Date: License Status: Classifications: Bonding: 853930 Extract Date: 01/25/2010 PALM ENGINEERING CONSTRUCTION COMPANY INC 3770 HANCOCK STREET #H SAN DIEGO, CA 92110 Business Phone Number: (619) 291-1945 Corporation 02/01/2005 02/28/2011 This license is current and active. All information below should be reviewed. CLASS DESCRIPTION A GENERAL ENGINEERING CONTRACTOR B GENERAL BUILDING CONTRACTOR C27 LANDSCAPING CONTRACTOR'S BOND This license filed Contractor's Bond number SC6340104 in the amount of $12,500 with the bonding company AMERICAN CONTRACTORS INDEMNITY COMPANY. Effective Date: 03/02/2009 Contractor's Bonding History BOND OF QUALIFYING INDIVIDUAL 1. The Responsible Managing Officer (RMO) RASOUL SHAHBAZI - DASTJERDI 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: 06/05/2007 BQI's Bonding History This license has workers compensation insurance with the GRANITE STATE INSURANCE COMPANY Workers' Compensation: Policy Number: WC001117698 Effective Date: 11/01/2009 Expire Date: 11/01/2010 Workers' Compensation History Personnel listed on this license (current or disassociated) are listed on other licenses. Personnel List Other Licenses Conditions of Use | Privacy Policy Copyright © 2010 State of California https://www2.cslb.ca.gov/OnlineServices/CheckLicense/LicenseDetail.asp 01/25/2010 Check a License or Home Improvement Salesperson (HIS) Registration - Contractors State ... Page 1 of 1 Department of Consumer Affairs • • CGOV Contractors State License Board Contractor's License Detail (Personnel List) Contractor License #: Contractor Name: 853930 PALM ENGINEERING CONSTRUCTION COMPANY INC Click on the person's name to see a more detailed page of information on that person. ASSOCIATION DISASSOCIATION RASOUL SHAHBAZI - DASTJERDI RMO/CEO/PRES 02/01/2005 MORE CLASS More Conditions of Use | Privacy Policy Copyright © 2010 State of California https://www2.cslb.ca.gov/OnlineServices/CheckLicense/PersonnelList.asp?LicNum=85393... 01/25/2010 Business and Professions Code shall be considered nonresponsive and shall be rejected by the City § 7028.15(e). In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. However, at the time the contract is awarded, the contractor shall be properly licensed. The Undersigned bidder hereby represents as follows: 1. That no Council member, officer agent, or employee of the City of Carlsbad is personally interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no representation, oral or in writing, of the City Council, its officers, agents, or employees has inducted him/her to enter into this Contract, excepting only those contained in this form of Contract and the papers made a part hereof by its terms; and 2. That this bid is made without connection with any person, firm, or corporation making a bid for the same work, and is in all respects fair and without collusion or fraud. Accompanying this proposal is C>iQj> VaT^Q (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 IV (2) Signature (given and surname) of proprietor (3) Place of Business (Street and Number) City and State (4) Zip Code Telephone No. (5) E-Mail IF A PARTNERSHIP. SIGN HERE: NlA-(1) Name under which business is conducted. (2) Signature (given and surname and character of partner) (Note: Signature must be made by a general partner) (3) Place of Business. (Street and Number) City and State (4) Zip Code Telephone No. Revised 03/25/09 Contract No. 6020 Page 14 of 116 Pages (5) E-Mail. IF A CORPORATION. SIGN HERE: (1) Name under which business is conducted (2). (Signature) (Title) (3) Incorporated under the laws of the State of. (4) Place of Business City and State ^fllTl (5) Zip Code (6) I I Telephone Nc Impress Corporate Seal here NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED Revised 03/25/09 Contract No. 6020 Page 15 of 116 Pages CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT Title or Type of Document Number of Pages 200-2. Date Of Document l2j()2JOfl Signer(s)other than named below_ CERTIFICATE OF ACKNOWLEDGEMENT STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) before me. Veronica L. Mora , Notary Public, personallyOn_ appeared_ who proven to me on the basis of satisfactory evidence to be the person^Qwhose name(XL is/j^e subscribed to be within instrument and acknowledged to me that executed the same in his/J^r/tJXir authorized capacity^), and that by 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. VERONICA L. MORA NOTARY PUBLIC VERONICA L. MORA I Commission # 1637836 I Notary Public - California \ San Diego County j My Comm. Expires Jan 14,201 OB SEAL 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: >*•»•• oRevised 03/25/09 Contract No. 6020 Page 16 of 116 Pages BID SECURITY FORM (Check to Accompany Bid) MARBELLA WALL BEAUTIFICATION IMPROVEMENTS CONTRACT NO. 6020 (NOTE: The following form shall be used if check accompanies bid.) Accompanying this proposal is a *Certified *Cashiers check payable to the order of CITY OF CARLSBAD, in the sum of •t"4>JCy^Yc^ QuOO* ~^ ' "" ),dollars ($_ this amount being ten percent (10%) of the total amount of the bid. The proceeds of this check shall become the property of the City provided this proposal shall be accepted by the City through action of its legally constituted contracting authorities and the undersigned shall fail to execute a contract and furnish the required Performance, Warranty and Payment Bonds and proof of insurance coverage within the stipulated time; otherwise, the check shall be returned to the undersigned. The proceeds of this check shall also become the property of the City if the undersigned shall withdraw his or her bid within the period of fifteen (15) days after the date set for the opening thereof, unless otherwise required by law, and notwithstanding the award of the contract to another bidder. BIDDER * Delete the inapplicable word. (NOTE: If the Bidder desires to use a bond instead of check, the Bid Bond form on the following pages shall be executed-the sum of this bond shall be not less than ten percent (10%) of the total amount of the bid.) Revised 03/25/09 Contract No. 6020 Page 17 of 116 Pages BIDDER'S BOND TO ACCOMPANY PROPOSAL MARBELLA WALL BEAUTIFICATION IMPROVEMENTS CONTRACT NO. 6020 KNOW ALL PERSONS BY THESE PRESENTS: PALM ENGINEERING THE OHIO CASUALTY That we, CONSTRUCTION COMPANY. INC. . as Principal, and INSURANCE ...COMPANY , as Surety are held and firmly bound unto the City of Carlsbad. California, in an amount as follows:• T*Tr\T nDT?"D /** UTVTT"1 fM? OTDT7 A rrt u'D(must be at least ten percent (10%) of the bid amount) TEN TERC^y^GREATER 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: MARBELLA WALL BEAUTIFICATION IMPROVEMENTS CONTRACT NO. 6020 BID NO, PWS10-01ENG in the City of Carlsbad, is accepted by the City Council, and if the Principal shall duly enter into and execute a Contract Including required bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, being duly notified of said award, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect, and the amount specified herein shall be forfeited to the said City. Revised 03/25/09 Contract No. 602Q Page 18 of 116 Pages In the event Principal executed this bond as an individual, it is agreed that the death of Principal shall not exonerate the Surety from its obligations under this bond. Executed by PRINCIPAL this.1ST .day of.DECEMBER .,20.09 PRINCIPAL: PALM ENGINEERING CONSTRUCTION COMPANY. INC. (name of Principal) By: ¥ (sign here; RASOUL SHAHBAZI (print name here) PRESIDENT (sign here) RASOUL SHAHBAZI (print name here) SECRETARY Executed by SURETY this Of DECEMBER 1ST ,2009 .day (Title and Organization of Signatory) (title and organization of signatory) SURETY: THE OHIO CASUALTY INSURANCE COMPANY (name of Surety) 9920 PACIFIC HEIGHTS BOULEVARD, SUITE 425 SAN DIEGO. CA 92121 (address of Surety) 866/479-0580 (telephorv By:. (signature of Attorney-indict) MATTHEW C. GAYNOR, ATTORNEY-IN-FACT (printed name of Attorney-in-Fact) (Attach corporate resolution showing current power of attorney.) (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 City Attorney Deputy City Attorney Revised 03/25/09 Contract No. 6020 Page 19 of 116 Pages inoQ.0) £5o a, "-2co * co cCOo _ oTo THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. CERTIFIED COPY OF POWER OF ATTORNEY THE OHIO CASUALTY INSURANCE COMPANY No. 42-271 Know All Men by These Presents: That THE OHIO CASUALTY INSURANCE COMPANY, an Ohio Corporation, pursuant to the authority granted by Article III, Section 9 of the Code of Regulations and By-Laws of said Company, does hereby nominate, constitute and appoint: John G. Maloney, Helen Maloney, Mark D. latarola, Matthew C. Gaynor or Deborah D. Davis of Escondido, California its true and lawful agent (s) and attorney (s)-in-fact, to make, execute, seal and deliver for and on its behalf as surety, and as its act and deed any and all BONDS, UNDERTAKINGS, and RECOGNIZANCES, not exceeding in any single instance TWENTY MILLION ($20,000,000.00) Dollars, excluding, however, any bond(s) or undertaking(s) guaranteeing the payment of notes and interest thereon And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Fairfield, Ohio, in their own proper persons. The authority granted hereunder supersedes any previous authority heretofore granted the above named attorney(s)-in-fact. In WITNESS WHEREOF, the undersigned officer of the said The Ohio Casualty Insurance Company has hereunto subscribed his name and affixed the Corporate Seal of the said The Ohio Casualty Insurance Company this 9th day of April, 2009. CO o.E U U J. Timothy D'Errico, Assistant Secretary STATE OF OHIO, COUNTY OF BUTLER On this 9th day of April, 2009 before the subscriber, a Notary Public of the State of Ohio, in and for the County of Butler, duly commissioned and qualified, came J. Timothy D'Errico, Assistant Secretary of THE OHIO CASUALTY INSURANCE COMPANY, to me personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn deposes and says, that he is the officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal at the City of Hamilton, State of Ohio, the day and year first above written. Notary Public in and for County of Butler, State of Ohio My Commission expires August 17, 2013. This power of attorney is granted under and by authority of Article III, Section 9 of the Code of Regulations and By-Laws of The Ohio Casualty Insurance Company, extracts from which read: Article 111, Section 9. Appointment of Attorneys-in-Fact. The Chairman of the Board, the President, any Vice-President, the Secretary or any Assistant Secretary of the corporation shall be and is hereby vested with full power and authority to appoint attorneys-in-fact for the purpose of signing the name of the corporation as surety to, and to execute, attach the seal of the corporation to, acknowledge and deliver any and all bonds, recognizances, stipulations, undertakings or other instruments of suretyship and policies of insurance to be given in favor of any individual, firm, corporation, partnership, limited liability company or other entity, or the official representative thereof, or to any county or state, or any official board or boards of any county or state, or the United States of America or any agency thereof, or to any other political subdivision thereof This instrument is signed and sealed as authorized by the following resolution adopted by the Boards of Directors of the Companies on October 21, 2004: RESOLVED, That the signature of any officer of the Company authorized under Article III, Section 9 of its Code of Regulations and By-laws and the Company seal may be affixed by facsimile to any power of attorney or copy thereof issued on behalf of the Company to make, execute, seal and deliver for and on its behalf as surety any and all bonds, undertakings or other written obligations in the nature thereof; to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment. Such signatures and seal are hereby adopted by the Company as original signatures and seal and shall, with respect to any bond, undertaking or other written obligations in the nature thereof to which it is attached, be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATE I, the undersigned Assistant Secretary of The Ohio Casualty Insurance Company, do hereby certify that the foregoing power of attonx-y, the referenced By-Laws of the Company and the above resolution of its Board of Directors are true and correct copies and are in full force e>.;a effect on IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Company this 1ST day of DECEMBER A.D, 2009 Assistant Secretary __.. . . . . <5S> O COM__ i_ y[- DOittUSt <J1 ally UUUIIiy Ul MtUC, UI LUC UllllCU Otaita Ul nm^iiv^a vi au^ agvuv^ tuviwv/i, vi w mij' v/mwi pv/nuwM. ,,m.v.. , ..,n-.. i.iw.vis. , !§•"5 C This instrument is signed and sealed as authorized by the following resolution adopted by the Boards ot Directors ot the Companies on October 21, ,_ n > <U cCO ^°01- 0) Cg coo Q.E !Eo ,_ o5 o c *; 0)T3 <: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5193 State of California County of SAN DIEGO Qn 12/01/2009 before me_ MICHELLE M. BASUIL, NOTARY PUBLIC personally appeared MATTHEW C. GAYNOR who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/ their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. MICHELLE M. BASUIL COMM. #1862575NOTARY PUBLIC-CALIFORNIA eg SAN DIEGO COUNTY » MyComm.Exp7AUB2^2013 ^ I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary —— OPTIONAL SECTION ••" OPTIONAL SECTION ••• CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. D INDIVIDUAL n CORPORATE OFFICER(S) TITLE(S) [JPARTNER(S) fj LIMITED Q GENERAL D3ATTORNEY-IN-FACT QTRUSTEE(S) n GUARDIAN/CONSERVATOR nOTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. TITLE OR TYPE OF DOCUMENT, NUMBER OF PAGES DATE OF DOCUMENT tIII tI SIGNER(S) OTHER THAN NAMED ABOVE. CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT Title or Type of Document Number of Pages 2.OP2. Date Of Document I Signer(s)other than named below_ CERTIFICATE OF ACKNOWLEDGEMENT STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) i-zJoi teg lie, personally~On appeared who proven to me on the basis of satisfactory evidence to be the personj^whose name$<J_is/aXe subscribed to be within instrument and acknowledged to me that he/$Ke/th<y executed the same in his/h*£/tj»<jr authorized capacity£te^, and that by his/]?6r/thjelr signaturtjXLpn 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. VERONICA L. MORA NOTARY PUBLIC VERONICA L MORA I Commission #1637836 I Notary Public - California f San Diego County i My Comm. Expires Jan 14,20101 SEAL Company Profile Page 1 of 1 Company Profile OHIO CASUALTY INSURANCE COMPANY (THE) 175 BERKELEY STREET BOSTON, MA 02116 Agent for Service of Process KAREN HARRIS, 2730 GATEWAY OAKS DRIVE SUITE 100 SACRAMENTO, CA 95833 Unable to Locate the Agent for Service of Process? Reference Information NAIC Group #: Q1U dlforirft!oHipany®*i.w-. - 5133-4 -x1 Date authorized in California: November 17, 2008 Company Type: Property & Casualty , '' ..... -OHIO '^^ ..... 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 LIABILITY SURETY 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 Financial Rating Organizations Last Revised - June 26, 2009 05:53 PM Copyright © California Department of Insurance http://interactive.web.insurance.ca.gov/webuser/idb_cojprof_utl.get_co_prof?p_EID=2980 01/25/2010 GUIDE FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTORS" FORM REFERENCES Prior to preparation of the following "Subcontractor Disclosure Form" Bidders are urged to review the definitions in section 1-2 of the General Provisions to this Contract, especially, "Bid", "Bidder", "Contract", "Contractor", "Contract Price", "Contract Unit Price", "Engineer", "Own Organization", "Subcontractor", and "Work". Bidders are further urged to review sections 2-3 SUBCONTRACTS of the General Provisions. CAUTIONS This form will be used by the Agency to determine the percentage of work that the Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct information may result in rejection of the bid as non-responsive. Any bid that proposes performance of more than 50 percent of the work by subcontractors or otherwise to be preformed by forces other than the Bidder's own organization will be rejected as non-responsive. Specialty items of work that may be so designated by the Engineer on the "Contractor's Proposal" are not included in computing the percentage of work proposed to be performed by the Bidder. INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every subcontractor whom the Bidder proposes to perform work or labor or render service in or about the work or improvement, and every subcontractor licensed as a contractor by the State of California whom the Bidder proposes to specially fabricate and install any portion of the work or improvement according to detailed drawings contained in the plans and specifications in excess of one-half of one percent (0.5%) of the Bidder's total bid or, in the case of bids or offers for the construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000) whichever is greater. Said name(s) and location(s) of business of subcontractor(s) shall be set forth and included as an integral part of the bid offer. The Designation of Subcontractors form must be submitted as a part of the Bidder's sealed bid. Failure to provide complete and correct information may result in rejection of the bid as non- responsive. Suppliers of materials from sources outside the limits of work are not subcontractors. The value of materials and transport of materials from sources outside the limits of work, as shown on the plans, shall be assigned to the Contractor or the Subcontractor as the case may be, that the Bidder proposes as installer of said materials. The value of material incorporated in any Subcontractor- installed bid item that is supplied by the Bidder shall be included as a part of the work that the Bidder proposes to be performed by the Subcontractor installing said item. When a Subcontractor has a Carlsbad business license, the number must be entered on the proper form. If the Subcontractor does not have a valid business license, enter "NONE" in the appropriate space. When the Bidder proposes using a Subcontractor to construct or install less than 100 percent of a bid item, the Bidder shall attach an explanation sheet to the Designation of Subcontractor form. The explanation sheet shall clearly apprise the City of the specific facts that show the Bidder proposes to perform no less than fifty percent (50%) of the work with its own forces. Determination of the subcontract amounts for purposes of award of the contract shall be determined by the City Council in conformance with the provisions of the contract documents and the various supplemental provisions. The decision of the City Council shall be final. Revised 03/25/09 Contract No. 6020 Page 20 of 1 16 Pages Contractor is prohibited from performing any work on this project with a subcontractor who is ineligible to perform work on a public works project pursuant to Labor Code Sections 1771.1 or 1777.7. Bidders shall make any additional copies of the disclosure forms as may be necessary to provide the required information. The page number and total number of additional form pages shall be entered in the location provided on each type of form so duplicated. Revised 03/25/09 Contract No. 6020 Page 21 of 116 Pages o DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS 1 (To Accompany Proposal) MARBELLA WALL BEAUTIFICATION IMPROVEMENTS CONTRACT NO. 6020 The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing this bid for the Work and that the listed subcontractors will be used to perform the portions of the Work as designated in this list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contract Code, "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of one-half of one percent (0.5%) of the Bidder's total bid, or in the case of bids or offers for construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000), whichever is greater, and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. SUBCONTRACTOR'S BID ITEMS Portion of Work ^jrri\-Of%/£* Subcontractor Name and Location of Business toofvn Ccumi-y ^rv^^o-lisa*. tH\y m iL&eatetffc 02/JH0 Su bco ntractor's License No. and Classification* 3B3BUr3 Amount of Work by Subcontractor in Dollars* ^ZLffytfO Page j of J pages of this Subcontractor Designation form Pursuant to section 4104 (a)(2)(A) California Public Contract Code, receipt of the information preceded by an asterisk may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice Inviting Bids." Revised 03/25/09 Contract No. 6020 Page 22 of 116 Pages BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) MARBELLA WALL BEAUTIFICATION IMPROVEMENTS CONTRACT NO. 6020 The Bidder is required to state what work of a similar character to that included in the proposed Contract he/she has successfully performed and give references, with telephone numbers, which will enable the City to judge his/her responsibility, experience and skill. An attachment can be used. Date Contract Completed Name and Address . of the Employer - e^oHcrftfd Name and Phone No, ; of Person to Contract • * " * " - c; .;* 4.^,^ ,' , - „,;„ -,.'., Type of Work ,, Amount of Contract oRevised 03/25/09 Contract No. 6020 Page 23 of 116 Pages PALM ENGINEERING CONSTRUCTION, CO. INC. 3770 HANCOCK STREET, STE. H, SAN DIEGO, CA 92110 (619)291-1495 Fax (619)291-0482 Lic.#853930 STATEMENT OF EXPERIENCE& REFERENCE SAN DIEGO HOUSING COMMISSION PROJECT NAME: GROVE AVE 1122 BROADWAY, STE 300, SD, CA CONTRACT AMOUNT: $19,900 CONTACT: GARY GELBMAN COMPLETION: 02/2009 (619)578-7524 SAN DIEGO UNIFIED SCHOOL DIST. PROJECT NAME:HOOVER HIGH 4860 RUFFNER STREET, SD, CA CONTRACT AMOUNT:$1,085,882 Contact:Name: George Lentulo COMPLETION: 11/2008 (858)496-8237 CITY OF SAN DIEGO 9485 AERO DRIVE, SD, CA CONTACT NAME: Saeed Askari (619)980-4851 PROJECT NAME: HILLTOP PARK CONTRACT AMOUNT: $1,061,822 COMPLETION DATE: 12/2008 COUNTY OF SAN DIEGO 9150 CHESAPEAKE DRIVE, STE 200 SAN DIEGO, CA 92123 CONTACT NAME: MICHAEL DUFFEK (858)966-1354 Project Name: Erosion Mitigation CONTRACT AMOUNT: $175,000 COMPLETION: 10/2008 CITY OF SAN DIEGO 9485 AERO DRIVE, SD, CA CONTACT NAME: Hamid Yaghoubpoor (858)627-3241 Project Name: 12" CMP STATE CONTRACT AMOUNT: $140,428 COMPLETION: 12/2008 BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION (To Accompany Proposal) MARBELLA WALL BEAUTIFICATION IMPROVEMENTS CONTRACT NO. 6020 As a required part of the Bidder's proposal the Bidder must attach either of the following to this page. 1) Certificates of insurance showing conformance with the requirements herein for each of: DB^* Comprehensive General Liability HJKAutomobile Liability rkers Compensation Employer's Liability10 2) Statement with an insurance carrier's notarized signature stating that the carrier can, and upon payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for Comprehensive General Liability, Automobile Liability, Workers Compensation and Employer's Liability in conformance with the requirements herein and Certificates of insurance to the Agency showing conformance with the requirements herein. All certificates of insurance and statements of willingness to issue insurance for auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated in The Notice Inviting Bids and the General Provisions for this project for each insurance company that the Contractor proposes. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. Revised 03/25/09 Contract No. 6020 Page 24 of 116 Pages ^ORif CERTIFICATE OF LIABILITY INSURANCE <s&& | °™— (PRODUCER league Insurance Agency, Inc. license #0525512 r4700 Spring St. , 4th Floor La Mesa CA 91941 Phone: 619-464-6851 Fax:619-464-1901 INSURED Palm Engineering ConstructionCo., Inc.3770 Hancock Street, Ste HSan Diego CA 92110 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIOIV ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW INSURERS AFFORDING COVERAGE INSURER A: Valiant Insurance Company INSURERS: Travelers Property Casualty Co INSURER C: National Union Eire Ins. Co. INSURER D: Granite State Insurance INSURERS: Century Surety Company NAIC# COVERAGES MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSK ADD'LLTR 1NSRD TYPE OF INSURANCE GENERAL LIABILITY A X X COMMERCIAL GENERAL LIABILITY CLAIMS MADE X j OCCUR \- ' 1 i JGEN'L AGGREGATE LIMIT APPLIES PER: | ~~| POLICY JX~] JECT LOC i AUTOMOBILE LIABILITY B X i X ' ANY AUTO ; ALL OWNED AUTOS | i SCHEDULED AUTOS 1 HIRED AUTOSI NON-OWNED AUTOSI 1 ^GARAGE LIABILITY 1 : ANY AUTO ! EXCESS / UMBRELLA LIABILITY C 1 :X 1 OCCUR j ] CLAIMS MADE ; 1 DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY y/N D i ANY PROPRIETOR/PARTNER/EXECUTIVE. 1 OFFICER/MEMBER EXCLUDED? 1(Mandatory in NH) ' ' If yes, describe underSPECIAL PROVISIONS below POLICY NUMBER CGLVIC00116860 BA1062M97109 BE021235960 WC001117698 OTHER E Pollution CCP594630 Liability • POLICY EFFECTIVEDATE (MM(DD/YYYY) 07/01/09 02/23/09 01/11/09 11/01/09 04/24/09 POLICY EXPIRATIONDATE (MM/DD/YYYY) 07/01/10 02/23/10 01/11/10 11/01/10 04/24/10 LIMITS EACH OCCURRENCE UAMMtjb 1 (J KbN 1 bU PREMISES (Ea occurence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGO COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY(Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) AUTO ONLY - EA ACCIDENT OTHER THAN EA ACC AUTO ONLY: AGQ EACH OCCURRENCE AGGREGATE -. WUSIAIU- OTH- X TORY LIMITS ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE EL DISEASE - POLICY LIMIT $ 1000000 $50000 s excluded $ 1000000 $2000000 $ 2000000 $1000000 $ * $ $ $ $ $3000000 $3000000 $ $ $ $1000000 $ 1000000 $ 1000000 Occur. 2000000 Aggrate 2000000 Re:Marbella Wall Beautification improvements Bid#PWS1001ENG Project#6020 The City of Carlsbad, its officials, employees & volunteers are included as additional insured with respect to General liability per form CG20101185 and with respect to auto liability per from CAT4200706 arising out of activities performed by or on behalf of the named insured. (Cont. pg 2) CERTIFICATE HOLDER CANCELLATION The City of Carlsbad Public Works Pruchasing Dept. c/o Kevin Davis 1635 Faraday Ave. Carlsbad CA 92008 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCE'.IED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL *30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. V AUTHORIZED REPRESENTATIVE ACORD 25 (2009/01) The ACORD name and logo are red marks of ACORD D CORPORATION. All rights reserved. HOLDER CODE PALME-5 PAGE 3 INSURED'S NAME Palm Engineering Construction ,, OPID CT DATE 01/11/10 pg. 2 Coverage under with respect to general liability shall be primary and non contributory per form VCGL10140508 . *10 days notice of cancellation for non payment of premium. IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2009/01) Wj Valiant f _Pt 4 „ 1 t Policy Number: CGL-VJC-0011686-0 COMMERCIAL GENERAL LIABILITY CG 20 10 11 85 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following; COMMERCIAL GENERAL LIABILITY COVERAGE PART Name of Person or Organization: Any Person or organization you have agreed to add as additional insured by written contract, prior to an "occur- rence" or offense. (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 2010 11 85 © ISO Properties, Inc., 1984 Page 1 of 1 D yi Valiant Policy Number: CGL-VIC-0011686-0 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY INSURANCE CLAUSE ENDORSEMENT To the extent that this insurance is afforded to any additional insured under this policy, such insurance shal! apply as primary and not contributing with any insurance carried by such additional insured, as required by written contract. Nothing herein contained shall be held to waive, vary, alter or extend any condition or provision of the policy other than as above stated. V-CGL10140S08 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO COVERAGE PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorse- ment, the provisions of the Coverage Form apply unless modified by the endorsement. A. PERSONAL EFFECTS COVERAGE SECTION III - PHYSICAL DAMAGE COVER- AGE, A. Coverage, 4. Coverage Extensions is amended by adding the following: Personal Effects Coverage We will pay up to $400 for "loss" to wearing ap- parel and other personal effects which are: (1) owned by an "insured"; and (2) in or on your covered "auto"; in the event of a total theft "loss" of your covered "auto". No deductibles apply to Personal Effects Cover- age. B. AUTO LOAN LEASE GAP COVERAGE SECTION HI - PHYSICAL DAMAGE COVER- AGE, A. Coverage, 4. Coverage Extensions is amended by adding the following: Auto Loan Lease Gap Coverage for Private Passenger Type Vehicles In the event of a total "loss" to a covered "auto" of the private passenger type shown in the Schedule or Declarations for which Physical Damage Cov- erage is provided, we will pay any unpaid amount due on the lease or loan for such covered "auto" less the following: (1) The amount paid under the Physical Damage Coverage Section of the policy for that "auto"; and (2) Any: (a) Overdue lease/loan payments at the time of the "loss"; (b) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (c) Security deposits not returned by the les- sor; (d) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (e) Carry-over balances from previous loans or leases. C. COVERAGE EXTENSION - AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT NOT DESIGNED SOLELY FOR THE PRODUCTION OF SOUND SECTION III - PHYSICAL DAMAGE COVER- AGE, B. Exclusions, exception paragraph a. to exclusions 4.c & 4.d is deleted and replaced with the following: a. Equipment and accessories used with such equipment, except tapes, records or discs, provided such equipment is permanently in- stalled in the covered "auto" at the time of the "loss" or is removable from a housing unit which 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" electri- cal system, in or upon the covered "auto"; or D. WAIVER OF DEDUCTIBLE-GLASS SECTION III - PHYSICAL DAMAGE COVER- AGE, D. Deductible is amended by adding the following: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. E. HIRED AUTO PHYSICAL DAMAGE COVER- AGE SECTION III - PHYSICAL DAMAGE COVER- AGE, A. Coverage, 4. Coverage Extensions is amended by adding the following: Hired Auto Physical Damage Coverage Exten- sion If hired "autos" are covered "autos" for Liability Coverage and this policy also provides Physical Damage Coverage for an owned "auto", then the CA T4 20 07 06 Includes the copyrighted material of Insurance Services Office, Inc. with its permission. Page 1 of 2 Includes the copyrighted material of The St. Paul Travelers Companies, Inc. COMMERCIAL AUTO F. Physical Damage Coverage is extended to "autos" that you hire, rent or borrow subject to the following: (1) The most we will pay for "loss" in any one "accident" to a hired, rented or borrowed "auto" is the lesser of: (a) $50,000; (b) The actual cash value of the dam- aged or stolen property as of the time of the "loss"; or (c) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. (2) An adjustment for depreciation and physical condition will be made in deter- mining actual cash value in the event of a total "loss". (3) If a repair or replacement results in better than like kind or quality, we will not pay for the amount of betterment. (4) A deductible equal to the highest Physical Damage deductible applicable to any owned covered "auto". (5) This Coverage Extension does not apply to: (a) Any "auto" that is hired, rented or bor- rowed with a driver; or (b) Any "auto" that is hired, rented or bor- rowed from your "employee". BLANKET WAIVER OF SUBROGATION SECTION IV - BUSINESS AUTO CONDITIONS, A. Loss Conditions, 5. Transfer Of Rights Of Recovery Against Others To Us is deleted and replaced by the following: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract exe- cuted prior to any "accident" or "loss", pro- vided that the "accident" or "loss" arises out of the operations contemplated by such con- tract. The waiver applies only to the person or organization designated in such contract. G. BLANKET ADDITIONAL INSURED SECTION II - LIABILITY COVERAGE, part A. 1. Who Is An Insured, paragraph c. is amended by adding the following: Any person or organization that you are required to include as an additional insured on this Cover- age Form in a written contract or agreement that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period is an "insured" for Liability Coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. H. EMPLOYEE HIRED AUTOS SECTION II - LIABILITY COVERAGE, A. Coy- erage, 1. Who Is An Insured is amended by add- ing the following: An "employee" of yours is an "insured" while op- erating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. I. COVERAGE EXTENSION - TRAILERS SECTION I - COVERED AUTOS, C. Certain Trailers, Mobile Equipment and Temporary Substitute Autos, paragraph 1. is deleted and replaced by the following: 1. "Trailers" with a load capacity of 3,000 pounds or less designed primarily for travel on public roads. JT"Page 2 of 2 Includes the copyrighted material of Insurance Services Office, Inc. with Us permission. CA T4 20 07 06 Includes the copyrighted material of The St. Paul Travelers Companies, Inc. BIDDER'S STATEMENT RE DEBARMENT (To Accompany Proposal) MARBELLA WALL BEAUTIFICATION IMPROVEMENTS CONTRACT NO. 6020 1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California? yes no 2) If yes, what was/were the name(s) of the agency(ies) and what was/were the period(s) of debarment(s)? Attach additional copies of this page to accommodate more than two debarments. l-ft- party debarred party debarred agency agency period of debarment period of debarment BY CONTRACTOR: By:, (name of Contractor) ££ (sign here) (print name/title) Page.I of f pages of this Re Debarment form Revised 03/25/09 Contract No. 6020 Page 25 of 1 16 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) MARBELLA WALL BEAUTIFICATION IMPROVEMENTS CONTRACT NO. 6020 Contractors are required by law to be licensed and regulated by the Contractors' State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors' State License board, P.O. Box 26000, Sacramento, California 95826. 1) Have you ever had your contractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? yes no 2) Has the suspension or revocation of your contractor's license ever been stayed? yes no 3) Have any subcontractors that you propose to perform any portion of the Work ever had their contractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? yes no 4) Has the suspension or revocation of the license of any subcontractor's that you propose to perform any portion of the Work, ever been stayed? yes no 5) If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the party disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of the violation and the disciplinary action taken therefore. (If needed attach additional sheets to provide full disclosure.) Page I of \ pages of this Disclosure of Discipline form Revised 03/25/09 Contract No. 6020 Page 26 of 116 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) MARBELLA WALL BEAUTIFICATION IMPROVEMENTS CONTRACT NO. 6020 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. K/lk (If needed attach additional sheets to provide full disclosure.) BY CONTRACTOR: (print name/title) Page of pages of this Disclosure of Discipline form Revised 03/25/09 Contract No. 6020 Page 27 of 1 16 Pages NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 MARBELLA WALL BEAUTIFICATION IMPROVEMENTS CONTRACT NO. 6020 State of California ) (Name of Bidder) and says that he or she is ing first duly sworn, deposes (Title) (Name of Firm) the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that 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, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that 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, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury that the foregoing is true and correct and that this affidavit was executed on the _ 2.nd- day of b^fl3ry>l"iey~ _ , 20QC} . Signature of Bidder Subscribed and sworn to before me on the 2Lm. day of (NOTARYJEAL) ^^ VERONICA L. MOfiA- Commlssion# 1637836 I vX Signature of Notary Notary Public - California \ San Diego County i My Comm. Expires Jan 14,20101 Revised 03/25/09 Contract No. 6020 Page 28 of 116 Pages CONTRACT PUBLIC WORKS This agreement is made this Q^i fck day of jjULttMA^- __ 2010, by and between the City of Carlsbad, California, a municipal corporation,"(hereinafter called "City"), and Palm Engineering Construction Co., Inc., whose principal place of business is 3770 Hancock Street Suite H San Diego CA 921 10 (hereinafter called "Contractor"). City and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in the Contract documents for: MARBELLA WALL BEAUTIFICATION IMPROVEMENTS CONTRACT NO. 6020 (hereinafter called "project") 2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents. 3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids, Contractor's Proposal, Bidder's Bond, 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 work as indicated, specified, and implied by the Contract Documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the Contractor's expense to fulfill the intent of said documents. In all instances through the life of the Contract, the City will be the interpreter of the intent of the Contract Documents, and the City's decision relative to said intent will be final and binding. Failure of the Contractor to apprise subcontractors and materials suppliers of this condition of the Contract will not relieve responsibility of compliance. 4. Payment. For all compensation for Contractor's performance of work under this Contract, City shall make payment to the Contractor per section 9-3 PAYMENT of the General Provisions section of this contract. The Engineer will close the estimate of work completed for progress payments on the last working day of each month. The City shall withhold retention as required by Public Contract Code Section 9203. Revised 03/25/09 Contract No. 6020 Page 29 of 118 Pages 5. Independent Investigation. Contractor has made an independent investigation of the ^ ™ jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the work, and is aware of those conditions. The Contract price includes payment for all work that may be "**"*' done by Contractor, whether anticipated or not, in order to overcome underground conditions. Any information that may have been furnished to Contractor by City about underground conditions or other job conditions is for Contractor's convenience only, and City does not warrant that the conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground conditions and has not relied on information furnished by City. 6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenches or other excavations that extend deeper than four feet below the surface Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (A) Hazardous Waste. Material that Contractor believes may be material that is hazardous waste, as defined in section 251 17 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. (B) Differing Conditions. Subsurface or latent physical conditions at the site differing from those indicated. (C) Unknown Physical Conditions. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract. City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in contractor's costs of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in this contract. In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the contractor's cost of, or time required for, performance of any part of the work, contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. 7. Immigration Reform and Control Act. Contractor certifies it is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this Contract. 8. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those relating to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except ^ for loss or damage caused by the sole or active negligence or willful misconduct of the City. The ** expenses of defense include all costs and expenses including attorneys' fees for litigation, '****•«' arbitration, or other dispute resolution method. Revised 03/25/09 Contract No. 6020 Page 30 of 1 16 Pages Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by the Contractor, whether intentional or otherwise, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. 9. Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. Said insurance shall meet the City's policy for insurance as stated in City Council Policy # 70. (A) Coverages And Limits Contractor shall maintain the types of coverages and minimum limits indicted herein: a. Commercial General Liability Insurance: $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 City 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 City. (B) Additional Provisions: Contractor shall ensure that the policies of insurance required under this agreement with the exception of Workers' Compensation and Business Automobile Liability Insurance contain, or are endorsed to contain, the following provisions. a. The City, its officials, employees and volunteers are to be covered as additional insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the contractor; premises owned, leased, hired or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees or volunteers. All additional insured endorsements must be evidenced using separate documents attached to the certificate of insurance; one for each company affording general liability, and employers' liability coverage. b. The Contractor's insurance coverage shall be primary insurance as respects the City, its officials, employees and volunteers. . Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be in excess of the contractor's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees or volunteers. Revised 03/25/09 Contract No. 6020 Page 31 of 1 16 Pages d. Coverage shall state that the contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (C) Notice Of Cancellation. Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage or limits except after ten (10) days' prior written notice has been sent to the City by certified mail, return receipt requested. (D) Deductibles And Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured retention levels must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. (E) Waiver Of Subrogation. All policies of insurance required under this agreement shall contain a waiver of all rights of subrogation the insurer may have or may acquire against the City or any of its officials or employees. (F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Coverages for subcontractors shall be subject to all of the requirements stated herein. (G) Acceptability Of Insurers. Insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:VII. Insurers must also be authorized to transact the business of insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a listing in the official publication of the Department of Insurance of the State of California and/or under the standards specified by City Council Policy # 70. (H) Verification Of Coverage. Contractor shall furnish the City with certificates of insurance and original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be in forms approved by the City and are to be received and approved by the City before the Contract is executed by the City. (I) Cost Of Insurance. The Cost of all insurance required under this agreement shall be included in the Contractor's bid. 10. 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 City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. (B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution. Revised 03/25/09 Contract No. 6020 Page 32 of 116 Pages ,, (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 s***" claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. (D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. (E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented from further bidding on public contracts for a period of up to five years. (F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. (G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor from participating in future contract bidding. (H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. I have read and understand all provisions of Section 10 above. { init / ^, init 11. Security. Securities in the form of cash, cashier's check, or certified check may be substituted for any monies withheld by the City to secure performance of this contract for any obligation established by this contract. Any other security that is mutually agreed to by the Contractor and the City may be substituted for monies withheld to ensure performance under this Contract. 12. Unfair Business Practices. In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the parties. 13. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon application of either party, the Contract shall forthwith be physically amended to make such insertion or correction. Revised 03/25/09 Contract No. 6020 Page 33 of 116 Pages 14. Additional Provisions. Any additional provisions of this agreement are set forth in the "General Provisions" or "Supplemental Provisions" attached hereto and made a part hereof. NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED (CORPORATE SEAL) CONTRACTOR: By: (name/of Conractor) (sign here) By: (print name and title) /<. '7 ^ (sign here) N unicjpal corporation of (print name and title) 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 City Attorney Deputy City Attorney Revised 03/25/09 Contract No. 6020 Page 34 of 116 Pages CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT Title or Type of Document ^ Number of Pages CpQP-fe? Date Of Document Q\/C&/ID Signer(s)other than named below CERTIFICATE OF ACKNOWLEDGEMENT STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) On Ol/Cft/10 appeared befpre^me^Veronica^ L. Mora M Notary Public, personaH -U who proven to me on the basis of satisfactory evidence to be the person(ifiwhose name|$Lis/jJfc£ subscribed to be within instrument and acknowledged to me that he/$K£/th$y executed the same in his/h&/tjMtr authorized capacity(^B$), and that by his/$&/tb4r 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. VERONICA L. MORA NOTARY PUBLIC VERONICA L. MORA Commission* 1637836 Notary Public - California San Diego County My Comm. Expires Jan 14,2010 SEAL EXECUTED IN TRIPLICATEBOND NO. 4072011 PREMIUM: $7 97. 00Premium is For Contract Term And Is Subject To Adjustment Based On Final Contract Price FAITHFUL PERFORMANCE/WARRANTY BOND WHEREAS, the City of Carlsbad, State of California, has administratively awarded to Palm Engineering Construction Co., Inc. (hereinafter designated as the "Principal"), a Contract for: MARBELLA WALL BEAUTIFICATION IMPROVEMENTS CONTRACT NO. 6020 in the City of Carlsbad, in strict conformity with the contract, the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond for the faithful performance and warranty of said Contract; NOW, THEREFORE, WE, PALM ENGINEERING CONSTRUCTION CO., INC., as Principal, (hereinafter designated as the "Contractor"), and THE OHIO CASIJALY INSURANCE COMPANY _ as Surety, are held firmly bound unto the City of Carlsbad in the sum of Fifty Five Thousand Three Hundred Twenty Dollars ($55,320), said sum being an amount equal to: One hundred percent (1 00%) of the total amount payable under the terms of the contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, their heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the Contract and any alteration thereof made as therein provided on their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Carlsbad, its officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and effect, • As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the CHy 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 03/25/09 Contract No. 6020 Page 37 of 118 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENTsssssssssssssss State of California County of SAN DIEGO No. 5193 Qn 1/11/2010 before me MICHELLE M- BASUIL, NOTARY PUBLIC personally appeared MATTHEW C. GAYNOR ( who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/ their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. - MICHELLE M. BASUIL COMM. #1862575 NOTARY PUBLIC-CALIFORNIA SAN DIEGO COUNTY My Comm Exp. AUG 24,2013 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary •••• OPTIONAL SECTION — CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. D INDIVIDUAL n CORPORATE OFFICER(S) TITLE(S) [JPARTNER(S) nuMITED fj GENERAL HATTORNEY-IN-FACT DTRUSTEE(S) fj GUARDIAN/CONSERVATOR fj OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. TITLE OR TYPE OF DOCUMENT, NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE. In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this ^ day Of JANUARY 2C CONTRACTOR: PALM ENGINEERING CONSTRUCTION COMPANY, INC. (name of Contractor) By: 11TH Executed by SURETY this 11TH JANUARY day of 2010 (sign here) RASOUL SHAHBAZI (print name here) SURETY: _THE OHIO CASUALTY INSURANCE COMPANY (name of Surety) 9920 PACIFIC HEIGHTS BOULEVARD, SUITE 425 SAN DIEGO, CA 92121 (address of Surety) 866/479-0580 (telephone number of Surety) PRESIDENT (Title and Organization of Signatory) By: (sign here) RASOUL SHAHBAZI (signature'of Attorney-jjfi-Fact) MATTHEW C. GAYNOR, ATTORNEY-IN-FACT (printed name of Attorney-in-Fact) (Attach corporate resolution showing current power of attorney.) (print name here) SECRETARY (Title and Organization of signatory) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney By: Deputy City Attorney ORevised 03/25/09 Contract No, 6020 Page 38 of 116 Pages THIS ROWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. CERTIFIED COPY OF POWER OF ATTORNEY THE OHIO CASUALTY INSURANCE COMPANY No. 42-271 Know All Men by These Presents: That THE OHIO CASUALTY INSURANCE COMPANY, an Ohio Corporation, pursuant to the authority granted by Article 111, Section 9 of the Code of Regulations and By-Laws of said Company, does hereby nominate, constitute and appoint: John G. Maloney, Helen Maloney, Mark D. latarola, Matthew C. Gaynor or Dehorah D. Davis of Esconilido, California its true and lawful agent (s) and attorney (s)-in-fact, to make, execute, seal and deliver for and on its behalf as surety, and as its act and deed any and all BONDS, UNDERTAKINGS, and RECOGNIZANCES, not exceeding in any single instance TWENTY MILLION ($20,000,000.00) Dollars, excluding, however, any bond(s) or undertaking(s) guaranteeing the payment of notes and interest thereon And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, to all intents and puiposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Fairlleld, Ohio, in their own proper persons. The authority granted hereunder supersedes any previous authority heretofore granted the above named attomey(s)-in-fact. In WITNESS WHEREOF, the undersigned officer of the said The Ohio Casualty Insurance Company has hereunto subscribed his name and affixed the Corporate Seal of the said The Ohio Casualty Insurance Company this 9th day of April, 2009. inoa.0) .1 £o> B o «= E«Di- •£•O «0 'v/ V-"" </> J. Timothy D'Errico, Assistant Secretary STATE OF OHIO, COUNTY OF BUTLER On this 9th day of April, 2009 before the subscriber, a Notary Public of the State of Ohio, in and for the County of Butler, duly commissioned and qualified, came J. Timothy D'Errico, Assistant Secretary of THE OHIO CASUALTY INSURANCE COMPANY, to me personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me D duly sworn deposes and says, that he is the officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. .a 01- IN TESTIMONY WHEREOF, 1 have hereunto set my hand and affixed my Official Seal at the City of Hamilton, State of Ohio, the day and year first above written. O QL •go<co i. m -!5 Notary Public in and for County of Butler, State of Ohio gj — My Commission expires August 17,2013. 5 O This power of attorney is granted under and by authority of Article III, Section 9 of the Code of Regulations and By-Laws of The Ohio Casualty (0 Insurance Company, extracts from which read: •— g Article III, Section 9. Appointment of Atlomeys-in-Fact. The Chairman of the Board, the President, any Vice-President, the Secretary or any Assistant Secretary of the corporation shall be and is hereby vested with full power and authority to appoint attorneys-in-fact for the puipose of "o signing the name of the corporation as surety to, and to execute, attach the seal of the corporation to, acknowledge and deliver any and all bonds, recognizances, stipulations, undertakings or other instruments of suretyship and policies of insurance to be given in favor of any individual, firm, corporation, partnership, limited liability company or other entity, or the official representative thereof, or to any county or state, or any official board CO 4>or boards ol any county or state, or the United States ol America or any agency thereof, or to any other political subdivision thereof > • This instrument is signed and sealed as authorized by the following resolution adopted by the Boards of Directors of the Companies on October 21, +* ' 2004: £ °? RESOLVED, That the signature of any officer of the Company authorized under Article 111, Section 9 of its Code of Regulations and By-laws ~ <o and the Company seal may be affixed by facsimile to any power of attorney or copy thereof issued on behalf of the Company to make, execute, seal £ °? and deliver for and on its behalf as surety any and all bonds, undertakings or other written obligations in the nature thereof; to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment. Such signatures and seal are hereby adopted by the O ' Company as original signatures and seal and shall, with respect to any bond, undertaking or other written obligations in the nature thereof to which it is attached, be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATE I, the undersigned Assistant Secretary of The Ohio Casualty Insurance Company, do hereby certify that the foregoing power of attorney, the referenced By-Laws of the Company and the above resolution of its Board of Directors are true and correct copies and are in full force and effect or/ this date. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Company this 11TH day of JANUARY A.D., 2010 Assistant Secretary CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT Title or Type of Document A&TflA Number of Pages 2/rfr2- Date Of Document Signer(s)other than named below_ CERTIFICATE OF ACKNOWLEDGEMENT STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) On OHRO appeared re me, .Veronica.L. Mora , Notary Public, personally who proven to me on the basis of satisfactory evidence to be the person^whose e subscribed to be within instrument and acknowledged to me that executed the same in his/J»t£/tt>«$r authorized capacity (i^S), and that by signature$<Xon the instrument the personal or the entity upon behalf of which the personj^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. VERONICA L. MORA NOTARY PUBLIC VERONICA L. MORA Commission #1637836 Notary Public - California San Diego County MyComm. Expires Jan 14,2010 SEAL EXECUTED IN TRIPLICATE BOND NO. 4072011 PREMIUM INCLUDED IN PERFORMANCE BOND LABOR AND MATERIALS BOND v* WHEREAS, the City of Carlsbad, State of California, has administratively awarded to Palm Engineering Construction Co., Inc. (hereinafter designated as the "Principal"), a Contract for: MARBELLA WALL BEAUTIFICATION IMPROVEMENTS CONTRACT NO. 6020 in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of their subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, WE, PALM ENGINEERING CONSTRUCTION CO., INC., as Principal, (hereinafter designated as the "Contractor"), and THE OHIO CASUALTY INSURANCE COMPANY __ _ _ as Surety, are held firmly bound unto the City of Carlsbad in the sum of Fifty Five Thousand Three Hundred Twenty Dollars ($55,320), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with California Civil Code section 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 subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the court consistent with California Civil Code section 3248. This bond shall inure to the benefit of any of the persons named in California Civil Code section 31 81 , so as to give a right of action to -those persons or their assigns in any suit brought upon the bond. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed hereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or io the work or to the specifications. W Revised 03/25/09 Contract No. 6020 Page 35 of 1 18 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5193 g^^Ssgggsggga's^^ State of California County of SAN DIEGO n 1/11/2010 before me> MICHELLE M. BASUIL, NOTARY PUBLIC personally appeared.MATTHEW C. GAYNOR who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/ their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. MICHELLE M. BASUIL COMM. #1862575 NOTARY PUBLIC-CALIFORNIA SAN DIEGO COUNTY I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. 5 WITNESS my hand and official seal. Signature of Notary — OPTIONAL SECTION — OPTIONAL SECTION •—• CAPACITY CLAIMED BY SIGNER Though statute does not requite the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. D INDIVIDUAL Q CORPORATE OFFICER(S) TITLE(S) [JPARTNER(S) nLIMITED fj GENERAL 0ATTORNEY-IN-FACT DTRUSTEE(S) n GUARDIAN/CONSERVATOR nOTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES.DATE OF DOCUMENT , SIGNER(S) OTHER THAN NAMED ABOVE. O o In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this 11TH day of JANUARY 20 10 CONTRACTOR: PALM ENGINEERING CONSTRUCTION COMPANY, INC. (name of Contractor) By; (sigrfhere) RASOUL SHAHBAZI Executed by SURETY this 11TH day Of JANUARY 2QlO SURETY: THE OHIO CASUALTY INSURANCE COMPANY (name of Surety)•HEIGHTS BOUL9920 PACIFIC SAN DTRCQ. CA 92121 ,EVARD, SUITE 425 (print name here) (address of Surety) 866/479-0580 of Surety) PRESIDENT (title and organization of signatory) By: /<v (sign Here) RASOUL SHAHBAZI (print name here) (signature of Att^fn6/-in-Fact) MATTHEW C. GAYNOR, ATTORNEY-IN-FACT ~ (printed name of Attorney-in-Fact) (attach corporate resolution showing current power of attorney) SECRETARY (title and organization of signatory) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney Deputy City Attorney o Revised 03/25/09 Contract No. 6020 Page 36 of 116 Pages TfllS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. » CERTIFIED COPY OF POWER OF ATTORNEY THE OHIO CASUALTY INSURANCE COMPANY No. 42-271 Know All Men by These Presents: That THE OHIO CASUALTY INSURANCE COMPANY, an Ohio Corporation, pursuant to the authority granted by Article III, Section 9 of the Code of Regulations and By-Laws of said Company, does hereby nominate, constitute and appoint: John G. Maloney, Helen Maloney, Mark D. latarola, Matthew C. Gaynor or Deborah D. Davis of Escondido, California its true and lawful agent (s) and attorney (s)-in-fact, to make, execute, seal and deliver for and on its behalf as surety, and as its act and deed any and all BONDS, UNDERTAKINGS, and RECOGNIZANCES, not exceeding in any single instance TWENTY MILLION ($20,000,000.00) Dollars, excluding, however, any bond(s) or undertaking(s) guaranteeing the payment of notes and interest thereon And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Fairfield, Ohio, in their own proper persons. The authority granted hereunder supersedes any previous authority heretofore granted the above named attorney(s)-in-fact. In WITNESS WHEREOF, the undersigned officer of the said The Ohio Casualty Insurance Company has hereunto subscribed his name and affixed the Corporate Seal of the said The Ohio Casualty Insurance Company this 9th day of April, 2009. (0oa.a> S 01 O Q) 'o —*- 5co %"& CO U « J. Timothy D' Errico, Assistant Secretary CO E Assistant Secretary of the corporation shall be and is hereby vested with full power and authority to appoint attorneys-in-fact for the purpose of Assistant Secretary </) cSTATE OF OHIO, -55 COUNTY OF BUTLER On this 9th day of April, 2009 before the subscriber, a Notary Public of the State of Ohio, in and for the County of Butler, duly commissioned and qualified, came J. Timothy D'Errico, Assistant Secretary of THE OHIO CASUALTY INSURANCE COMPANY, to me personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me .Q >. COc-z oduly sworn deposes and says, that he is the officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate g l_ Seal of said Company, and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority >,(/) and direction of the said Corporation. £j IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal at the City of Hamilton, State of Ohio, the day and year first ^ E above written. £ _ < CO -33g'f V^> V7T- - IJ Notary Public in and for County of Butler, State of Ohio $> jg My Commission expires August 17, 2013. n _ a-i ,So *- CO gj t +••o.E 0)i- •** O CO This power of attorney is granted under and by authority of Article III, Section 9 of the Code of Regulations and By-Laws of The Ohio Casualty «j ( Insurance Company, extracts from which read: £ O Article III, Section 9. Appointment of Attorneys-in-Fact. The Chairman of the Board, the President, any Vice-President, the Secretary or any „_ O>o c signing the name of the corporation as surety to, and to execute, attach the seal of the corporation to, acknowledge and deliver any and all bonds, *- o> recognizances, stipulations, undertakings or other instruments of suretyship and policies of insurance to be given in favor of any individual, firm, |D _> corporation, partnership, limited liability company or other entity, or the official representative thereof, or to any county or state, or any official board co £ or boards of any county or state, or the United States of America or any agency thereof, or to any other political subdivision thereof This instrument is signed and sealed as authorized by the following resolution adopted by the Boards of Directors of the Companies on October 21, ^ ep 2004: RESOLVED, That the signature of any officer of the Company authorized under Article III, Section 9 of its Code of Regulations and By-laws and the Company seal may be affixed by facsimile to any power of attorney or copy thereof issued on behalf of the Company to make, execute, seal o co and deliver for and on its behalf as surety any and all bonds, undertakings or other written obligations in the nature thereof; to prescribe their " |~~ respective duties and the respective limits of their authority; and to revoke any such appointment. Such signatures and seal are hereby adopted by the Company as original signatures and seal and shall, with respect to any bond, undertaking or other written obligations in the nature thereof to which it is attached, be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATE I, the undersigned Assistant Secretary of The Ohio Casualty Insurance Company, do hereby certify that the foregoing power of attorney, the referenced By-Laws of the Company and the above resolution of its Board of Directors are true and correct copies and are in ful! force and effect on this date. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Company this 11TH day of JANUARY A.D., 2010 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT Title or Type of Document Number of Pages 2^P2^ Date Of Document fl/fl f/Q Signer(s)other than named below_ CERTIFICATE OF ACKNOWLEDGEMENT STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) OnOHHD befo ^Notary Public, personally appeared who proven to me on the basis of satisfactory evidence to be the person(d$whose 0$ is/j^subscribed to be within instrument and acknowledged to me that executed the same in his/jMLr/tlM$r authorized capacity£ta§), and that by his/Ifcic/t)Kir signature/X) 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.VERONICA L. MORA I Commission # 1637836 I Notary Public - California \ San Diego County i My Comm. Expires Jan 14,20101 VERONICA L. MORA* NOTARY PUBLIC SEAL OPTIONAL ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between the City of Carlsbad whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called "City" and _ whose address is _ hereinafter called "Contractor" and _ whose address is _ hereinafter called "Escrow Agent." For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as follows: 1 . Pursuant to 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 City and Contractor for MARBELLA WALL BEAUTIFICATION IMPROVEMENTS CONTRACT NO. 6020 in the amount of _ dated _ (hereinafter referred to as the "Contract"). Alternatively, on written request of the Contractor, the City shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the City within 10 days of the deposit. The 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 City and Contractor. Securities shall be held in the name of the City and shall designate the Contractor as the beneficial owner. 2. The City shall make progress payments to the Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. 3. When the City makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until such time as the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the City pays the Escrow Agent directly. 4. The Contractor shall be responsible for paying all fees for the expenses incurred by the Escrow Agent in administering the Escrow Account and all expenses of the City. These expenses and payment terms shall be determined by the City, Contractor and Escrow Agent. 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the City. Revised 03/25/09 Contract No. 6020 Page 39 of 1 16 Pages 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from City to the Escrow Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor. 7. The City shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days' written notice to the Escrow Agent from the City of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the City. 8. Upon receipt of written notification from the City certifying that the Contract is final and complete and that the Contractor has complied with all requirements and procedures applicable to the Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. 9. The Escrow Agent shall rely on the written notifications from the City and the Contractor pursuant to sections (1) to (8), inclusive, of this agreement and the City and Contractor shall hold Escrow Agent harmless from Escrow Agent's release, conversion and disbursement of the securities and interest as set forth above. 10. The names of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: For City: Title FINANCE DIRECTOR Name Signature Address 1635 Faraday Avenue. Carlsbad. CA 92008 For Contractor: Title Name Signature. Address _ For Escrow Agent: Title Name Signature. Address At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. A*¥ Revised 03/25/09 Contract No. 6020 Page 40 of 116 Pages IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. For City:Title MAYOR Name Signature Address 1200 Carlsbad Village Drive. Carlsbad. CA 92008 For Contractor:Title Name Signature. Address For Escrow Agent:Title Name Signature. Address Revised 03/25/09 Contract No. 6020 Page 41 of 116 Pages GENERAL PROVISIONS FOR MARBELLA WALL BEAUTIFICATION IMPROVEMENTS CONTRACT NO. 6020 CITY OF CARLSBAD BIDDERS ARE ADVISED THAT THIS SECTION REPLACES PART 1, GENERAL PROVISIONS, OF THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION SECTION 1 -TERMS, DEFINITIONS, ABBREVIATIONS, AND SYMBOLS 1-1 TERMS - Unless otherwise stated, the words directed, required, permitted, ordered, instructed, designated, considered necessary, prescribed, approved, acceptable, satisfactory, or words of like meaning, refer to actions, expressions, and prerogatives of the Engineer. 1-1.1 Reference to Drawings. Where words "shown", "indicated", "detailed", "noted", "scheduled", or words of similar import are used, it shall be understood that reference is made to the plans accompanying these provisions, unless stated otherwise. 1-1.2 Directions. Where words "directed", "designated", "selected", or words of similar import are used, it shall be understood that the direction, designation or selection of the Engineer is intended, unless stated otherwise. The word "required" and words of similar import shall be understood to mean "as required to properly complete the work as required and as approved by the Engineer," unless stated otherwise. 1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "equivalent", and such words of similar import are used, it shall be understood such words are followed by the expression "in the opinion of the Engineer", unless otherwise stated. Where the words "approved", "approval", "acceptance", or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Engineer is intended. 1-1.4 Perform. The word "perform" shall be understood to mean that the Contractor, at its expense, shall perform all operations, labor, tools and equipment, and further, including the furnishing and installing of materials that are indicated, specified or required to mean that the Contractor, at its expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools, equipment, and transportation. Revised 03/25/09 Contract No. 6020 Page 42 of 116 1-2 Definitions. The following words, or groups of words, shall be exclusively defined by the definitions assigned to them herein. Addendum - Written or graphic instrument issued prior to the opening of Bids which clarifies, corrects, or changes the bidding or Contract Documents. The term Addendum shall include bulletins and all other types of written notices issued to potential bidders prior to opening of Bids. Agency - The City of Carlsbad, California. Agreement - See Contract. Assessment Act Contract - A Contract financed by special assessments authorized under a State Act or procedural ordinance of a City or County. Base - A layer of specified material of planned thickness placed immediately below the pavement or surfacing. Bid - The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices for the Work. Bidder - Any individual, firm, partnership, corporation, or combination thereof, submitting a Bid for the Work, acting directly or through a duly authorized representative. Board - The officer or body constituting the awarding authority of the Agency, which is the City Council for the City of Carlsbad or the Board of Directors of Carlsbad Municipal Water District. Bond - Bid, performance, and payment bond or other instrument of security. City Council - the City Council of the City of Carlsbad. City Manager - the City Manager of the City of Carlsbad or his/her approved representative. Cash Contract - A Contract financed by means other than special assessments. Change Order - A written order to the Contractor signed by the Agency directing an addition, deletion, or revision in the Work, or an adjustment in the Contract Price or the Contract time issued after the effective date of the Contract. A Change Order may or may not also be signed by the Contractor. Code - The terms Government Code, Labor Code, etc., refer to codes of the State of California. Construction Manager - the Project Inspector's immediate supervisor and first level of appeal for informal dispute resolution. Contract- The written agreement between the Agency and the Contractor covering the Work. Contract Documents - Including but not limited to; the Contract, any Addendum (which pertain to the contract documents), Notice Inviting Bids, Instructions to Bidders; Bid (including documentation accompanying the Bid and any post-bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Contract, the Bonds, the General Provisions, permits from other agencies, the Technical Specifications, the Supplemental Revised 03/25/09 Contract No. 6020 Page 43 of 116 Provisions, the Plans, Standard Plans, Standard Specifications, Reference Specifications, and all Modifications issued after the execution of the Contract. Contractor - The individual, partnership, corporation, joint venture, or other legal entity having a Contract with the Agency to perform the Work. In the case of work being done under permit issued by the Agency, the permittee shall be constructed to be the Contractor. The term "prime contractor" shall mean Contractor. Contract Price - The total amount of money for which the Contract is awarded. Contract Unit Price - The amount stated in the Bid for a single unit of an item of work. County Sealer - The Sealer of Weights and Measures of the county in which the Contract is let. Days - Days shall mean consecutive calendar's days unless otherwise specified. Deputy City Engineer, Construction Management & Inspection - The Construction Manager's immediate supervisor and second level of appeal for informal dispute resolution. Dispute Board - Persons designated by the City Manager of the City of Carlsbad or Executive Manager of the Carlsbad Municipal Water District, to hear and advise the City Manager on claims submitted by the Contractor. The City Manager for the City of Carlsbad or the Executive Manager for the Carlsbad Municipal Water District is the last appeal level for informal dispute resolution. Electrolier - Street light assembly complete, including foundation, standard, luminaire arm, luminaire, etc. Engineer - The City Engineer of the City of Carlsbad or his/her approved representative. The Engineer is the third level of appeal for informal dispute resolution. Geotextile - Synthetic fiber used in civil engineering applications, serving the primary functions of separation and filtration. House Connection Sewer - A sewer, within a public street or right-of-way, proposed to connect any parcel, lot, or part of a lot with a mainline sewer. House Sewer - A sewer, wholly within private property, proposed to connect any building to a house connection sewer. Luminaire - The lamp housing including the optical and socket assemblies (and ballast if so specified). Luminaire Arm - The structural member, bracket, or mast arm, which, mounted on the standard, supports the luminaire. Minor Bid Item -A single contract item constituting less than 10 percent (10%) of the original Contract Price bid. Modification - Includes Change Orders and Supplemental Agreements. A Modification may only be used after the effective date of the Contract. Revised 03/25/09 Contract No. 6020 Page 44 of 116 Notice of Award - The written notice by the Agency to the successful Bidder stating that upon /M^ compliance by it with the required conditions, the Agency will execute the Contract. ^3 Notice to Proceed - A written notice given by the Agency to the Contractor fixing the date on which the Contract time will start. Own Organization - When used in Section 2-3.1 - Employees of the Contractor who are hired, directed, supervised and paid by the Contractor to accomplish the completion of the Work. Further, such employees have their employment taxes, State disability insurance payments, State and Federal income taxes paid and administered, as applicable, by the Contractor. When used in Section 2-3.1 "own organization" means construction equipment that the Contractor owns or leases and uses to accomplish the Work. Equipment that is owner operated or leased equipment with an operator is not part of the Contractor's Own Organization and will not be included for the purpose of compliance with Section 2-3.1. Person - Any individual, firm, association, partnership, corporation, trust, joint venture, or other legal entity. Plans - The drawings, profiles, cross sections, working drawings, and supplemental drawings, or reproductions thereof, approved by the Engineer, which show the location, character, dimensions, or details of the Work. Private Contract - Work subject to Agency inspection, control, and approval, involving private funds, not administered by the Agency. Project Inspector - The Engineer's designated representative for inspection, contract administration and first level for informal dispute resolution. —v Proposal - See Bid. Reference Specifications - Those bulletins, standards, rules, methods of analysis or test, codes, and specifications of other agencies, engineering societies, or industrial associations referred to in the Contract Documents. These refer to the latest edition, including amendments in effect and published at the time of advertising the project or issuing the permit, unless specifically referred to by edition, volume, or date. Roadway - The portion of a street reserved for vehicular use. Service Connection - Service connections are all or any portion of the conduit, cable, or duct, including meter, between a utility distribution line and an individual consumer. Sewer - Any conduit intended for the reception and transfer of sewage and fluid industrial waste. Specifications - General Provisions, Standard Specifications, Technical Specifications, Reference Specifications, Supplemental Provisions, and specifications in Supplemental Agreements between the Contractor and the Board. Standard - The shaft or pole used to support street lighting luminaire, traffic signal heads, mast ^^ arms, etc. Revised 03/25/09 Contract No. 6020 Page 45 of 116 Standard Plans - Details of standard structures, devices, or instructions referred to on the Plans or in Specifications by title or number. Standard Specifications - The Standard Specifications for Public Works Construction (SSPWC), the "Greenbook". State - State of California. Storm Drain - Any conduit and appurtenances intended for the reception and transfer of storm water. 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. Revised 03/25/09 Contract No. 6020 Page 46 of 116 1-3 ABBREVIATIONS 1-3.1 General. The abbreviation herein, together with others in general use, are applicable to these Standard Specifications and to project Plans or other Contract Documents. All abbreviations and symbols used on Plans for structural steel construction shall conform to those given by the "Manual of Steel Construction" published by the American Institute of Steel Construction, Inc. 1-3.2 Common Usage Abbreviation Word or Words ABAN Abandon ABAND Abandoned ABS Acrylonitrile - butadiene - styrene AC Asphalt Concrete ACP Asbestos cement pipe ACWS Asphalt concrete wearing surface ALT Alternate APIS 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 Benchmark 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 CONG 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 Revised 03/25/09 Contract No. 6020 Page 47 of 116 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 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 Lamp post 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 DBS 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 RGB 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 Revised 03/25/09 Contract No. 6020 Page 48 of 116 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 STHWY State highway STA Station STD Standard SIR Straight SIR GR Straight grade STRUG Structural/Structure SW Sidewalk SWD Sidewalk drain SY Square yard T Telephone TAN Tangent TC Top of curb TEL Telephone TF Top of footing TOPO Topography TR Tract TRANS Transition TS Traffic signal or transition structure TSC Traffic signal conduit TSS Traffic signal standard TW Top of wall TYP Typical UE Underground Electric USA Underground Service Alert VAR Varies, Variable VB Valve box VC Vertical curve VCP Vitrified clay pipe VERT Vertical VOL Volume VWD Vallecitos Water District W Water, Wider or Width, as applicable WATCH Work Area Traffic Control Handbook Wl Wrought iron WM Water meter WPJ Weakened plane joint XCONN Cross connection 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 Underwriters' Laboratories Inc. USGS United States Geological Survey Revised 03/25/09 Contract No. 6020 Page 49 of 116 1-4 UNITS OF MEASURE. 1-4.1 General. U.S. Standard Measures, also called U.S. Customary System, are the principal measurement system in these specifications. However, certain material specifications and test requirements contained herein use SI units specifically and conversions to U.S. Standard Measures may or may not have been included in these circumstances. When U.S. Standard Measures are not included in parenthesis, then the SI units shall control. S.I. units and U.S. Standard Measures in parenthesis may or may not be exactly equivalent. Reference is also made to ASTM E 380 for definitions of various units of the SI system and a more extensive set of conversion factors. 1 -4.2 Units of Measure and Their Abbreviations. U.S. Customary Unit (Equal To) SI Unit (Abbreviations) (Abbreviations! 1 mil (=0.001 in) .................................................................................... 25.4 micrometer (urn) 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 (fr) ................................................................................. 0.0929 square meter (m) 1 square yard (yd ) ............................................................................... 0.8361 square meter (m ) 1 cubic foot (ft3) . .................................................................................... 0.0283 cubic meter (rrQ 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 flb) (avoirdupois) ........................................................... 0.4536 kilogram (kg) 1 ounce mass (oz) ................................................................................ 0.02835 kilogram (kg) 1 Ton (=2000 Ib 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 meter (N/m) 1 foot-pound force (ft-lbf) ...................................................................... 1.3558 Joules (J) 1 foot-pound force per second ([ft-lbf]/s) .............................................. 1.3558 Watt (W) 1 part per million (ppm) ........................................................................ 1 milligram/liter (mg/L) Temperature Units and Abbreviations Degree Fahrenheit (°F): ....................................................................... Degree Celsius (°C): °F = (1.8 x °C) + 32 .............................................................................. °C = (°F - 32)/1.8 SI Units (abbreviation) Commonly Used in Both Systems 1 Ampere (A) 1 Volt (V) 1 Candela (cd) 1 Lumen (Im) 1 second (s) Common Metric Prefixes kilo(k) ................................................................................................... 10, ,"3centi(c) ................................................................................................. 10 milli(m) ................................................................................................. 10 micro (n) ............................................................................................... 10"; nano(n) ................................................................................................ 10" pico(p) .................................................................................................. 10"12 Revised 03/25/09 Contract No. 6020 Page 50 of 116 1-5 SYMBOLS A Delta, the central angle or angle between tangents Z Angle % Percent Feet or minutes Inches or seconds1 Number / per or (between words)0 Degree PL Property line CL Centerline SL Survey line or station line Revised 03/25/09 Contract No. 6020 Page 51 of 116 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 otherwise provided in the Code. As provided in Section 4107, no Contractor whose Bid is accepted shall substitute any person as Subcontractor in place of the Subcontractor listed in the original Bid, except for causes and by procedures established in Section 4107.5. This section provides procedures to correct a clerical error in the listing of a Subcontractor. Section 4110 provides that a Contractor violating any of the provisions of the Chapter violates the Contract and the Board may exercise the option either to cancel the Contract or assess the Contractor a penalty in an amount of not more than 10 percent of the subcontract involved, after a public hearing. Revised 03/25/09 Contract No. 6020 Page 52 of 116 Should the Contractor fail to adhere to the provisions requiring the Contractor to complete 50 percent of the contract price with its own organization, the Agency may at its sole discretion elect to cancel the contract or deduct an amount equal to 10 percent of the value of the work performed in excess of 50 percent of the contract price by other than the Contractor's own organization. The Board shall be the sole body for determination of a violation of these provisions. In any proceedings under this section, the prime contractor shall be entitled to a public hearing before the Board and shall be notified ten (10) days in advance of the time and location of said hearing. The determination of the City Council shall be final. 2-3.2 Additional Responsibility. The Contractor shall give personal attention to the fulfillment of the Contract and shall keep the Work under its control. The Contractor shall perform, with its own organization, Contract work amounting to at least 50 percent of the Contract Price except that any designated "Specialty Items" may be performed by subcontract, and the amount of any such "Specialty Items" so performed may be deducted from the Contract Price before computing the amount required to be performed by the Contractor with its own organization. "Specialty Items" will be identified by the Agency in the Bid or Proposal. Where an entire item is subcontracted, the value of work subcontracted will be based on the Contract Unit Price. When a portion of an item is subcontracted, the value of work subcontracted will be based on the estimated percentage of the Contract Unit Price. This will be determined from information submitted by the Contractor, and subject to approval by the Engineer. Before the work of any Subcontractor is started, the Contractor shall submit to the Engineer for approval a written statement showing the work to be subcontracted giving the name and business of each Subcontractor and description and value of each portion of the work to be so subcontracted. 2-3.3 Status of Subcontractors. Subcontractors shall be considered employees of the Contractor, and the Contractor shall be responsible for their work. 2-4 CONTRACT BONDS. Before execution of the Contract, the Bidder shall file surety bonds with the Agency to be approved by the Board in the amounts and for the purposes noted below. Bonds issued by a surety, who is authorized to issue bonds in California, and whose bonding limitation shown in said circular is sufficient to provide bonds in the amount required by the Contract shall be deemed to be approved unless specifically rejected by the Agency. Bonds from all other sureties shall be accompanied by all of the documents enumerated in Code of Civil Procedure 995.660 (a). The Bidder shall pay all bond premiums, costs, and incidentals. Each bond shall incorporate, by reference, the Contract and be signed by both the Bidder and Surety and the signature of the authorized agent of the Surety shall be notarized. The Contractor shall provide a faithful performance/warranty bond and payment bond (labor and materials bond) for this contract. The faithful performance/warranty bond shall be in a sum not less than one hundred percent of the total amount payable by the terms of this contract. The Contractor shall provide bonds to secure payment of laborers and materials suppliers in a sum not less than one hundred percent of the total amount payable by the terms of this contract. Both bonds shall extend in full force and effect and be retained by the Agency during this project until they are released according to the provisions of this section. 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 Revised 03/25/09 Contract No. 6020 Page 53 of 116 bonds to secure payment of laborers and materials suppliers shall be released six months plus 30 days after recordation of the Notice of Completion if all claims have been paid. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the following documents: 1) An original, or a certified copy, of the un-revoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of the insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the execution of the bond. The financial statement shall be made by an officer's certificate as defined in Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may be verified by the oath of the principal officer or manager residing within the United States. Should any bond become insufficient, the Contractor shall renew the bond within 10 days after receiving notice from the Agency. Should any Surety at any time be unsatisfactory to the Board, notice will be given the Contractor to that effect. No further payments shall be deemed due or will be made under the contract until a new Surety shall qualify and be accepted by the Board. Changes in the Work or extensions of time, made pursuant to the Contract, shall in no way release the Contractor or Surety from its obligations. Notice of such changes or extensions shall be waived by the Surety. 2-5 PLANS AND SPECIFICATIONS. 2-5.1 General. The Contractor shall keep at the Work site a copy of the Plans and Specifications, to which the Engineer shall have access at all times. The specifications for the work include the General Provisions, project technical specifications, Carlsbad Engineering Standards (CES), Standard Specifications for Public Works Construction, (SSPWC), Part 2 & 3, and the latest supplements thereto, current edition at the time of bid opening as published by the "Greenbook" Committee of Public Works Standards, Inc., hereinafter designated "SSPWC", as amended. The construction plans consist of five (5) drawings. The standard drawings used for this project are the latest edition of the San Diego Area Regional Standard Drawings, hereinafter designated SDRSD, as issued by the San Diego County Department of Public Works, together with the most recent editions of the City of Carlsbad Engineering Standards and Carlsbad Standard Drawings, as issued by the City of Carlsbad and the Carlsbad Municipal Water District, hereinafter designated as CES and CSD, respectively. Copies of some of the pertinent standard drawings are enclosed as an appendix to these General Provisions. 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. Revised 03/25/09 Contract No. 6020 Page 54 of 1 16 The Contractor shall ascertain the existence of any conditions affecting the cost of the Work through a reasonable examination of the Work site prior to submitting the Bid. Existing improvements visible at the Work site, for which no specific disposition is made on the Plans, but which interfere with the completion of the Work, shall be removed and disposed of by the Contractor. The Contractor shall, upon discovering any error or omission in the Plans or Specifications, immediately call it to the attention of the Engineer. 2-5.2 Precedence of Contract Documents. If there is a conflict between Contract Documents, the document highest in precedence shall control. The precedence shall be the most recent edition of the following documents listed in order of highest to lowest precedence: 1) Permits from other agencies as may be required by law. 2) Change orders, whichever occurs last. 3) Technical Specifications 4) Contract addenda, whichever occurs last. 5) Contract 6) Carlsbad General Provisions, Technical Specifications, and Supplemental Provisions. 7) Plans. 8) Standards plans. a) City of Carlsbad Standard Drawings. b) Carlsbad Municipal Water District Standard Drawings. c) City of Carlsbad modifications to the San Diego Area Regional Standard Drawings. d) San Diego Area Regional Standard Drawings. e) State of California Department of Transportation Standard Plans. 9) Standard Specifications for Public Works Construction, as amended. 10) Reference Specifications. 11) Manufacturer's Installation Recommendations Detail drawings shall take precedence over general drawings. Change Orders, Supplemental Agreements and approved revisions to Plans and Specifications will take precedence over items 2) through 9) above. Detailed plans and plan views shall have precedence over general plans. 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. Revised 03/25/09 Contract No. 6020 Page 55 of 116 The Contractor shall allow a minimum of 20 working days for review of submittals unless otherwise specified in the Special Provisions. Each submittal shall be accompanied by a letter of transmittal. Each submittal shall be consecutively numbered. Resubmittals shall be labeled with the number of the original submittal followed by an ascending alphabetical designation (e.g. The label '4-C' would indicate the third instance that the fourth submittal had been given to the Engineer). Each sheet of each submittal shall be consecutively numbered. Each set of shop drawings and submittals shall be accompanied by a letter of transmittal on the Contractor's letterhead. The Letter of Transmittal shall contain the following: 1) Project title and Agency contract number. 2) Number of complete sets. 3) Contractor's certification statement. 4) Specification section number(s) pertaining to material submitted for review. 5) Submittal number (Submittal numbers shall be consecutive including subsequent submittals for the same materials.) 6) Description of the contents of the submittal. 7) Identification of deviations from the contract documents. When submitted for the Engineer's review, Shop Drawings shall bear the Contractor's certification that the Contractor has reviewed, checked, and approved the Shop Drawings and that they are in conformance with the requirements of the Contract Documents. The Contractor shall subscribe to and shall place the following certification on all submittals: "I hereby certify that the (equipment, material) shown and marked in this submittal is that proposed to be incorporated into this Project, is in compliance with the Contract Documents, can be installed in the allocated spaces, and is submitted for approval." By: Title: Date: Company Name: 2-5.3.2 Working Drawings. Working drawings are drawings showing details not shown on the Plans which are required to be designed by the Contractor. Working drawings shall be of a size and scale to clearly show all necessary details. 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. Revised 03/25/09 Contract No. 6020 Page 56 of 116 Working drawings are required in the following sections: TABLE 2-5.3.2 (A) Item Section Number Title 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 7-10.4.1 207-2.5 207-8.4 207-10.2.1 300-3.2 303-1.6.1 303-1.7.1 303-3.1 304-1.1.1 304-1.1.2 304-2.1 306-2.1 306-3.1 306-3.4 306-6 306-8 307-4.3 Safety Orders Joints Joints General Cofferdams General General General Shop Drawings Falsework Plans General General General Tunnel Supports Remodeling Existing Sewer Facilities Microtunneling Controller Cabinet Wiring Diagrams Subject 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 Jacking Operations Tunneling Operations Tunneling Operations Polyethylene Liner Installation Microtunneling Operations 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 otherwise specified in the Special Provisions or directed by the Engineer. Supporting information for systems shall be bound together and include all manufactured items for the system. If resubmittal is not required, three copies will be returned to the Contractor. Supporting information shall consist of the following and is required unless otherwise specified in the Special Provisions: 1) List of Subcontractors per 2-3.2. 2) List of Materials per 4-1.4. 3) Certifications per 4-1.5. 4) Construction Schedule per 6-1. 5) Confined Space Entry Program per 7-10.4.4. 6) Concrete mix designs per 201 -1.1. 7) Asphalt concrete mix designs per 203-6.1. 8) Data, including, but not limited to, catalog sheets, bulletins, specifications, diagrams, product samples, manufacturer's brochures, technical 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. o Revised 03/25/09 Contract No. 6020 Page 57 of 116 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 the various bid items and no additional payment will be made therefore. 2-6 WORK TO BE DONE. The Contractor shall perform all work necessary to complete the Contract in a satisfactory manner. Unless otherwise provided, the Contractor shall furnish all materials, equipment, tools, labor, and incidentals necessary to complete the Work. 2-7 SUBSURFACE DATA. All soil and test hole data, water table elevations, and soil analyses shown on the drawings or included in the Specifications apply only at the location of the test holes and to the depths indicated. Soil test reports for test holes which have been drilled are available for inspection at the office of the Engineer. Any additional subsurface exploration shall be done by Bidders or the Contractor at their own expense. The indicated elevation of the water table is that which existed on the date when test hole data was determined. It is the Contractor's responsibility to determine and allow for the elevation of groundwater at the date of project construction. A difference in elevation between groundwater shown in soil boring logs and groundwater actually encountered during construction will not be considered as a basis for extra work. 2-8 RIGHT-OF-WAY. Rights-of-way, easements, or rights-of-entry for the Work will be provided by the Agency. Unless otherwise provided, the Contractor shall make arrangements, pay for, and assume all responsibility for acquiring, using, and disposing of additional work areas and facilities temporarily required. The Contractor shall indemnify and hold the Agency harmless from all claims for damages caused by such actions. 2-9 SURVEYING. 2-9.1 Permanent Survey Markers. The Contractor shall not cover or disturb permanent survey monuments or benchmarks without the consent of the Engineer. Where the Engineer concurs, in writing, with the Contractor that protecting an existing monument in place is impractical, the Contractor shall employ a licensed land surveyor or a registered civil engineer authorized to practice land surveying within the State of California, hereinafter Surveyor, to establish the location of the monument before it is disturbed. The Contractor shall have the monument replaced by the Surveyor no later than thirty (30) days after construction at the site of the replacement is completed. The Surveyor shall file corner record(s) as required by §§ 8772 and 8773, et seq. of the California Business and Professions Code. When a change is made in the finished elevation of the pavement of any roadway in which a permanent survey monument is located, the Contractor shall adjust the monument frame and cover to the new grade within 7 days of paving unless the Engineer shall approve otherwise. Monument frames and covers shall be protected during street sealing or painting projects or be cleaned to the satisfaction of the Engineer. 2-9.2 Survey Service. The Contractor shall hire and pay for the services of a Surveyor, hereinafter Surveyor to perform all work necessary for establishing control, construction staking, records research and all other surveying work necessary to construct the work, provide surveying services as required herein and provide surveying, drafting and other professional services required to satisfy the Revised 03/25/09 Contract No. 6020 Page 58 of 116 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 (81/2" 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 earlier surveys and all other evidence used by the Surveyor to determine the location of the monuments set. The field notes and calculations will be labeled with name of the Surveyor, the party chief, the field crewmembers and the author of the field notes or calculations. They shall be annotated with the date of observation or calculation, be numbered with consecutive page numbers and shall be readable without resort to any electronic aid, computer program or documentation 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 centerlines are permanent survey monuments. The Record of Survey shall show all monuments set, control monuments used, the basis of bearings and all other data needed to determine the procedure of survey and the degree of accuracy attained by the field surveying including the unadjusted ratio of closure. The unadjusted ratio of closure shall not exceed 1 part in 40,000. The record of survey shall show the location and justification of location of all permanent monuments set and their relation to the street right-of-way. Record(s) of Survey(s) shall be submitted for the Engineer's review and approval before submittal to the County Surveyor and before submittal to the County Recorder. 2-9.2.2 Survey Requirements, Stakes shall be set at offsets approved by the Engineer at no greater intervals than specified in TABLE 2-9.2.2(A) as measured along the project stationing. Stakes shall be set to show the location and grade of future curbs adjacent to traffic signal locations 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. Centerline monument shall have the disk stamped with the date the monument was set and the registration number of the Surveyor. Habitat mitigation sites and other areas to be preserved that are shown on the plans shall be staked and flagged prior to the start of any other activities within the limits of the work. When curb and gutter does not exist and is not being installed as a part of the project the location of adjacent facilities being constructed as a part of the contract the Contractor shall place stakes defining the horizontal and vertical location of such adjacent utility vaults, poles or other facilities that are being installed as parts of, or adjunct to, the project either by the Contractor and/or those noted on the plans as to be installed by others. Revised 03/25/09 Contract No. 6020 Page 59 of 116 "*».*•' TABLE 2-9.2.2(A) Survey Requirements for Construction Staking Feature Staked Street Centerline Clearing Slope Fence Rough Grade Cuts or Fills > 10m (33') Final Grade (includes top of: Basement soil, subbase and base) Asphalt Pavement Finish Course Drainage Structures, Pipes & similar Facilities®, ® Curb Traffic Signal ® Signal Poles & Controller ® Junction Box ® Conduit ® Minor Structure ® Abutment Fill Stake Description ® SDRSM-10 Monument Lath in soil, painted line on PCC & AC surfaces RP + Marker Stake RP + Marker Stake RP + Marker Stake RP + Marker Stake, Blue- top in grading area RP, paint on previous course RP + Marker Stake RP + Marker Stake RP + Marker Stake RP + Marker Stake RP + Marker Stake RP + Marker Stake + Line Stake RP + Marker Stake + Line Stake Centerline or Parallel to Centerline Spacing®, © <1000', Street Intersections, Begin and end of curves, only when shown on the plans lath - Intervisible, < 50' on tangents & < 25' on curves, Painted line - continuous Intervisible and < 50' < 200' on tangents, < 50' on curves when R> 1000' & 25' on curves when R< 1000' 550' < 50' on tangents & curves when R> 1000' & < 25' on curves when R < 1000' < 25' or as per the intersection grid points shown on the plan whichever provides the denser information intervisible & < 25', beginning and end, BC & EC of facilities, Grade breaks, Alignment breaks, Junctions, Inlets & similar facilities, Risers & similar facilities (except plumbing), Skewed cut-off lines < 25', BC & EC, at %A, 1/£A & %A on curb returns & at beginning & end Vertical locations shall be based on the ultimate elevation of curb and sidewalk at each pole & controller location at each junction box location £ 50' on tangents & curves when R> 1000' & < 25' on curves when R < 1000' or where grade < 0.30% for catch basins: at centerline of box, ends of box & wings & at each end of the local depression © < 50' & along end slopes & conic transitions Lateral Spacing ®, ® on street centerline at clearing line Grade Breaks &<25' N/A ( constant offset) N/A <22' edge of pavement, paving pass width, crown line & grade breaks as appropriate ( constant offset) as appropriate as appropriate as appropriate as appropriate as appropriate Setting Tolerance (Within) 0.02' Horizontal, also see Section 2-9.2.1 herein 1' Horizontal 0.1' Verticals Horizontal 0.1' Horizontal 0.1 'Verticals Horizontal V Horizontal & "IS Vertical J/8" Horizontal & V/ Vertical J/8" Horizontal & V Vertical %" Horizontal & V Vertical %" Horizontal & V Vertical %" Horizontal & V Vertical %" Horizontal & when depth cannot be measured from existing pavement 1/4" Vertical %" Horizontal & V Vertical (when vertical data needed) 0.1 'Verticals Horizontal oRevised 03/25/09 Contract No. 6020 Page 60 of 116 Feature Staked Wall® Major Structure © Footings, Bents, Abutments & Wingwalls Superstructures Miscellaneous © Contour Grading ® Utilities ©, © Channels, Dikes & Ditches ® Signs ® Subsurface Drains ® Overside Drains ® Markers ® Railings & Barriers ® AC Dikes ® Box Culverts Pavement Markers® Stake Description ® RP + Marker Stake + Line Point +Guard Stake RP + Marker Stake + Line Point +Guard Stake RP RP + Marker Stake RP + Marker Stake RP + Marker Stake RP + Marker Stake + Line Point -t-Guard Stake RP + Marker Stake RP + Marker Stake RP + Marker Stake RP + Marker Stake RP + Marker Stake RP Centerline or Parallel to Centerline Spacing®, © < 50' and at beginning & end of: each wall, BC & EC, layout line angle points, changes in footing dimensions &/or elevation & wall height 10' to 33' as required by the Engineer, BC & EC, transition points & at beginning & end. Elevation points on footings at bottom of columns 10' to 33' sufficient to use string lines, BC & EC, transition points & at beginning & end. Elevation points on footings at bottom of columns <50' < 50' on tangents & curves when R> 1000' & <: 25' on curves when R < 1000' or where grade < 0.30% intervisible & <, 100', BC & EC of facilities, Grade breaks, Alignment breaks, Junctions, Inlets & similar facilities At sign location intervisible & < 50', BC & EC of facilities, Grade breaks, Alignment breaks, Junctions, Inlets & similar facilities, Risers & similar facilities longitudinal location for asphalt street surfacing < 50' on tangents & curves when R> 1000' & < 25' on curves when R< 1000'. At beginning & end and < 50' on tangents & curves when R £ 1000' & < 25' on curves when R < 1000' At beginning & end 10' to 33' as required by the Engineer, BC & EC, transition points & at beginning & end. Elevation points on footings & at invert 200' on tangents, 50' on curves when R > 1000' & 25' on curves when R < 1000'. For PCC surfaced streets lane cold joints will suffice Lateral Spacing <3>, ® as appropriate as appropriate as appropriate along contour line as appropriate as appropriate Line point as appropriate At beginning & end At marker location(s) at railing & barrier location(s) as appropriate as appropriate at pavement marker location(s) Setting Tolerance (Within) 'IS Horizontal & 74" Vertical %" Horizontal & 74" Vertical %* Horizontal & 74" Vertical 0.1 'Verticals Horizontal 78" Horizontal & 74" Vertical 0.1 'Horizontals 74" Vertical 0.1 'Verticals Horizontal 0.1 'Horizontals 74" Vertical 0.1' Horizontals 74" Vertical 74" Horizontal "la" Horizontal & Vertical 0.1' Horizontal & Vertical %" Horizontal & 74" Vertical 74" Horizontal ® Staking for feature may be omitted when adjacent marker stakes reference the offset and elevation of those features and the accuracy requirements of the RP meet the requirements for the feature © Reference points shall be sufficiently durable and set securely enough to survive with accuracy intact throughout the installation & inspection of the features or adjacent facilities for which they provide control. RP means reference point for the purposes of this table d> Perpendicular to centerline. ® Some features are not necessarily parallel to centerline but are referenced thereto © Multi-plane surfaced features shall be staked so as to provide line & grade information for each plane of the feature ® £ means greater than, or equal to, the number following the symbol. <, means less than, or equal to, the number fol- lowing the symbol. © The cut datum for storm drainage & sanitary sewer pipes & similar structures shall be their invert. The cut datum for all other utilities shall be the top of their pipe or conduit. All guard stakes, line stakes and lath shall be flagged. Unless otherwise approved by the Engineer flagging, paint and marking cards shall be the color specified in TABLE 2-9.2.2(6) Revised 03/25/09 Contract No. 6020 Page 61 of 116 TABLE 2-9.2.2(6) Survey Stake Color Code for Construction Staking Type of Stake Horizontal Control Vertical Control Clearing Grading Structure Drainage, Sewer, Curb Riaht-of-Way Miscellaneous Description Coordinated control points, control lines, control reference points, centerline, alignments, etc. Bench marks Limits of clearing Slope, intermediate slope, abutment fill, rough grade, contour grading, final grade, etc. Bridges, sound and retaining walls, box culverts, etc. Pipe culverts, junction boxes, drop inlets, headwalls, sewer lines, storm drains, slope protection, curbs, gutters, etc. Fences, R/ W lines, easements, property monuments, etc. Signs, railings, barriers, lighting, etc. Color* White/Red White/Orange Yellow/Black Yellow White Blue White/Yellow Orange * Flagging and marking cards, if used. 2-9.2.3 Payment for Survey, Payment for work performed to satisfy the requirements of Sections 2- 9.1 through 2-9.2.2 shall be included in the actual bid items requiring the survey work and no additional payment will be made. Extension of unit prices for extra work shall include full compensation for attendant survey work and no additional payment will be made. Payment for the replacement of disturbed monuments and the filing of records of survey and/or corner records, including filing fees, shall be incidental to the work necessitating the disturbance of said monuments and no additional payment will be made. 2-9.3 Private Engineers. Surveying by private engineers on the Work shall conform to the quality and practice required by the Engineer. 2-9.4 Line and Grade. All work shall conform to the lines, elevations, and grades shown on the Plans. Three consecutive points set on the same slope shall be used together so that any variation from a straight grade can be detected. Any such variation shall be reported to the Engineer. In the absence of such report, the Contractor shall be responsible for any error in the grade of the finished work. Grades for underground conduits will be set at the surface of the ground. The Contractor shall transfer them to the bottom of the trench. 2-10 AUTHORITY OF BOARD AND ENGINEER. The Board has the final authority in all matters affecting the Work. Within the scope of the Contract, the Engineer has the authority to enforce compliance with the Plans and Specifications. The Contractor shall promptly comply with instructions from the Engineer or an authorized representative. The decision of the Engineer is final and binding on all questions relating to: quantities; acceptability of material, equipment, or work; execution, progress or sequence of work; and interpretation of the Plans, Specifications, or other drawings. This shall be precedent to any payment under the Contract, unless otherwise ordered by the Board. 2-10.1 Availability of Records, The Contractor shall, at no charge to the Agency, provide copies of all records in the Contractor's or subcontractor's possession pertaining to the work that the Engineer may request. Revised 03/25/09 Contract No. 6020 Page 62 of 116 2-10.2 Audit And Inspection, Contractor agrees to maintain and/or make available, to the Engineer, within San Diego County, accurate books and accounting records relative to all its activities and to contractually require all subcontractors to this Contract to do the same. The Engineer shall have the right to monitor, assess, and evaluate Contractor's and its subcontractors performance pursuant to this Agreement, said monitoring, assessments, and evaluations to include, but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and interviews of Contractor's staff and the staff of all subcontractors to this contract. At any time during normal business hours and as often as the Engineer may deem necessary, upon reasonable advance notice, Contractor shall make available to the Engineer for examination, all of its, and all subcontractors to this contract, records with respect to all matters covered by this Contract and will permit the Engineer to audit, examine, copy and make excerpts or transcripts from such data and records, and to make audits of all invoices, materials, payrolls, records of personnel, and other data relating to all matters covered by this Contract. However, any such activities shall be carried out in a manner so as to not unreasonably interfere with Contractor's ongoing business operations. Contractor and all subcontractors to this contract shall maintain such data and records for as long as may be required by applicable laws and regulations. 2-11 INSPECTION. The Work is subject to inspection and approval by the Engineer. The Contractor shall notify the Engineer before noon of the working day before inspection is required. Work shall be done only in the presence of the Engineer, unless otherwise authorized. Any work done without proper inspection will be subject to rejection. The Engineer and any authorized representatives shall at all times have access to the Work during its construction at shops and yards as well as the project site. The Contractor shall provide every reasonable facility for ascertaining that the materials and workmanship are in accordance with these specifications. Inspection of the Work shall not relieve the Contractor of the obligation to fulfill all conditions of the Contract. Revised 03/25/09 Contract No. 6020 Page 63 of 116 SECTION 3 - CHANGES IN WORK 3-1 CHANGES REQUESTED BY THE CONTRACTOR. 3-1.1 General. Changes in the Plans and Specifications, requested in writing by the Contractor, which do not materially affect the Work and which are not detrimental to the Work or to the interests of the Agency, may be granted by the Engineer. Nothing herein shall be construed as granting a right to the Contractor to demand acceptance of such changes. 3-1.2 Payment for Changes Requested by the Contractor. If such changes are granted, they shall be made at a reduction in cost or no additional cost to the Agency. 3-2 CHANGES INITIATED BY THE AGENCY. 3-2.1 General. The Agency may change the Plans, Specifications, character of the work, or quantity of work provided the total arithmetic dollar value of all such changes, both additive and deductive, does not exceed 25 percent of the Contract Price. Should it become necessary to exceed this limitation, the change shall be by written Supplemental Agreement between the Contractor and Agency, unless both parties agree to proceed with the change by Change Order. Change Orders shall be in writing and state the dollar value of the change or established method of payment, any adjustment in contract time of completion, and when negotiated prices are involved, shall provide for the Contractor's signature indicating acceptance. 3-2.2 Payment 3-2.2.1 Contract Unit Prices. If a change is ordered in an item of work covered by a Contract Unit Price, and such change does not involve substantial change in character of the work from that shown on the Plans or specified in the Specifications, then an adjustment in payment will be made. This adjustment will be based upon the increase or decrease in quantity and the Contract Unit Price. If the actual quantity of an item of work covered by a Contract Unit Price and constructed in conformance with the Plans and Specifications varies from the Bid quantity by 50 percent or less, payment will be made at the Contract Unit Price. If the actual quantity of said item of work varies from the Bid quantity by more than 50 percent, payment will be made per Section 3-2.2.2 or 3-2.2.3 as appropriate. If a change is ordered in an item of work covered by a Contract Unit Price, and such change does involve a substantial change in the character of the work from that shown on the Plans or specified in the Specifications, an adjustment in payment will be made per Section 3-2.4. 3-2.2.2 Increases of More Than 50 Percent. Should the actual quantity of an item of work covered by a Contract Unit Price and constructed in conformance with the Plans and Specifications, exceed the Bid quantity by more than 50 percent, payment for the quantity in excess of 150 percent of the Bid quantity will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Section 3-3. The Extra Work per Section 3-3, basis of payment, shall not include fixed costs. Fixed costs shall be deemed to have been recovered by the Contractor through payment for 150 percent of the Bid quantity at the Contract Unit Price. 3-2.2.3 Decreases of More Than 50 Percent. Should the actual quantity of an item of work covered by a Contract Unit Price, and constructed in conformance with the Plans and Specifications, be less than 50 percent of the Bid quantity, an adjustment in payment will not be made unless so requested Revised 03/25/09 Contract No. 6020 Page 64 of 116 in writing by the Contractor. If the Contractor so requests, payment will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Section 3-3; however, in no case will payment be less than would be made for the actual quantity at the Contract Unit Price nor more than would be made for 50 percent of the Bid quantity at the Contract Unit Price. 3-2.3 Stipulated Unit Prices. Stipulated Unit Prices are unit prices established by the Agency in the Contract Documents as distinguished from Contract Unit Prices submitted by the Contractor. Stipulated Unit Prices may be used for the adjustment of Contract changes when so specified in the Special Provisions. 3-2.4 Agreed Prices. Agreed Prices are prices for new or unforeseen work, or adjustments in Contract Unit Prices per Section 3-2.2, established by mutual agreement between the Contractor and the Agency. If mutual agreement can not be reached, the Engineer may direct the Contractor to proceed on the basis of Extra Work in accordance per Section 3-3, except as otherwise specified in Sections 3-2.2.2 and 3-2.2.3. 3.2.4.1 Schedule of Values. Prior to construction, Contractor shall provide a schedule of values for all lump sum bid items that shall be used for the purpose of progress payments. The prices shall be valid for the purpose of change orders to the project. 3.2.5 Eliminated Items. Should any Bid item be eliminated in its entirety, payment will be made to the Contractor for its actual costs incurred in connection with the eliminated item prior to notification in writing from the Engineer so stating its elimination. If material conforming to the Plans and Specifications is ordered by the Contractor for use in the eliminated item prior to the date of notification of elimination by the Engineer, and if the order for that material can not be canceled, payment will be made to the Contractor for the actual cost of the material. In this case, the material shall become the property of the Agency. Payment will be made to the Contractor for its actual costs for any further handling. If the material is returnable, the material shall be returned and payment will be made to the Contractor for the actual cost of charges made by the supplier for returning the material and for handling by the Contractor. Actual costs, as used herein, shall be computed on the basis of Extra Work per Section 3-3. 3-3 EXTRA WORK. 3-3.1 General. New or unforeseen work will be classified as "extra work" when the Engineer determines that it is not covered by Contract Unit Prices or stipulated unit prices. 3-3.2 Payment 3-3.2.1 General. When the price for the extra work cannot be agreed upon, the Agency will pay for the extra work based on the accumulation of costs as provided herein. 3-3.2.2 Basis for Establishing Costs. (a) Labor. The costs of labor will be the actual cost for wages of workers performing the extra work at the time the extra work is done, plus employer payments of payroll taxes, workers compensation insurance, liability insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs, resulting from Federal, State, or local laws, as well as assessments or benefits required by lawful collective bargaining agreements. The use of a labor classification which would increase the extra work cost will not be permitted unless the Contractor establishes the necessity for such additional costs. Labor costs for equipment Revised 03/25/09 Contract No. 6020 Page 65 of 116 operators and helpers shall be reported only when such costs are not included in the invoice for equipment rental. The labor cost for foremen shall be proportioned to all of their assigned work and only that applicable to extra work will be paid. Nondirect labor costs, including superintendence, shall be considered part of the markup of Section 3-3.2.3 (a). (b) Materials. The cost of materials reported shall be at invoice or lowest current price at which such materials are locally available and delivered to the job site in the quantities involved, plus sales tax, freight, and delivery. The Agency reserves the right to approve materials and sources of supply, or to supply materials to the Contractor if necessary for the progress of the Work. No markup shall be applied to any material provided by the Agency. (c) Tool and Equipment Rental. No payment will be made for the use of tools which have a replacement value of $200 or less. Regardless of ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs shall be the edition of the, "Labor Surcharge and Equipment Rental Rates" published by 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 all incidentals. Necessary loading and transportation costs for equipment used on the extra work shall be included. If equipment is used intermittently and, when not in use, could be returned to its rental source at less expense to the Agency than holding it at the Work site, it shall be returned, unless the Contractor elects to keep it at the Work site, at no expense to the Agency. All equipment shall be acceptable to the Engineer, in good working condition, and suitable for the purpose for which it is to be used. Manufacturer's ratings and approved modifications shall be used to classify equipment and it shall be powered by a unit of at least the minimum rating recommended by the manufacturer. The reported rental time for equipment already at the Work site shall be the duration of its use on the extra work. This time begins when equipment is first put into actual operation on the extra work, plus the time required to move it from its previous site and back, or to a closer site. (d) Other Items. The Agency may authorize other items which may be required on the extra work, including labor, services, material, and equipment. These items must be different in their nature from those required for the Work, and be of a type not ordinarily available from the Contractor or Subcontractors. Invoices covering all such items in detail shall be submitted with the request for payment. (e) Invoices. Vendors' invoices for material, equipment rental and other expenditures shall be submitted with the request for payment. If the request for payment is not substantiated by invoices or Revised 03/25/09 Contract No. 6020 Page 66 of 116 other documentation, the Agency may establish the cost of the item involved at the lowest price which was current at the time of the report. 3-3.2.3 Markup. (a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor 20 2) Materials 15 3) Equipment Rental 15 4) Other Items and Expenditures .. 15 To the sum of the costs and markups provided for in this section, 1 percent shall be added as compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in Section 3-3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. 3-3.3 Daily Reports by Contractor. When the price for the extra work cannot be agreed upon, the Contractor shall submit a daily report to the Engineer on forms approved by the Agency. Included are applicable delivery tickets, listing all labor, materials, and equipment involved for that day, and other services and expenditures when authorized. Payment for extra work will not be made until such time that the Contractor submits completed daily reports and all supporting documents to the Engineer. Failure to submit the daily report by the close of the next working day may waive any rights for that day. An attempt shall be made to reconcile the report daily, and it shall be signed by the Engineer and the Contractor. In the event of disagreement, pertinent notes shall be entered by each party to explain points which cannot be resolved immediately. Each party shall retain a signed copy of the report. Reports by Subcontractors or others shall be submitted through the Contractor. The report shall: 1. Show names of workers, classifications, and hours worked. 2. Describe and list quantities of materials used. 3. Show type of equipment, size, identification number, and hours of operation, including loading and transportation, if applicable. 4. Describe other services and expenditures in such detail as the Agency may require. 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 Revised 03/25/09 Contract No. 6020 Page 67 of 116 3. Material differing from that represented in the Contract which the Contractor believes may be hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law. The Engineer will promptly investigate conditions which appear to be changed conditions. If the Engineer determines that conditions are changed conditions and they will materially affect performance time, the Contractor, upon submitting a written request, will be granted an extension of time subject to the provisions of 6-6. If the Engineer determines that the conditions do not justify an adjustment in compensation, the Contractor will be notified in writing. This notice will also advise the Contractor of its obligation to notify the Engineer in writing if the Contractor disagrees. The Contractor's failure to give notice of changed conditions promptly upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the Engineer, including failure or refusal to issue a change order, or for the happening of any event, thing, occurrence, or other cause, unless the Contractor shall have first given the Engineer due written notice of potential claim as hereinafter specified. Compliance with this section shall not be required as a prerequisite to notice provisions in Section 6-7.3 Contract Time Accounting, nor to any claim that is based on differences in measurement or errors of computation as to contract quantities. The written notice of potential claim for changed conditions shall be submitted by the Contractor to the Engineer upon their discovery and prior to the time that the Contractor performs the work giving rise to the potential claim. The Contractor's failure to give written notice of potential claim for changed conditions to the agency upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall provide the City with a written document containing a description of the particular circumstances giving rise to the potential claim, the reasons for which the Contractor believes additional compensation may be due and nature of any and all costs involved within 20 working days of the date of service of the written notice of potential claim for changed conditions. Verbal notifications are disallowed. The potential claim shall include the following certification relative to the California False Claims Act, Government Code Sections 12650-12655. "The undersigned certifies that the above statements are made in full cognizance of the California False Claims Act, Government Code Sections 12650-12655. The undersigned further understands and agrees that this potential claim, unless resolved, must be restated as a claim in response to the City's proposed final estimate in order for it to be further considered." By: Title: Date: Company Name: The Contractor's estimate of costs may be updated when actual costs are known. The Contractor shall submit substantiation of its actual costs to the Engineer within 20 working days after the affected work is completed. Failure to do so shall be sufficient cause for denial of any claim subsequently filed on the basis of said notice of potential claim. Revised 03/25/09 Contract No. 6020 Page 68 of 116 It is the intention of this section that differences between the parties arising under and by virtue of the contract be brought to the attention of the Engineer at the earliest possible time in order that such matters be settled, if possible, or other appropriate action promptly taken. 3-5 DISPUTED WORK. The Contractor shall give the agency written notice of potential claim prior to commencing any disputed work. Failure to give said notice shall constitute a waiver of all claims in connection therewith. If the contractor and the agency are unable to reach agreement on disputed work, the Agency may direct the contractor to proceed with the work. Prior to proceeding with dispute resolution pursuant to Public Contract Code provisions specified hereinafter, the contractor shall attempt to resolve all disputes informally through the following dispute resolution chain of command: 1. Project Inspector 2. Construction Manager 3. Deputy City Engineer, Construction Management & Inspection 4. City Engineer 5. City Manager The Contractor shall submit a complete report within 20 working days after completion of the disputed work stating its position on the claim, the contractual basis for the claim, along with all documentation supporting the costs and all other evidentiary materials. At each level of claim or appeal of claim the City will, within 10 working days of receipt of said claim or appeal of claim, review the Contractor's report and respond with a position, request additional information or request that the Contractor meet and present its report. When additional information or a meeting is requested the City will provide its position within 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 resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2. (b)(1) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that "public work" does not include any work or improvement contracted for by the state or the Regents of the University of California. (2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency. (c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications for any work which may give rise to a claim under this article. (d) This article applies only to contracts entered into on or after January 1,1991. Revised 03/25/09 Contract No. 6020 Page 69 of 116 20104.2. For any claim subject to this article, the following requirements apply: (a) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. (b)(1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. (c)(1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. (d) If the claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency's response or within 15 days of the local agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. (f) This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. 20104.4. The following procedures are established for all civil actions filed to resolve claims subject to this article: (a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator. (b)(1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Revised 03/25/09 Contract No. 6020 Page 70 of 116 Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure) shall apply to any proceeding brought under the subdivision consistent with the rules pertaining to judicial arbitration. (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds. (3) In addition to Chapter 2.5 (commencing with Section 1141.10) Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo. (c) The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process. 20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed except as otherwise provided in the contract. (b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law. Although not to be construed as proceeding under extra work provisions, the Contractor shall keep and furnish records of disputed work in accordance with Section 3-3. Revised 03/25/09 Contract No. 6020 Page 71 of 116 SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP. 4-1.1. General. All materials, parts, and equipment furnished by the Contractor in the Work shall be new, high grade, and free from defects. Quality of work shall be in accordance with the generally accepted standards. Material and work quality shall be subject to the Engineer's approval. Materials and work quality not conforming to the requirements of the Specifications shall be considered defective and will be subject to rejection. Defective work or material, whether in place or not, shall be removed immediately from the site by the Contractor, at its expense, when so directed by the Engineer. If the Contractor fails to replace any defective or damaged work or material after reasonable notice, the Engineer may cause such work or materials to be replaced. The replacement expense will be deducted from the amount to be paid to the Contractor. Used or secondhand materials, parts, and equipment may be used only if permitted by the Specifications. 4-1.2 Protection of Work and Materials. The Contractor shall provide and maintain storage facilities and employ such measures as will preserve the specified quality and fitness of materials to be used in the Work. Stored materials shall be reasonably accessible for inspection. The Contractor shall also adequately protect new and existing work and all items of equipment for the duration of the Contract. The Contractor shall not, without the Agency's consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be necessary for the completion of the Contract. 4-1.3 Inspection Requirements. 4-1.3.1 General. Unless otherwise specified, inspection is required at the source for such typical materials and fabricated items as bituminous paving mixtures, structural concrete, metal fabrication, metal casting, welding, concrete pipe manufacture, protective coating application, and similar shop or plant operations. Steel pipe in sizes less than 18 inches and vitrified clay and cast iron pipe in all sizes are acceptable upon certification as to compliance with the Specifications, subject to sampling and testing by the Agency. Standard items of equipment such as electric motors, conveyors, elevators, plumbing fixtures, etc., are subject to inspection at the job site only. Special items of equipment such as designed electrical panel boards, large pumps, sewage plant equipment, etc., are subject to inspection at the source, normally only for performance testing. The Specifications may require inspection at the source for other items not typical of those listed in this section. The Contractor shall provide the Engineer free and safe access to any and all parts of work at any time. Such free and safe access shall include means of safe access and egress, ventilation, lighting, shoring, dewatering and all elements pertaining to the safety of persons as contained in the State of California, California Code of Regulations, Title 8, Industrial Relations, Chapter 4, 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. Revised 03/25/09 Contract No. 6020 Page 72 of 1 16 Inspection or testing of the whole or any portion of the work or materials incorporated in the work shall not relieve Contractor from any obligation to fulfill this Contract. 4-1.3.2 Inspection of Materials Not Locally Produced. When the Contractor intends to purchase materials, fabricated products, or equipment from sources located more than 50 miles outside the geographical limits of the Agency, an inspector or accredited testing laboratory (approved by the Engineer), shall be engaged by the Contractor at its expense, to inspect the materials, equipment or process. This approval shall be obtained before producing any material or equipment. The inspector or representative of the testing laboratory shall judge the materials by the requirements of the Plans and Specifications. The Contractor shall forward reports required by the Engineer. No material or equipment shall be shipped nor shall any processing, fabrication or treatment of such materials be done without proper inspection by the approved agent. Approval by said agent shall not relieve the Contractor of responsibility for complying with the Contract requirements. 4-1.3.3 Inspection by the Agency. The Agency will provide all inspection and testing laboratory services within 50 miles of the geographical limits of the Agency. For private contracts, all costs of inspection at the source, including salaries and mileage costs, shall be paid by the permittee. 4-1.4 Test of Material. Before incorporation in the Work, the Contractor shall submit samples of materials, as the Engineer may require, at no cost to the Agency. The Contractor, at its expense, shall deliver the materials for testing to the place and at the time designated by the Engineer. Unless otherwise provided, all initial testing will be performed under the direction of the Engineer, and at no expense to the Contractor. If the Contractor is to provide and pay for testing, it will be stated in the Specifications. For private contracts, the testing expense shall be borne by the permittee. The Contractor shall notify the Engineer in writing, at least 15 days in advance, of its intention to use materials for which tests are specified, to allow sufficient time to perform the tests. The notice shall name the proposed supplier and source of material. If the notice of intent to use is sent before the materials are available for testing or inspection, or is sent so far in advance that the materials on hand at the time will not last but will be replaced by a new lot prior to use on the Work, it will be the Contractor's responsibility to renotify the Engineer when samples which are representative may be obtained. Except as specified in these Provisions, the Agency will bear the cost of testing of locally produced materials and/or on-site workmanship where the results of such tests meet or exceed the requirements indicated in the Standard Specifications, Technical Specification, and any Supplemental Provisions. The cost of all other tests shall be borne by the Contractor. At the option of the Engineer, the source of supply of each of the materials shall be approved by the Engineer before the delivery is started. All materials proposed for use may be inspected or tested at any time during their preparation and use. If, after incorporating such materials into the Work, it is found that sources of supply that have been approved do not furnish a uniform product, or if the product from any source proves unacceptable at any time, the Contractor shall furnish approved material from other approved sources. If any product proves unacceptable after improper storage, handling or for any other reason it shall be rejected, not incorporated into the work and shall be removed from the project site all at the Contractor's expense. Compaction tests may be made by the Engineer and all costs for tests that meet or exceed the requirements of the specifications shall be borne by the Agency. Said tests may be made at any place along the work as deemed necessary by the Engineer. The costs of any retests made necessary by noncompliance with the specifications shall be borne by the Contractor. Revised 03/25/09 Contract No. 6020 Page 73 of 116 4-1.5 Certification. The Engineer may waive materials testing requirements of the Specifications and accept the manufacturer's written certification that the materials to be supplied meet those requirements. Material test data may be required as part of the certification. 4-1.6 Trade Names or Equals. The Contractor may supply any of the materials specified or offer an equivalent. The Engineer shall determine whether the material offered is equivalent to that specified. Adequate time shall be allowed for the Engineer to make this determination. Whenever any particular material, process, or equipment is indicated by patent, proprietary or brand name, or by name of manufacturer, such wording is used for the purpose of facilitating its description and shall be deemed to be followed by the words or equal. A listing of materials is not intended to be comprehensive, or in order of preference. The Contractor may offer any material, process, or equipment considered to be equivalent to that indicated. The substantiation of offers shall be submitted as provided in the contract documents. The Contractor shall, at its expense, furnish data concerning items offered by it as equivalent to those specified. The Contractor shall have the material tested as required by the Engineer to determine that the quality, strength, physical, chemical, or other characteristics, including durability, finish, efficiency, dimensions, service, and suitability are such that the item will fulfill its intended function. Test methods shall be subject to the approval of the Engineer. Test results shall be reported promptly to the Engineer, who will evaluate the results and determine if the substitute item is equivalent. The Engineer's findings shall be final. Installation and use of a substitute item shall not be made until approved by the Engineer. If a substitute offered by the Contractor is not found to be equal to the specified material, the Contractor shall furnish and install the specified material. The specified Contract completion time shall not be affected by any circumstance developing from the provisions of this section. The Contractor is responsible for the satisfactory performance of substituted items. If, in the sole opinion of the Engineer, the substitution is determined to be unsatisfactory in performance, appearance, durability, compatibility with associated items, availability of repair parts and suitability of application the Contractor shall remove the substituted item and replace it with the originally specified item at no cost to the Agency. 4-1.7 Weighing and Metering Equipment. All scales and metering equipment used for proportioning materials shall be inspected for accuracy and certified within the past 12 months by the State of California Bureau of Weights and Measures, by the County Director or Sealer of Weights and Measures, or by a scale mechanic registered with or licensed by the County. The accuracy of the work of a scale service agency, except as stated herein, shall meet the standards of the California Business and Professions Code and the California Code of Regulations pertaining to weighing devices. A certificate of compliance shall be presented, prior to operation, to the Engineer for approval and shall be renewed whenever required by the Engineer at no cost to the Agency. All scales shall be arranged so they may be read easily from the operator's platform or area. They shall indicate the true net weight without the application of any factor. The figures of the scales shall be clearly legible. Scales shall be accurate to within 1 percent when tested with the plant shut down. Weighing equipment shall be so insulated against vibration or moving of other operating equipment Revised 03/25/09 Contract No. 6020 Page 74 of 116 in the plant area that the error in weighing with the entire plant running will not exceed 2 percent for any setting nor 1.5 percent for any batch. 4-1.8 Calibration of Testing Equipment. Testing equipment, such as, but not limited to pressure gages, metering devices, hydraulic systems, force (load) measuring instruments, and strain- measuring devices shall be calibrated by a testing agency acceptable to the Engineer at intervals not to exceed 12 months and following repairs, modification, or relocation of the equipment. Calibration certificates shall be provided when requested by the Engineer. 4-1.9 Construction Materials Dispute Resolution (Soils, Rock Materials, Concrete, Mortar and Related Materials, Masonry Materials, Bituminous Materials, Rock Products, and Modified Asphalts). In the interest of safety and public value, whenever credible evidence arises to contradict the test values of materials, the Agency and the Contractor will initiate an immediate and cooperative investigation. Test values of materials are results of the materials' tests, as defined by these Specifications or by the special provisions, required to accept the Work. Credible evidence is process observations or test values gathered using industry accepted practices. A contradiction exists whenever test values or process observations of the same or similar materials are diverse enough such that the work acceptance or performance becomes suspect. The investigation shall allow access to all test results, procedures, and facilities relevant to the disputed work and consider all available information and, when necessary, gather new and additional information in an attempt to determine the validity, the cause, and if necessary, the remedy to the contradiction. If the cooperative investigation reaches any resolution mechanism acceptable to both the Agency and the Contractor, the contradiction shall be considered resolved and the cooperative investigation concluded. Whenever the cooperative investigation is unable to reach resolution, the investigation may then either conclude without resolution or continue by written notification of one party to the other requesting the implementation of a resolution process by committee. The continuance of the investigation shall be contingent upon recipient's agreement and acknowledged in writing within 3 calendar days after receiving a request. Without acknowledgement, the investigation shall conclude without resolution. The committee shall consist of three State of California Registered Civil Engineers. Within 7 calendar days after the written request notification, the Agency and the Contractor will each select one engineer. Within 14 calendar days of the written request notification, the two selected engineers will select a third engineer. The goal in selection of the third member is to complement the professional experience of the first two engineers. Should the two engineers fail to select the third engineer, the Agency and the Contractor shall each propose 2 engineers to be the third member within 21 calendar days after the written request notification. The first two engineers previously selected shall then select one of the four proposed engineers in a blind draw. The committee shall be a continuance of the cooperative investigation and will re-consider all available information and if necessary gather new and additional information to determine the validity, the cause, and if necessary, the remedy to the contradiction. The committee will focus upon the performance adequacy of the material(s) using standard engineering principles and practices and to ensure public value, the committee may provide engineering recommendations as necessary. Unless otherwise agreed, the committee will have 30 calendar days from its formation to complete their review and submit their findings. The final resolution of the committee shall be by majority opinion, in writing, stamped and signed. Should the final resolution not be unanimous, the dissenter may attach a written, stamped, and signed minority opinion. Once started, the resolution process by committee shall continue to full conclusion unless: 1. Within 7 days of the formation of the committee, the Agency and the Contractor reach an acceptable resolution mechanism; or 2. Within 14 days of the formation of the committee, the initiating party withdraws its written notification and agrees to bear all investigative related costs thus far incurred; or Jfr Revised 03/25/09 Contract No. 6020 Page 75 of 116 3. At any point by the mutual agreement of the Agency and the Contractor. Unless otherwise agreed, the Contractor shall bear and maintain a record for all the investigative costs until resolution. Should the investigation discover assignable causes for the contradiction, the assignable party, the Agency or the Contractor, shall bear all costs associated with the investigation. Should assignable causes for the contradiction extended to both parties, the investigation will assign costs cooperatively with each party or when necessary, equally. Should the investigation substantiate a contradiction without assignable cause, the 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 Section 6-7.2, and shall be accompanied by bills of lading that shall clearly state for each delivery: the name of the Contractor as consignee, the project name and number, address of delivery and name of consignor and a description of the material(s) shipped. Prior to storage of any materials which have been shipped to or by the Contractor to any location within the Agency's boundaries the Contractor shall provide the Engineer a copy of lease agreements for each property where such materials are stored. The lease agreement shall clearly state the term of the lease, the description of materials allowed to be stored and shall provide for the removal of the materials and restoration of the storage site within the time allowed for the Work. All such storage shall conform to all laws and ordinances that may pertain to the materials stored and to preparation of the storage site and the location of the site on which the materials are stored. Loss, damage or deterioration of all stored materials shall be the Contractor's responsibility. Conformance to the requirements of this section, both within and outside the limits of work are a part of the Work. The Engineer shall have the right to verify the suitability of materials and their proper storage at any time during the Work. Revised 03/25/09 Contract No. 6020 Page 76 of 116 SECTION 5 - UTILITIES 5-1 LOCATION. The Agency and affected utility companies have, by a search of known records, endeavored to locate and indicate on the Plans, all utilities which exist within the limits of the work. However, the accuracy and/or completeness of the nature, size and/or location of utilities indicated on the Plans is not guaranteed. Where underground main distribution conduits such as water, gas, sewer, electric power, telephone, or cable television are shown on the Plans, the Contractor shall assume that every property parcel will be served by a service connection for each type of utility. As provided in Section 4216 of the California Government Code, at least 2 working days prior to commencing any excavation, the Contractor shall contact the regional notification center (Underground Service Alert of Southern California) and obtain an inquiry identification number. The California Department of Transportation is not required by Section 4216 to become a member of the regional notification center. The Contractor shall contact it for location of its subsurface installations. The Contractor shall determine the location and depth of all utilities, including service connections, which have been marked by the respective owners and which may affect or be affected by its operations. If no pay item is provided in the Contract for this work, full compensation for such work shall be considered as included in the prices bid for other items of work. 5-2 PROTECTION. The Contractor shall not interrupt the service function or disturb the support of any utility without authority from the owner or order from the Agency. All valves, switches, vaults, and meters shall be maintained readily accessible for emergency shutoff. Where protection is required to ensure support of utilities located as shown on the Plans or in accordance with Section 5-1, the Contractor shall, unless otherwise provided, furnish and place the necessary protection at its expense. Upon learning of the existence and location of any utility omitted from or shown incorrectly on the Plans, the Contractor shall immediately notify the Engineer in writing. When authorized by the Engineer, support or protection of the utility will be paid for as provided in Section 3-2.2.3 or 3-3. The Contractor shall immediately notify the Engineer and the utility owner if any utility is disturbed or damaged. The Contractor shall bear the costs of repair or replacement of any utility damaged if located as noted in Section 5-1. When placing concrete around or contiguous to any non-metallic utility installation, the Contractor shall at its expense: 1. Furnish and install a 2 inch cushion of expansion joint material or other similar resilient material; or 2. Provide a sleeve or other opening which will result in a 2 inch minimum-clear annular space between the concrete and the utility; or 3. Provide other acceptable means to prevent embedment in or bonding to the concrete. 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 Revised 03/25/09 Contract No. 6020 Page 77 of 116 protection system is exposed or damaged by the Contractor's operations, the Contractor shall notify the Engineer and arrange to secure the advice of the affected utility owner regarding the procedures required to maintain or restore the integrity of the system. 5-3 REMOVAL. Unless otherwise specified, the Contractor shall remove all interfering portions of utilities shown on the Plans or indicated in the Bid documents as "abandoned" or "to be abandoned in place". Before starting removal operations, the Contractor shall ascertain from the Agency whether the abandonment is complete, and the costs involved in the removal and disposal shall be included in the Bid for the items of work necessitating such removals. 5-4 RELOCATION. When feasible, the owners responsible for utilities within the area affected by the Work will complete their necessary installations, relocations, repairs, or replacements before commencement of work by the Contractor. When the Plans or Specifications indicate that a utility installation is to be relocated, altered, or constructed by others, the Agency will conduct all negotiations with the owners and work will be done at no cost to the Contractor, except for manhole frame and cover sets to be brought to grade as provided in the Standard Specifications for Public Works Construction, Section 301-1.6, 2006 Edition. Utilities which are relocated in order to avoid interference shall be protected in their position and the cost of such protection shall be included in the Bid for the items of work necessitating such relocation. After award of the Contract, portions of utilities which are found to interfere with the Work will be relocated, altered or reconstructed by the owners, or the Engineer may order changes in the Work to avoid interference. Such changes will be paid for in accordance with Section 3-2. When the Plans or Specifications provide for the Contractor to alter, relocate, or reconstruct a utility, all costs for such work shall be included in the Bid for the items of work necessitating such work. Temporary or permanent relocation or alteration of utilities requested by the Contractor for its convenience shall be its responsibility and it shall make all arrangements and bear all costs. The utility owner will relocate service connections as necessary within the limits of the Work or within temporary construction or slope easements. When directed by the Engineer, the Contractor shall arrange for the relocation of service connections as necessary between the meter and property line, or between a meter and the limits of temporary construction or slope easements. The relocation of such service connections will be paid for in accordance with provisions of Section 3-3. Payment will include the restoration of all existing improvements which may be affected thereby. The Contractor may agree with the owner of any utility to disconnect and reconnect interfering service connections. The Agency will not be involved in any such agreement. In conformance with Section 5-6 the Contractor shall coordinate the work with utility agencies and companies. Prior to the installation of any and all utility structures within the limits of work by any utility agency or company, or its contractor, the Contractor shall place all curb or curb and gutter that is a part of the work and adjacent to the location where such utility structures are shown on the plans and are noted as being located, relocated or are otherwise shown as installed by others. In order to minimize delays to the Contractor caused by the failure of other parties to relocate utilities that interfere with the construction, the Contractor, upon the Engineer's approval, may be permitted to temporarily omit the portion of work affected by the utility. If such temporary omission is approved by the Engineer the Contractor shall place survey or other physical control markers sufficient to locate the curb or curb and gutter to the satisfaction of the utility agency or company. Such temporary omission shall be for the Contractor's convenience and no additional compensation will be allowed therefore or for additional work, materials or delay associated with the temporary omission. The portion thus omitted shall be constructed by the Contractor immediately following the relocation of the utility involved unless otherwise directed by the Engineer. •^ Revised 03/25/09 Contract No. 6020 Page 78 of 116 5-5 DELAYS. The Contractor shall notify the Engineer of its construction schedule insofar as it affects the protection, removal, or relocation of utilities. Said notification shall be included as a part of the construction schedule required in Section 6-1. The Contractor shall notify the Engineer in writing of any subsequent changes in the construction schedule which will affect the time available for protection, removal, or relocation of utilities. The Contractor will not be entitled to damages or additional payment for delays attributable to utility relocations or alterations if correctly located, noted, and completed in accordance with Section 5-1. The Contractor may be given an extension of time for unforeseen delays attributable to unreasonably protracted interference by utilities in performing work correctly shown on the Plans. The Agency will assume responsibility for the timely removal, relocation, or protection of existing main or trunkline utility facilities within the area affected by the Work if such utilities are not identified in the Contract Documents. The Contractor will not be assessed liquidated damages for any delay caused by failure of Agency to provide for the timely removal, relocation, or protection of such existing facilities. If the Contractor sustains loss due to delays attributable to interferences, relocations, or alterations not covered by Section 5-1, which could not have been avoided by the judicious handling of forces, equipment, or plant, there shall be paid to the Contractor such amount as the Engineer may find to be fair and reasonable compensation for such part of the Contractor's actual loss as was unavoidable and the Contractor may be granted an extension of time. 5-6 COOPERATION. When necessary, the Contractor shall so conduct its operations as to permit access to the Work site and provide time for utility work to be accomplished during the progress of the Work. Revised 03/25/09 Contract No. 6020 Page 79 of 116 SECTION 6 - PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Except as otherwise provided herein and unless otherwise prohibited by permits from other agencies as may be required by law the Contractor shall begin work within 45 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. 6-1.1.1 Baseline Construction Schedule Submittal. The Contractor shall submit the Baseline Construction Schedule per the submittal requirements of Section 2-5.3. The submittal of the Baseline Construction Schedule shall include each item and element of Sections 6-1 .2 through 6- 1.2.9 and shall be on hard (paper) copy and electronic media conforming to Section 6-1.3.3 Electronic Media. 6-1.2 Preparation and Review of the Baseline Construction Schedule. The Contractor shall prepare the Baseline Construction Schedule as a Critical Path Method (CPM) Schedule in the precedence diagram method (activity-on-node) format. The Baseline Construction Schedule shall depict a workable plan showing the sequence, duration, and interdependence of all activities required to represent the complete performance of all project work as well as periods where work is precluded. The Baseline Construction Schedule shall begin with the projected date of issuance of the notice to proceed and conclude with the date of final completion per the contract duration. The Baseline Construction Schedule shall include detail of all project phasing, staging, and sequencing, including all milestones necessary to define beginning and ending of each phase or stage. 6-1.2.1 Time-Scaled Network Diagram. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a complete time-scaled network diagram showing all of the activities, logic relationships, and milestones comprising the schedule. 6-1.2.2 Tabular Listing. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a tabular listing of all of the activities, showing for each activity the identification number, the description, the duration, the early start, the early finish, the late start, the late finish, the total float, and all predecessor and successor activities for the activity described. 6-1.2.3 Bar Chart. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a chart showing individual tasks and their durations arranged with the tasks on the vertical axis and duration on the horizontal axis. The bar chart shall use differing texture patterns or distinctive line types to show the critical path. 6-1.2.4 Schedule Software. 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. The Baseline Construction Schedule shall include between 100 and 500 activities, including submittals, interfaces between utility companies and other agencies, project milestones and Revised 03/25/09 Contract No. 6020 Page 80 of 1 16 equipment and material deliveries. The number of activities will be sufficient, in the judgment of the Engineer, to communicate the Contractor's plan for project execution, to accurately describe the project work, and to allow monitoring and evaluation of progress and of time impacts. Each activity's description shall accurately define the work planned for the activity and each activity shall have recognizable beginning and end points. 6-1.2.6 Float Float or slack time within the schedule is available without charge or compensation to whatever party or contingency first exhausts it. 6-1.2.7 Restraints to Activities. Any submittals, utility interfaces, or any furnishing of Agency supplied materials, equipment, or services, which may impact any activity's construction shall be shown as a restraint to those activities. Time periods to accommodate the review and correction of submittals shall be included in the schedule. 6-1.2.8 Late Completion. A Baseline Construction Schedule showing a project duration longer than the specified contract duration will not be acceptable and will be grounds for determination of default by Contractor, per Section 6-4. 6-1.2.9 Early Completion. The Baseline Construction Schedule will show the Contractor's plan to support and maintain the project for the entire contractual time span of the project. Should the Contractor propose a project duration shorter than contract duration, a complete Baseline Construction Schedule must be submitted, reflecting the shorter duration, in complete accordance with all schedule requirements of Section 6-1 . The Engineer may choose to accept the Contractor's proposal of a project duration shorter than the duration specified; provided the Agency is satisfied the shortened Baseline Construction Schedule is reasonable and the Agency and all other entities, public and private, which interface with the project are able to support the provisions of the shortened Baseline Construction Schedule. The Agency's acceptance of a shortened duration project will be confirmed through the execution of a contract change order revising the project duration and implementing all contractual requirements including liquidated damages in accordance with the revised duration. 6-1.2.10 Engineer's Review. The Construction Schedule is subject to the review of the Engineer. The Engineer's determination that the Baseline Construction Schedule proposed by the Contractor complies with the requirements of these supplemental provisions shall be a condition precedent to issuance of the Notice to Proceed by the Engineer. If the Engineer determines that the Construction Schedule does not meet the requirements of these specifications the Contractor shall correct the Construction Schedule to meet these specifications and resubmit it to the Engineer. Failure of the Contractor to obtain the Engineer's determination that the initial Construction Schedule proposed by the Contractor complies with the requirements of these supplemental provisions within thirty (30) working days after the date of the preconstruction meeting shall be grounds for termination of the contract per Section 6-4. Days used by the Engineer to review the initial Construction Schedule will not be included in the 30 working days. The Engineer will review and return to the Contractor, with any comments, the Baseline Construction Schedule within 15 working days of submittal. The Baseline Construction Schedule will be returned marked as per Sections 6-1.2.10.1 through 6-1.2.10.3. 6-1.2.10.1 "Accepted." The Contractor may proceed with the project work upon issuance of the Notice to Proceed, and will receive payment for the schedule in accordance with Section 6-1 .8.1 . 6-1.2.10.2 "Accepted with Comments." The Contractor may proceed with the project work upon issuance of the Notice to Proceed. The Contractor must resubmit the schedule incorporating the comments prior to receipt of payment per Section 6-1 .8.1 . Revised 03/25/09 Contract No. 6020 Page 81 of 1 1 6 6-1.2.10.3 "Not Accepted." The Contractor must resubmit the schedule incorporating the corrections and changes of the comments prior to receipt of payment per Section 6-1.8.1. The Notice to Proceed will not be issued by the Engineer if the changes of the comments are not submitted as required hereinbefore and marked "Accepted" or "Accepted with Comments" by the Engineer. The Contractor, at the sole option of the Engineer, may be considered as having defaulted the contract under the provisions of Section 6-4 DEFAULT BY CONTRACTOR if the changes of the comments are not submitted as required hereinbefore and marked "Accepted" by the Engineer. 6-1.3 Preparation of Schedule Updates and Revisions. The Contractor shall meet with the Engineer during the last week of each month to agree upon each activity's schedule status and shall submit monthly updates of the Baseline Construction Schedule confirming the agreements no later than the fifth working day of the following month. The monthly update will be submitted on hard (paper) copy and electronic media conforming to Section 6-1.3.3 Electronic Media per the submittal requirements of Section 2-5.3 and will include each item and element of Sections 6-1.2 through 6- 1.2.9 and 6-1.3.1 through 6-1.3.7. 6-1.3.1 Actual Activity Dates. The actual dates each activity was started and/or completed during the month. After first reporting an actual date, the Contractor shall not change that actual date in later updates without specific notification to the Engineer with the update. 6-1.3.2 Activity Percent Complete. For each activity underway at the end of the month, the Contractor shall report the percentage determined by the Engineer as complete for the activity. 6-1.3.3 Electronic Media. 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 resubmittal the Engineer will review and return the resubmitted Updated Construction Schedule to the Contractor, with any comments, within 5 working days. Failure of the Contractor to submit a monthly updated construction schedule will invoke the same consequences as the Engineer returning a monthly updated construction schedule marked "Not Accepted". 6-1.4.1 "Accepted." The Contractor may proceed with the project work, and will receive payment for the schedule in accordance with Section 6-1.8.2. 6-1.4.2 "Accepted with Comments." The Contractor may proceed with the project work. The Contractor must resubmit the Updated Construction Schedule to the Engineer incorporating the Revised 03/25/09 Contract No. 6020 Page 82 of 116 corrections and changes noted in the Engineer's comments prior to receipt of payment per Section 6-1.8.2. 6-1.4.3 "Not Accepted." The Contractor must resubmit the Updated Construction Schedule to the Engineer incorporating the corrections and changes noted in the Engineer's comments prior to receipt of payment per Section 6-1.8.2. The Contractor, at the sole option of the Engineer, may be considered as having defaulted the contract under the provisions of Section 6-4 DEFAULT BY CONTRACTOR if the changes of the comments are not submitted and marked "Accepted" by the Engineer before the last day of the month in which the Updated Construction Schedule is due. If the Contractor fails to submit the corrected Updated Construction Schedule as required herein the Contractor may elect to proceed with the project at its own risk. Should the Contractor elect not to proceed with the project, any resulting delay, impact, or disruption to the project will be the Contractor's responsibility. 6-1.5 Late Completion or Milestone Dates. Should the Schedule Update indicate a completion or contractually required milestone date later than the properly adjusted contract or milestone duration, the Agency may withhold Liquidated Damages for the number of days late. Should a subsequent "Accepted" Schedule Update remove all or a portion of the delay, all or the allocated portion of the previously held Liquidated Damages shall be released in the monthly payment to the Contractor immediately following the "Accepted" schedule. 6-1.6 Interim Revisions. Should the actual or projected progress of the work become substantially different from that depicted in the Project Schedule, independently of and prior to the next monthly update, the Contractor will submit a revised Baseline Construction Schedule, with a list and explanation of each change made to the schedule. The Revised Construction Schedule will be submitted per the submittal requirements of Section 2-5.3 and per the schedule review and acceptance requirements of Section 6-1, including but not limited to the acceptance and payment provisions. As used in this section "substantially different" means a time variance greater than 5 percent of the number of days of duration for the project. 6-1.7 Final Schedule Update. The Contractor shall prepare and submit a final schedule update when one hundred percent of the construction work is completed. The Contractor's Final Schedule Update must accurately represent the actual dates for all activities. The final schedule update shall be prepared and reviewed per Sections 6-1.3 Preparation of Schedule Updates and Revisions and 6-1. 4 Engineer's Review of Updated Construction Schedule. Acceptance of the final schedule update is required for completion of the project and release of any and all funds retained per Section 9-3.2. 6-1.8 Measurement and Payment 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. Revised 03/25/09 Contract No. 6020 Page 83 of 116 As soon as possible under the provisions of the Specifications, the Contractor shall backfill all ..•*•"- excavations and restore to usefulness all improvements existing prior to the start of the Work. """""" If Work is suspended through no fault of the Agency, all expenses and losses incurred by the Contractor during such suspensions shall be borne by the Contractor. If the Contractor fails to properly provide for public safety, traffic, and protection of the Work during periods of suspension, the Agency may elect to do so, and deduct the cost thereof from monies due the Contractor. Such actions will not relieve the Contractor from liability. 6-2.1 Order of Work. The work to be done shall consist of furnishing all labor, equipment and materials, and performing all operations necessary to complete the Project Work as shown on the Project Plans and as specified in the Specifications. 6-2.3 Project Meetings. The Engineer will establish the time and location of Project Meetings. The Contractor's Representative shall attend each Project Meeting. The Project Representative shall be the individual determined under Section 7-6, "The Contractor's Representative". No separate payment for attendance of the Contractor, the Contractor's Representative or any other employee or subcontractor or subcontractor's employee at these meetings will be made. 6-3 SUSPENSION OF WORK. 6-3.1 General. The Work may be suspended in whole or in part when determined by the Engineer that the suspension is necessary in the interest of the Agency. The Contractor shall comply immediately with any written order of the Engineer. Such suspension shall be without liability to the Contractor on the part of the Agency except as otherwise specified in Section 6-6.3. 6-3.2 Archaeological and Paleontological Discoveries. If discovery is made of items of archaeological or paleontological interest, the Contractor shall immediately cease excavation in the area of discovery and shall not continue until ordered by the Engineer. When resumed, excavation operations within the area of discovery shall be as directed by the Engineer. Discoveries which may be encountered may include, but not be limited to, dwelling sites, stone implements or other artifacts, animal bones, human bones, and fossils. The Contractor shall be entitled to an extension of time and compensation in accordance with the provisions of Section 6-6. 6-4 DEFAULT BY CONTRACTOR. If the Contractor fails to begin delivery of material and equipment, to commence the Work within the time specified, to maintain the rate of delivery of material, to execute the Work in the manner and at such locations as specified, or fails to maintain the Work schedule which will insure the Agency's interest, or, if the Contractor is not carrying out the intent of the Contract, the Agency may serve written notice upon the Contractor and the Surety on its Faithful Performance Bond demanding satisfactory compliance with the Contract. The Contract may be canceled by the Board without liability for damage, when in the Board's opinion the Contractor is not complying in good faith, has become insolvent, or has assigned or subcontracted any part of the Work without the Board's consent. In the event of such cancellation, the Contractor will be paid the actual amount due based on Contract Unit Prices or lump sums bid and the quantity of the Work completed at the time of cancellation, less damages caused to the Agency by acts of the Contractor. The Contractor, in having tendered a Bid, shall be deemed to have *"** waived any and all claims for damages because of cancellation of Contract for any such reason. If %„,» the Agency declares the Contract canceled for any of the above reasons, written notice to that effect •^ Revised 03/25/09 Contract No. 6020 Page 84 of 116 shall be served upon the Surety. The Surety shall, within five (5) days, assume control and perform the Work as successor to the Contractor. If the Surety assumes any part of the Work, it shall take the Contractor's place in all respects for that part, and shall be paid by the Agency for all work performed by it in accordance with the Contract. If the Surety assumes the entire Contract, all money due the Contractor at the time of its default shall be payable to the Surety as the Work progresses, subject to the terms of the Contract. If the Surety does not assume control and perform the Work within 5 days after receiving notice of cancellation, or fails to continue to comply, the Agency may exclude the Surety from the premises. The Agency may then take possession of all material and equipment and complete the Work by Agency forces, by letting the unfinished Work to another Contractor, or by a combination of such methods. In any event, the cost of completing the Work shall be charged against the Contractor and its Surety and may be deducted from any money due or becoming due from the Agency. If the sums due under the Contract are insufficient for completion, the Contractor or Surety shall pay to the Agency within 5 days after the completion, all costs in excess of the sums due. The provisions of this section shall be in addition to all other rights and remedies available to the Agency under law. 6-5 TERMINATION OF CONTRACT. The Board may terminate the Contract at its own discretion or when conditions encountered during the Work make it impossible or impracticable to proceed, or when the Agency is prevented from proceeding with the Contract by act of God, by law, or by official action of a public authority. 6-6 DELAYS AND EXTENSIONS OF TIME. 6-6.1 General. If delays are caused by unforeseen events beyond the control of the Contractor, such delays will entitle the Contractor to an extension of time as provided herein, but the Contractor will not be entitled to damages or additional payment due to such delays, except as provided in 6-6.3. Such unforeseen events may include: war, government regulations, labor disputes, strikes, fires, floods, adverse weather or elements necessitating cessation of work, inability to obtain materials, labor or equipment, required extra work, or other specific events as may be further described in the Specifications. No extension of time will be granted for a delay caused by the Contractor's inability to obtain materials unless the Contractor furnishes to the Engineer documentary proof, the proof must be provided in a timely manner in accordance with the sequence of the Contractor's operations and the approved construction schedule. If delays beyond the Contractor's control are caused by events other than those mentioned above, the Engineer may deem an extension of time to be in the best interests of the Agency. The Contractor will not be entitled to damages or additional payment due to such delays, except as provided in Section 6-6.3. If delays beyond the Contractor's control are caused solely by action or inaction by the Agency, such delays will entitle the Contractor to an extension of time as provided in Section 6-6.2. 6-6.2 Extensions of Time. Extensions of time, when granted, will be based upon the effect of delays to the Work. They will not be granted for noncontrolling delays to minor portions of the Work unless it can be shown that such delays did or will delay the progress of the Work. Revised 03/25/09 Contract No. 6020 Page 85 of 116 6-6.3 Payment for Delays to Contractor. The Contractor will be compensated for damages incurred due to delays for which the Agency is responsible. Such actual costs will be determined by the Engineer. The Agency will not be liable for damages which the Contractor could have avoided by any reasonable means, such as judicious handling of forces, equipment, or plant. The determination of what damages the Contractor could have avoided will be made by the Engineer. 6-6.4 Written Notice and Report The Contractor shall provide written notice to the Engineer within two hours of the beginning of any period that the Contractor has placed any workers or equipment on standby for any reason that the Contractor has determined to be caused by the Agency or by any organization that the Agency may otherwise be obligated by. The Contractor shall provide continuing daily written notice to the Engineer, each working day, throughout the duration of such period of delay. The initial and continuing written notices shall include the classification of each workman and supervisor and the make and model of each piece of equipment placed on standby, the cumulative duration of the standby, the Contractor's opinion of the cause of the delay and a cogent explanation of why the Contractor could not avoid the delay by reasonable means. Should the Contractor fail to provide the notice(s) required by this section the Contractor agrees that no delay has occurred and that it will not submit any claim(s) therefore. 6-7 TIME OF COMPLETION. 6-7.1 General. The Contractor shall complete the Work within the time set forth in the Contract. The Contractor shall complete each portion of the Work within such time as set forth in the Contract for such portion. The Contractor shall diligently prosecute the work to completion within 70 working days after the starting date specified in the Notice to Proceed. 6-7.2 Working Day. A working day is any day within the period between the start of the Contract time as defined in Section 6-1 and the date provided for completion, or upon field acceptance by the Engineer for all work provided for in the Contract, whichever occurs first, other than: 1. Saturday, 2. Sunday, 3. any day designated as a holiday by the Agency, 4. any other day designated as a holiday in a Master Labor Agreement entered into by the Contractor or on behalf of the Contractor as an eligible member of a contractor association, 5. any day the Contractor is prevented from working at the beginning of the workday for cause as defined in Section 6-6.1, 6. any day the Contractor is prevented from working during the first 5 hours with at least 60 percent of the normal work force for cause as defined in Section 6-6.1. Unless otherwise approved in writing by the Engineer, the hours of work shall be between the hours of 7:00 a.m. and 4:00 p.m. on Mondays through Fridays, excluding Agency holidays. The Contractor shall obtain the written approval of the Engineer if the Contractor desires to work outside said hours or at any time during weekends and/or holidays. This written permission must be obtained at least 48 hours prior to such work The Engineer may approve work outside the hours and/or days stated herein when, in his/her sole opinion, such work conducted by the Contractor is beneficial to the best interests of the Agency. The Contractor shall pay the inspection costs of such work. The Contractor shall incorporate the dates, areas and types of work prohibited in this section in the Construction Schedule required by Section 6.1. No additional payment, adjustment of bid prices or adjustment of contract time of completion will be allowed as a consequence of the prohibition of work being performed within the dates, areas and/or types of work prohibited in this section. Revised 03/25/09 Contract No. 6020 Page 86 of 116 6-7.3 Contract Time Accounting. The Engineer will make a daily determination of each working day to be charged against the Contract time. These determinations will be discussed and the ^% Contractor will be furnished a periodic statement showing allowable number of working days of <*»•/ Contract time, as adjusted, at the beginning of the reporting period. The statement will also indicate the number of working days charged during the reporting period and the number of working days of Contract time remaining. If the Contractor does not agree with the statement, it shall file a written protest within 15 days after receipt, setting forth the facts of the protest. Otherwise, the statement will be deemed to have been accepted. 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY. The Work will be inspected by the Engineer for acceptance upon receipt of the Contractor's written assertion that the Work has been completed. The Engineer will not accept the Work or any portion of the Work before all of the Work is completed and all outstanding deficiencies that may exist are corrected by the Contractor and the Engineer is satisfied that all the materials and workmanship, and all other features of the Work, meet the requirements of all of the specifications for the Work. Use, temporary, interim or permanent, of all, or portions of, the Work does not constitute acceptance of the Work. If, in the Engineer's judgment, the Work has been completed and is ready for acceptance the Engineer will so certify to the Board. Upon such certification by the Engineer the Board may accept the completed Work. Upon the Board's acceptance of the Work the Engineer will cause a "Notice of Completion" to be filed in the office of the San Diego County Recorder. The date of recordation shall be the date of completion of the Work. All work shall be warranted for one (1) year after recordation of the "Notice of Completion" and any faulty work or materials discovered during the warranty period shall be repaired or replaced by the jtlHtl. Contractor, at its expense. Twenty-five percent of the faithful performance bond shall be retained as • a warranty bond for the one year warranty period. The Contractor shall replace or repair any such "*****' defective work in a manner satisfactory to the Engineer, after notice to do so from the Engineer, and within the time specified in the notice. If the Contractor fails to make such replacement or repairs within the time specified in the notice, the Agency may perform this work and the Contractor's sureties shall be liable for the cost thereof. 6-9 LIQUIDATED DAMAGES. Failure of the Contractor to complete the Work within the time allowed will result in damages being sustained by the Agency. For each consecutive calendar day in excess of the time specified for completion of Work, as adjusted in accordance with Section 6-6, the Contractor shall pay the Agency, or have withheld monies due it, the sum of Five Hundred Dollars ($500.00). 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 Five Hundred Dollars ($500.00) per day is the minimum value of costs and actual damages caused by the Contractor to complete the Work within the allotted time. Any progress payments made after the specified completion date shall not constitute a waiver of this paragraph or of any damages. 6-1 0 USE OF IMPROVEMENT DURING CONSTRUCTION. The Agency reserves the right to take over and utilize all or part of any completed facility or appurtenance. The Contractor will be notified in writing in advance of such action. Such action by the Agency will relieve the Contractor of responsibility for injury or damage to said completed portions of the improvement resulting from use by public traffic or from the action of the elements or from any other cause, except Contractor operations or negligence. The Contractor will not be required to reclean such portions of the ^^^ improvement before field acceptance, except for cleanup made necessary by its operations. Nothing '^ in this section shall be construed as relieving the Contractor from full responsibility for correcting 4<to*- defective work or materials. Revised 03/25/09 Contract No. 6020 Page 87 of 1 1 6 /-*•"-• In the event the Agency exercises its right to place into service and utilize all or part of any completed facility or appurtenance, the Agency will assume the responsibility and liability for injury to persons or property resulting from the utilization of the facility or appurtenance so placed into service, except for any such injury to persons or property caused by any willful or negligent act or omission by the Contractor, Subcontractor, their officers, employees, or agents. SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-1 CONTRACTOR'S EQUIPMENT AND FACILITIES. The Contractor shall furnish and maintain in good condition all equipment and facilities as required for the proper execution and inspection of the Work. Such equipment and facilities shall meet all requirements of applicable ordinances and laws. 7-2 LABOR. 7-2.1 General. Only competent workers shall be employed on the Work. Any person employed who is found to be incompetent, intemperate, troublesome, disorderly, or otherwise objectionable, or who fails or refuses to perform work properly and acceptably, shall be immediately removed from the Work by the Contractor and not be reemployed on the Work. 7-2.2 Laws. The Contractor, its agents, and employees shall be bound by and comply with applicable provisions of the Labor Code and Federal, State, and local laws related to labor. The Contractor shall strictly adhere to the provisions of the Labor Code regarding minimum wages; the 8-hour day and 40-hour week; overtime; Saturday, Sunday, and holiday work; and 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 section 10 of the Public Works Contract. The cost of this insurance shall be included in the Contractor's Bid. 7-4 WORKERS' COMPENSATION INSURANCE. Before execution of the Contract by the Board, the Contractor shall file with the Engineer the following signed certification: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." The Contractor shall also comply with Section 3800 of the Labor Code by securing, paying for, and maintaining in full force and effect for the duration of the contract, complete Workers' Compensation Insurance, and shall furnish a Certificate of Insurance to the Engineer before execution of the Contract. The Agency, its officers, or employees, will not be responsible for any claims in law or equity occasioned by failure of the Contractor to comply with this paragraph. All compensation insurance policies shall bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration or proposed cancellation of such policies for any Revised 03/25/09 Contract No. 6020 Page 88 of 1 1 6 reason whatsoever, the Agency shall be notified by registered mail not less than 30 days before expiration or cancellation is effective. All insurance is to be placed with insurers that are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. Policies issued by the State Compensation Fund meet the requirement for workers' compensation insurance. 7-5 PERMITS. Except as specified herein the Contractor will obtain, at no cost to the Contractor all City of Carlsbad encroachment, right-of-way, grading and building permits necessary to perform work for this contract on Agency property, streets, or other rights-of-way. Contractor shall not begin work until all permits incidental to the work are obtained. The Contractor shall obtain and pay for all permits for the disposal of all materials removed from the project. The cost of said permit(s) shall be included in the price bid for the appropriate bid item and no additional compensation will be allowed therefore. The Contractor shall obtain and pay for all costs incurred for permits necessitated by its operations such as, but not limited to, those permits required for night work, overload, blasting, and demolition. For private contracts, the Contractor shall obtain all permits incidental to the Work or made necessary by its operations, and pay all costs incurred by the permit requirements. The Contractor shall pay all business taxes or license fees that are required for the work. 7-6 THE CONTRACTOR'S REPRESENTATIVE. Before starting work, the Contractor shall designate in writing a representative who shall have complete authority to act for it. An alternative representative may be designated as well. The representative or alternate shall be present at the Work site whenever work is in progress or whenever actions of the elements necessitate its presence to take measures necessary to protect the Work, persons, or property. Any order or communication given to this representative shall be deemed delivered to the Contractor. A joint venture shall designate only one representative and alternate. In the absence of the Contractor or its representative, instructions or directions may be given by the Engineer to the superintendent or person in charge of the specific work to which the order applies. Such order shall be complied with promptly and referred to the Contractor or its representative. In order to communicate with the Agency, the Contractor's representative, superintendent, or person in charge of specific work shall be able to speak, read, and write the English language. 7-7 COOPERATION AND COLLATERAL WORK. The Contractor shall be responsible for ascertaining the nature and extent of any simultaneous, collateral, and essential work by others. The Agency, its workers and contractors and others, shall have the right to operate within or adjacent to the Work site during the performance of such work. The Agency, the Contractor, and each of such workers, contractors and others, shall coordinate their operations and cooperate to minimize interference. The Contractor shall include in its Bid all costs involved as a result of coordinating its work with others, the Contractor will not be entitled to additional compensation from the Agency for damages resulting from such simultaneous, collateral, and essential work. If necessary to avoid or minimize such damage or delay, the Contractor shall redeploy its work force to other parts of the Work. Should the Contractor be delayed by the Agency, and such delay could not have been reasonably foreseen or prevented by the Contractor, the Engineer will determine the extent of the delay, the effect on the project, and any extension of time. Revised 03/25/09 Contract No. 6020 Page 89 of 116 7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility companies during the relocation or construction of their lines. The Contractor may be granted a time extension if, in the opinion of the Engineer, a delay is caused by the utility company. No additional compensation will be made to the Contractor for any such delay. 7-8 PROJECT SITE MAINTENANCE. 7-8.1 Cleanup and Dust Control. Throughout all phases of construction, including suspension of work, and until the final acceptance, the Contractor shall keep the site clean and free from rubbish and debris. The Contractor shall also abate dust nuisance by cleaning, sweeping and sprinkling with water, or other means as necessary. The use of water resulting in mud on public streets will not be permitted as a substitute for sweeping or other methods. When required by the Plans or Specifications, the Contractor shall furnish and operate a self-loading motor sweeper with spray nozzles at least once each working day for the purpose of keeping paved areas acceptably clean wherever construction, including restoration, is incomplete. Materials and equipment shall be removed from the site as soon as they are no longer necessary. Before the final inspection, the site shall be cleared of equipment, unused materials, and rubbish so as to present a satisfactory clean and neat appearance. All cleanup costs shall be included in the Contractor's Bid. Care shall be taken to prevent spillage on haul routes. Any such spillage shall be removed immediately and the area cleaned. Excess excavation material from catch basins or similar structures shall be removed from the site immediately. Sufficient material may remain for use as backfill if permitted by the Specifications. Forms and form lumber shall be removed from the site as soon as practicable after stripping. Failure of the Contractor to comply with the Engineer's cleanup orders may result in an order to suspend work until the condition is corrected. No additional compensation will be allowed as a result of such suspension. Cleanup and dust control required herein shall also be executed on weekends and other non-working days when needed to preserve the health safety or welfare of the public. The Contractor shall conduct effective cleanup and dust control throughout the duration of the Contract. The Engineer may require increased levels of cleanup and dust control that, in his/her sole discretion, are necessary to preserve the health, safety and welfare of the public. Cleanup and dust control shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. 7-8.2 Air Pollution Control. The Contractor shall not discharge smoke, dust, or any other air contaminants into the atmosphere in such quantity as will violate the regulations of any legally constituted authority. 7-8.3 Vermin Control. At the time of acceptance, structures entirely constructed under the Contract shall be free of rodents, insects, vermin, and pests. Necessary extermination work shall be arranged and paid for by the Contractor as part of the Work within the Contract time, and shall be performed by a licensed exterminator in accordance with requirements of governing authorities. The Contractor shall be liable for injury to persons or property and responsible for the elimination of offensive odors resulting from extermination operations. Revised 03/25/09 Contract No. 6020 Page 90 of 116 7-8.4 Sanitation. The Contractor shall provide and maintain enclosed toilets for the use of employees engaged in the Work. These accommodations shall be maintained in a neat and sanitary condition. They shall also comply with all applicable laws, ordinances, and regulations pertaining to public health and sanitation of dwellings and camps. Wastewater shall not be interrupted. Should the Contractor disrupt existing sewer facilities, sewage shall be conveyed in closed conduits and disposed of in a sanitary sewer system. Sewage shall not be permitted to flow in trenches or be covered by backfill. 7-8.5 Temporary Light, Power, and Water. The Contractor shall furnish, install, maintain, and remove all temporary light, power, and water at its own expense. These include piping, wiring, lamps, and other equipment necessary for the Work. The Contractor shall not draw water from any fire hydrant (except to extinguish a fire), without obtaining permission from the water agency concerned. The Contractor shall obtain a construction meter for water used for the construction, plant establishment, maintenance, cleanup, testing and all other work requiring water related to this contract. The Contractor shall contact the appropriate water agency for requirements. The Contractor shall pay all costs of temporary light, power and water including hookup, service, meter and any, and all, other charges, deposits and/or fees therefore. Said costs shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. 7-8.6 Water Pollution Control. The Contractor shall exercise every reasonable precaution to protect channels, storm drains, and bodies of water from pollution. It shall conduct and schedule operations so as to minimize or avoid muddying and silting of said channels, drains, and waters. Water pollution control work shall consist of constructing those facilities which may be required to provide prevention, control, and abatement of water pollution. The Contractor shall comply with the California State Water Resources Control Board (SWRCB) Order Number 99-08-DWQ, National Pollutant Discharge Elimination System (NPDES) General Permit Number CAS000002, Waste Discharge Requirements (WDR's) for Discharges of Stormwater Runoff associated with Construction Activity (General Permit) and subsequent adopted modifications and with all requirements of the Storm Water Pollution Prevention and Monitoring Plans for this project in accordance with these regulations. The Notice of Intent (NOI) will 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, asphaltic concrete, or other acceptable material will be permitted when necessary. Such dams shall be removed from the site as soon as their use is no longer necessary. 7-8.8 Noise Control. All internal combustion engines used in the construction shall be equipped with mufflers in good repair when in use on the project with special attention to the City Noise Control Ordinance, Carlsbad Municipal Code Chapter 8.48. 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS. The Contractor shall be responsible for the protection of public and private property adjacent to the Work and shall exercise due caution to avoid damage to such property. The Contractor shall repair or replace all existing improvements within the right-of-way which are not designated for removal (e.g., curbs, sidewalks, driveways, fences, walls, signs, utility installations, pavement, structures, etc.) which are damaged or removed as a result of its operations. When a portion of a sprinkler system within the right-of-way must be removed, the remaining lines shall be Revised 03/25/09 Contract No. 6020 Page 91 of 116 capped. Repairs and replacements shall be at least equal to existing improvements and shall match them in finish and dimension. Maintenance of street and traffic signal systems that are damaged, temporarily removed or relocated shall be done in conformance with 307-1.5. Trees, lawns, and shrubbery that are not to be removed shall be protected from damage or injury. If damaged or removed due to Contractor's operations, they shall be restored or replaced in as nearly the original condition and location as is reasonably possible. Lawns shall be reseeded and covered with suitable mulch. The Contractor shall give reasonable notice to occupants or owners of adjacent property to permit them to salvage or relocate plants, trees, fences, sprinklers, and other improvements, within the right-of-way which are designated for removal and would be destroyed because of the Work. All costs to the Contractor for protecting, removing, and restoring existing improvements shall be included in the Bid. 7-10 PUBLIC CONVENIENCE AND SAFETY. 7-10.1 Traffic and Access. The Contractor's operations shall cause no unnecessary inconvenience. The access rights of the public shall be considered at all times. Unless otherwise authorized, traffic shall be permitted to pass through the Work, or an approved detour shall be provided. Safe and adequate pedestrian and vehicular access shall be provided and maintained to: fire hydrants; commercial and industrial establishments; churches, schools and parking lots; service stations and motels; hospitals; police and fire stations; and establishments of similar nature. Access to these facilities shall be continuous and unobstructed unless otherwise approved by the Engineer. Safe and adequate pedestrian zones and public transportation stops, as well as pedestrian crossings of the Work at intervals not exceeding 90 m (300 feet), shall be maintained unless otherwise approved by the Engineer. Vehicular access to residential driveways shall be maintained to the property line except when necessary construction precludes such access for reasonable periods of time. If backfill has been completed to the extent that safe access may be provided, and the street is opened to local traffic, the Contractor shall immediately clear the street and driveways and provide and maintain access. The Contractor shall cooperate with the various parties involved in the delivery of mail and the collection and removal of trash and garbage to maintain existing schedules for these services. Grading operations, roadway excavation and fill construction shall be conducted by the Contractor in a manner to provide a reasonably satisfactory surface for traffic. When rough grading is completed, the roadbed surface shall be brought to a smooth, even condition satisfactory for traffic. Unless otherwise authorized, work shall be performed in only one-half the roadway at one time. One half shall be kept open and unobstructed until the opposite side is ready for use. If one-half a street only is being improved, the other half shall be conditioned and maintained as a detour. The Contractor shall schedule the work so as to prevent damage by all traffic, including but not limited to mail delivery. The Contractor shall not schedule work so as to conflict with trash pickup. The trash hauling schedule can be obtained by calling the City's contracted waste disposal company, Coast Waste Management at 929-9417. During overlay operations, the Contractors schedule for overlay application shall be designated to provide residents and business owners whose streets are to be overlaid sufficient paved parking within an 800 foot distance from their homes or businesses. Revised 03/25/09 Contract No. 6020 Page 92 of 116 Seventy-two hours prior to the start of any construction in the public right-of-way that affects vehicular traffic and/or parking or pedestrian routes, the Contractor shall give written notification of the impending disruption. For a full street closure, all residences and/or businesses on the affected street or alley shall be notified. For partial street closures, or curb, sidewalk and driveway repairs, the residences and/or businesses directly affected by the work shall be notified. The notification shall be hand delivered and shall state the date and time the work will begin and its anticipated duration. The notification shall list two telephone numbers that may be called to obtain additional information. One number shall be the Contractor's permanent office or field office and the other number shall be a 24-hour number answered by someone who is knowledgeable about the project. At least one of the phone numbers shall be in the (760) area code. An answering machine shall not be connected to either number. The notification shall also give a brief description of the work and simple instructions to the home or business owner on what they need to do to facilitate the construction. The Contractor shall submit the contents of the notification to the Engineer for approval. Notices shall not be distributed until approved by the Engineer. For residences, the notification shall be pre-cut in a manner that enables it to be affixed to a doorknob without adhesives. It shall be a minimum size of 3-1/2 inches by 8-1/2 inches and shall be brightly colored with contrasting printing. The material shall be equivalent in strength and durability to 65 Ib. card stock. The printing on the notice shall be no smaller than 12 point. An example of such notice is provided in Appendix "A". In addition to the notifications, the contractor shall post no parking signs 72 hours in advance of the work being performed. The no parking signs shall state the date and time of parking restriction for a duration not to exceed the time necessary to complete the work at that location. Failure of the contractor to meet the posted date requires re-posting the no parking signs 72 hours in advance of the rescheduled work. If the work is delayed or rescheduled the no parking signs shall be removed and re-posted 72 hours in advance of the rescheduled work. The preparation, materials, printing and distribution of the notifications shall be included in the contract price bid for traffic control and the Contractor will not be entitled to any additional compensation for printing and distributing these notices. The contractor shall replace all street markings and striping damaged by construction activities. The Contractor shall include in its Bid all costs for the above requirements. 7-10.2 Storage of Equipment and Materials in Public Streets. Construction materials shall not be stored in streets, roads, or highways for more than 5 days after unloading. All materials or equipment not installed or used in construction within 5 days after unloading shall be stored elsewhere by the Contractor at its expense unless authorized additional storage time. Construction equipment shall not be stored at the Work site before its actual use on the Work nor for more than 5 days after it is no longer needed. Time necessary for repair or assembly of equipment may be authorized by the Engineer. Excavated material, except that which is to be used as backfill in the adjacent trench, shall not be stored in public streets unless otherwise permitted. After placing backfill, all excess material shall be removed immediately from the site. Revised 03/25/09 Contract No. 6020 Page 93 of 116 7-10.3 Street Closures, Detours, Barricades. The Contractor shall comply with all applicable State, County, and City requirements for closure of streets. The Contractor shall provide barriers, guards, lights, signs, temporary bridges, flagpersons, and watchpersons. The Contractor shall be responsible for compliance with additional public safety requirements which may arise. The Contractor shall furnish and install signs and warning devices and promptly remove them upon completion of the Work. After obtaining the Engineers approval and at least 5 working days before closing, detouring, partially closing or reopening any street, alley or other public thoroughfare the Contractor shall notify the following: 1) The Engineer (760) 602-2720 2) Carlsbad Fire Department Dispatch (760)931-2197 3) Carlsbad Police Department Dispatch (760) 931-2197 4) Carlsbad 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 posting conforming to current requirements covering "signs" as set forth in the Traffic Manual published by the California Department of Transportation. This manual shall also apply to the street closures, barricades, detours, lights, and other safety devices required. All costs involved shall be included in the Bid. Traffic controls shall be in accordance with the plans, The California Manual on Uniform Traffic Control Devices (FHWA MUTCD 2003 Revision 1, as amended for use in California) and these provisions. If any component in the traffic control system is damaged, displaced, or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair said component to its original condition or replace said component and shall restore the component to its original location. In the event that the Contractor fails to install and/or maintain barricades or such other traffic signs, markings, delineation or devices as may be required herein, the Engineer may, at his/her sole option, install the traffic signs, markings, delineation or devices and charge the Contractor twenty dollars ($25.00) per day per traffic sign or device, or the actual cost of providing such traffic control facility, whichever is the greater. 7-10.3.1 Construction Area Signs and Control Devices. All construction traffic signs and control devices shall be maintained throughout the duration of work in good order and according to the approved traffic control plan. All construction area signs shall conform to the provisions of Section 206-7.2 et seq. All temporary reflective pavement markers shall conform to the provisions of Section 214-5.1.et seq. All temporary reflective channelizers shall conform to the provisions of Section 214- 5.2 et seq. All paint for temporary traffic striping, pavement marking, and curb marking shall conform to the provisions of Section 210-1.6 et seq. except that all temporary paint shall be rapid dry water borne conforming to Section 210-1.6 for materials and Section 310-5 et seq. For workmanship. Warning and advisory signs, lights and devices installed or placed to provide traffic control, direction and/or warning shall be furnished, installed and maintained by the Contractor. Warning and advisory signs, lights and devices shall be promptly removed by the Contractor when no longer required. Revised 03/25/09 Contract No. 6020 Page 94 of 116 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 .^J such periods that their message does not pertain to existing conditions. Care shall be used in performing excavation for signs in order to protect underground facilities. All excavation required to install stationary construction area signs shall be performed by hand methods without the use of power equipment. Warning and advisory signs that are used only during working hours may be portable signs. Portable signs shall be removed from the traveled way and shielded from the view of the traveling public during non-working hours. During the hours of darkness, as defined in Division 1, Section 280, of the California Vehicle Code, portable signs shall be illuminated or, at the option of the Contractor, shall be in conformance with the provisions in Section 206-7.2 et seq. If illuminated traffic cones rather than post-type delineators are used during the hours of darkness, they shall be affixed or covered with reflective cone sleeves as specified in CALTRANS "Standard Specifications", except the sleeves shall be 7" long. Personal vehicles of the Contractor's employees shall not be parked within the traveled way, including any Section closed to public traffic. Whenever the Contractor's vehicles or equipment are parked on the shoulder within 6' of a traffic lane, the shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taper in advance of the parked vehicles or equipment and along the edge of the pavement at not less than 25' intervals to a point not less than 25' past the last vehicle or piece of equipment. A minimum of nine (9) cones or portable delineators shall be used for the taper. A W20-1 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted, as required herein, on a signpost or telescoping flag tree with flags. The signpost or flag tree shall be placed where directed by the Engineer. 7-10.3.2 Maintaining Traffic. The Contractor's personnel shall not work closer than (insert minimum acceptable lateral safety buffer distance, eg. 1.8 m (6')), nor operate equipment within 0.6 m (2') from any traffic lane occupied by traffic. 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. During the entire construction, a minimum of two (2) paved traffic lanes, not less than 12' wide, shall be open for use by public traffic in each direction of travel. 7-10.3.3 Traffic Control System for Lane Closure. A traffic control system consists of closing traffic lanes or pedestrian walkways in accordance with the details shown on the plans, California Manual on Uniform Traffic Control Devices (FHWA MUTCD 2003 Revision 1, as amended for use in California) and provisions under "Maintaining Traffic" elsewhere in these Provisions. The provisions in this section will not relieve the Contractor from its responsibility to provide such additional devices or take such measures as may be necessary to maintain public safety. When lanes are closed for only the duration of work periods, all components of the traffic control system, except portable delineators placed along open trenches or excavation adjacent to the traveled way, shall be removed from the traveled way and shoulder at the end work period. If the Contractor so elects, said components may be stored at selected central locations, approved by the Engineer, within the limits of the right-of-way. 7-10.3.4 Traffic Control for Permanent and Temporary Traffic Striping. During traffic stripe operations, traffic shall be controlled with lane closures, as provided for under 'Traffic Control System for Lane Closure" of these Supplemental Provisions or by use of an alternative traffic control plan --'•% proposed by the Contractor and approved by the Engineer. The Contractor shall not start traffic striping operations using an alternative plan until the Contractor has submitted its plan to the ****' Engineer and has received the Engineer's written approval of said plan. Revised 03/25/09 Contract No. 6020 Page 95 of 116 7-10.3.5 Temporary Pavement Delineation. Temporary pavement delineation shall be furnished, placed, maintained and removed in accordance with the minimum standards specified in the California Manual on Uniform Traffic Control Devices (FHWA MUTCD 2003 Revision 1, as amended for use in California published by CALTRANS. Whenever the work causes obliteration of pavement delineation, temporary or permanent pavement delineation shall be in place prior to opening the traveled way to public traffic. Lane line or centerline pavement delineation shall be provided at all times for traveled ways open to public traffic. All work necessary, including any required lines or marks, to establish the alignment of temporary pavement delineation shall be performed by the Contractor. When temporary pavement delineation is removed, all lines and marks used to establish the alignment of the temporary pavement delineation shall be removed by grinding. Surfaces to receive temporary pavement delineation shall be dry and free of dirt and loose material. Temporary pavement delineation shall not be applied over existing pavement delineation or other temporary pavement delineation. Temporary pavement delineation shall be maintained until superseded or replaced with permanent pavement delineation. Temporary pavement delineation shall be removed when, as determined by the Engineer, the temporary pavement delineation conflicts with the permanent pavement delineation or with a new traffic pattern for the area and is no longer required for the direction of public traffic. When temporary pavement delineation is required to be removed, all lines and marks used to establish the alignment of the temporary pavement delineation shall be removed. 7-10.3.6 Preparation of New, or Modifications and Additions to Existing, Traffic Control Plan Sheets. If no traffic control plans (TCP) or Traffic Control Staging plans (TCP) are included in the project plans, or if the Contractor elects to modify TCP included in the project plans, the Contractor shall have such new or modified TCP prepared and submitted as a part of the Work for any and all construction activities that are located within the traveled way. The Contractor shall have TCP prepared and submitted as a part of the Work for any construction activities that are a part of this project that are not included in the project plans. The Contractor must submit the TCP for the Engineer's review in conformance with the requirements of Section 2-5.3, et seq. and obtain the Engineer's approval of the TCP prior to implementing them. The minimum 20-day review period specified in Section 2-5.3.1 for shop drawings and submittals shall pertain to each submittal of TCP, new, modified or added to, for the Engineer's review. New or revised TCP submittals shall include all TCP needed for the entire duration of the Work. Each phase of the TCP shall be shown in sufficient scale and detail to show the lane widths, transition lengths, curve radii, stationing of features affecting the traffic control plan and the methodology proposed to transition to the subsequent TCP phase. When the vertical alignment of the traveled surface differs from the finished pavement elevation vertical curves must also be shown. Such modifications, supplements and/or new design of TCP shall meet the requirements of the Engineer and the California Manual on Uniform Traffic Control Devices (FHWA MUTCD 2003 Revision 1, and 2 as amended for use in California) as published by CALTRANS. Such modification, addition, supplement, and/or new design of TCP shall be prepared by a registered professional engineer appropriately registered in the State of California. The Engineer shall be the sole judge of the suitability and quality of any such modifications, supplements, and/or new designs to TCP. The Engineer may approve any such modifications, supplements, and/or new designs to the TCP when, in the Engineer's sole opinion, such modifications, supplements, and/or new designs to the TCP prepared by the registered professional engineer retained by the Contractor will be beneficial to the best interests of the Agency. Such modification, addition, supplement, and/or new design shall not be implemented and no work shall be commenced that is contingent on such approval until the changed TCP are approved by the Engineer. The preparation of such modification, addition, supplement, and/or new designs of TCP Revised 03/25/09 Contract No. 6020 Page 96 of 116 shall not presuppose their approval or obligate the Agency in any fashion. Submittal and review requirements for such modifications, supplements, and/or new designs to TCP shall conform to the >^^ requirements of Section 2-5.3 Shop Drawings and Submittals. -^ 7-10.3.7 Payment. The Contractor shall provide traffic control at the contract lump sum bid price. The contract lump sum price paid for "traffic control" shall include full compensation for furnishing all labor (including flagging costs), materials (including signs), tools, equipment and incidentals, and for doing all the work involved in preparation, reproduction and changing of traffic control plans, placing, applying traffic stripes and pavement markers with bituminous adhesive, removing, storing, maintaining, moving to new locations, replacing, and disposing of the components of the traffic control system as shown on the plans and approved additions and modifications, as specified in these supplemental provisions, and as directed by the Engineer. All expenses and time to prepare and review modifications, additions, supplements and/or new TCP designs shall be included in the lump sum bid for traffic control and no additional payment will be made therefore. Flagging costs will be paid for as a part of the Lump Sum Amount for "Traffic Control." The cost of labor and material for portable concrete barriers will be paid for at the unit price bid. When there is no bid item the cost of labor and material for portable concrete barriers they will be paid as an incidental to the work being performed and no additional payment will be made therefore. Progress payments for "Traffic Control" will be based on the percentage of the improvement work completed. The Contractor shall prepare and implement traffic control plans and 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 compensation 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: Construction Safety Orders, Tunnel Safety Orders and General Industry Safety Orders issued by the "**"* State Division of Industrial Safety. The Contractor shall comply with provisions of these and all other applicable laws, ordinances, and regulations. Before excavating any trench 5 feet or more in depth, the Contractor shall submit a detailed plan to the Agency showing the design of shoring, bracing, sloping, or other provisions to be made for the workers' protection from the hazard of caving ground during the excavation of such trench. If the plan varies from the shoring system standards, the plan shall be prepared by a registered Civil Engineer. No excavation shall start until the Engineer has accepted the plan and the Contractor has obtained a permit from the State Division of Industrial Safety. A copy of the permit shall be submitted to the Engineer. Payment for performing all work necessary to provide safety measures shall be included in the prices bid for other items of work except where separate bid items for excavation safety are provided, or required by law. 7-10.4.2 Use of Explosives. Explosives may be used only when authorized in writing by the Engineer, or as otherwise stated in the Specifications. Explosives shall be handled, used, and stored in accordance with all applicable regulations. The Engineer's approval of the use of explosives shall not relieve the Contractor from liability for claims caused by blasting operations. ^•"s 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 "*"**" Revised 03/25/09 Contract No. 6020 Page 97 of 116 Section 5194 of the California Code of Regulations shall be requested by the Contractor from the manufacturer of any hazardous products used. Material usage shall be accomplished with strict adherence to California Division of Industrial Safety requirements and all manufacturer warnings and application instructions listed on the Material Safety Data Sheet and on the product container label. The Contractor shall notify the Engineer if a specified product cannot be used under safe conditions. 7-10.4.4 Confined Spaces. (a) Confined Space Entry Program. The Contractor shall be responsible for implementing, administering and maintaining a confined space entry program (CSEP) in accordance with Sections 5156, 5157 and 5158, Title 8, CCR. Prior to starting the Work, the Contractor shall prepare and submit its comprehensive CSEP to the Engineer. The CSEP shall address all potential physical and environmental hazards and contain procedures for safe entry into confined spaces, including, but not limited to the following: 1. Training of personnel 2. Purging and cleaning the space of materials and residue 3. Potential isolation and control of energy and material inflow 4. Controlled access to the space 5. Atmospheric testing of the space 6. Ventilation of the space 7. Special hazards consideration 8. Personal protective equipment 9. Rescue plan provisions The Contractor's submittal shall include the names of its personnel, including subcontractor personnel, assigned to the project who will have CSEP responsibilities, their CSEP training, and their specific assignment and responsibility in carrying out the CSEP. (b) Permit-Required Confined Spaces. Entry into permit-required confined spaces as defined in Section 5157, Title 8, CCR may be required as a part of the Work. All manholes, tanks, vaults, pipelines, excavations, or other enclosed or partially enclosed spaces shall be considered permit- required confined spaces until the pre-entry procedures demonstrate otherwise. The Contractor shall implement a permit space program prior to performing any work in a permit-required confined space. A copy of the permit shall be available at all times for review by Contractor and Agency personnel at the Work site. (c) Payment. Payment for implementing, administering, and providing all equipment and personnel to perform the CSEP shall be included in the bid items for which the CSEP is required. 7-10.4.5 Safety and Protection of Workers and Public. The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the work is being performed. The Contractor shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and public, and shall use danger signs warning **** against hazards created by such features of construction as protruding nails, hoists, well holes, and v,, falling materials. •K Revised 03/25/09 Contract No. 6020 Page 98 of 116 7-11 PATENT FEES OR ROYALTIES. The Contractor shall absorb in its Bid the patent fees or royalties on any patented article or process furnished or used in the Work. The Contractor shall indemnify and hold the Agency harmless from any legal action that may be brought for infringement of patents. 7-12 ADVERTISING. The names, addresses and specialties of Contractors, Subcontractors, architects, or engineers may be displayed on removable signs. The size and location shall be subject to the Engineer's approval. Commercial advertising matter shall not be attached to or painted on the surfaces of buildings, fences, canopies, or barricades. 7-13 LAWS TO BE OBSERVED. The Contractor shall keep fully informed of State and National laws and County and Municipal ordinances and regulations which in any manner affect those employed in the Work or the materials used in the Work or in any way affect the conduct of the Work. The Contractor shall at all times observe and comply with such laws, ordinances, and regulations. Municipal ordinances that affect this work include Chapter 11.06. Excavation and Grading. If this notice specifies locations or possible materials, such as borrow pits or gravel beds, for use in the proposed construction project which would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the conditions established pursuant to Section 1601 et seq. of the Fish and Game Code shall become conditions of the contract. 7-14 ANTITRUST CLAIMS. Section 7103.5 of the Public Contract Code provides: "In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec 15) or Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or subcontract. The assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment of the parties." Revised 03/25/09 Contract No. 6020 Page 99 of 116 SECTION 8 - FACILITIES FOR AGENCY PERSONNEL 8-1 GENERAL. All facilities provided for Agency personnel shall be at suitable locations approved by the Engineer. Such facilities must be in a room, building, or trailer provided for this purpose with acceptable means for locking. 8-2 FIELD OFFICE FACILITIES. 8-2.1 Class "A" Field Office. Not used. 8-2.2 Class "B" Field Office. Not used. 8-2.3 Class "C" Field Office. Not used. 8-3 FIELD LABORATORIES. 8-3.1 Offsite at Manufacturing Plant. Not used. 8-3.2 At Project Site. Not used. 8-5 REMOVAL OF FACILITIES. Field offices, laboratories, and bathhouse facilities at the project site shall be removed upon completion of the Work. Buildings and equipment furnished by the Contractor at the project site under the provisions of this section are the property of the Contractor. 8-6 BASIS OF PAYMENT. All costs incurred in furnishing, maintaining, servicing, and removing field offices laboratories, or bathhouse facilities required at the project site shall be included in the bid item for furnishing such facilities. If such facilities are required by the Plans or Specifications and no bid item is provided in the proposal, the costs shall be included in other items for which bids are entered. Such costs incurred in connection with offices and laboratories at plants shall be borne by the plant owners. Payment for field office will be made at the monthly price bid and will include full compensation for installing and removing the field office, relocating it as may be necessary to facilitate the project, obtaining all permits, property rental, providing utilities including, but not limited to, high speed internet service, electrical, telephone, potable water and sanitary facilities, and maintenance. The monthly rate will be paid for each full calendar month throughout the duration of the contract that the field office, complete with all facilities and utilities, is available to the Engineer and on the project excepting when the Engineer has ordered that the field office be removed from the project. Revised 03/25/09 Contract No. 6020 Page 100 of 116 SECTION 9 - MEASUREMENT AND PAYMENT 9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK. 9-1.1 General. Unless otherwise specified, quantities of work shall be determined from measurements or dimensions in horizontal planes. However, linear quantities of pipe, piling, fencing and timber shall be considered as being the true length measured along longitudinal axis. Unless otherwise provided in Specifications, volumetric quantities shall be the product of the mean area of vertical or horizontal sections and the intervening horizontal or vertical dimension. The planimeter shall be considered an instrument of precision adapted to measurement of all areas. 9-1.2 Methods of Measurement Materials and items of work which are to be paid for on basis of measurement shall be measured in accordance with methods stipulated in the particular sections involved. 9-1.3 Certified Weights. When payment is to be made on the basis of weight, the weighing shall be done on certified platform scales or, when approved by the Engineer, on a completely automated weighing and recording system. The Contractor shall furnish the Engineer with duplicate licensed weighmaster's certificates showing actual net weights. The Agency will accept the certificates as evidence of weights delivered. 9-1.4 Units of Measurement The system of measure for this contract shall be the U.S. Standard Measures. 9-2 LUMP SUM WORK. Items for which quantities are indicated "Lump Sum", "L.S.", or "Job", shall be paid for at the price indicated in the Bid. Such payment shall be full compensation for the items of work and all work appurtenant thereto. When required by the Specifications or requested by the Engineer, the Contractor shall submit to the Engineer within 15 days after award of Contract, a detailed schedule in triplicate, to be used only as a basis for determining progress payments on a lump sum contract or designated lump sum bid item. This schedule shall equal the lump sum bid and shall be in such form and sufficiently detailed as to satisfy the Engineer that it correctly represents a reasonable apportionment of the lump sum. 9-3 PAYMENT 9-3.1 General. The quantities listed in the Bid schedule will not govern final payment. Payment to the Contractor will be made only for actual quantities of Contract items constructed in accordance with the Plans and Specifications. Upon completion of construction, if the actual quantities show either an increase or decrease from the quantities given in the Bid schedule, the Contract Unit Prices will prevail subject to the provisions of Section 3-2.2.1. The unit and lump sum prices to be paid shall be full compensation for the items of work and all appurtenant work, including furnishing all materials, labor, equipment, tools, and incidentals. Payment will not be made for materials wasted or disposed of in a manner not called for under the Contract. This includes rejected material not unloaded from vehicles, material rejected after it has been placed, and material placed outside of the Plan lines. No compensation will be allowed for disposing of rejected or excess material. Revised 03/25/09 Contract No. 6020 Page 101 of 116 Payment for work performed or materials furnished under an Assessment Act Contract will be made as provided in particular proceedings or legislative act under which such contract was awarded. Whenever any portion of the Work is performed by the Agency at the Contractor's request, the cost thereof shall be charged against the Contractor, and may be deducted from any amount due or becoming due from the Agency. Whenever immediate action is required to prevent injury, death, or property damage, and precautions which are the Contractor's responsibility have not been taken and are not reasonably expected to be taken, the Agency may, after reasonable attempt to notify the Contractor, cause such precautions to be taken and shall charge the cost thereof against the Contractor, or may deduct such cost from any amount due or becoming due from the Agency. Agency action or inaction under such circumstances shall not be construed as relieving the Contractor or its Surety from liability. Payment shall not relieve the Contractor from its obligations under the Contract; nor shall such payment be construed to be acceptance of any of the Work. Payment shall not be construed as the transfer of ownership of any equipment or materials to the Agency. Responsibility of ownership shall remain with the Contractor who shall be obligated to store any fully or partially completed work or structure for which payment has been made; or replace any materials or equipment required to be provided under the Contract which may be damaged, lost, stolen or otherwise degraded in any way prior to acceptance of the Work, except as provided in Section 6-10. Guarantee periods shall not be affected by any payment but shall commence on the date of recordation of the "Notice of Completion." If, within the time fixed by law, a properly executed notice to stop payment is filed with the Agency, due to the Contractor's failure to pay for labor or materials used in the Work, all money due for such labor or materials will be withheld from payment to the Contractor in accordance with applicable laws. At the expiration of 35 days from the date of acceptance of the Work by the Board, or as prescribed by law, the amount deducted from the final estimate and retained by the Agency will be paid to the Contractor except such amounts as are required by law to be withheld by properly executed and filed notices to stop payment, or as may be authorized by the Contract to be further retained. 9-3.2 Partial and Final Payment. The Engineer will, after award of Contract, establish a closure date for the purpose of making monthly progress payments. The Contractor may request in writing that such monthly closure date be changed. The Engineer may approve such request when it is compatible with the Agency's payment procedure. Each month, the Engineer will make an approximate measurement of the work performed to the closure date as basis for making monthly progress payments. The estimated value will be based on contract unit prices, completed change order work and as provided for in Section 9-2 of these General Provisions. Progress payments shall be made no later than thirty (30) calendar days after the closure date. Five (5) working days following the closure date, the Engineer shall complete the detailed progress pay estimate and submit it to the Contractor for the Contractor's information. Should the Contractor assert that additional payment is due, the Contractor shall within ten (10) days of receipt of the progress estimate, submit a supplemental payment request to the Engineer with adequate justification supporting the amount of supplemental payment request. Upon receipt of the supplemental payment request, the Engineer shall, as soon as practicable after receipt, determine whether the supplemental payment request is a proper payment request. If the Engineer determines that the supplemental payment request is not proper, then the request shall be returned to the Contractor as soon as practicable, but not later than seven (7) days after receipt. The returned Revised 03/25/09 Contract No. 6020 Page 102 of 116 request shall be accompanied by a document setting forth in writing the reasons why the supplemental payment request was not proper. In conformance with Public Contract Code Section 20104.50, the City shall make payments within thirty (30) days after receipt of an undisputed and properly submitted supplemental payment request from the Contractor. If payment of the undisputed supplemental payment request is not made within thirty (30) days after receipt by the Engineer, then the City shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure. From each progress estimate, 10 percent will be deducted and retained by the Agency, and the remainder less the amount of all previous payments will be paid. After 50 percent of the Work has been completed and if progress on the Work is satisfactory, the deduction to be made from remaining progress estimates and from the final estimate may be limited to $500 or 10 percent of the first half of total Contract amount, whichever is greater. No progress payment made to the Contractor or its sureties will constitute a waiver of the liquidated damages under 6-9. As provided in Section 22300 of the California Public Contract Code, the Contractor may substitute securities for any monies withheld by the Agency to ensure performance under the Contract. After final inspection, the Engineer will make a Final Payment Estimate and process a corresponding payment. This estimate will be in writing and shall be for the total amount owed the Contractor as determined by the Engineer and shall be itemized by the contract bid item and change order item with quantities and payment amounts and shall show all deductions made or to be made for prior payments and amounts to be deducted under provisions of the contract. All prior estimates and progress payments shall be subject to correction in the Final Payment Estimate. The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make written statement disputing any bid item or change order item quantity or payment amount. The Contractor shall provide all documentation at the time of submitting the statement supporting its position. Should the Contractor fail to submit the statement and supporting documentation within the time specified, the Contractor acknowledges that full and final payment has been made for all contract bid items and change order items. If the Contractor submits a written statement with documentation in the aforementioned time, the Engineer will review the disputed item within 30 calendar days and make any appropriate adjustments on the Final Payment. Remaining disputed quantities or amounts not approved by the Engineer will be subject to resolution as specified in Section 3-5, Disputed Work. The written statement filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said disputed items. The Engineer will consider the merits of the Contractor's claims. It will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying payment for the disputed items. 9-3.2.1 Payment for Claims. Except for those final payment items disputed in the written statement required in Section 9-3.2 all claims of any dollar amount shall be submitted in a written statement by the Contractor no later than the date of receipt of the final payment estimate. Those final payment items disputed in the written statement required in Section 9-3.2 shall be submitted no later than 30 days after receipt of the Final Payment estimate. No claim will be considered that was not included in this written statement, nor will any claim be allowed for which written notice or protest is required under any provision of this contract including Sections 3-4 Changed Conditions, 3-5 Disputed Work, Revised 03/25/09 Contract No. 6020 Page 103 of 116 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. 9-3.4.1 Mobilization and Preparatory Work. Payment for mobilization and preparatory Work will be made at the stipulated lump-sum price bid located in the bid schedule, and includes full compensation for furnishing all insurance, bonds, licenses, labor, materials, utilities, tools, equipment and incidentals, and for doing all the work involved in mobilization and preparatory work and operations, including, but not limited to, those necessary for the movement of personnel, equipment, supplies, and incidental to preparing to conduct work on and off the project site and other offsite facilities necessary for work on the project; for all other facilities, sureties, work and operations which must be performed or costs incurred prior to beginning work on various contract items on or off the project site, excepting those specifically paid for under separate sections of these specifications. The Contractor hereby agrees that the stipulated lump sum amount is sufficient for Mobilization and Preparatory Work, as described in this section, and that the Contractor shall have no right to additional compensation for Mobilization and Preparatory Work. Progress payments for Mobilization and Preparatory Work will be made as follows: For the first progress payment (after the issuance of the Notice to Proceed), forty percent (40%) of the amount bid for Mobilization and Preparatory Work will be allowed. For the second progress payment, an additional sixty percent (60%) of the amount bid for mobilization and preparatory work will be allowed therefore. 9-4 BID ITEMS. Payment for each Bid Item shall be made at the quantity and type as listed in the Contractor's Proposal. All work shown or mentioned on the plans, in the Contract Documents, General Provisions, or Technical Provisions/Specifications shall be considered as included in the Bid Items. Contractor must protect existing utilities, improvements, landscaping, irrigation systems, and vegetation in place. If damaged during the work, Contractor is responsible to repair or replace any utilities, improvements, landscaping, irrigation systems, and vegetation at his expense. Revised 03/25/09 Contract No. 6020 Page 104 of 116 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 2, CONSTRUCTION MATERIALS SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE TABLE 201-1.1.2(A) Modify as follows: TABLE 201-1.1.2(A)(3) PORTLAND CEMENT CONCRETE Type of Construction All Concrete Used Within the Right-of-Way Concrete Class 330-C-23 (560-C-3250) (1) Maximum Slump mm (Inches) (2) (1) Except that concrete required to be of higher strength by Table 201-1.1.2(A) SSPWC shall be as per Table 201-1.1.2(A) SSPWC. (2) As per Table 201 -1.1.2(A) SSPWC. (3) Portions of Table 201-1.1.2(A) of the Standard Specifications for Public Works Construction not shown herein as changed are not affected by this table. 201-1.2.4 Chemical Admixtures, (e) Air-entraining Admixtures. Substitute the following: The air content shall not deviate from the percentage specified or permitted by more than 1-1/2 percentage points. The air content of freshly mixed concrete will be determined by California Test Method No. 504. SECTION 212 - LANDSCAPE MATERIALS 212-1 LANDSCAPE MATERIALS. 212-1.2.3 Commercial Fertilizer. add the following: Preplant fertilizer shall be granular commercial fertilizer 7-7-7 or approved equal. Postplant fertilizer shall be 12-4-6 or approved equal with Ca, Fe, Zn, and Mn and with the majority of nitrogen in nonammoniac form to prevent acidification of soil. Planting tablets shall be compressed fertilizer tablets with a 20-10-5 analysis. 212-1.2.4 Organic Soil Amendment Add the following: For all types of Organic Soil Amendment mulch materials produced from pine trees grown in Alameda, Monterey, Santa Clara, Santa Cruz or San Mateo Counties shall not be used in the Work. Type 1A Organic Soil Amendment shall conform to the requirements for type 1 Organic Soil Amendment except as modified hereinafter. Type 1A Organic Soil Amendment shall be a wood or rice residual product derived from the bark of pine, white fir, or red fir or cedar or redwood shavings or rice hulls. Type 1A Organic Soil Amendment shall be manufactured from clean wood, free from clods coarse objects and rocks and shall conform to the properties shown in Table 212-1.2.4(8): Revised 03/25/09 Contract No. 6020 Page 105 of 116 Table 212-1.2.4(6) SOIL AMENDMENT PROPERTIES Property Dry Weight Nitrogen Dry Weight Passing 25 mm (1") Sieve Dry Weight Passing #4 Sieve Dry Weight Passing #1 6 Sieve Dry Weight Passing #30 Sieve Dry Weight Passing #50 Sieve Dry Weight Passing #100 Sieve Salinity Iron ( Dilute acid soluble on dry weight basis) Ash (dry weight basis) PH Wettability Minimum (D 100% 95% 45% 30% 0% 0% (1) 0.08% 0% 6.0 (D Maximum (D 100% 100% 65% 40% 10% 2% (D — 6.0% 7.0 (D (1) (As Required by Table 212-1.2.4(A) SSPWC) For all types of Organic Soil Amendment the Contractor shall supply the Engineer a sample of the proposed amendment accompanied by an analytical analysis from a qualified agricultural laboratory certifying compliance to the requirements herein. Qualified agricultural laboratories shall have an on- going quality assurance program that fulfills the requirements of the most recent version of the "Western States Laboratory Proficiency Testing Program Soil and Plant Analytical Methods". Certificates of compliance shall contain a statement attesting that the organic soil amendment meets the requirements of these specifications and that the testing agricultural laboratory does fulfill the requirements of "Western States Laboratory Proficiency Testing Program Soil and Plant Analytical Methods". Said submittal shall be in accordance with Section 2-5.3.3. Add the following section: 212-1.2.6 Herbicides and Pesticides. Shall be used in their appropriate applications with strict adherence to manufacturer's specifications and instructions. Postemergent herbicide for all areas shall be Glyphosate, N-(phosphonomethyl) glycine, in the form of its isopropylamine salt such as Roundup Pro, Diquat, Montar, or approved equal. Preemergent herbicide for shrubs and groundcover areas planted from flats shall be Treflan, Surflan, Eptan, or approved equal. Add the following section: 212-1.2.7 General Soil Conditioners. Agricultural-grade gypsum shall be a calcium sulfate (CaSO4 H20) product - 94.3 percent. 90 percent shall pass a 50-mesh screen. Control of dust during application is mandatory. Iron Sulfate shall be ferrous sulfate in pelletized or granular form containing not less than 20.0 percent iron expressed as metallic iron. Iron Sulfate pellets shall be of size and gradation such that 98 percent is retained on a 10-mesh screen. 212-1.4.1 General. Add the following: Plants shall be the variety and size shown on the plans or in the special provisions and shall conform to the requirements of these specifications. Contractor shall notify the Engineer 48 hours before each plant delivery so that the Engineer can inspect the plants. The scientific and common names of plants herein specified shall conform to the approved names given in "A Checklist of Woody Ornamental Plants in California, Oregon and Washington" published by the University of California, Division of Agriculture Sciences, Publication 4091 (1979). Each group of plant materials delivered on site shall be labeled clearly as to species and variety. All patented plants (cultivars) required by the plant list shall be delivered with a proper plant patent attached. The Contractor shall obtain clearance from the County Agricultural Commissioner, as required by law, Revised 03/25/09 Contract No. 6020 Page 106 of 116 before planting plants delivered from outside the County in which they are to be planted. Evidence that clearance has been obtained shall be filed with the Engineer. All plants furnished by the Contractor shall be true to type or name as shown on the plans and shall be tagged identifying the plants by species or variety; however, determination of plant species or variety will be made by the Engineer and the Engineer's decision shall be final. Plants shall be individually tagged or tagged in groups by species or variety. All plants shall comply with Federal and State laws requiring inspection for plant diseases and infestations. Inspection certificates required by law shall accompany each shipment of plants, and certificates shall be delivered to the Engineer. Plants furnished by the Contractor shall be healthy, shapely, and well-rooted, and roots shall show no evidence of having been restricted or deformed at any time. Plants shall be well-grown, free from insect pests and disease, and shall be grown in nurseries which have been inspected by the State Department of Food and Agriculture and have complied with the regulations thereof. The Engineer is the sole judge as to acceptability of each plant. Vigorous, healthy, well-proportioned plants are the intent of this specification. Plants which are even moderately "overgrown", or are showing signs of decline or lack of vigor, are subject to rejection. The size of the plants will be as shown on the plans. Plants larger in size than specified may be used with the approval of the Engineer, but the use of larger plants will make no change in contract price. If the use of larger plants is approved, soil amendments shall be increased proportionately. All plants not conforming to the requirements herein specified shall be considered defective and such plants, whether in place or not, shall be marked as rejected, and immediately removed from the site and replaced with new plants by the Contractor at the Contractor's expense. The Engineer reserves the right to change the species, variety, and/or sizes of plant material to be furnished, provided that the cost of such plant changes do not exceed the cost of plants in the original bid, and with the provision that the Contractor shall be notified in writing, at least 60 days before the planting operation has commenced. No plant shall be transported to the planting area that is not thoroughly wet throughout the ball of earth surrounding the roots. Any plant that, in the opinion of the Engineer, has a damaged root ball or is dry or in a wilted condition when delivered to the planting area will not be accepted, and shall be replaced by the Contractor at the Contractor's expense. Each plant shall be handled and packed in the approved manner for that species or variety, and all necessary precautions shall be taken to ensure that the plants will arrive at the site of the work in proper condition for successful growth. Trucks used for transporting plants shall be equipped with covers to protect plants from windburn. Root condition of plants furnished by the Contractor in containers will be determined by removal of earth from the roots of not less than 2 plants nor more than 2 percent of the total number of plants of each species or variety, except when container-grown plants are from several sources, the roots of not less than 2 plants of each species or variety from each source will be inspected by the Engineer. In case the sample plants inspected are found to be defective, the Agency reserves the right to reject the entire lot or lots of plants represented by the defective samples. Any plants rendered unsuitable for planting because of this inspection will be considered as samples and will not be paid for. The Contractor shall notify the Engineer when plants are to be shipped to the project site. The notification shall be given not less than 10 days prior to the actual shipment date. Add the following section: 212-1.8 Root Barriers. Root barriers shall be no less than 1m (39") in width. Root barriers shall be "Biobarrier", as manufactured by Reemay, Inc., 70 Old Hickory Boulevard, Old Hickory, TN 97138, Phone 615-847-7000, no substitutes will be accepted. Revised 03/25/09 Contract No. 6020 Page 107 of 116 SECTION 213 - ENGINEERING FABRICS Add the following section: 213-3 EROSION CONTROL SPECIALTIES. Add the following section: 213-3.1 Gravel bags. Gravel bags for the use of temporary erosion control shall be burlap type, filled with no less than 23kg (50 Ibs) of 19 mm (3/4 u) crushed rock and securely tied closed. Plastic bags are not acceptable. Revised 03/25/09 Contract No. 6020 Page 108 of 116 SUPPLEMENTAL PROVISIONS ^ TO 3 STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 3, CONSTRUCTION METHODS SECTION 300 - EARTHWORK 300-1 CLEARING AND GRUBBING. 300-1.1 General, add the following to the third paragraph: During surface clearing operations, the Contractor shall not cover or bury any plant growth or other objectionable materials. If the Contractor cannot successfully separate the plant growth from the surface soil and advertently or inadvertently mixes organic or other objectionable materials with the soil, the soil so contaminated shall be removed from the site by the Contractor. All costs, if any, associated with removing the soil mixed with organic or other objectionable materials and importing soil to replace said contaminated soil shall be borne by the Contractor and no additional payment therefore shall be made to the Contractor. Contractor shall protect in place existing irrigation system at base of wall. Any damages to the irrigation system shall be repaired at the expense of the Contractor. 300-1.4 Payment, modify as follows: Payment for clearing and grubbing shall be made at the : contract lump sum price for clearing and grubbing within the project limits and no other payments will "***** be made. Unless otherwise noted on plans, the Contractor shall remove all existing abandoned pipelines and conduits of any type, or use, and pipelines and conduits of any type, or use, that are abandoned during the course of the work and shall replace said pipelines and conduits with properly compacted soils. Payment for removal and disposal of abandoned utilities shall be included in the lump-sum bid for Clearing and Grubbing, and no additional payment will be made. 300-2 UNCLASSIFIED EXCAVATION. 300-2.1 General, add the following: Unclassified excavation shall include removal and stockpile of suitable material, recompaction, mixing, grading for mitigation work, other utilities, disposal of unsuitable materials not included in the bid item for clearing and grubbing, all cut and fill including removal and recompaction of unsuitable soil, filling areas to the required grades and cross section. 300-2.9 Payment, substitute the following: Payment for all unclassified excavation will be made at the Contract Lump Sum price bid for unclassified excavation and shall include compensation for excavation, loading, exporting and disposing of surplus material. 300-9 GEOTEXTILES FOR EROSION CONTROL. Modify as follows: 300-9 GEOTEXTILES FOR EROSION CONTROL AND WATER POLLUTION CONTROL. Add the following section: 300-9.2 General. The Contractor shall provide erosion control and water pollution control ,^»^ conforming to the requirements shown on the plans, as specified herein, and as elsewhere required by the Contract Documents. Erosion control and water pollution control shall include the work '"*•"*' specified herein, and such additional measures, as may be directed by the Engineer, to meet Best Revised 03/25/09 Contract No. 6020 Page 109 of 116 Management Practices, as defined herein, and to properly control erosion and storm water damage of the limits of work and construction impacts upon areas receiving drainage flows from within the limits of work. Add the following section: 300-9.2.1 Grading Controls. The Contractor shall protect all areas that have been graded and/or cleared and grubbed as well as areas that have not been graded and/or cleared and grubbed within the limits of work from erosion. The Contractor shall provide gravel bags, and similar measures, coordinated with its construction procedures, as necessary and as shown on the plans to control on site and off site erosion during the construction period. The Contractor will be required to protect areas which have been cleared and grubbed prior to excavation or embankment operations, and which are subject to runoff during the duration of the contract. The criteria used to determine the appropriate erosion control measures shall be the "Best Management Practices", hereinafter BMP, defined and described in the, "California Storm Water Best Management Handbook, Construction Activity", as published by the Storm Water Quality Task Force. The Contractor shall maintain a copy of the "California Storm Water Best Management Handbook, Construction Activity", on the project site and shall conduct its operations in conformity to said Handbook. Temporary erosion control measures provided by the Contractor shall include, but not be limited to, the following: a) Excavation areas, while being brought to grade, shall be protected from erosion and the resulting siltation of downstream facilities and adjacent areas by the use of BMP measures. These measures shall include, but shall not be limited to, methods shown on the plans and described herein. Add the following section: 300-9.2.2 Payment. Full compensation for performing erosion control and water pollution control, conforming to the operational requirements herein, of the BMP and conforming to the requirements of the Federal Water Pollution Control Act, including the latest amendments thereto, which is not a part of the planned permanent work or included as a separate bid item shall be considered as included in the contract price bid for unclassified excavation, and no additional compensation will be allowed therefore. SECTION 308 LANDSCAPE INSTALLATION 308-2 EARTHWORK AND TOPSOIL PLACEMENT 308-2.3.2 Fertilization and Conditioning Procedures, add the following: The Contractor shall cultivate the surface of all areas to be planted or hydroseeded by discing, ripping or scarifying the finish grade. After cultivation the Contractor shall clear the planting areas of stones to the depth of cultivation and shall be rake the planting areas to a smooth friable and plantable surface. The Contractor shall cultivate all planting areas, except slopes steeper than 3-1/2:1 (horizontal to vertical), to a depth of 300 mm (12"). The planting areas that are slopes steeper than 3-1/2:1, shall be cultivated to a depth of 150 mm (6"). After cultivation, the soil amendments shown in table 308- 2.3.2(A) shall be thoroughly blended 150 mm (6") deep in all planting areas. Except for planting pits the cultivation depths are designated as the root area. Backfill for planting pits shall conform to the requirements of section 308-4.5. After surface preparation and application of the soil amendments shown in Table 308-2.3.2(A) the Contractor shall obtain a minimum of one test for each soil property listed in Table 308-2.3.2(6) at least one test per 150 m (500') from each parkway and for each hectare (2.5 acres) of hydroseeded area and shall submit the results of said tests to the Engineer. The Contractor shall then adjust the soil properties to the acceptable ranges of soil properties shown in Tables 308-2.3.2(6) and 308-2.3.2(C) using such materials and methods as may be necessary. Revised 03/25/09 Contract No. 6020 Page 110 of 116 Organic soil amendment materials shall not be included in the samples used to determine compliance to the soil particle gradation requirements of Table 308-2.3.2(C). If adjustments are necessary the soil shall be tested by the Contractor after such adjustments for each soil property listed in Table 308-2.3.2(8) and 308-2.3.2(C) to determine that the adjustments to the soil made by the Contractor result in soil properties within the acceptable range. The Contractor shall adjust the soil properties and show acceptable ranges prior to any planting or application of hydroseed slurry. Prior to the start of any planting or application of hydroseed slurry the surface and root area shall be evenly and thoroughly moistened to no less than 75 percent of field capacity. The Contractor shall certify, in writing, that the ground surface has been prepared in accordance with this section and shall request inspection by the Engineer prior to any planting or seeding. The Contractor shall obtain the Engineer's approval before any planting or hydroseeding. TABLE 308-2.3.2(A) SOIL AMENDMENTS Soil Amendment Agricultural Gypsum Iron Sulfate Calcium Carbonate Lime Organic Soil Amendment Metric Application Rate 500 g per square meter 50 g per square meter 500 g per square meter 0.04115 cubic meters per square meter (average depth 41 mm) Approx. U.S. Application Rate 1 00 Ibs. per 1 ,000 square feet 10 Ibs. per 1 ,000 square feet 100 Ibs. per 1 ,000 square feet 5 cubic yards per 1 ,000 square feet (average depth 1 5/8") TABLE 308-2.3.2(6) SOIL PROPERTIES Soil Property PH Dissolved Salts (Ece) Liquid Limit Plasticity Index Acceptable Range 6.5 to 7.3 < 4.0 dS rrf1 N/Ato30 NPtolO Test Method Saturation Paste pH Saturation Paste Soluble Salts ASTM D 423 ASTM D424 Repeatability Range of Test ±0.1 pH ± 7% ± 2 ± 2 TABLE 308-2.3.2(0) SOIL PARTICLE GRADATION Sieve Siize 19 mm(3/4") 9.5 mm (3/8") 4.75 mm (No. 4) 1.89 mm (No. 10) 475 urn (No. 40) 75 jim (No. 200) Percent Passing 100 95-100 60-85 40-75 35-70 30-70 For areas to receive planting of all types, the Contractor shall amend the prepared soil by blending 200 g of 7-7-7 fertilizer per square meter (40 Ibs. per 1,000 square feet) into the top 150 mm (6") of soil after the completion of adjustment of soil properties and acceptance of the planting area by the Engineer. The Contractor shall apply post-plant 12-4-6 fertilizer at the rate of 20 pounds per 1,000 square feet, 30 days after planting and every 30 days through the end of the maintenance period. Revised 03/25/09 Contract No. 6020 Page 111 of 116 308-4 PLANTING. 308-4.1 General, add the following: The Contractor shall perform actual planting during those periods when weather and soil conditions are suitable and in accordance with locally accepted horticultural practice and as approved by the Engineer. No planting shall be done in any area until it has been satisfactorily prepared in accordance with these specifications. Soil moisture level prior to planting shall be no less than 75 percent of field capacity. The Contractor shall obtain the Engineer's approval of planting pits before planting operations begin. For pit planted vegetation when the soil moisture level is found to be insufficient for planting, the Contractor shall fill the planting pits with water and allow them to drain before starting planting operations. No more plants shall be distributed in the planting area on any day than can be planted and watered on that day. The Contractor shall plant and water all plants as herein specified immediately after removal from their containers. Containers shall not be cut prior to placing the plants in the planting area. It shall be the responsibility of the Contractor to provide continuous horticultural services and temporary and/or permanent irrigation to all planted and hydroseeded areas so that the planted and hydroseeded vegetation is 100 percent healthy and thriving prior to, and throughout the, landscape maintenance period. 308-4.2 Protection and Storage, add the following: The Contractor shall submit a sheltered and secure location for on-site plant storage area for the Engineer's approval prior to the delivery of any plant materials. Any plant determined by the Engineer to be wilted, broken, or otherwise damaged shall be rejected at any time during the project, whether in the ground or not. All plants shall be handled by their containers. Any plant that has been handled by its trunk or stem shall be rejected. All rejected plants shall be removed from the site immediately. 308-4.3 Layout and Plant Location, modify as follows: Planting areas shall be staked by the Contractor and the Contractor shall obtain the Engineer's approval of the planting layout before planting o Vine Planting, add the following: The Contractor shall amend the backfill for planting holes to a thoroughly blended mixture of clean loamy soil meeting the requirements of Tables 308- 2.3.2(6) and 308-2.3.2(C) and then blend the amendments listed in Table 308-4.5(A) into the backfill for planting holes. TABLE 308-4.5(A) BACKFILL AND AMENDMENTS FOR TREE AND SHRUB PLANTING Soil Amendment Agricultural Gypsum Iron Sulfate Calcium Carbonate Lime Organic Soil Amendment Planting Tablets 1 Planting Tablets 1 Planting Tablets 1 Metric Application Rate 1 8 kg per cubic meter 600 g per cubic meter 6 kg per cubic meter 0.67 cubic meters per cubic meter 1 per 100 mm dia. pot container 2 per 19 liter container 1 per each 50 mm width of each box- size container Approx. U.S. Application Rate 30 Ibs. per cubic yard 1 Ib. per cubic yard 1 0 Ibs. per cubic yard 2/3 cubic yards per cubic yard 1 per 4" dia. pot container 2 per 5 gal. container 1 per each 2" width of each box- size container 1 Planting tablet requirements are not cumulative and apply to the size container indicated Pruning shall be limited to the minimum necessary to remove injured twigs and branches, and to compensate for loss of roots during transplanting, but never to exceed one-tenth the branching structure. Pruning may be done only with the approval of, and in the presence of, the Engineer. Revised 03/25/09 Contract No. 6020 Page 112 of 116 308-6 MAINTENANCE AND PLANT ESTABLISHMENT. Add the following: The Contractor shall maintain project areas for period of no less than 120 days or until final acceptance of the project, whichever is the greater. The Contractor shall provide complete landscape maintenance of all planted areas. The work shall include, but not be limited to, watering, litter control, weed control, stake repair, cultivating, supplementary fertilization, repair of irrigation systems, and control of diseases and pests. The Contractor shall submit a written plan to control weeds, disease, and pest infestations in the planting areas. The submittal shall conform to the requirements for shop drawings as specified in section 2-5.3 et seq. of the specifications. The Engineer shall approve all methods and materials for such control. Upon approval, the Contractor shall implement the control measures, exercising extreme caution in using pesticides and taking all steps to ensure the safety of the public. Only licensed personnel will be permitted to perform toxic spraying work. During the plant establishment period, the Contractor shall furnish sufficient workers and equipment on a daily basis to perform the work required by this section. Any day when the Contractor fails to adequately carry out specified maintenance work, as determined necessary by the Engineer, will not be credited as one of the plant establishment days. All planting areas which are damaged by construction shall be repaired by the Contractor within twenty (20) days following completion of construction in such. The Contractor shall repair such damaged areas. The repair shall consist of bringing the damaged area back to final grade, preparing the soil, replanting the area with the same vegetation as originally specified, and maintaining the area to achieve acceptable plant establishment. The Contractor shall provide temporary irrigation for hydroseeded areas for a minimum of 120 days to ensure adequate plant establishment. Towards the end of the maintenance period, the Contractor shall gradually reduce the amount of irrigation to allow plant adaptation to non-irrigated conditions. Upon the approval of the engineer, the temporary irrigation system shall be shut off at the end of the maintenance period. The hydroseeded areas must have their growth of 80% established and the coverage must be evenly successful over the entire hydroseeded area and adequate to prevent erosion no less than 30 days before the end of the maintenance period. Should the coverage not be achieved the maintenance period shall be extended until the required coverage is achieved plus an additional 30 day period. The Contractor shall call for a final inspection 30 days before the end of the maintenance period and at the end of the maintenance period. Failure to pass inspection will result in an extension of the maintenance period. The Contractor shall continue to provide maintenance for such time necessary to obtain conformance to the specifications. 308-7 GUARANTEE. Add following: The Contractor shall guarantee all plant material, including ground covers to live and grow for a period of 30 days from the last day of the maintenance period or final acceptance of the contract work, whichever is the later. The Contractor shall replace, at its expense, all plant material found to be dead, missing, or in poor condition during the maintenance period within 5 days of discovery of such plant material. The Engineer shall be the sole judge as to the condition of the plant material. Plant material found to be dead or in poor condition within the guarantee period shall be replaced by the Contractor, at its expense, within 15 days of written notification. Replacements shall be made to the same specifications required for the original plantings. The Contractor shall submit written vegetation, planting and irrigation guarantee in approved form that all work showing defects in materials or workmanship will be repaired or replaced at no cost to the Engineer for a period of one year from the date of acceptance by the Engineer. The Guarantee form shall be retyped on the Contractor's letterhead and contain the following verbiage: Revised 03/25/09 Contract No. 6020 Page 113 of 116 "Guarantee For Vegetation, Planting and Irrigation System For (Project Name) We hereby guarantee that the vegetation, planting and im'gation system we have furnished and installed for (project name) is free from defects in materials and workmanship, and the work has been completed in accordance with the drawings and specifications. We agree to repair or replace any defect in vegetation, material or workmanship, including that due to ordinary wear and tear, which may develop during the periods specified in section 308-7 of the Standard Specifications and the Special Provisions of said project from date of completion of the Work or termination of any maintenance period, whichever is the later, and also to repair or replace any damage resulting from the repairing or replacing of such defects at no additional cost to the Agency. This guarantee does not extend to unusual abuse or neglect that may occur subsequent to the date of completion of the Work or termination of any maintenance period, whichever is the later. We shall make such repairs or replacements within a reasonable time, as determined by the Engineer, after receipt of written notice. In the event of failure to make such repairs or replacements within a reasonable time after receipt of written notice from the Engineer, we authorize the Engineer to proceed to have said repairs or replacements made at our expense, and we will pay the costs and charges therefore upon demand. Project: (Project Name) Location: (Legal Description of Project Property) Name of Contractor: Address: (Of Contractor) Telephone: (Of Contractor) By: (Typed or printed names of signing Officers) of the Contractor authorized to bind the Contractor in legal matters) Title: (Of said officer(s)) Signature(s) Date of Execution:" Add the following section: 308-7.1 Record Drawings. In addition to the requirements of section 2-5.4, herein, the Contractor shall prepare record drawings that show all changes in the work constituting departures from the original contract drawings, including those involving both constant-pressure and intermittent-pressure lines and appurtenances. The Contractor shall accurately record, on a daily basis, on one set of blue line prints of the irrigation drawings, all changes in work constituting departures from the original contract drawings, including changes in both pressure and nonpressure line. The Contractor shall post information on record drawings no later than the next working day after the work is installed. The Contractor shall record changes and dimensions in a legible and professional manner. When the drawings are approved by the Engineer the Contractor shall transfer all information to a set of reproducible photo mylar drawings. Items required to be shown shall be dimensioned by the Contractor from two permanent points of reference (buildings, monuments, sidewalks, curbs, pavement). The accuracy of location of all items to be shown on the drawings shall be 150 mm (6") in both the vertical and horizontal planes. All text and numerals placed on drawings shall be 0.30 mm (V) in size. Facilities and items to be located in their horizontal and vertical positions and shown on the record drawings include all: a) Point(s) of connection, for water and electrical services b) Routing of irrigation pressure mainlines c) Backflow preventers d) Ball, gate and check valves e) Irrigation control valves. f) Quick coupler valves g) Routing of service wires h) Routing of control wires Revised 03/25/09 Contract No. 6020 Page 114 of 116 i) Electrical service equipment j) Electrical junction boxes k) Irrigation controllers I) Sleeves for future connections m) Other equipment of a similar nature (as directed by the Engineer). The Contractor shall keep the blue print drawings available for the Engineer's inspection at any time. The Contractor shall make all changes to reproducible drawings in waterproof black ink (no ball point pen). Changes in dimensions shall be recorded in a legible and professional manner. Record construction drawings shall be maintained at the job site during construction. The Contractor shall provide one set of mylar "record" drawings to the Engineer after submitting blueline prints of the proposed "record" drawings for, and obtaining their approval by, the Engineer. Add the following section: 308-7.2 Controller Chart. The Contractor shall prepare record drawings which shall be submitted to the Engineer for approval by the Engineer before charts are prepared. The Contractor shall provide one controller chart of the maximum size the controller door will allow, for each controller supplied, showing the area covered by that automatic controller. The chart shall be a reduction of the actual record system drawing with a legend to explain all symbols. If the controller sequence is not legible when the drawing is reduced, The Contractor shall enlarge it to a size that will be readable when reduced. The Contractor shall photocopy the chart, with a pastel transparent color used to show area of coverage for each station. When completed and approved, the Contractor shall hermetically seal the chart between two pieces of plastic, each piece being a minimum 20 mils thick. The Contractor shall complete the charts and obtain the Engineers approval prior to final inspection of the irrigation system. Add the following section: 308-7.3 Operation and Maintenance Manuals. The Contractor shall prepare and deliver to the Engineer, within 10 calendar days prior to completion of construction, all required and necessary descriptive material in complete detail and sufficient quantity, properly prepared in four individual bound copies. The descriptive material shall describe the material installed in sufficient detail to permit qualified operating personnel to understand, operate, and maintain all equipment. The Contractor shall include spare parts list and related manufacturer information for each equipment item installed. Each manual shall include the following: a) Index sheet stating Contractor's address and telephone number. b) Duration of Guarantee period. c) List of equipment, with names and addresses of manufacturer's local representative. d) Complete operating and maintenance instructions on all major equipment. e) In addition to the maintenance manuals, the Contractor shall provide the agency maintenance personnel with instructions for major equipment, and show written evidence to the Engineer at the conclusion of the work that this service has been rendered. Add the following section: 308-7.4 Check List. The Contractor shall complete and forward signed and dated checklist to the Engineer before final acceptance of project. the following checklist at the end of the project, using the format shown: a) Plumbing permits (if none required, so note) b) Materials approval c) Pressure mainline test (by whom, and date) d) Record drawings completed (received by, and date) e) Controller chart completed (received by, and date) f) Materials furnished (received by, and date) g) Operation and maintenance manuals furnished (received by, and date) Revised 03/25/09 Contract No. 6020 Page 115 of 116 h) System and equipment operation instructions (received by, and date) i) Manufacturer warranties (received by, and date) j) Written guarantee by Contractor (received by, and date) 308-8 MEASUREMENT AND PAYMENT, add the following: The lump-sum or unit prices set forth in the contract documents shall include, but not be limited to, full compensation for furnishing all labor, materials, tools, and equipment and performing all work necessary to complete, maintain, and guarantee the planting and irrigation work described or specified in the contract documents, including soils testing and recommended soil amendments, tree stakes, bark mulch, plant materials, temporary irrigation and permanent irrigation, electric control valves, control wires, pull boxes, valve boxes, all piping and sleeves, electrical conduits, irrigation heads, bubblers, correction, reproduction and lamination of "as-built" drawings, controller charts, assembly and submittal of the check list and operation and maintenance manuals and all appurtenances to the aforementioned items, as well as 120 days' maintenance and project guarantees. After completion of the project, the Engineer will retain 10% of the total contract amount, and will subsequently disburse the retainer to the Contractor on a monthly basis of 2.5% per month. The Engineer reserves the right to stop payment until all punch lists submitted to the Contractor every month are completed. A•^ Revised 03/25/09 Contract No. 6020 Page 116 of 116 TECHNICAL SPECIFICATIONS SECTION 03371 SHOTCRETE PART1 GENERAL 1.1 REFERENCES A. Except as shown or specified otherwise, the Work of this Section shall conform to the requirements of American Concrete Institute (ACI). 1. ACI 301-99: Specification for Structural Concrete. 2. ACI 506.2-95: Specification for Shotcrete. 3. ACI 506.3-91: Guide to Certification of Shotcrete Nozzlemen. 4. ACI 506.4R-94: Guide for the Evaluation of Shotcrete. 1.2SUBMITTALS A. Product Data: 1. Portland Cement: Type, brand and manufacturer's name. 2. Aggregates: Name and location of source, and D.O.T. test numbers. 3. Reinforcement Anchors: Manufacturer's specifications and installation instructions. B. Samples: 1. Reinforcement Anchors: Full size. C. Quality Control Submittals: 1. Applicator's Qualifications Data. 1.3 QUALITY ASSURANCE A. Applicator's Qualifications: The person supervising the Work of this Section and the workers applying the Shotcrete shall have had at least three years of experience in gun applied applications of concrete, and shall have been regularly employed by a company engaged in the applications of this type of Work for a minimum of three years. 1. If requested, furnish to the Director the names and addresses of five similar projects which the foregoing people have worked on. 1.4 PROJECT CONDITIONS A. Environmental Requirements: 1. Do not use frozen materials in Shotcrete mixes. 05/27/09 SHOTCRETE CARLSBAD MASTER SPECIFICATIONS 03371-1 MARBELLA WALL BEAUTIFICATION IMPROVEMENTS 2. Do not apply shotcrete when the ambient temperature is below 40 degrees F. Maintain 40 degrees F or higher temperature for a minimum of 24 hours prior to application, during application, and until shotcrete has cured. PART 2 PRODUCTS 2.1 MATERIALS (Amendments to ACI 506.2, Section 2 - Materials) A. Cement: Portland cement; ASTM C 150, Type I or Type II. B. Aggregates: Normal weight, graded sand; ASTM C 33. C. Water. Clean and potable. D. Reinforcement: #4 Rebar, Grade 300 or Grade 400 E. Reinforcement Anchors: "Nelson Studs", or approved equal 1. Size: 5/8 inch diameter by length as required for location of reinforcement. F. Tie Wire: Black annealed wire, gauge as required to securely hold reinforcement in place during placement of shotcrete. 2.2 PROPORTIONING (Amendments to ACI 506.2, Section 2.5) A. Mix Proportion: One part Portland cement to 3 parts of aggregate, by volume, in place. 1. The mix at the machine shall be one part Portland cement to 3-1/2 parts aggregate, or as required to compensate for loss of aggregate during application. 2. Use only amount of water necessary to produce proper hydration. PARTS EXECUTION 3.1 PREPARATION (Amendments to ACI 506.2, Section 3.3) A. Protection: Cover or otherwise protect adjacent surfaces not required to receive shotcrete. B. Surface Preparation: 1. Remove loose and deteriorated concrete. Roughen existing surfaces for proper bonding of shotcrete. Taper edges; do not leave square shoulders. Blow away free water with compressed air. 05/27/09 SHOTCRETE CARLSBAD MASTER SPECIFICATIONS 03371-2 MARBELLA WALL BEAUTIFICATION IMPROVEMENTS 3.2 INSTALLATION A. Tolerances: 1. Minus Tolerance for Cover Over Reinforcement: 3/8 inch, except that it shall not be greater than one-third of the indicated cover. 2. Concrete (Shotcrete) Surfaces: Tolerances up to 50 percent larger than those specified for formed surfaces in ACI 301, unless otherwise indicated. B. Installation of Reinforcement: 1. Place reinforcement to provide 3" inches of shotcrete cover over reinforcement, unless otherwise indicated. 2. Install anchors in accordance with manufacturer's printed instructions. 3. Fit reinforcement to conform to the finished surface of the areas to be filled. Secure reinforcement to anchors with tie wire. 4. Lap reinforcement a minimum of 48 bar diameters in all directions at joints between sheets of reinforcement, and fasten with tie wire. Twist ends of wire ties together, cut off 1/2 inch from twist, and bend ends back against reinforcement. C. Placement of Shotcrete: (Amendments to ACI 506.2 Section 3.6) 1. Begin vertical application at the bottom and complete at the top. 2. Fill voids in substrate with initial flash coat. 3. Build up in multiple coats or layers of not more than 1/2 inch thickness, unless otherwise approved for job conditions. 4. Hold nozzle at such distance (2 to 5 feet) and position that the stream of flowing material impinges generally at right angles to the surface being covered. Remove rebound and deposits of loose sand prior to placing succeeding layers of shotcrete. 5. Build up in successive layers to within 1/4 inch of the final surface, then screed with a sharp steel edge cutting screed. Before placing the final coat, thoroughly wash down the surface of the preceding coat with compressed air and water. Build up final coat to the finished surface true to line. 6. At the end of each work period, cease shooting shotcrete at approved construction joints. 7. Provide troweled joints at each vertical T beam location. 05/27/09 SHOTCRETE CARLSBAD MASTER SPECIFICATIONS 03371-3 MARBELLA WALL BEAUTIFICATION IMPROVEMENTS D. Finishing: Trowel finish. (Texture to match existing Marbella entry walls) 3.3 CURING AND PROTECTION (Amendments to ACI 506.2, Section 3.8) A. Duration of Final Curing: Continue curing for the first 7 days after shotcreting. 3.4 CLEANING A. Clean adjacent surfaces that have been soiled or defaced performing the Work of this Section. Restore marred or damaged surfaces. 05/27/09 SHOTCRETE CARLSBAD MASTER SPECIFICATIONS 03371-4 MARBELLA WALL BEAUTIFICATION IMPROVEMENTS SECTION 03372 COMPOSITE DRAINBOARD PART 1 GENERAL 1.1 SECTION INCLUDES PROVISION OF: A. Subdrainage geocomposite sheet applied over vertical waterproofed wall to relieve hydrostatic head pressure. Drain board to channel water to collection pipe. 1.2 RELATED SECTIONS A. Section 03371 - Shotcrete 1.3 REFERENCE STANDARDS A. American Society for Testing and Materials (ASTM): 1. ASTM D 1621-73(79): Compressive Properties of Rigid Cellular Plastics 2. ASTM D 3786-87: Hydraulic Bursting Strength of Knitted Goods & Nonwoven Fabrics - Diaphragm Bursting Strength Tester Method (Mullen Burst) 3. ASTM D 4491-89: Water Permeability of Geotextiles by Permittivity 4. ASTM D 4632-86/90: Breaking Load & Elongation of Geotextiles (Grab Method) 5. ASTM D 4716-87: Constant Head Hydraulic Transmissivity (In-Plane Flow) of Geotextile Related Products 1.4 DEFINITIONS FROM ASTM D 4439-85: A. Geotextile: Any permeable textile used with foundation, soil, rock, or any other geotechnical material, as an integral part of a man-made product, structure, or system. B. Normal Direction: Direction perpendicular to the plane of the geotextile. C. Permittivity: Volumetric flow rate of water per unit cross sectional area per unit head under laminar flow conditions, in the normal direction through the geotextile. D. Permeability: Rate of flow of a liquid under a differential pressure through a material. E. Transmissivity: Flow or amount of liquid water per foot of material width passing through composite system at certain maximum soil pressure against geotextile at defined hydraulic gradient. 1.5 SUBMITTALS A. Product Data indicating compliance with specifications. B. Manufacturer's installation instructions. C. Samples 6 inch by 6 inch of each drain indicated. 1.6 DELIVERY, STORAGE AND HANDLING A. Deliver all materials in manufacturer's unopened packages with all labels intact. 05/27/09 COMPOSITE DRAINBOARD CARLSBAD MASTER SPECIFICATIONS 03372-1 MARBELLA WALL BEAUTIFICATION IMPROVEMENTS B. Acceptance at site: Unload materials and check for damage. Remove damaged, rejected materials from site immediately. C. Store drain board in dry area in manufacturer's protective packaging. Cover open partial packages of drain board to protect from oil, dirt and UV exposure. D. Drain board will become more rigid and less impact resistant below 25° Fahrenheit. Handle with extra care at low ambient air temperature conditions. 1.7 SCHEDULING AND SEQUENCING A. Schedule drain board installation just prior to horizontal cover material installation. Cover drain board to avoid damage. PART 2 PRODUCTS 2.1 MANUFACTURER A. Greenstreak, Inc. 3400 Tree Court Industrial Blvd., St. Louis, MO 63122 Phone (800) 325-9504 or (636) 225-9400; Fax (800) 551-5145 or (636) 225-2049 1. Use normal duty, single-sided SHEET DRAIN HS at retaining walls or approved equal. 2.2 MATERIALS A. Core: High Impact Polystyrene (HIPS) formed with dimpled drain area. B. Geotextile: 1. Non-woven needle punched polypropylene, 4 ounce filter fabric, with UV stabilizers. 2. Woven polypropylene 6.5 ounce filter fabric. 05/27/09 CARLSBAD MASTER SPECIFICATIONS MARBELLA WALL BEAUTIFICATION IMPROVEMENTS COMPOSITE DRAINBOARD 03372-2 CORE PROPERTY TEST METHOD Flow Rate ASTMD4716 width (Note at i=1 (at 3600 psi with 1=1) transmissivity = low rate) Compressive Strength ASTM D 1621 Open Area Calculated (Fabric side) Bearing Area Calculated (Reverse side) Weight ASTM D 3776 Thickness Core/Composite Color FILTER FABRIC PROPERTY MINIMUM AVERAGE ROLL VALUES: MARV Weight ASTM D 3776 Grab Tensile ASTM D 4632 Grab Elongation ASTM D 4632 Mullen Burst ASTM D 3786 Puncture Strength ASTM D 4833 Trapezoidal Tear ASTM D 4533 Apparent Opening Size ASTM D 4751 (U.S. Std. Sieve) Permittivity (Note rate ASTM D 4491 highly dependent on head pressure) UV Resistance ASTM D 4355 (Strength retained) 500 hr Color SHEET DRAIN 1 5.0 gpm/ft width 1 5,000 psf 84% 75% .21 Ib/ft2 .3S/.42 inch black NEEDLEPUNCHED POLYPROPYLENE 4.0 oz/yd2 100lb. 60% 225 psi 60 Ib. 45 Ib. 70 145 gpm/ft2 70% black SHEET DRAIN - MINIMUM AVERAGE 5.7 gpm/ft width 25,000 psf 82% 75% .14 Ib/ft2 .21/.237 inch black NEEDLEPUNCHED POLYPROPYLENE 4.0 oz/yd2 100lb. 60% 225 psi 60 Ib. 45 Ib. 70 145 gpm/ft2 70% black HS DECK DRAIN VALUES 21 .4 gpm/ft 20,000 psf 84% 75% .23 Ib/ft2 .38A424 inch black WOVEN POLYPROPYLENE 6.5 oz/yd2 Warp 300 Ib. Fill 200 Ib. Warp 30 % Fill 23 % 450 psi 120 Ib. Warp 75 Ib. Fill 65 Ib. 30/50 50 gpm/ft2 90% black 05/27/09 CARLSBAD MASTER SPECIFICATIONS MARBELLA WALL BEAUTIFICATION IMPROVEMENTS COMPOSITE DRAINBOARD 03372-3 C. Application of drain to (concrete)(waterproofing) or (protection board). 1. General construction grade adhesives compatible with dampproofing or waterproofing compound. 2. Pressure sensitive adhesive. 3. Mastic used for membrane application. PART 3 EXECUTION 3.1 EXAMINATION A. Verify indicated components of waterproofing system have been installed. Verify horizontal applications have sufficient slope to drain. Verify sufficient slope to collection pipes for subdrainage systems. Substrates to be dry, dew and frost free, and free of dust or other materials which prevent adhesion of drain board to substrate. B. Submit written notification of unacceptable conditions or substrates. 3.2 INSTALLATION A. Overlap two rows of dimples and mechanically interlock with rubber mallet. Lap excess fabric a minimum of 3 inch at splices and secure fabric lap as necessary with adhesive. Shingle laps in the direction of flow. B. Face fabric towards hydrostatic source and face core towards subgrade structure. C. Roll and tuck excess fabric at terminations of drain board to back of core to prevent intrusion of soils into core. D. Promptly cover drain board to protect from damage by wind or UV's. E. Repair tears or punctures of fabric with new filter fabric adhered over damaged area. ******** 05/27/09 CARLSBAD MASTER SPECIFICATIONS MARBELLA WALL BEAUTIFICATION IMPROVEMENTS COMPOSITE DRAINBOARD 03372-4 SECTION 09900 PAINTING AND COATING PART 1 - GENERAL 1.1 DESCRIPTION This section described the requirements for the preparation of surfaces and subsequent application of protective coatings. The Contractor shall furnish all labor, materials and equipment required for satisfactory completion of all items contained herein. The Contractor shall furnish all necessary safety equipment and protective clothing, as well as be responsible for proper instruction and supervision of their use. 1.2 RELATED WORK DESCRIBED ELSEWHERE The Contractor shall refer to the following Specification section(s) for additional requirements: 1.3 SUBMITTALS Contractor shall furnish submittals in accordance with the requirements described in General Provisions Section 2-5.3 Submittals. The following submittals are required: A. Submit a chart of the manufacturer's available colors for color selection well in advance of painting operation. B. Submit manufacturer's data sheets showing the following information: 1. Recommended surface preparation. 2. Minimum and maximum recommended dry-film thicknesses per coat for prime, intermediate, and finish coats. 3. Percent solids by volume. 4. Recommended thinners. 5. Statement verifying that the selected prime coat is recommended by the manufacturer for use with the selected intermediate and finish coats. 6. Application instructions including recommended application, equipment, humidity, and temperature limitations. 7. Curing requirements and instructions. C. Submit certification that all coatings conform to applicable local Air Quality Management District rules and regulations for products and application. 05/27/09 PAINTING AND COATING CARLSBAD MASTER SPECIFICATIONS 09900-1 MARBELLA WALL BEAUTIFICATION IMPROVEMENTS 1.4 PAYMENT Payment for the Work in this section shall be included as part of the lump-sum or unit-price bid amount for which such Work is appurtenant thereto. PART 2 - MATERIALS 2.1 GENERAL All materials shall be those of current manufacture and shall meet all applicable regulations for the application and intended service. All coats of any particular coating system shall be of the same manufacturer and shall be approved by the manufacturer for the intended service. In the event that a product specified herein is no longer manufactured or does not meet current regulations, the Contractor shall provide a substitute, currently manufactured product of at least equal performance which meets all applicable regulations subject to Engineer's approval, at no additional cost. All materials shall be delivered to the Project Site in their original, unopened containers bearing the manufacturer's name, brand, and batch number. Standard products of manufacturers other than those specified will be accepted when it is proved to the satisfaction of the Engineer they are equal in composition, durability, usefulness and convenience for the purpose intended. All surfaces to be coated or painted shall be in the proper condition to receive the material specified before any coating or painting is done. No more sandblasting or surface preparation than can be coated or painted in a normal working day will be permitted. All sharp edges, burrs, and weld spatter shall be removed. All concrete and masonry surfaces shall cure 30 days prior to coating or painting. Surface preparation, prime coatings, and finish coats for the various systems are specified herein. Unless otherwise noted, all intermediate and finish coats shall be of contrasting colors. It is the intent that the coating alternates specified herein serve as a general guide for the type of coating desired. PART 3 - EXECUTION 3.1 GENERAL The Contractor shall arrange with the Owner's Representative so that all surface preparation may be inspected and approved prior to the application of any coatings. The Contractor is hereby notified that the Engineer will inspect the Work prior to the expiration of the warranty period and all defects in workmanship and material shall be repaired by the Contractor, at his own expense. 05/27/09 CARLSBAD MASTER SPECIFICATIONS MARBELLA WALL BEAUTIFICATION IMPROVEMENTS PAINTING AND COATING 09900-2 3.2 WORKMANSHIP ,».„,„ It is the intent of the Specifications that finishes shall be provided which meet standards for best grades of painting. Drop cloths shall be placed where required to protect floors, surfaces and equipment from spatter and dropping, not to receive paint or coatings. The Contractor shall take all necessary precautions to protect all adjacent Work and all surrounding property and improvements from any damage whatsoever as a result of the painting and coating operation. Only good, clean brushes and equipment shall be used and all brushes, buckets, and spraying equipment shall be cleaned immediately at the end of each painting period. Each coat of paint shall be of the consistency as supplied by the manufacturer, or thinned, if necessary, and applied in accordance with manufacturer's instructions. Each coat shall be well brushed, rolled or sprayed to obtain a uniform and evenly applied finish. Work shall be free from "runs", "bridges", "shiners", or other imperfections due to faulty intervals. Particular care shall be taken to obtain a uniform unbroken coating over all bolts, threads, nuts, welds, edges and corners. Paint shall not be applied in extreme heat, in dust or smoke laden air, or in damp or humid weather, unless written permission of the Engineer is obtained. If paint is applied by spray, the air pressure used shall be within the ranges recommended by both the paint and spray equipment manufacturers. Spray painting shall be conducted under controlled conditions and the Contractor shall be fully responsible for any damage occurring from spray painting. Care shall be exercised not to damage adjacent Work during sandblasting operations. Stainless steel need not be sandblasted. Blasted surfaces shall not be left overnight before coating. All dust shall be removed from the surface following sandblasting. 3.3 APPLICATION PROCEDURES A. Surfaces to be Coated: All surfaces of materials furnished and constructed are to be painted or coated per the Specifications except as indicated below. B. Protection of Surfaces Not To Be Coated: Surfaces not intended to be painted shall be removed, masked, or otherwise protected. Drop cloths shall be provided to prevent paint materials from falling on or marring adjacent surfaces. Working parts of mechanical and electrical equipment shall be protected from damage during surface preparation and painting process. Openings in motors shall be safely masked to prevent paint and other materials from entering the motors. All masking materials shall be completely removed and surfaces cleaned at completion of painting operations. D. Weather Conditions: Paint shall not be applied in the rain, wind, snow, mist, and fog or when steel or metal surface temperatures are less than 5°F above the dew point. Paint shall not be applied when the relative humidity is above 80%, the air temperature is above 90°F, or the temperature of metal to be painted is above 125°F. Alkyd, chlorinated rubber, inorganic zinc, silicone aluminum, or silicone acrylic paints shall not be applied if air or surface temperature is below 50°F or expected to be below 50°F within 24 hours. Epoxy, coal tar epoxy, acrylic latex, and polyurethane paints shall not be applied on an exterior or interior surface if air or surface temperature is below 50°F or expected to drop •"**"" below 50°F within 24 hours. 05/27/09 PAINTING AND COATING CARLSBAD MASTER SPECIFICATIONS 09900-3 MARBELLA WALL BEAUTIFICATION IMPROVEMENTS 3.4 SURFACE PREPARATION A. General: Prepare only as much surface area as can be coated in one day. All sharp edges, burrs, and weld spatter shall be removed. B. SSPC Specifications: Wherever the words "solvent cleaning", "hand tool cleaning", "wire brushing", or "blast cleaning" or similar words are used in the Specifications or in paint manufacturer's specifications, they shall be understood to refer to the applicable SSPC (Steel Structures Paint Council, Surfaces Preparation Specifications, ANSI A159.1) Specifications listed below: SP-1 Solvent Cleaning SP-6 Commercial Blast Cleaning SP-2 Hand Tool Cleaning SP-7 Brush-Off Blast Cleaning SP-3 Power Tool Cleaning SP-8 Pickling SP-5 White Metal Blast Cleaning SP-10 Near White Blast Cleaning Oil and grease shall be removed from aluminum and copper surfaces in accordance with SSPC SP-1 using clean cloths and cleaning solvents. Weld spatter and weld slag shall be removed from metal surfaces. Rough welds, beads, peaked comers, and sharp edges including erection lugs shall be ground smoothly in accordance with SSPC SP-2 and SSPC SP-3. Welds shall be neutralized with a chemical solvent that is compatible with the specified coating materials using clean cloths and chemical solvent. C. Abrasive Blast Cleaning: Dry abrasive blast cleaning shall be used for metal surfaces. Do not recycle or reuse contaminated blast particles. 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 8-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 8-hour period. Prevent damage to adjacent coatings during blast cleaning. Schedule blast cleaning and coating such that dust, dirt, blast particles, old coatings, rust, mill scale, etc., will not damage or fall upon wet or newly coated surfaces. 3.5 PROCEDURES FOR THE APPLICATION OF COATINGS The recommendations of the coating manufacturer shall be followed, including the selection of spray equipment, brushes, rollers, cleaners, thinners, mixing, drying time, temperature and humidity of application, and safety precautions. Coating materials shall be kept at a uniform consistency during application. Each coating shall be applied evenly, free of brush marks, sags, runs, and other evidence of poor workmanship. A different shade or tint shall be used on succeeding coating applications to indicate coverage where possible. Finished surfaces shall be free from defects or blemishes. Only thinners recommended by the coating manufacturer shall be used. If thinning is allowed, do not exceed the maximum allowable amount of thinner per gallon of coating material. 05/27/09 PAINTING AND COATING CARLSBAD MASTER SPECIFICATIONS 09900-4 MARBELLA WALL BEAUTIFICATION IMPROVEMENTS 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. The brush coat shall be done prior to and in conjunction with the spray coat application. Apply the spray coat over the brush coat. Apply primer immediately after 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. A. Paint Mixing: Multiple-component coatings shall be prepared using all the contents of each component container as packaged by the paint manufacturer. Partial batches shall not be used. Multiple-component coatings that have been mixed beyond their pot life shall not be used. Small quantity kits for touch-up painting and for painting other small areas shall be provided. Only the components specified and furnished by the paint manufacturer shall be mixed. For reasons of color or otherwise, additional components shall not be intermixed, even within the same generic type of coating. B. Field Touch Up of Shop-Applied Prime Coats: Organic Zinc Primer: Surfaces that are shop primed with inorganic zinc primers shall receive a field touch up of organic zinc primer to cover all scratches or abraded areas. Organic zinc coating system shall have a minimum volume solids of 54% and a minimum zinc content of 14 pounds per gallon. Coating shall be of the converted epoxy, epoxy phenolic, or urethane type and shall be manufactured by the prime coat and finish coat manufacturer. Other Primers: Surfaces that are shop primed with other than organic zinc primer shall receive a field touch up of the same primer used in the original prime coat. 3.6 DRY-FILM THICKNESS TESTING AND REPAIR A. Special Instructions to the Contractor: The Contractor shall furnish to the Owner at no charge for use during execution of the Work, necessary dry-film thickness gauge and electrical flaw detection equipment. The Contractor shall perform the holiday (pinholes) inspection in the presence of the Owner's Representative, and the Contractor shall monitor wet film measurements throughout the application of each coat of coating. B. Coating Thickness Testing: Coating thickness specified for steel surfaces shall be measured with a magnetic-type dry-film thickness gauge. Dry-film thickness gauge shall be provided as manufactured by Mikrotest or Elcometer. Each coat shall be checked for the correct dry-film thickness. Measurement shall not be made until a minimum of eight hours after application of the coating. Non-magnetic surfaces shall be checked for coating thickness by micrometer measurement of cut and removed coupons. Contractor shall repair coating at all locations where coupons are removed. C. Holiday Testing: The finish coat (except zinc primer and galvanizing) shall be tested by the Contractor in the presence of the Engineer for holidays and discontinuities with an electrical holiday detector of the low-voltage, wet-sponge type. Detector shall be provided as manufactured by Tinker, Rasor, K-D Bird Dog, or approved equal. D. Repair: If the item has an improper finish, color, insufficient film thickness, or holidays, the surface shall be cleaned and top-coated with the specified paint material to obtain the specified color and coverage. Visible areas of chipped, peeled, or abraded paint shall be hand or power-sanded, feathering the edges. The areas shall then be primed and finish 05/27/09 PAINTING AND COATING CARLSBAD MASTER SPECIFICATIONS 09900-5 MARBELLA WALL BEAUTIFICATION IMPROVEMENTS coated in accordance with the Specifications. Work shall be free of runs, bridges, shiners, laps, or other imperfections. 3.7 CLEANUP Upon completion of all painting and coating Work, the Contractor shall remove all surplus materials and rubbish. The Contractor shall repair all damage and shall leave the premises in a clean and orderly condition. 05/27/09 PAINTING AND COATING CARLSBAD MASTER SPECIFICATIONS 09900-6 MARBELLA WALL BEAUTIFICATION IMPROVEMENTS SECTION 09961 GRAFFITI RESISTANT COATING 1. PART 1 - GENERAL 1.1. THE REQUIREMENT A. THE CONTRACTOR shall furnish all tools, equipment, materials, and supplies and shall perform all labor required to complete the work as indicated in the Contract Documents and specified herein. B. Graffiti resistant coating applied to exterior masonry surfaces. 1.2. RELATED WORK SPECIFIED ELSEWHERE A. Section 09900 - Painting. 1.3. QUALITY ASSURANCE A. Coating Systems Manufacturer: Company specializing in VOC approved graffiti systems with three years minimum experience. B. Applicator: Company specializing in application of specified coating, with 3 years minimum documented experience and approved by manufacturer. 1.4. CONTRACTOR SUBMITTALS A. Material/Installation Data 1. Provide detailed product description, tests performed, limitations to coating, cautionary procedures required during application, and chemical properties, including percentage of solids. 2. Submit manufacturer's installation instructions. 1.5. ENVIRONMENTAL REQUIREMENTS A. Do not apply coating when ambient air and surface temperature is lower than 41 degrees F within 24 hours of application. B. Do not apply coating when ambient humidity exceeds 80 percent within 8 hours before or after application. 2. PART 2 - PRODUCTS 2.1. MANUFACTURERS A. Basis of Design: Characteristics of specific products, where named in this Section, are indicated to establish required level of quality, appearance, and performance. The Architect will consider comparable products by alternate manufacturers where listed, and requests for substitutions, under the provisions of Section 01610. 05/27/09 GRAFFITI RESISTANT COATING CARLSBAD MASTER SPECIFICATIONS 09961-1 MARBELLA WALL BEAUTIFICATION IMPROVEMENTS 2.2. GRAFFITI RESISTANT COATING A. Manufacturer: 1. Prosoco Inc. phone (714)-454-9889, or approved equal. B. Product Series: Blok-Guard & Graffiti Control. B. Characteristics: Solvent based silicone elastomer, VOC compliant formulation. D. Finish/Color 1. Finish: No sheen or change in substrate. 2. Color: Clear. 2.3. MASONRY CLEANER A. Provide recommended ProSoCo SureClean masonry cleaner. 2.4. GRAFFITI REMOVAL SOLVENT A. Provide ProSoCo Defacer/Eraser Graffiti Remover, in quantities specified in Article 3.4. 2.5. OTHER MATERIALS A. Provide all other materials, not specifically described but required for complete and proper installation of this work, as selected by the contractor and subject to the approval of the Architect. 3. PART 3 - EXECUTION 3.1. SURFACE CONDITIONS A. Inspection 1. Prior to work of this section, carefully inspect previously installed work. Verify all such work is complete to the point where this installation may properly commence. 2. Verify that work of this section may be installed in strict accordance with the original design, all pertinent codes and regulations, and all pertinent portions of the referenced standards. a. Verify joint sealants are installed and cured. b. Verify surfaces to be coated are dry, clean, and free of efflorescence, oil, or other matter detrimental to application of coating. 3. In the event of discrepancy, immediately notify the Architect. 4. Do not proceed with installation in areas of discrepancy until all such discrepancies have been fully resolved. 05/27/09 GRAFFITI RESISTANT COATING CARLSBAD MASTER SPECIFICATIONS 09961-2 MARBELLA WALL BEAUTIFICATION IMPROVEMENTS 3.2. PREPARATION A. Remove loose particles and foreign matter. B. Clean surfaces with recommended cleaner. C. Scrub and rinse surfaces with water and let dry for minimum 24 hours. D. Protect adjacent surfaces not scheduled to receive coating. E. If applied on unscheduled surfaces, remove immediately, by approved method. 3.3. APPLICATION A. Apply coating in accordance with manufacturer's instructions, as modified for substrate and site conditions. B. Apply at manufacturers recommended rate. 1. Apply using spray equipment, maintaining "wet-on-wet" process, in two-pass method. 2. Stir material prior to application and periodically during installation. 3. Apply two coats. 4. Brush out any runs or sags immediately. 3.4. MAINTENANCE STOCK B. Provide one (1) gallon of specified graffiti removal coating. C. Provide one (1) gallon of coating. 05/27/09 GRAFFITI RESISTANT COATING CARLSBAD MASTER SPECIFICATIONS 09961-3 MARBELLA WALL BEAUTIFICATION IMPROVEMENTS