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HomeMy WebLinkAboutReal Estate Renovations Inc; 2010-06-04; PWS10-33PKSCITY OF CARLSBAD San Diego County California CONTRACT DOCUMENTS, GENERAL PROVISIONS, SUPPLEMENTAL PROVISIONS, AND TECHNICAL SPECIFICATIONS FOR STAGECOACH PARK RESTROOMS REFURBISHMENT CONTRACT NO. PKS 09-03 BID NO. PWS10-33PKS Revised 03/25/09 Contract No PKS 09-03 Page 1 of 140 Pages TABLE OF CONTENTS Item Page Notice Inviting Bids 5 Contractor's Proposal 9 Bid Security Form 14 Bidder's Bond to Accompany Proposal 15 Guide for Completing the "Designation Of Subcontractors" Form 17 Designation of Subcontractor and Amount of Subcontractor's Bid Items 19 Bidder's Statement of Technical Ability and Experience 20 Bidder's Certificate of Insurance for General Liability, Employers' Liability, Automotive Liability and Workers' Compensation 21 Bidder's Statement Re Debarment 22 Bidder's Disclosure of Discipline Record 23 Non-Collusion Affidavit to Be Executed by Bidder and Submitted with Bid 25 Contract Public Works 26 Labor and Materials Bond 32 Faithful Performance/Warranty Bond 34 Optional Escrow Agreement for Surety Deposits in Lieu of Retention 36 Revised 03/25/09 Contract No PKS 09-03 Page 2 of 140 Pages GENERAL PROVISIONS Section 1 Terms, Definitions Abbreviations and Symbols 1-1 Terms 39 1-2 Definitions 40 1-3 Abbreviations 44 1-4 Units of Measure 47 Section 2 Scope and Control of The Work 2-1 Award and Execution of Contract 49 2-2 Assignment 49 2-3 Subcontracts 49 2-4 Contract Bonds 50 2-5 Plans and Specifications 51 2-6 Workto be Done 55 2-7 Subsurface Data 55 2-8 Right-of-Way 55 2-10 Authority of Board and Engineer 55 2-11 Inspection 56 Section 3 Changes in Work 3-1 Changes Requested by the Contractor 56 3-2 Changes Initiated by theAgency 56 3-3 Extra Work 58 3-4 Changed Conditions 60 3-5 Disputed Work 61 Section 4 Control of Materials 4-1 Materials and Workmanship 64 4-2 Materials Transportation, Handling and Storage 68 Section 5 Utilities 5-1 Location 68 5-2 Protection 68 5-3 Removal 69 5-4 Relocation 69 5-5 Delays 70 5-6 Cooperation 71 Section 6 Prosecution, Progress and Acceptance of the Work 6-1 Construction Schedule and Commencement of Work 71 6-2 Prosecution of Work 73 6-3 Suspension ofWork 74 6-4 Default by Contractor 74 6-5 Termination of Contract 75 6-6 Delays and Extensions of Time 75 6-7 Time of Completion 76 6-8 Completion, Acceptance, and Warranty 77 6-9 Liquidated Damages 77 6-10 Use of Improvement During Construction 78 Revised 03/25/09 Contract No PKS 09-03 Page 3 of 140 Pages Section 7 Responsibilities of the Contractor 7-1 Contractor's Equipment and Facilities 78 7-2 Labor 78 7-3 Liability Insurance 78 7-4 Workers' Compensation Insurance 78 7-5 Permits 79 7-6 The Contractor's Representative 79 7-7 Cooperation and Collateral Work 79 7-8 Project Site Maintenance 80 7-9 Protection and Restoration of Existing Improvements 82 7-10 Public Convenience and Safety 82 7-11 Patent Fees or Royalties 85 7-12 Advertising 85 7-13 Laws to be Observed 85 7-14 Antitrust Claims 86 Section 8 Facilities for Agency Personnel 8-1 General 86 Section 9 Measurement and Payment 9-1 Measurement of Quantities for Unit Price Work 86 9-2 Lump Sum Work 86 9-3 Payment 86 Part 2 Section 201 201-1 201-3 Section 213 213-3 Appendix A Appendix B Appendix C SUPPLEMENTAL PROVISIONS TO PART 2 OF THE SSPWC Construction Materials Concrete, Motor and Other Related Materials Chemical Admixtures 90 Expansion Joint Filler and Joint Sealants 90 Engineering Fabrics Erosion Control Specialties 91 92 97 116 Revised 03/25/09 Contract No PKS 09-03 Page 4 of 140 Pages CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS UNTIL 2:00 P.M. ON APRIL 8, 2010, 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: Refurbishment of two (2) restrooms at Stagecoach Community Park. STAGECOACH PARK RESTROOMS REFURBISHMENT CONTRACT NO. PKS 09-03 BID NO. PWS10-33PKS 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 General Services Department. The specifications for the work include City of Carlsbad Technical Specifications and the Standard Specifications for Public Works Construction, Parts 2 & 3, 2006 Edition, and the 2007 Supplements thereto, 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. Revised 03/25/09 Contract No PKS 09-03 Page 5 of 140 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 $55,000.00 (Fifty-five Thousand Dollars) 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: B. General Building. 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 $ 20 per set. If plans and specifications are to be mailed, the cost for postage should be added. Revised 03/25/09 Contract No PKS 09-03 Page 6 of 140 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 Manager 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 MANDATORY pre-bid meeting and tour of the project site will be held on March 23, 2010, 10:00 a.m. at Stagecoach Community Park Community Center located at 3420 Camino de los Coches in the City of Carlsbad. UNIT PRICES AND COMPUTATION OF BIDS All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or written in with ink and must be initialed in ink by a person authorized to sign for the Contractor. ADDENDUMS Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid. BOND AND INSURANCE REQUIREMENTS The Contractor shall provide bonds to secure faithful performance and warranty of the work in an amount equal to one hundred percent (100%) of the Contract price on this project. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to one hundred percent (100%) of the total amount payable by the terms of the contract. These bonds shall be kept in full force and effect during the course of this project, and shall extend in full force and effect and be retained by the 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. A•K Revised 03/25/09 Contract No PKS 09-03 Page 7 of 140 Pages 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. February 12, 2010 Date Deputy City Clerk Revised 03/25/09 Contract No PKS 09-03 Page 8 of 140 Pages CITY OF CARLSBAD STAGECOACH PARK RESTROOMS REFURBISHMENT CONTRACT NO. PKS 09-03 CONTRACTOR'S PROPOSAL City Council City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans, Specifications, General Provisions, Contract Documents, and addenda thereto, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work to complete Contract No. PKS 09-03 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" RESTROOM REFURBISHMENT Approximate Item Quantity Unit No. Description and Unit Price Total A-1 Refurbish Restrooms at LS $ _ $ rfr, k^ 7» Stapecoach Park at Dollars (Lump Sum) Total amount of bid in wnrrts for Schedule "A": 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). _ has/have been received and is/are included in this proposal. OPENED, WITNESSED AND R , SIGNAL Revised 03/25/09 Contract No PKS 09-03 Page 9 of 140 Pages The Undersigned has carefully checked all of the above figures and understands that the City will not be responsible for any error or omission on the part of the Undersigned in preparing this bid. The Undersigned agrees that in case of default in executing the required Contract with necessary bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, the City may administratively authorize award of the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do business or act in the capacity of a contractor within the State of California, validly licensed under license number 4^333613 _ , classification {>*> _ which expires on "7/3///Q _ , and that this statement is true and correct and has the legal effect of an affidavit. A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City § 7028. 15(e). In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. However, at the time the contract is awarded, the contractor shall be properly licensed. The Undersigned bidder hereby represents as follows: 1. That no Council member, officer agent, or employee of the City of Carlsbad is personally interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no representation, oral or in writing, of the City Council, its officers, agents, or employees has inducted him/her to enter into this Contract, excepting only those contained in this form of Contract and the papers made a part hereof by its terms; and 2. That this bid is made without connection with any person, firm, or corporation making a bid for the same work, and is in all respects fair and without collusion or fraud. Accompanying this proposal is $, , # _ (Cash, Certified Check,Bnd 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. Revised 03/25/09 Contract No PKS 09-03 Page 10 of 140 Pages Check a License or Home Improvement Salesperson (HIS) Registration - Contractors Stat... Page 1 of 1 Department of Consumer Affairs Contractors State License Board Contractor's License Detail - License # 493353 •a 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&P7124.6). 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. ••s> Due to workload, there may be relevant information that has not yet been entered onto the Board's license database. License Number: Business Information: Entity: Issue Date: Reissue Date: Expire Date: License Status: Classifications: Bonding: Workers' Compensation: Miscellaneous Information: 493353 Extract Date: 04/08/2010 REAL ESTATE RENOVATIONS INC PO BOX 4198 OCEANSIDE, CA 92052 Business Phone Number: (760) 433-5419 Corporation 06/13/1986 07/19/2004 07/31/2010 This license is current and active. All information below should be reviewed. CLASS DESCRIPTION B GENERAL. BUILDING CONTRACTOR CONTRACTOR'S BOND This license filed Contractor's Bond number GCL1233312 in the amount of $12,500 with the bonding company OLD REPUBLIC SURETY COMPANY. Effective Date: 07/19/2008 Contractor's Bonding History BOND OF QUALIFYING INDIVIDUAL 1. The Responsible Managing Officer (RMO) ROBERT MARTIN LENTZ JR 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: 07/19/2004 This license has workers compensation insurance with the CALIFORNIA INSURANCE COMPANY Policy Number: 460022580105 Effective Date: 06/01/2009 Expire Date: 06/01/2010 Workers' Compensation History DATE 07/19/2004 DESCRIPTION LICENSE REISSUED TO ANOTHER ENTITY Conditions of Use [ Privacy Policy Copyright © 2010 State of California https://www2.cslb.ca.gov/OnlineServices/CheckLicense/LicenseDetail.asp 4/8/2010 IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: (1) Name under which business is conducted (2) Signature (given and surname) of proprietor (3) Place of Business City and State (4) Zip Code Telephone No. (5) E-Mail (Street and Number) IF A PARTNERSHIP, SIGN HERE: (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. City and State (4) Zip Code (5) E-Mail (Street and Number) Telephone No. oRevised 03/25/09 Contract No PKS 09-03 Page 11 of 140 Pages IF A CORPORATION. SIGN HERE: (1) Name under which business is conducted (2) (Signature) (Title) Impress Corporate Seal here (3) Incorporated under the laws of the State of (4) Place of Business \D5~ Of) MjruOnpJi UOdbu, A City and State (StreeUpnd Number) C/V (5) Zip Code ' ^ _ Telephone No. lifO (6) E-Mail ll*-JU^@ &^ ^fc^&^Mf-^t n& , NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED Revised 03/25/09 Contract No PKS 09-03 Page 12 of 140 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 1 \ ! 1i.. TO^X^X^X7OCXX=X^^<^X7«C5<V5«<^X^X^«CX^ State of California v. County of ;<M\. VX £^1 O On /4-TX'ii ~1 c&MO before | Date . personally appeared L-\ *V ^^/0<iORc>fte<ftC7<>/0 me, oQJf~iK<: } ^T^ l^V\ L^)^^AA JV,lt^U r^Ol1 <C . , " Here Insert llame and Title ofthe Officer/ JU Leva-z.^ l w e s t< 1 x£3C&. SERINA KIM LOGAN t ^ + /JLrAJj& Commission # 1 757222 I It^^^KJ Notary Public - California 1 P « \SSb»&/ San Diego County ^ P 4 ^*3»*^ MyComrtExplresAugl2,20T^C \i P V c Place Notary Seal and/or Stamp Above ODT/O/ Name(s) of Signer(s) /ho proved to me on the basis of satisfactory vidence to be the person(js) whose name(s) is/ate ubscribed to the within instrument and acknowledged D me that he/she/they executed the same in (ts/her/tberr authorized capacity(ies), and that by rti/her/thfeTr signature^ on the instrument the erson(s), or the entity upon behalf of which the ersonj^s) acted, executed the instrument. certify under PENALTY OF PERJURY under the iws of the State of California that the foregoing aragraph is true and correct. VITNESS my hand and official seal. A Signature:, X^AUw^ ^-^^^/^(M Signature of Notary Public V \it • i \ \ Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document { i ^x \ Title or Tvpe of Document: ffrTV °V T *(. C u)Y 5 V^ L) L& ^ \ Document Date: Signer(s) Other Than Named Above Capacity(ies) Claimed by Sign* Signer's Name: D Corporate Officer — Title(s): C] Individual n Partner — D Limited D General G Attorney in Fact D Trustee n Guardian or Conservator D Other: Sianer Is Representina: sr(s) RIGHT THUMBPRINT OF SIGNER Top of thumb here Number of Pages: ^5 Signer's Name: D Corporate Officer — Title(s): HBUOittiliy^^^^^^^^^^H OFRinNFR D Partner — D Limited D General Top of thumb here D Attorney in Fact D Trustee D Guardian or Conservator D Other: Sianer Is Representina: I 1 1 1 1 1 1 1 I 1 I 1| I 11 1 1 | !iitxJtSKX ©2008 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1 -800-876-6827 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: Revised 03/25/09 Contract No PKS 09-03 Page 13 of 140 Pages BID SECURITY FORM (Check to Accompany Bid) STAGECOACH PARK RESTROOMS REFURBISHMENT CONTRACT NO. PKS 09-03 (NOTE: The following form shall be used if check accompanies bid.) Accompanying this proposal is a *Certified *Cashiers check payable to the order of CITY OF CARLSBAD, in the sum of dollars ($ ), this amount being ten percent (10%) of the total amount of the bid. The proceeds of this check shall become the property of the City provided this proposal shall be accepted by the City through action of its legally constituted contracting authorities and the undersigned shall fail to execute a contract and furnish the required Performance, Warranty and Payment Bonds and proof of insurance coverage within the stipulated time; otherwise, the check shall be returned to the undersigned. The proceeds of this check shall also become the property of the City if the undersigned shall withdraw his or her bid within the period of fifteen (15) days after the date set for the opening thereof, unless otherwise required by law, and notwithstanding the award of the contract to another bidder. BIDDER *Delete the inapplicable word. (NOTE: If the Bidder desires to use a bond instead of check, the Bid Bond form on the following pages shall be executed-the sum of this bond shall be not less than ten percent (10%) of the total amount of the bid.) Revised 03/25/09 Contract No PKS 09-03 Page 14 of 140 Pages BOND NO - 1000843794-01 BIDDER'S BOND TO ACCOMPANY PROPOSAL STAGECOACH PARK RESTROOMS REFURBISHMENT CONTRACT NO. PKS 09-03 KNOW ALL PERSONS BY THESE PRESENTS: I,™ TTQTATF KFNOVATTONS INC AMERICAN CONTRACTORS INDEMNITYThat we, REAL ESTATE RENOVATIONS, IMC. gg Prindpal and COMPANY as Surety are held and firmly bound unto the City of Carlsbad, California, in an amount as foHows: (must be at least ten percent (10%) of the bid amount) * 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 tf the proposal of ttw above- bounden Principal for STAGECOACH PARK RESTROOMS REFURBISHMENT CONTRACT NO. PKS 09-03 In the City of Carlsbad, fs accepted by the City Council, and rf 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 eald sward, then this obligation shall become null and void; otherwise, ft shad be and remain in full force and effect and the amount specified herein shall be forfeited to the said City. * NOT TO EXCEED SIX THOUSAND FIFTY DOLLARS AND 00/100 ($6,050.00) Rw/iMd 03/25/09 Contract No PKS 09-03 Page 19 of UO Pag* In the event Principal executed this bond as an individual, rt is agreed that the death of Principal shall not exonerate the Surety from its obligations under this bond. Executed by PRINCIPAL this 7TH.. day of. PRINCIPAL: REALx^STATE RENOVATIONS, INC. (name < .-20 10 By..•S (print name hare) (Title and Organization 'of Signatory) By: [jLA4~M-f\. (sign hen*) (print name here) (Utl© and organisation of signatory) ' .dayExecuted by SURETY this of APRIL SURETY: AMERICAN CONTRACTORS INDEMNITY COMPANY (name of Surety) 625 THE CITY DR. S., SUITE 130, ORANGE, CA 92868 (address of Surety) 714-740-7000 ___ (telephone numbe (signature PAUL S. DITO (printed name of Attomey-fn-Facty (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 By:. Deputy City Attorney Revise? 03/25/03 Contract No PKS 09-03 Page 1fl of 140 Pases ALL-PURPOSE ACKNOWLEDGMENT State of California County of On £>J SS. _, before me,__, Notary Public, DATE personally appeared _-_, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. M. PHELAN Com #1857949 NOTARY PUBLIC-CALIFORNIASAN DIEGO COUNTYMY COMX, fay. Auo. 10.2013 WITNESS my hand and official seal. NOTARY'S SIGNATURE PLACE NOTARY SEAL IN ABOVE SPACE ^«™ OPTIONAL INFORMATION The information below is optional. However, it may prove valuable and could prevent fraudulent attachment of this form to an unauthorized document. TITLE(S) CAPACITY CLAIMED BY SIGNER (PRINCIPAL) G INDIVIDUAL G CORPORATE OFFICER G PARTNER(S) G ATTORNEY-IN-FACT G TRUSTEE(S) G GUARDIAN/CONSERVATOR n OTHER: DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER (PRINCIPAL) IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) RIGHT THUMBPRINT OF SIGNER OTHER APA 01/2008 NOTARY BONDS, SUPPLIES AND FORMS AT HTTP:/AVWW.VALLEY-SIERRA.COM © 2005-2008 VALLEY-SIERRA INSURANCE CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of _ Orange On APRIL 7TH, 2010 before me, Date personally appeared _ Chris Theveny, Notary Public Here Insert Name and Title of the Officer Paul S. Dito Name(s) of Signer(s) o CHMSTHEVIW Commission* 1797107 Notary Public - California { Orange County MyCornrnExi Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my Signature OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Bond No.1000843794-01 Signer(s) Other Than Named Above: Number of Pages: Capacity(ies) Claimed by Signer(s) Paul S. DitoSigner's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General Kffl Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: American Contractors RIGHTTHUMBPRINT OF SIGNER Indemnity Company Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Solo Ave., RO.Box 2402-Chatsworth,CA 91313-2402-www.NationalNotary.org Item ((5907 Reorder: Call Toll-Free 1-800-876-6827 POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company of the State of California, a California corporation, United States Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, A Texas corporation (collectively, the "Companies"), do by these presents make, constituted and appoint: Paul S. Dito, Paula LaSalle, Denise Renderos, Freddy Anvari, Carmina Macias or Khoi Tran of Orange, California its true and lawful Attorney(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of surteyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed ****Three Million***** Dollars ($ ***3.000.000.00*** ). This Power of Attorney shall expire without further action on December 8, 2012. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject-to the following provisions: Attorney-In-Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 15th day of June, 2009. AMERICAN CONTRACTORS ITin>EMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY Corporate Seals By:. Daniel P. Aguilar, Vice President State of California County of Los Angeles SS: On this 15th day of June, 2009, before me, V. Wright, a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in Iris authorized capacity, and that by his signature on the instrument the person(s), or the entity upon behalf of which the persoh(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Signature (Seal) V. WRIGHT Commission * 1826148 Nctsfy Public - California Los Angelji County - MF Carnm. Expires D»c 8,201j I, Jeannie J. Kim, Assistant Secretary of American Contractors Indemnity Coaspaay, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set myiiand and affixed the seals of said Companies at Los Angeles, California this 7TH of APRIL 2010 . Corporate Seals Bond No.1000843794-011 Agency No. 9007 day Jeannie J. Kim, Assistant Secretary 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 65 percent of the work by subcontractors or otherwise to be performed by forces other than the Bidder's own organization will be rejected as non-responsive. Specialty items of work that may be so designated by the Engineer on the "Contractor's Proposal" are not included in computing the percentage of work proposed to be performed by the Bidder. INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every subcontractor whom the Bidder proposes to perform work or labor or render service in or about the work or improvement, and every subcontractor licensed as a contractor by the State of California whom the Bidder proposes to specially fabricate and install any portion of the work or improvement according to detailed drawings contained in the plans and specifications in excess of one-half of one percent (0.5%) of the Bidder's total bid or, in the case of bids or offers for the construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000) whichever is greater. Said name(s) and location(s) of business of subcontractor(s) shall be set forth and included as an integral part of the bid offer. The Designation of Subcontractors form must be submitted as a part of the Bidder's sealed bid. Failure to provide complete and correct information may result in rejection of the bid as non- responsive. Suppliers of materials from sources outside the limits of work are not subcontractors. The value of materials and transport of materials from sources outside the limits of work, as shown on the plans, shall be assigned to the Contractor or the Subcontractor as the case may be, that the Bidder proposes as installer of said materials. The value of material incorporated in any Subcontractor- installed bid item that is supplied by the Bidder shall be included as a part of the work that the Bidder proposes to be performed by the Subcontractor installing said item. When a Subcontractor has a Carlsbad business license, the number must be entered on the proper form. If the Subcontractor does not have a valid business license, enter "NONE" in the appropriate space. When the Bidder proposes using a Subcontractor to construct or install less than 100 percent of a bid item, the Bidder shall attach an explanation sheet to the Designation of Subcontractor form. The explanation sheet shall clearly apprise the City of the specific facts that show the Bidder proposes to perform no less than Thirty-five percent (35%) 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 PKS 09-03 Page 17 of 140 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 PKS 09-03 Page 18 of 140 Pages DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS (To Accompany Proposal) STAGECOACH PARK RESTROOMS REFURBISHMENT CONTRACT NO. PKS 09-03 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 t/CLl *~J-t ^ 0 , Subcontractor Name and Location of Business Colorujofl/A fcuL*^£-i^f FhQ Citt&*-te*b/. * &><U>-^uUi C* <3 t&l'^ Subcontractor's License No. and Classification* <?03<W-I /b*>3 Amount of Work by Subcontractor in Dollars* i^^i^0.o-o Page I of / 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 PKS 09-03 Page 19 of 140 Pages BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) STAGECOACH PARK RESTROOMS REFURBISHMENT CONTRACT NO. PKS 09-03 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 Name and Phone No. of Person to Contract Type of Work Amount of Contract U&t/ltt" /ot J^J>;_^53, 770 .d 1io (o ) li/O f/¥ Revised 03/25/09 Contract No PKS 09-03 Page 20 of 140 Pages BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION (To Accompany Proposal) STAGECOACH PARK RESTROOMS REFURBISHMENT CONTRACT NO. PKS 09-03 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: [vf Comprehensive General Liability D Automobile Liability E^K Workers Compensation Of Employer's Liability 2) Statement with an insurance carrier's notarized signature stating that the carrier can, and upon payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for Comprehensive General Liability, Automobile Liability, Workers Compensation and Employer's Liability in conformance with the requirements herein and Certificates of insurance to the Agency showing conformance with the requirements herein. All certificates of insurance and statements of willingness to issue insurance for auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated in The Notice Inviting Bids and the General Provisions for this project for each insurance company that the Contractor proposes. 2) Cover 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 PKS 09-03 Page 21 of 140 Pages MflY-17-2010 01:40P FROM:COflKLEY INS flGENCY 760-231-5327 70:17604339201 P.2 ACORD* CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDO/YYYY) 05/17/2010 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S). AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the polley(ies) must be endorsed. If SUBROGATION IS WAIVED, cubject 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 endorsements). PRODUCER Coakley Insurance Agency 311 Pennyroyal Way Oceanslde, CA 92057 INSURED Real Estate Renovations, Inc. 105 Copperwood Drive Oceanslde, CA 92058 NAME?" Stefany A. Coakley K.,^ 760-828-0223 TA/C ADDRESS: clastef@cox.net PRODUCER CUSTOMER IDi: INSURERIS) AFFORDING COVERAGE INSURER A: Navigators Insurance Company INSURER B : INSURER C : No). 760-231-S327 NAIC* INSURER 0 : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSH LTR, A TYPE OF INSURANCE GE 2 ^•BB GE AU1 •M ••• ••• »•• •Mi YERAL LIABILITY blMERCIAL GENERAL LIABILITY CLAIMS-MADE [/I OCCUR f L AGGREGATE LIMIT APPLIES PER: 1 POLICY |~~| 58$ PlLOC FOMOBILE LIABILITY ANY ALTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NONX3WNED AUTOS UMBRELLA LIAB EXCESS DAB - ADDLSUBRiN3ft)wvD El r OCCUR CLAIMS-MADE DEDUCTIBLE RETENTION $ WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY y/N ANY PROPRieroWPARTNER/EXECUTIVE | 1OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yaa. ctoscribo und»r DESCRIPTION OF OPERATIONS below n N/A a E3 n n 0 n POLICY NUMBER 04-N0009043 POLICY EFF[MM/DDiYYYYi OS/14/2010 POLICY EXPIHM/OD/YYYYI 05/14/2011 LIMITS EACH OCCURRENCE DAMAGE TO RENTED PREMISES (E« occurrence MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGO COMBINED SINGLE LIMIT (Ea aeekunt) BODILY INJURY (P«r panon) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) EACH OCCURRENCE AGGRFOATF 1 WCSTATU- 1 IOTH-J TORY i HJITS 1 1 pp E.L. EACH ACCIDENT El. DISEASE - EA EMPLOYEE E.L. DISEASE • POLICY LIMIT j 1,000,000 s 60,000 $ 5,000 $ 1,000,000 $ 1,000,000 $ 1,000,000 *$ $ $ $ t $ *$ $ $ J $ $ DESCRIPTION OF OPERATIONS / LOCATIONS 1 VEHICLES (Attich ACORD 101, AddKkmil Rimirtu Sctwdule, If more tp«c» It raqulnd) It Is hereby understood and agreed that the policy to which this Certificate refers may not be canceled, materially changed, nor the amount of coverage thereof reduced until ten (10) days after receipt of written notice of cancellation or reduction In coverage by the city clerk or the City of Carlsbad. Coverage under this policy shall be primary and non contributory with any other Insurance available to the City of Carlsbad. CERTIFICATE HOLDER CANCELLATION City of Carls bad Public Works Purchasing Dept. 1635 Faraday Ave. Carlsbad, CA 92008-7314 i SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE /) /^ «/\ Stefany A. Coakley, OwnefgOV s y| (j% ® 1988-2009 A/ORDyCtoRfcORATION. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD / / -^ V/ All rifcHtm reserved. Prodund utlng Form* BOM W*b ultMra. www.FonmBoM.com; e ImpraMln Publishing IOO-iO>-1177 MflY-17-2010 01:40P FROM:COPKLEY INS PtGENCY 760-231-53E7 10:17604339201 P.3 BLANKET ADDITIONAL INSUREDS- OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Policy Number: 04-N0009043 Named Insured: REAL ESTATE RENOVATIONS, INC DBA: Endorsement Effective: 5/17/2010 Countersigned By: SCHEDULE Name of Person or Organization: THE CITY OF CARLSBAD. 1635 FARADAY AVE CARLSBAD, CA, 92008 Location: 3420 CAMINO DE LOS COCHES, CARLSBAD, CA, 92009 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section II -Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only to the extent that the person or organization shown in the Schedule is held liable for your acts or omissions arising out of your ongoing operations performed for that insured. B. With respect to the insurance afforded to these additional insureds, the following exclusion is added: 2. Exclusions This insurance does not apply to "bodily injury1 or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or (2) That portion of'Your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. The words "you" and "your" refer to the Named Insured shown in the Declarations. D. 'Your work" means work or operations performed by you or on your behalf; and materials, parts or equipment furnished in connection with such work or operations. Primary Wording If required by written contract or agreement Such insurance as is afforded by this policy shall be primary insurance, and any insurance or self-insurance maintained by the above additional insured(s) shall be excess of the insurance afforded to the named insured and shall not contribute to it. Waiver of Subrogation If required by written contract or agreement: We waive any right of recovery we may have against an entity that is an additional insured per the terms of this endorsement because of payments we make for injury or damage arising out of "your work" done under a contract with that person or organization. ANF- ES 043 (5/2006) 05/28/2010 10:38 7604339201 PAGE 02/02 CERTIFICATE OF INSURANCE SUCH INSURANCE AS RESPECTS THE INTEREST OF THE CERTIFICATE HOLDER NAMED BELOW WILL NOT BE CANCELED OR OTHERWISE TERMINATED WITHOUT GIVING 10 DAYS PRIOR WRITTEN NOTICE TO THE CERTIFICATE HOLDER, BUT IN NO EVENT SHALL THIS CERTIFICATE BE VALID MORE THAN 30 DAYS FROM THE DATE WRITTEN. THIS CERTIFICATE OF INSURANCE DOES NOT CHANGE THE COVERAGE PROVIDED BY ANY POLICY DESCRIBED BELOW. This certifies that: g| STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY of Eloomington, Illinois D STATE FARM FIRE AND CASUALTY COMPANY of Bloomington, Illinois D STATE FARM COUNTY MUTUAL INSURANCE COMPANY OF TEXAS of Dallas, Texas , Or P STATE FARM INDEMNITY COMPANY of Bloomington, Illinois has coverage in force for the following Named Insured as shown below: NAMED INSURED: Real Estate Renovations Inc. ADDRESS OF NAMED INSURED: P.O. Box 4198 Oceanside, Ca 92052 POLICY NUMBER EFFECTIVE DATE OF POLICY DESCRIPTION OF VEHICLE (Including VIN) LIABILITY COVERAGE LIMITS OF LIABILITY g. Bodily Injury Each Person Each Accident b. Property Damage Each Accident c. Bodily Injury & Property Damage Single Limit Each Accident PHYSICAL DAMAGE COVERAGES a. Comprehensive b, Collision EMPLOYERS NON-OWNED CAR LIABILITY COVERAGE HIRED CAR LIABILITY COVERAGE FLEET - COVERAGE FOR ALL OWNED AND LICENSED MOTOR VEHICLES 190 2278-A2S-55 05/20/10-H/20/10 OS Toyota Tund.ra 19C 2277-E20-55 IEI YES D NO 1,000,000 j 1,000,000 1,000,000 IS YES n NO $ 250 Deductible KJYES DNO $ 500 Deductible S YES D NO D YES D NO D YES D NO D YES D NO D YES D NO $ Daduetible D YES D NO $ Deductible DYES DNO D YES D NO D YES D NO n YES n NO n YES n NO $ Deductible D YES Q NO $ Deductible D YES D NO D YES D NO n YES n NO n YES n NO LZ! YES D NO $ Deductible D YES D NO $ Deductible D YES D NO Q YES D NO D YES D NO AGENT 7026 05/27/10 Signature of Authorized Representative Name and Address of Cerlificgte Holder Title Agent's Code Number Name and Address of Agent Data City of Carlsbad 1635 Faraday Ave Carlsbad ca 92008 Hugh Kollarsao9 Piaza or. noe Oceanside, CA 92056 INTERNAL STATE FARM USE ONLY: D Request permanent Certificate of Insurance for liability coverage, 123429.2 Rev, 05-10-200! S Request Certificate Holder to be added as an Additional Insured. ACORDM CERTIFICATE OF LIABILITY INSURANCErun PRODUCER AU Insurance Services PO Box 3646 Omaha, NE 68103-0646 (877)234-4420 INSURED Real Estate Renovations, Inc. PO Box 4198 Oceanside, CA 92052-4198 CTL 1273 458700 DATE (MM/DD/YYYY) 05/21/09 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION 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 iNSURERA:California Insurance Company INSURERS: INSURER C: INSURER D: INSURERS: NAIC# 236118 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.INSR ADD'LLTR INSRD; TYPE OF INSURANCE POLICY NUMBER GENERAL LIABILITY POLICY EFFECTIVE DATE (MM/DD/YY) ! COMMERCIAL GENERAL LIABILITY ' !~±~i — ii OCCUR | I GEN'L AGGREGATE LIMIT APPLIES PER: : I ; POLICY | ^ER°T LOC ! ! AUTOMOBILE LIABILITY ! 1 i j_ ANY AUTO i ' ALL OWNED AUTOS i : 'SCHEDULED AUTOS 'HIRED AUTOS | NON-OWNED AUTOS i ' ! GARAGE LIABILITY ! ANY AUTO EXCESS/UMBRELLA LIABILITY ^_ j OCCUR j_ 1 CLAIMS MADE : , ( DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY A ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below OTHER 46-002258-01-05 06/01/09 POLICY EXPIRATION DATE (MM/DD/YY) 06/01/10 LIMITS EACH OCCURANCE DAMAGE TO RENTED PREMISES (Ea occurence) MED EXP (any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY(Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) AUTO ONLY - EA ACCIDENT OTHER THAN EAACC AUTO ONLY: ^ EACH OCCURENCE AGGREGATE WC STATU- I OTH- X TORY LIMITS 1 ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $1,000,000 $1,000,000 $1,000,000 CERTIFICATE HOLDER CANCELLATION Real Estate Renovations Inc. PO Box 4198 Oceanside, CA 92052 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED 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 AUTHORIZED REPRESENTATIV^"7> ^*" ^*0* £ &*^'*y'fZZ-~~' "" OD78336 ACORD 25 (2001/08)© ACORD CORPORATION 1988 ACORDu CERTIFICATE OF LIABILITY INSURANCE "ol/SS/K -•RODUCER AU Insurance Services PO Box 3646 Omaha, NE 68103-0646 (877)234-4420 INSURED Real Estate Renovations, Inc. PO Box 4198 Oceanside, CA 92052-4198 CTL 1273 505310 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION 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 iNSURERA:California Insurance Co. INSURERS: INSURER C: INSURER D: INSURERS: NAIC# 38865 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR WD'LI LTR fisRDl TYPE OF INSURANCE GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY j CLAIMS MADE j JOCCUR i1 i GEN1 AGGREGATE LIMIT APPLIES PERni 1 Don 1 1Dm IPV rKU- | p.pPOLICY [ JJ£CT | [LOC h'OMOBILE LIABILITY ANY AUTO1 ; ALL OWNED AUTOS 1 1^SCHEDULED AUTOS 1 i HIRED AUTOS |_ NON-OWNED AUTOS I-- ! : GARAGE LIABILITY 1 ! j ANY AUTO | I EXCESS/UMBRELLA LIABILITY • 1 j OCCUR j j CLAIMS MADE DEDUCTIBLE I RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY A ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes. descrbe under ! SPECIAL PROVISIONS below POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) 46-002258-01-06 OTHER | 06/01/10 POLICY EXPIRATION DATE (MM/DD/YY) 06/01/11 LIMITS EACH OCCURANCE DAMAGE TO RENTED PREMISES (Ea occurence) MED EXP (any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY(Per person) BODILY INJURY(Per accident) PROPERTY DAMAGE (Per accident) AUTO ONLY - EA ACCIDENT OTHER THAN EAACC AUTO ONLY:AGG EACH OCCURENCE AGGREGATE WC STATU- OTH- X TORY LIMITS ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $1,000,000 $1,000,000 $1,000,000 CERTIFICATE HOLDER CANCELLATION Real Estate Renovations, Inc. PO Box 4198 Oceanside, CA 92052 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED 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 AUTHORIZED REPRESENTATiy><7' ^H* ^".tf f S9~?£»-^Z..—" — ' OD78336*~- jr fj BIDDER'S STATEMENT RE DEBARMENT (To Accompany Proposal) STAGECOACH PARK RESTROOMS REFURBISHMENT CONTRACT NO. PKS 09-03 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 debar- ments. party debarred party debarred agency agency period of debarment period of debarment BY CONTRACTOR: it jut f&bu (name of Contractor) Bv: UCW2 (sign here) ^x (print name/title) Page./ of /pages of this Re Debarment form Revised 03/25/09 Contract No PKS 09-03 Page 22 of 140 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) STAGECOACH PARK RESTROOMS REFURBISHMENT CONTRACT NO. PKS 09-03 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? v/ 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 / of ^ pages of this Disclosure of Discipline form Revised 03/25/09 Contract No PKS 09-03 Page 23 of 140 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) STAGECOACH PARK RESTROOMS REFURBISHMENT CONTRACT NO. PKS 09-03 6) If the answer to either of 2. or 4. above is yes fully identify, in each and every case, the party who's discipline was stayed, the date of the violation that the disciplinary action pertains to, describe the nature of the violation and the condition (if any) upon which the disciplinary action was stayed. (If needed attach additional sheets to provide full disclosure.) BY CONTRACTOR: (name of Contractor) Bv: (sign here) (print name/title) Page ' of ~/ pages of this Disclosure of Discipline form Revised 03/25/09 Contract No PKS 09-03 Page 24 of 140 Pages NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 STAGECOACH PARK RESTROOMS REFURBISHMENT CONTRACT NO. PKS 09-03 State of California ) <0 K ' ) SS. County of DtL^Dl&Zd ) \being first duly sworn, deposes and says that he or she is (Name of Bidder) _ V UJL lYJ> 5 ( (Title) Of (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 —]-+t^ day of _ /rr/' / _ , 20 lo . Signature of Bidder Subscribed and sworn to before me on the ' day of , 20_ (NOTARY SEAL) Signature of Notary Revised 03/25/09 Contract No PKS 09-03 Page 25 of 140 Pages CALIFORNIA JURAT WITH AFFIANT STATEMENT 3@s@a@a@s@6@e@s@ai@^^ Attached Document (Notary to cross out lines 1-6 below) D See s'tatement Below (Lines 1-5 to be completed only by document signer[s], not Notary) Signature of Document Signer No. 1 Signature of Document Signer No. 2 (if any) State of California County of SERINA KIM LOGAN Commission # 1757222 Notary Public - California San Diego County My Comn. Expires Aug 12,2011 Place Notary Seal Above Subscribed and sworn to (or affirmed) before me on this Tdavof /WiV 2(& , (1)- Month Year by Name of Signer proved to me on the basis of satisfactory evidence to be the person who appeared before me (.) (,) (and Name of Signer proved to me on the basis of satisfactory evidence to be the pe/son who appe"a*ed before/Trie.) 4^ ^Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. RIGHT THUMBPRINT OF SIGNER #1 Top of thumb here Further Description of Any Attached Document :^ A (j\\ 0^Title or Type of Document: e: [ / I ^-^Document Date:_ Number of Pages: Signer(s) Other Than Named Above:. RIGHTTHUMBPRINT OF SIGNER #2 Top of thumb here ® 2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5910 Reorder: Call Toll-Free 1 -800-876-6827 CONTRACT PUBLIC WORKS This agreement is made this ^ day of ,4**^ , 20 /^. by and between the City of Carlsbad, California, a munis&fSal corporation, (hereinafter called "City"), and Real Estate Renovations Inc. whose principal place of business is 105 Copperwood Way #A Oceanside CA 92058 (hereinafter called "Contractor"). City and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in the Contract documents for: STAGECOACH PARK RESTROOIVlS REFURBISHMENT CONTRACT NO. PKS 09-03 (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 PKS 09-03 Page 26 of 140 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 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. (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 PKS 09-03 Page 27 of 140 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. 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. Revised 03/25/09 Contract No PKS 09-03 Page 28 of 140 Pages (C) Notice Of Cancellation. Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be non-renewed, 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 PKS 09-03 Page 29 of 140 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 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 11 above. \N^ init y^tyV-" 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 PKS 09-03 Page 30 of 140 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:,CITY OF CARLSBAD a municipal corporation of the StatevOf California (name of Conti^cto )' (print name and title) (print name and title) President or vice-president and secretary or assistant secretary must sigWforioefnporations. 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 Attorne By: Deputy Revised 03/25/09 Contract No PKS 09-03 Page 31 of 140 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT $ I State of California County of On Daft" personally appeared to me who proved to me on the basis of satisfactory evidence to be the person(spwhose nam^ij)$/Jlfe) subscribed to the withinJQStrument and acknowledged executed the same in capacityflfesOand that byuthorize ignature^^on the instrument the the entity upon behalf of which the .cted, executed the instrument. perso person MELODIE L. CHRYSLER Commission #1817834 Notary Public - California San Diego County My Comm. Expires Nov 13, 2012 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. Place Notary Seal and/or Stamp Above Signatun OPTIONALIII I $II ©2008 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached D^ument Title or Type of Document: Document Date: Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name: (iSKGorporate Officer — Title(s): D Individual D Partner — D Limite/1 D General D Attorney in Fact D Trustee D Guardian oi/Conservator D Other: Signer Is Representing: Top of thumb here fifJerporate Officer — Til D Individual D Partner — D Limited 0 General D Attorney in Fact D Trustee D Guardian or Coc^ervator D Other: f Signer Is Representing: Top of thumb here II I11 Ii IIIII III 1 Ik I I Item #5907 Reorder: Call Toil-Free 1 -800-876-6827 BOND NO. 1000843852 BOND PREMIUM - INCLUDED IN PERFORMANCE BOND LABOR AND MATERIALS BOND WHEREAS, the City of Carlsbad, State of California, has administratively awarded to Real Estate Renovations Inc. (hereinafter designated as the "Principal"), a Contract for STAGECOACH PARK RESTROOMS REFURBISHMENT CONTRACT NO. PKS 09-03 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, REAL ESTATE RENOVATIONS INC., as Principal, (hereinafter designated as the "Contractor"), and AMERICAN CONTRACTORS INDEMNITY COMPANY as Surety, are held firmly bound unto the City of Carlsbad in the sum of Forty Eight Thousand Sfr Hundred Rfty Seven Dollars ($48,667.00), safd 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 tf 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 Cafifomia 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 w'rth California Civil Code section 3248. This bond shall inure to the benefit of any of the persons named in California Civil Code section 3181, so as to give a right of action to those persons or their assigns in any suit brought upon the bond. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed hereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. Revised 03/25/00 Gontrad No PKS 09-03 Page 32 oM40 P8{p» In the event that Contractor is an individual, not exonerate the Surety from its obligations Executed by CONTRACTOR this. day of it is agreed that the death of any euch Contractor shall under this bond. 13TH _, 20 lo . .day CONTRACTOR? RENOVATIONS, INC. By: Executed by SURETY thte. of MAY _.. 2010 . SURETY: AMERICAN CONTRACTORS INDEMNITY COMPANY (name of Surety) 625 THE CITY DRIVE SOUTH, SUITE 130 C.k Q9«fi« (address of Surety) 714-740-7000 (print name here)(telephone number of ( fj C (title and organization of signatory) By: (A By:. (signature of Attorney-ln-Fact) PATTf. S. HTTO- ATTfYPurFV—TTJ_ (print name here) (printed name of Attomay-in-Fact) (attach corporate resolution showing current power of attorney) (title and orgz (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 Revised 03«5/D»Contract No PKS D&-O3 Page 33 of 140 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 1I State of California | c '~7\ I County of _"^Qyr\ ^J/(i }II fI1 1 ! 1I \ 1 11 1 I 1I On Mn^f Hi?0'0 before me. V' / Date ) ,, ,. ! ' i ) L f /personally appeared -jCope^f' /— p. _-^ ^ AjLAj.2OitC 1 — ' L^/\ f^\ tSLC-^ i r^v \CLr\j\ --rLMx '' Here Insert Name kndTTtle of (he Officer f ) N^me(s|_nf Siqner(s) who proved to me on the basis of satisfactory evidence to be the persongpwhose name^lj) i^^ subscribed to the withinjnstrument and acknowledgec to me that he^she^hey^ executed the same ir/ s&^^~~\ l - ' ^^ J^^~-^ -^his^nefrm|it<authorized capacitj^iejp and that b} his^ner^^jjXsignaturej^j^on the instrument th( persorfM^or the entity upon behalf of which the * — - » ' 1 1 ^i 11 b 1P |i 1 ' 1' 1' 1 xggK^ MELODIE L. CHRYSLER \ | < <B? __,4-<i^s^ Commission # 1817834 '._..» i r-,,-* , * , -^* , ^i- i-.i-r-inir-.xx i n h\ IW^m Notary Public - California ^ ' certlfV under PENALTY OF PERJURY under the | z\§fiO/ San Diego County 5 taws of tne State of California that the foregoing | 1 Xjsus*' MyComm. Expires Nov 13, 2012 fc paragraph is true and correct. f WITNESS my hand and official seal. Sianature J 1 1 j Jed JJI. V^ UlW llsi Place Notary Seal and/or Stamp Above f "" Signatufe-oTNotaTy Public Jf\n^if\tti ni Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document . i f^~^ Title or Tvpe of Document: |v£Lv£)OV riyvii A MCbr£>o ru 5> J^OTVOA ^- \ Document Date: AA£>^ 1 ~^> p Sianer(s) Other Than Named Above: /A-^ur Capacity(ies) Claimed by Signer(s) Signer's Name: p-QjJ&v-r Ja^/Vv'jZ C^ Corporate Officer — Title(si^reo»fA^~ ' t?/D Number of Pages: /YP-Oc) ( <=2- >o\mejj) rn^Wp Q^co^l S.T3,V^ ^ ^ ^ Signer's Name: /-Ji n^LCc / &A^T ?- r^\-~ Pffewporate Officer — Title(s): y> Ort^-ejbr- <_~-* U Individual Bffl^^fiii^U /"^ lndlvldual ^itiy^ii^i [j Partner — U Limited U General Top of th D Attorney in Fact D Trustee D Guardian or Conservator D Other: / Signer Is Representing: 2^^^S^^if^^'f^^^^^^ X^< X. jmb here ' Lj Partner — D Limited D General Top of thumb here / D Attorney in Fact / D Trustee / / D Guardian or Conservator / / D Other: / ' / Signer Is Representing: I 1 1 ^ 1 1 1I 1n1 ! . ^J f1 1 1 !iIi 1 © 2008 National Notaiy Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toil-Free 1 -800-876-6827 o CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of _ _0range_ On MAY 13TH, 2010 before me, Dale personally appeared Chris Theveny, Notary Public Here Insert Name and Title of the Officer Paul S. Dito Name(s) of Signer(s) O CHRIS THEVENY Commission # 1797107 I Notary Public - California f Orange County MyCornm FxpresMay2.2012l< V * iv*-**"^^ ('•*• I V< v. %^ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my h Place Notary Seal Above Signature^ OPTIONAL Signature of Notary Publi Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Bond No. 1QQQ843852 Document Date:Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Paul S. DitoSigner's Name:. D Individual D Corporate Officer — Title(s): D Partner — D Limited D General ffl Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: American Contractors RIGHTTHUMBPRINT OF SIGNER Top of thumb here Indemnity Company Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., RO.Box 2402 • Chatsworth, CA 91313-2402-www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1-800-876-6827 POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company of the State of California, a California corporation, United States Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, A Texas corporation (collectively, the "Companies"), do by these presents make, constituted and appoint: Paul S. Dito, Paula LaSalle, Denise Renderos, Freddy Anvari, Carmina Macias or Khoi Tran of Orange, California its true and lawful Attomey(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recogni/ances, undertakings or other instruments or contracts of surteyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed *****Three Million***** Dollars ($ **3.000.000.0Q** ). This Power of Attorney shall expire without further action on December 8, 2012. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-In-Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 15th day of June, 2009. AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY Corporate Seals State of California County of Los Angeles SS: By:. Daniel P. Aguilar, Vice President On this 15th day of June, 2009, before me, V. Wright, a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ; (Seal) V, WRIGHT Commission » 1B2CH8 Kadty Put*c - CaliforniaSignature I, Jeannie J. Kim, Assistant Secretary of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this i fro day Of MAY 2010 Corporate Seals Bond No.] OOQ84385? Agency No. 9007 Jeannie J. Kim, Assistant Secretary BOND NO. 1000843852 BOND PREMIUM - $1,460.00 FAITHFUL PERFORMANCE/WARRANTY BOND WHEREAS, the City of Carlsbad, State of California, has administratively awarded to Real Estate Renovations Inc. (hereinafter designated as the "Principal"), a Contract for: STAGECOACH PARK RESTROOMS REFURBISHMENT CONTRACT NO. PKS 09-03 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, REAL ESTATE RENOVATIONS INC., as Principal, (hereinafter designated as the "Contractor"), and AMKHTHAN noNTftACTORS INDEMNITY COMPANY as Surety, are held firmly bound unto the City of Carlsbad in the sum of Forty Eight Thousand Six Hundred Fifty Seven Dollars ($48,957.00), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that If the above bounden Contractor, their heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the Contract and any alteration thereof made as therein provided on their part, to be Kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shaff 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 attorneys fees, incurred by the City in successfully enforcing such obligation, aB 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 tills bond, and it does hereby waive notice of any change, extension of timef alterations or addition to the terms of the contract or to the work or to the specifications. oRevised O3J2&O9 Contract No PKS 094)3 Page 34 of 140 Pages Executed by CONTRACTOR thfs _ day of /^Ld^u . 20 lO. 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 SURETY this 13™ day of MAY , 20 10 SURETY: AMERICAN CONTRACTORS INDEMNITY COMPANY (name of Surety) 625 THE CITY DRIVE SOUTH, SUITE 130 ORANGE. CA 92868 (address of Surety) 714-74Q-700Q (telephone number of Surety) REAL ESTAW RENOVATIONS, INC. (r ame of Contractor) (prtnt name here) w^By: (Title and Organization of Signatory) By: (sign here)r* (print name here) (signature of Attomey-ln-Fact) PAUL S. DITO, ATTORNEY-IN-FACT (printed name of Attomey-in-Fact) (Attach corporate resolution showing current power of attorney.) (Tide 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 Cfty Attorney Revised 03/25/09 Contract No PKS 0943 Page 35 of 140 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT i i I I IIIiI ! I State of California County of ^)c On MlXuf N1 | Date \J~i before me,CTlf ^ . ae - - Here Insert Nafne and Title a theOfficer personally appeared J<g?DgA/r /-~ £ WrxL. . Lj* r\&-t^ ' < /. Name(s) of Signer(s) who proved to me on the basis of satisfactor evidence to be the person^>vhose namrf^ subscribed to the withinjnstrument and acknowledge to me tt hi^eK persoi perso the same in uthorized_capacity|i§§)P and that by the instrument the r the entity" upon behalf of which the led, executed the instrument. MELODIE L CHRYSLER Commission # 1817834 Notary Public - California z San Diego County - MyCpmm. Expires Nov 13,20121 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. Place Notary Seal and/or Stamp Above Signature: OPTIONAL — Signatu>r3f Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of AttachedJDocgment Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies)~CJaimed by Signer(s) Signer's Name: Number of Pages: Officer — Title(s): D Individual D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: ^Corporate Officer — Title(s): D Individual D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Ik> ©2008 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Top of thumb here 1 I I II 1IIi! 11I II Item #5907 Reorder: Call Toll-Free 1 -800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT cS3^-^^<y<Xx^X7g-<;6'<^c<>/<^-^ State of California County of _ Orange On MAY 13TH, ?Q1Q before me, Date personally appeared Chris Theveny, Notary Public Here Insert Name and Title of the Officer Paul S. Dito Name(s) of Signer(s) CHRIS THEVINY f Commission # 1797107 I Notary Public • California | Orange County ' MyComm. Expires May 2.2012 i who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my Place Notary Seal Above Signature (^ OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and realtachment of this form to another document. Description of Attached Document Title or Type of Document: Bond No. 1000843852 Document Date:Number of Pages:. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Paul S. DitoSigner's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General Kffl Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: _ American Contractors RIGHT THUMBPRINT OF SIGNER Indemnity Company Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RiGHTTHUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., PO. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toil-Free 1 -800-876-6827 POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company of the State of California, a California corporation, United States Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, A Texas corporation (collectively, the "Companies"), do by these presents make, constituted and appoint: Paul S. Dito, Paula LaSalle, Denise Renderos, Freddy Anvari, Carmina Macias or Khoi Tran of Orange, California its true and lawful Attorney(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of surteyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed *****Three Million***** Dollars ($ **3.000.000.00** ). This Power of Attorney shall expire without further action on December 8, 2012. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-In-Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 15th day of June, 2009. AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY Corporate Seals /ywa^ State of California County of Los Angeles SS: By:. Daniel P. Aguilar, Vice President On this 15th day of June, 2009, before me, V. Wright, a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. (Seal)Signature V. WRIGHT Commission # 1826148 Notary Public - Cjlilornis Los Angtlei Courtly I, Jeannie J. Kim, Assistant Secretary of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this Ijl" day of MAY 2010 Corporate Seals BondNo1000843852_ Agency No. 9007 (C2. Jeannie J. Kim, Assistant Secretary 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 STAGECOACH PARK RESTROOMS REFURBISHMENT CONTRACT NO. PKS 09-03 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 PKS 09-03 Page 36 of 140 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. Revised 03/25/09 Contract No PKS 09-03 Page 37 of 140 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 PKS 09-03 Page 38 of 140 Pages GENERAL PROVISIONS FOR STAGECOACH PARK RESTROOMS REFURBISHMENT CONTRACT NO. PKS 09-03 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 PKS 09-03 Page 39 of 140 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. Parks Superintendent - 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. Revised 03/25/09 Contract No PKS 09-03 Page 40 of 140 Contract Documents - Including but not limited to; the Contract, any Addendum (which pertain to the contract documents), Notice Inviting Bids, Instructions to Bidders; Bid (including documentation accompanying the Bid and any post-bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Contract, the Bonds, the General Provisions, permits from other agencies, the Technical Specifications, the Supplemental Provisions, the Plans, Standard Plans, Standard Specifications, Reference Specifications, and all Modifications issued after the execution of the Contract. 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. Parks and Recreation Director - The Parks Superintendent'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 Assistant City Manager 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. Revised 03/25/09 Contract No PKS 09-03 Page 41 of 140 Modification - Includes Change Orders and Supplemental Agreements. A Modification may only be used after the effective date of the Contract. Notice of Award - The written notice by the Agency to the successful Bidder stating that upon compliance by it with the required conditions, the Agency will execute the Contract. Notice to Proceed - A written notice given by the Agency to the Contractor fixing the date on which the Contract time will start. Own Organization - When used in Section 2-3.1 - Employees of the Contractor who are hired, directed, supervised and paid by the Contractor to accomplish the completion of the Work. Further, such employees have their employment taxes, State disability insurance payments, State and Federal income taxes paid and administered, as applicable, by the Contractor. When used in Section 2-3.1 "own organization" means construction equipment that the Contractor owns or leases and uses to accomplish the Work. Equipment that is owner operated or leased equipment with an operator is not part of the Contractor's Own Organization and will not be included for the purpose of compliance with Section 2-3.1. Person - Any individual, firm, association, partnership, corporation, trust, joint venture, or other legal entity. Plans - The drawings, profiles, cross sections, working drawings, and supplemental drawings, or reproductions thereof, approved by the Engineer, which show the location, character, dimensions, or details of the Work. Private Contract - Work subject to Agency inspection, control, and approval, involving private funds, not administered by the Agency. Project Inspector - The Engineer's designated representative for inspection, contract administration and first level for informal dispute resolution. Proposal - See Bid. Reference Specifications - Those bulletins, standards, rules, methods of analysis or test, codes, and specifications of other agencies, engineering societies, or industrial associations referred to in the Contract Documents. These refer to the latest edition, including amendments in effect and published at the time of advertising the project or issuing the permit, unless specifically referred to by edition, volume, or date. Roadway - The portion of a street reserved for vehicular use. Service Connection - Service connections are all or any portion of the conduit, cable, or duct, including meter, between a utility distribution line and an individual consumer. Sewer - Any conduit intended for the reception and transfer of sewage and fluid industrial waste. Specifications - General Provisions, Standard Specifications, Technical Specifications, Reference Specifications, Supplemental Provisions, 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 PKS 09-03 Page 42 of 140 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 PKS 09-03 Page 43 of 140 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 ARTS Apartment and Apartments AMER STD American Standard AWG American Wire Gage (nonferrous wire) BC Beginning of curve BCR Beginning of curb return BDRY Boundary BF Bottom of footing BLDG Building and Buildings BM Bench mark BVC Beginning of vertical curve B/W Back of wall C/C Center to center CAB Crushed aggregate base CAL/OSHA California Occupational Safety and Health Administration CalTrans California Department of Transportation CAP Corrugated aluminum pipe CB Catch Basin Cb Curb CBP Catch Basin Connection Pipe CBR California Bearing Ratio CCR California Code of Regulations CCTV Closed Circuit TV CES Carlsbad Engineering Standards CF Curb face CF Cubic foot C&G Curb and gutter CFR Code of Federal Regulations CFS Cubic Feet per Second CIP Cast iron pipe CIPP Cast-in place pipe CL Clearance, center line CLF Chain link fence CMB Crushed miscellaneous base CMC Cement mortar-coated CML Cement mortar-lined CMWD Carlsbad Municipal Water District CO Cleanout (Sewer) COL Column COMM Commercial CONC Concrete CONN Connection CONST Construct, Construction COORD Coordinate CSP Corrugated steel pipe CSD Carlsbad Standard Drawings CTB Cement treated base CV Check valve CY Cubic yard D Load of pipe dB Decibels DBL Double DF Douglas fir DIA Diameter DIP Ductile iron pipe DL Dead load DR Dimension Ratio DT Drain Tile DWG Drawing DWY Driveway DWY APPR Driveway approach E Electric EA Each EC End of curve ECR End of curb return EF Each face EG Edge of gutter EGL Energy grade line El Elevation ELC Electrolier lighting conduit ELT Extra long ton ENGR Engineer, Engineering EP Edge of pavement ESMT Easement ETB Emulsion-treated base EVC End of vertical curb EWA Encina Wastewater Authority EXC Excavation EXP JT Expansion joint EXST Existing F Fahrenheit F&C Frame and cover F&l Furnish and install FAB Fabricate FAS Flashing arrow sign Revised 03/25/09 Contract No PKS 09-03 Page 44 of 140 FD Floor drain FDN Foundation FED SPEC Federal Specification FG Finished grade FH Fire hydrant FL Flow line FS Finished surface FT-LB Foot-pound FTG Footing FW Face of wall G Gas GA Gauge GAL Gallon and Gallons GALV Galvanized GAR Garage and Garages GIF 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 OBS Obsolete OC On center OD Outside diameter OE Outer edge OHE Overhead Electric OMWD Olivenhain Municipal Water District OPP Opposite ORIG Original PB Pull box PC Point of curvature PCC Portland cement concrete or point of compound curvature PCVC Point of compound vertical curve PE Polyethylene PI Point of intersection PL Property line PMB Processed miscellaneous base POC Point on curve POT Point on tangent PP Power pole PRC Point of reverse curve PRVC Point of reverse vertical curve PSI Pounds per square inch PT Point of tangency PVC Polyvinyl chloride PVMT Pavement PVT R/W Private right-of-way Q Rate of flow in cubic feet per second QUAD Quadrangle, Quadrant R Radius R&O Rock and oil R/W Right-of-way RA Recycling agent RAC Recycled asphalt concrete RAP Reclaimed asphalt pavement RBAC Rubberized asphalt concrete RC Reinforced concrete RGB Reinforced concrete box RCE Registered civil engineer RCP Reinforced concrete pipe RCV Remote control valve REF Reference REINF Reinforced or reinforcement RES Reservoir RG E 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 Revised 03/25/09 Contract No PKS 09-03 Page 45 of 140 SDR Standard thermoplastic pipe dimension ratio (ratio of pipe O.D. to minimum wall thickness) SDRSD San Diego Regional Standard Drawings SE Sand Equivalent SEC Section SF Square foot SFM Sewer Force Main SI International System of Units (Metric) SPEC Specifications SPPWC Standard Plans for Public Works Construction SSPWC Standard Specifications for Public Works Construction STHWY State highway STA Station STD Standard SIR Straight SIR GR Straight grade STRUC Structural/Structure SW Sidewalk SWD , Sidewalk drain SY Square yard T Telephone TAN Tangent TC Top of curb TEL Telephone TF Top of footing 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 PKS 09-03 Page 46 of 140 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 (ft)„ 0.0283 cubic meter (m) 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 (Ib) (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 = (1.8x°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) *¥ Revised 03/25/09 Contract No PKS 09-03 Page 47 of 140 Common Metric Prefixes kilo(k) 103 centi(c) 10'2 milli(m) 10'3 micro (n) 10"^ nano (n) 10" pico(p) 10'12 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) Degree PL Property line CL Centerline SL Survey line or station line Revised 03/25/09 Contract No PKS 09-03 Page 48 of 140 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 construction of the work or improvements, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of 1 percent of the prime contractor's total bid, or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the prime contractor's total bid or ten thousand dollars ($10,000), 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. Revised 03/25/09 Contract No PKS 09-03 Page 49 of 140 Section 4110 provides that a Contractor violating any of the provisions of the Chapter violates the Contract and the Board may exercise the option either to cancel the Contract or assess the Contractor a penalty in an amount of not more than 10 percent of the subcontract involved, after a public hearing. Should the Contractor fail to adhere to the provisions requiring the Contractor to complete 35 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 65 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. Revised 03/25/09 Contract No PKS 09-03 Page 50 of 140 The Contractor shall provide bonds to secure payment of laborers and materials suppliers in a sum not less than one hundred percent of the total amount payable by the terms of this contract. Both bonds shall extend in full force and effect and be retained by the Agency during this project until they are released according to the provisions of this section. The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 days after recordation of the Notice of Completion and will remain in full force and effect for the one year warranty period and until all warranty repairs are completed to the satisfaction of the Engineer. The bonds to secure payment of laborers and materials suppliers shall be released six months plus 30 days after recordation of the Notice of Completion if all claims have been paid. 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 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 Revised 03/25/09 Contract No PKS 09-03 Page 51 of 140 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. The Contractor shall ascertain the existence of any conditions affecting the cost of the Work through a reasonable examination of the Work site prior to submitting the Bid. Existing improvements visible at the Work site, for which no specific disposition is made on the Plans, but which interfere with the completion of the Work, shall be removed and disposed of by the Contractor. The Contractor shall, upon discovering any error or omission in the Plans or Specifications, immediately call it to the attention of the Engineer. 2-5.2 Precedence of Contract Documents. If there is a conflict between Contract Documents, the document highest in precedence shall control. The precedence shall be the most recent edition of the following documents listed in order of highest to lowest precedence: 1) Permits from other agencies as may be required by law. 2) Change orders, whichever occurs last. 3) Contract addenda, whichever occurs last. 4) Contract 5) Carlsbad General Provisions, Technical Specifications, and Supplemental Provisions. 6) 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. 7) Standard Specifications for Public Works Construction, as amended. 8) Reference Specifications. 9) Manufacturer's Installation Recommendations Detail drawings shall take precedence over general drawings. Change Orders, Supplemental Agreements and approved revisions to Plans and Specifications will take precedence over items 2) through 9) above. Detailed plans and plan views shall have precedence over general plans. Revised 03/25/09 Contract No PKS 09-03 Page 52 of 140 2-5.3 Submittals. 2-5.3.1 General. Submittals shall be provided, at the Contractor's expense, as required in 2-5.3.2, 2-5.3.3 and 2-5.3.4, when required by the Plans or Special Provisions, or when requested by the Engineer. Materials shall neither be furnished nor fabricated, nor shall any work for which submittals are required by performed, before the required submittals have been reviewed and accepted by the Engineer. Neither review nor acceptance of submittals by the Engineer shall relieve the Contractor from responsibility for errors, omissions, or deviations from the Contract Documents, unless such deviations were specifically called to the attention of the Engineer in the letter of transmittal. The Contractor shall be responsible for the correctness of the submittals. The Contractor shall allow a minimum of 20 working days for review of submittals unless otherwise specified in the Special Provisions. Each submittal shall be accompanied by a letter of transmittal. Each submittal shall be consecutively numbered. Re-submittals 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. Revised 03/25/09 Contract No PKS 09-03 Page 53 of 140 Six copies and one reproducible shall be submitted. If no revisions are required, three of the copies will be returned to the Contractor. If revisions are required, the Engineer will return one copy along with the reproducible for resubmission. Upon acceptance, the Engineer will return two of the copies to the Contractor and retain the remaining copies and the reproducible. Working drawings are required in the following sections: TABLE 2-5.3.2 (A) Item Section Number Title Subject 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 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 re-submittal 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 ) 2) 3) 4) 5) 6) 7) 8) A• List of Subcontractors per 2-3.2. List of Materials per 4-1 .4. Certifications per 4-1 .5. Construction Schedule per 6-1 . Confined Space Entry Program per 7-10.4.4. Concrete mix designs per 201 -1.1. Asphalt concrete mix designs per 203-6. 1 . Data, including, but not limited to, catalog sheets, manufacturer's brochures, technical bulletins, specifications, diagrams, product samples, and other information necessary to describe a system, product or item. This information is required for irrigation systems, Revised 03/25/09 Contract No PKS 09-03 Page 54 of 140 street lighting systems, and traffic signals, and may also be required for any product, manufactured item, or system. 2-5.4 RECORD DRAWINGS. The Contractor shall provide and keep up-to-date a complete "as- built" record set of blue-line prints, which shall be corrected in red daily and show every change from the original drawings and specifications and the exact "as-built" locations, sizes and kinds of equipment, underground piping, valves, and all other work not visible at surface grade. Prints for this purpose may be obtained from the Agency at cost. This set of drawings shall be kept on the job and shall be used only as a record set and shall be delivered to the Engineer within ten (10) days of completion of the work. Payment for performing the work required by Section 2-5.4 shall be included in 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. 2-10 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. 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 Revised 03/25/09 Contract No PKS 09-03 Page 55 of 140 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. 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. Revised 03/25/09 Contract No PKS 09-03 Page 56 of 140 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 in writing by the Contractor. If the Contractor so requests, payment will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Section 3-3; however, in no case will payment be less than would be made for the actual quantity at the Contract Unit Price nor more than would be made for 50 percent of the Bid quantity at the Contract Unit Price. 3-2.3 Stipulated Unit Prices. Stipulated Unit Prices are unit prices established by the Agency in the Contract Documents as distinguished from Contract Unit Prices submitted by the Contractor. Stipulated Unit Prices may be used for the adjustment of Contract changes when so specified in the Special Provisions. 3-2.4 Agreed Prices. Agreed Prices are prices for new or unforeseen work, or adjustments in Contract .Unit Prices per Section 3-2.2, established by mutual agreement between the Contractor and the Agency. If mutual agreement cannot be reached, the Engineer may direct the Contractor to proceed on the basis of Extra Work in accordance per Section 3-3, except as otherwise specified in Sections 3-2.2.2 and 3-2.2.3. 3.2.5 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 Revised 03/25/09 Contract No PKS 09-03 Page 57 of 140 Plans and Specifications is ordered by the Contractor for use in the eliminated item prior to the date of notification of elimination by the Engineer, and if the order for that material cannot be canceled, payment will be made to the Contractor for the actual cost of the material. In this case, the material shall become the property of the Agency. Payment will be made to the Contractor for its actual costs for any further handling. If the material is returnable, the material shall be returned and payment will be made to the Contractor for the actual cost of charges made by the supplier for returning the material and for handling by the Contractor. Actual costs, as used herein, shall be computed on the basis of Extra Work per Section 3-3. 3-3 EXTRA WORK. 3-3.1 General. New or unforeseen work will be classified as "extra work" when the Engineer determines that it is not covered by Contract Unit Prices or stipulated unit prices. 3-3.2 Payment. 3-3.2.1 General. When the price for the extra work cannot be agreed upon, the Agency will pay for the extra work based on the accumulation of costs as provided herein. 3-3.2.2 Basis for Establishing Costs. (a) Labor. The costs of labor will be the actual cost for wages of workers performing the extra work at the time the extra work is done, plus employer payments of payroll taxes, workers compensation insurance, liability insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs, resulting from Federal, State, or local laws, as well as assessments or benefits required by lawful collective bargaining agreements. The use of a labor classification which would increase the extra work cost will not be permitted unless the Contractor establishes the necessity for such additional costs. Labor costs for equipment operators and helpers shall be reported only when such costs are not included in the invoice for equipment rental. The labor cost for foremen shall be proportioned to all of their assigned work and only that applicable to extra work will be paid. Non-direct 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 Revised 03/25/09 Contract No PKS 09-03 Page 58 of 140 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 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 Dally 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 Revised 03/25/09 Contract No PKS 09-03 Page 59 of 140 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 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 accor- dance 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 Revised 03/25/09 Contract No PKS 09-03 Page 60 of 140 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. 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: Revised 03/25/09 Contract No PKS 09-03 Page 61 of 140 1. Project Inspector 2. Parks Superintendent 3. Parks and Recreation Director 4. Assistant City Manager 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. 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 subdivi- sion is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. Revised 03/25/09 Contract No PKS 09-03 Page 62 of 140 (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. Revised 03/25/09 Contract No PKS 09-03 Page 63 of 140 (b)(1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure) shall apply to any proceeding brought under the subdivision consistent with the rules pertaining to judicial arbitration. (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds. (3) In addition to Chapter 2.5 (commencing with Section 1141.10) Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo. (c) The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process. 20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed except as otherwise provided in the contract. (b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law. Although not to be construed as proceeding under extra work provisions, the Contractor shall keep and furnish records of disputed work in accordance with Section 3-3. 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. Revised 03/25/09 Contract No PKS 09-03 Page 64 of 140 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. 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 A*& Revised 03/25/09 Contract No PKS 09-03 Page 65 of 140 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 re-notify the Engineer when samples which are representative may be obtained. Except as specified in these Provisions, the Agency will bear the cost of testing of locally produced materials and/or on-site workmanship where the results of such tests meet or exceed the 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. 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 Revised 03/25/09 Contract No PKS 09-03 Page 66 of 140 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 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. Revised 03/25/09 Contract No PKS 09-03 Page 67 of 140 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. 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. Revised 03/25/09 Contract No PKS 09-03 Page 68 of 140 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 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. 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 A*W Revised 03/25/09 Contract No PKS 09-03 Page 69 of 140 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. 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 resppnsibility 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 Revised 03/25/09 Contract No PKS 09-03 Page 70 of 140 Engineer may find to be fair and reasonable compensation for such part of the Contractor's actual loss as was unavoidable and the Contractor may be granted an extension of time. 5-6 COOPERATION. When necessary, the Contractor shall so conduct its operations as to permit access to the Work site and provide time for utility work to be accomplished during the progress of the Work. SECTION 6 - PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Except as otherwise provided herein and unless otherwise prohibited by permits from other agencies as may be required by law the Contractor shall begin work within 20 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. 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. 6-1.2.2 Tabular Listing. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a tabular listing of all of the activities, showing for each activity the identification number, the description, the duration, the early start, the early finish, the late start, the late finish, the total float, and all predecessor and successor activities for the activity described. 6-1.2.3 Bar Chart. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a chart showing individual tasks and their durations arranged with the tasks on the vertical axis and duration on the horizontal axis. The bar chart shall use differing texture patterns or distinctive line types to show the critical path. 6-1.2.4 Schedule Software. The Contractor shall use commercially available software equal to the Windows 2000 compatible "Suretrak" program by Primavera or "Project" program by Revised 03/25/09 Contract No PKS 09-03 Page 71 of 140 Microsoft Corporation to prepare the Baseline Construction Schedule and all updates thereto. The Contractor shall submit to the Agency a CD-ROM data disk with all network information contained thereon, in a format readable by a Microsoft Windows 2000 system. The Agency will use a "Suretrak", "Project" or equal software program for review of the Contractor's schedule. Should the Contractor elect to use a scheduling program other than the "Suretrak" program by Primavera or "Project" program by Microsoft Corporation the Contractor shall provide the Engineer three copies of the substituted program that are fully licensed to the Agency and 32 class hours of on-site training by the program publisher for up to eight Agency staff members. The classes shall be presented on Mondays through Thursdays, inclusive, between the hours of 8:00 a.m. and 5:00 p.m. The on-site training shall be held at 1635 Faraday Avenue, Carlsbad, California. The dates and times of the on-site training shall be submitted to the Engineer for approval five working days before the start of the on-site training. The on-site training shall be completed prior to the submittal of the first Baseline Construction Schedule. 6-1.2.5 Schedule Activities. Except for submittal activities, activity durations shall not be shorter than 1 working day nor longer than 15 working days, unless specifically and individually allowed by the Engineer. The Baseline Construction Schedule shall include between 100 and 500 activities, including submittals, interfaces between utility companies and other agencies, project milestones and equipment and material deliveries. The number of activities will be sufficient, in the judgment of the Engineer, to communicate the Contractor's plan for project execution, to accurately describe the project work, and to allow monitoring and evaluation of progress and of time impacts. Each activity's description shall accurately define the work planned for the activity and each activity shall have recognizable beginning and end points. 6-1.2.6 Float. Float or slack time within the schedule is available without charge or compensation to whatever party or contingency first exhausts it. 6-1.2.7 Restraints to Activities. Any submittals, utility interfaces, or any furnishing of Agency supplied materials, equipment, or services, which may impact any activity's construction shall be shown as a restraint to those activities. Time periods to accommodate the review and correction of submittals shall be included in the schedule. 6-1.2.8 Late Completion. A Baseline Construction Schedule showing a project duration longer than the specified contract duration will not be acceptable and will be grounds for determination of default by Contractor, per Section 6-4. 6-1.2.9 Early Completion. The Baseline Construction Schedule will show the Contractor's plan to support and maintain the project for the entire contractual time span of the project. Should the Contractor propose a project duration shorter than contract duration, a complete Baseline Construction Schedule must be submitted, reflecting the shorter duration, in complete accordance with all schedule requirements of Section 6-1. The Engineer may choose to accept the Contractor's proposal of a project duration shorter than the duration specified; provided the Agency is satisfied the shortened Baseline Construction Schedule is reasonable and the Agency and all other entities, public and private, which interface with the project are able to support the provisions of the shortened Baseline Construction Schedule. The Agency's acceptance of a shortened duration project will be confirmed through the execution of a contract change order revising the project duration and implementing all contractual requirements including liquidated damages in accordance with the revised duration. Revised 03/25/09 Contract No PKS 09-03 Page 72 of 140 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. 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. 6-1.8 Measurement and Payment of Construction Schedule. The Contractor's preparation, revision and maintenance of the Construction Schedule are incidental to the work and no separate payment will be made therefore. 6-2 PROSECUTION OF WORK. To minimize public inconvenience and possible hazard and to restore street and other work areas to their original condition and state of usefulness as soon as practicable, the Contractor shall diligently prosecute the Work to completion. If the Engineer determines that the Contractor is failing to prosecute the Work to the proper extent, the Contractor shall, upon orders from the Engineer, immediately take steps to remedy the situation. All costs of prosecuting the Work as described herein shall be included in the Contractor's Bid. Should the Contractor fail to take the necessary steps to fully accomplish said purposes, after orders of the Engineer, the Engineer may suspend the work in whole or part, until the Contractor takes said steps. As soon as possible under the provisions of the Specifications, the Contractor shall backfill all excavations and restore to usefulness all improvements existing prior to the start of the Work. Revised 03/25/09 Contract No PKS 09-03 Page 73 of 140 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. The work includes the refurbishment of two (2) restrooms at Stagecoach Community Park. 6-2.3 Project Meetings. The Engineer will establish the time and location of weekly Project Meetings. The Contractor's Representative shall attend each Project Meeting. The Project Representative shall be the individual determined under Section 7-6, "The Contractor's Representative". No separate payment for attendance of the Contractor, the Contractor's Representative or any other employee or subcontractor or subcontractor's employee at these meetings will be made. 6-3 SUSPENSION OF WORK. 6-3.1 General. The Work may be suspended in whole or in part when determined by the Engineer that the suspension is necessary in the interest of the Agency. The Contractor shall comply 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, Revised 03/25/09 Contract No PKS 09-03 Page 74 of 140 shall be deemed to have waived any and all claims for damages because of cancellation of Contract for any such reason. If the Agency declares the Contract canceled for any of the above reasons, written notice to that effect shall be served upon the Surety. The Surety shall, within five (5) days, assume control and perform the Work as successor to the Contractor. If the Surety assumes any part of the Work, it shall take the Contractor's place in all respects for that part, and shall be paid by the Agency for all work performed by it in accordance with the Contract. If the Surety assumes the entire Contract, all money due the Contractor at the time of its default shall be payable to the Surety as the Work progresses, subject to the terms of the Contract. If the Surety does not assume control and perform the Work within 5 days after receiving notice of cancellation, or fails to continue to comply, the Agency may exclude the Surety from the premises. The Agency may then take possession of all material and equipment and complete the Work by Agency forces, by letting the unfinished Work to another Contractor, or by a combination of such methods. In any event, the cost of completing the Work shall be charged against the Contractor and its Surety and may be deducted from any money due or becoming due from the Agency. If the sums due under the Contract are insufficient for completion, the Contractor or Surety shall pay to the Agency within 5 days after the completion, all costs in excess of the sums due. The provisions of this section shall be in addition to all other rights and remedies available to the Agency under law. 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. Revised 03/25/09 Contract No PKS 09-03 Page 75 of 140V 6-6.2 Extensions of Time. Extensions of time, when granted, will be based upon the effect of delays to the Work. They will not be granted for non-controlling delays to minor portions of the Work unless it can be shown that such delays did or will delay the progress of the Work. 6-6.3 Payment for Delays to Contractor. The Contractor will be compensated for damages incurred due to delays for which the Agency is responsible. Such actual costs will be determined by the Engineer. The Agency will not be liable for damages which the Contractor could have avoided by any reasonable means, such as judicious handling of forces, equipment, or plant. The determination of what damages the Contractor could have avoided will be made by the Engineer. 6-6.4 Written Notice and Report. The Contractor shall provide written notice to the Engineer within two hours of the beginning of any period that the Contractor has placed any workers or equipment on standby for any reason that the Contractor has determined to be caused by the Agency or by any organization that the Agency may otherwise be obligated by. The Contractor shall provide continuing daily written notice to the Engineer, each working day, throughout the duration of such period of delay. The initial and continuing written notices shall include the 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 time of completion of the Contract shall be expressed in working days. The Contractor shall diligently prosecute the work to completion within 40 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 associa- tion, 5. any day the Contractor is prevented from working at the beginning of the workday for cause as defined in Section 6-6.1, 6. any day the Contractor is prevented from working during the first 5 hours with at least 60 percent of the normal work force for cause as defined in Section 6-6.1. Unless otherwise approved in writing by the Engineer, the hours of work shall be between the hours of 7:00 a.m. and 4:00 p.m. on Mondays through Fridays, excluding Agency holidays. Revised 03/25/09 Contract No PKS 09-03 Page 76 of 140 The Contractor shall obtain the written approval of the Engineer if the Contractor desires to work outside said hours or at any time during weekends and/or holidays. This written permission must be obtained at least 48 hours prior to such work The Engineer may approve work outside the hours and/or days stated herein when, in his/her sole opinion, such work conducted by the Contractor is beneficial to the best interests of the Agency. The Contractor shall pay the inspection costs of such work. 6-7.3 Contract Time Accounting. The Engineer will make a daily determination of each working day to be charged against the Contract time. These determinations will be discussed and the Contractor will be furnished a periodic statement showing allowable number of working days of Contract time, as adjusted, at the beginning of the reporting period. The statement will also indicate the number of working days charged during the reporting period and the number of working days of Contract time remaining. If the Contractor does not agree with the statement, it shall file a written protest within 15 days after receipt, setting forth the facts of the protest. 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 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. Revised 03/25/09 Contract No PKS 09-03 Page 77 of 140 6-10 USE OF IMPROVEMENT DURING CONSTRUCTION. The Agency reserves the right to take over and utilize ail or part of any completed facility or appurtenance. The Contractor will be notified in writing in advance of such action. Such action by the Agency will relieve the Contractor of responsibility for injury or damage to said completed portions of the improvement resulting from use by public traffic or from the action of the elements or from any other cause, except Contractor operations or negligence. The Contractor will not be required to reclean such portions of the improvement before field acceptance, except for cleanup made necessary by its operations. Nothing in this section shall be construed as relieving the Contractor from full responsibility for correcting defective work or materials. In the event the Agency exercises its right to place into service and utilize all or part of any completed facility or appurtenance, the Agency will assume the responsibility and liability for injury to persons or property resulting from the utilization of the facility or appurtenance so placed into service, except for any such injury to persons or property caused by any willful or negligent act or omission by the Contractor, Subcontractor, their officers, employees, or agents. SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-1 CONTRACTOR'S EQUIPMENT AND FACILITIES. The Contractor shall furnish and maintain in good condition all equipment and facilities as required for the proper execution and inspection of the Work. Such equipment and facilities shall meet all requirements of applicable ordinances and laws. 7-2 LABOR. 7-2.1 General. Only competent workers shall be employed on the Work. Any person employed who is found to be incompetent, intemperate, troublesome, disorderly, or otherwise objectionable, or who fails or refuses to perform work properly and acceptably, shall be immediately removed from the Work by the Contractor and not be reemployed on the Work. 7-2.2 Laws. The Contractor, its agents, and employees shall be bound by and comply with applicable provisions of the Labor Code and Federal, State, and local laws related to labor. The Contractor shall strictly adhere to the provisions of the Labor Code regarding minimum wages; the 8-hour day and 40-hour week; overtime; Saturday, Sunday, and holiday work; and nondiscrimination because of race, color, national origin, sex, or religion. The Contractor shall forfeit to the Agency the penalties prescribed in the Labor Code for violations. 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 Revised 03/25/09 Contract No PKS 09-03 Page 78 of 140 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 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. Revised 03/25/09 Contract No PKS 09-03 Page 79 of 140 The Agency, the Contractor, and each of such workers, contractors and others, shall coordinate their operations and cooperate to minimize interference. The Contractor shall include in its Bid all costs involved as a result of coordinating its work with others, the Contractor will not be entitled to additional compensation from the Agency for damages resulting from such simultaneous, collateral, and essential work. If necessary to avoid or minimize such damage or delay, the Contractor shall redeploy its work force to other parts of the Work. Should the Contractor be delayed by the Agency, and such delay could not have been reasonably foreseen or prevented by the Contractor, the Engineer will determine the extent of the delay, the effect on the project, and any extension of time. 7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility companies during the relocation or construction of their lines. The Contractor may be granted a time extension if, in the opinion of the Engineer, a delay is caused by the utility company. No additional compensation will be made to the Contractor for any such delay. 7-8 PROJECT SITE MAINTENANCE. 7-8.1 Cleanup and Dust Control. Throughout all phases of construction, including suspension of work, and until the final acceptance, the Contractor shall keep the site clean and free from rubbish and debris. The Contractor shall also abate dust nuisance by cleaning, sweeping and sprinkling with water, or other means as necessary. The use of water resulting in mud on public streets will not be permitted as a substitute for sweeping or other methods. When required by the Plans or Specifications, the Contractor shall furnish and operate a self- loading motor sweeper with spray nozzles at least once each working day for the purpose of keeping paved areas acceptably clean wherever construction, including restoration, is incomplete. Materials and equipment shall be removed from the site as soon as they are no longer necessary. Before the final inspection, the site shall be cleared of equipment, unused materials, and rubbish so as to present a satisfactory clean and neat appearance. All cleanup costs shall be included in the Contractor's Bid. Care shall be taken to prevent spillage on haul routes. Any such spillage shall be removed immediately and the area cleaned. Excess excavation material from catch basins or similar structures shall be removed from the site immediately. Sufficient material may remain for use as backfill if permitted by the Specifications. Forms and form lumber shall be removed from the site as soon as practicable after stripping. 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. Revised 03/25/09 Contract No PKS 09-03 Page 80 of 140 The Contractor shall conduct effective cleanup and dust control throughout the duration of the Contract. The Engineer may require increased levels of cleanup and dust control that, in his/her sole discretion, are necessary to preserve the health, safety and welfare of the public. Cleanup and dust control shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. 7-8.2 Air Pollution Control. The Contractor shall not discharge smoke, dust, or any other air contaminants into the atmosphere in such quantity as will violate the regulations of any legally constituted authority. 7-8.3 Vermin Control. At the time of acceptance, structures entirely constructed under the Contract shall be free of rodents, insects, vermin, and pests. Necessary extermination work shall be arranged and paid for by the Contractor as part of the Work within the Contract time, and shall be performed by a licensed exterminator in accordance with requirements of governing authorities. The Contractor shall be liable for injury to persons or property and responsible for the elimination of offensive odors resulting from extermination operations. 7-8.4 Sanitation. The Contractor shall provide and maintain enclosed toilets for the use of employees engaged in the Work. These accommodations shall be maintained in a neat and sanitary condition. They shall also comply with all applicable laws, ordinances, and regulations pertaining to public health and sanitation of dwellings and camps. Wastewater shall not be interrupted. Should the Contractor disrupt existing sewer facilities, sewage shall be conveyed in closed conduits and disposed of in a sanitary sewer system. Sewage shall not be permitted to flow in trenches or be covered by backfill. 7-8.5 Temporary Light, Power, and Water. The Contractor shall furnish, install, maintain, and remove all temporary light, power, and water at its own expense. These include piping, wiring, lamps, and other equipment necessary for the Work. The Contractor shall not draw water from any fire hydrant (except to extinguish a fire), without obtaining permission from the water agency concerned. The Contractor shall obtain a construction meter for water used for the construction, plant establishment, maintenance, cleanup, testing and all other work requiring water related to this contract. The Contractor shall contact the appropriate water agency for requirements. The Contractor shall pay all costs of temporary light, power and water including hookup, service, meter and any, and all, other charges, deposits and/or fees therefore. Said costs shall be considered incidental to the items of work that they are associated with arid no additional payment will be made therefore. 7-8.6 Water Pollution Control. The Contractor shall exercise every reasonable precaution to protect channels, storm drains, and bodies of water from pollution. It shall conduct and schedule operations so as to minimize or avoid muddying and silting of said channels, drains, and waters. Water pollution control work shall consist of constructing those facilities which may be required to provide prevention, control, and abatement of water pollution. The Contractor shall comply with the California State Water Resources Control Board (SWRCB) Order Number 99-08-DWQ, National Pollutant Discharge Elimination System (NPDES) General Permit Number CAS000002, Waste Discharge Requirements (WDR's) for Discharges of Storm Water Runoff associated with Construction Activity (General Permit) and subsequent adopted modifications and with all requirements of the Storm Water Pollution Prevention and Monitoring Plans for this project in accordance with these regulations. 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 Revised 03/25/09 Contract No PKS 09-03 Page 81 of 140 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 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. 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 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. i Revised 03/25/09 Contract No PKS 09-03 Page 82 of 140 7-10.2 Storage of Equipment and Materials in Public Streets. Construction materials shall not be stored in streets, roads, or highways. Contractor may store a limited amount of construction materials within the on-site Parks Maintenance Yard. The Project Inspector will inform the Contractor of specific area(s) within the Parks Maintenance yard where materials may be stored. The City will not be responsible for the loss or damage of any of the Contractor's materials store within the Parks Maintenance Yard. 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. 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, flag persons, and watch persons. 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 Revised 03/25/09 Contract No PKS 09-03 Page 83 of 140 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.let seq. All temporary reflective channelizers shall conform to the provisions of Section 214-5.2 et seq. All paint for temporary traffic striping, pavement marking, and curb marking shall conform to the provisions of Section 210-1.6 et seq. except that all temporary paint shall be rapid dry water borne conforming to Section 210-1.6 for materials and Section 310-5 et seq. For workmanship. Warning and advisory signs, lights and devices installed or placed to provide traffic control, direction and/or warning shall be furnished, installed and maintained by the Contractor. Warning and advisory signs, lights and devices shall be promptly removed by the Contractor when no longer required. Warning and advisory signs that remain in place overnight shall be stationary mounted signs. Stationary signs that warn of non-existent conditions shall be removed from the traveled way and from the view of motorists in the traveled way or shielded from the view of the traveling public during such periods that their message does not pertain to existing conditions. Care shall be used in performing excavation for signs in order to protect underground facilities. All excavation required to install stationary construction area signs shall be performed by hand methods without the use of power equipment. Warning and advisory signs that are used only during working hours may be portable signs. Portable signs shall be removed from the traveled way and shielded from the view of the traveling public during non-working hours. During the hours of darkness, as defined in Division 1, Section 280, of the California Vehicle Code, portable signs shall be illuminated or, at the option of the Contractor, shall be in conformance with the provisions in Section 206-7.2 et seq. If illuminated traffic cones rather than post-type delineators are used during the hours of darkness, they shall be affixed or covered with reflective cone sleeves as specified in CALTRANS "Standard Specifications", except the sleeves shall be 7" long. Personal vehicles of the Contractor's employees shall not be parked within the traveled way, including any Section closed to public traffic. Whenever the Contractor's vehicles or equipment are parked on the shoulder within 6' of a traffic lane, the shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taper in advance of the parked vehicles or equipment and along the edge of the pavement at not less than 25' intervals to a point not less than 25' past the last vehicle or piece of equipment. A minimum of nine (9) cones or portable delineators shall be used for the taper. A W20-1 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted, as required herein, on a signpost or telescoping flag tree with flags. The signpost or flag tree shall be placed where directed by the Engineer. 7-10.4 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. Revised 03/25/09 Contract No PKS 09-03 Page 84 of 140 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. 7-10.4.3 Special Hazardous Substances and Processes. Materials that contain hazardous substances or mixtures may be required on the Work. A Material Safety Data Sheet as described in Section 5194 of the California Code of Regulations shall be requested by the Contractor from the manufacturer of any hazardous products used. Material usage shall be accomplished with strict adherence to California Division of Industrial Safety requirements and all manufacturer warnings and application instructions listed on the Material Safety Data Sheet and on the product container label. The Contractor shall notify the Engineer if a specified product cannot be used under safe conditions. 7-10.4.5 Safety and Protection of Workers and Public. The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the work is being performed. The Contractor shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and public, and shall use danger signs warning against hazards created by such features of construction as protruding nails, hoists, well holes, and falling materials. 7-11 PATENT FEES OR 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. Revised 03/25/09 Contract No PKS 09-03 Page 85 of 140 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 71 03.5 of the Public Contract Code provides: "In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec 15) or Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or subcontract. The assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment of the parties." SECTION 8 - FACILITIES FOR AGENCY PERSONNEL 8-1 GENERAL. A Field Office for Agency personnel is not required. 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. 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 Revised 03/25/09 Contract No PKS 09-03 Page 86 of 140 quantities show either an increase or decrease from the quantities given in the Bid schedule, the Contract Unit Prices will prevail subject to the provisions of Section 3-2.2.1. The unit and lump sum prices to be paid shall be full compensation for the items of work and all appurtenant work, including furnishing all materials, labor, equipment, tools, and incidentals. Payment will not be made for materials wasted or disposed of in a manner not called for under the Contract. This includes rejected material not unloaded from vehicles, material rejected after it has been placed, and material placed outside of the Plan lines. No compensation will be allowed for disposing of rejected or excess material. Payment for work performed or materials furnished under an Assessment Act Contract will be made as provided in particular proceedings or legislative act under which such contract was awarded. Whenever any portion of the Work is performed by the Agency at the Contractor's request, the cost thereof shall be charged against the Contractor, and may be deducted from any amount due or becoming due from the Agency. Whenever immediate action is required to prevent injury, death, or property damage, and precautions which are the Contractor's responsibility have not been taken and are not reasonably expected to be taken, the Agency may, after reasonable attempt to notify the Contractor, cause such precautions to be taken and shall charge the cost thereof against the Contractor, or may deduct such cost from any amount due or becoming due from the Agency. Agency action or inaction under such circumstances shall not be construed as relieving the Contractor or its Surety from liability. Payment shall not relieve the Contractor from its obligations under the Contract; nor shall such payment be construed to be acceptance of any of the Work. Payment shall not be construed as the transfer of ownership of any equipment or materials to the Agency. Responsibility of ownership shall remain with the Contractor who shall be obligated to store any fully or partially completed work or structure for which payment has been made; or replace any materials or equipment required to be provided under the Contract which may be damaged, lost, stolen or 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 Revised 03/25/09 Contract No PKS 09-03 Page 87 of 140 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 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 Revised 03/25/09 Contract No PKS 09-03 Page 88 of 140 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, 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. 9-3.3.1 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 included in the various items of work and no other payment will be made. Revised 03/25/09 Contract No PKS 09-03 Page 89 of 140 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 2, CONSTRUCTION MATERIALS SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS 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. 201-3 EXPANSION JOINT FILLER AND JOINT SEALANTS 201-3.4 Type "A" Sealant (Two-Part Polyurethane Sealant). Add the following: All finished concrete surfaces shall have a Vz" continuous expansion joint at locations indicated on the plans and notes and shall be located either parallel to perpendicular to the curb line. When not otherwise indicated, all expansion joints located adjacent to colored concrete shall be sealant Type "A" and colored to match the color of the concrete surface. Contractor shall provide joint sealants that have been produced and installed to establish and to maintain watertight and airtight continuous seals without causing staining or deterioration of joint substrates. Contractor shall submit product data from the manufacturer of each joint sealant product required, including instructions for joint preparation and joint sealer application. Contractor shall also submit samples for initial selection purposes in form of manufacturer's standard bead samples, consisting of strips of actual products showing full range of colors available, for each product exposed to view. Samples shall be submitted to Engineer. Submit complete schedule of type (and location where type is to be used) of each sealant. Contractor shall engage an experienced installer who has completed joint sealant applications similar in material, design and extent to that indicated for Project that have resulted in construction with a record of successful in-service performance. Provide joint sealants, joint fillers, and other related materials that are compatible with one another and with joint substrates under conditions of service and application, as demonstrated by sealant manufacturer based on testing and field experience. Provide color selections made by Engineer from manufacturer's full range of standard colors for products of type indicated. Sealant color parallel to curbline shall match color of Paving Treatment Type "A" as specified in Section 201-1.2.4(a) of these Special Provisions. Joint sealants shall be multi-component polyurethane sealant. Except as otherwise indicated, provide manufacturer's standard, non-modified, 2-or-more-part, polyurethane-based, elastomeric sealant; complying with either ASTM-C-920-87, Type M, Grade P, Class 25, or FS TT-S 0227E Class A, non-sag, Type II. Revised 03/25/09 Contract No PKS 09-03 Page 90 of 140 Acceptable Products: "Sonneborn NPII"; Sonneborn Building Products Division; "Scofield Lithoseal Trafficalk 3-G", L.M. Scofield Company; or equivalent, as approved by the Engineer. Provide sealant backings of material and type that are non-staining; are compatible with joint substrates, sealants, primers and other joint fillers; and are approved for applications indicated by sealant manufacturer based on field experience and laboratory testing. Plastic foam joint fillers shall be preformed, compressible, resilient, non-staining, non-waxing, non- extruding strips of flexible plastic foam either open-cell polyurethane foam or closed-cell polyethylene foam, subject to approval of sealant manufacturer, for cold-applied sealants only. Polystyrene foam is not acceptable. SECTION 213 - ENGINEERING FABRICS Add the following section: 213-3 EROSION CONTROL SPECIALTIES. Add the following section: 213-3 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") crushed rock and securely tied closed. Plastic bags are not acceptable. Revised 03/25/09 Contract No PKS 09-03 Page 91 of 140 APPENDIX A SUPPLEMENTAL PROVISIONS FOR STAGECOACH PARK RESTROOMS REFURBISHMENT CONTRACT NO. PKS 09-03 SPECIAL CONSTRUCTION PROVISIONS 1. The Work The Contract work to be performed hereunder includes the furnishing of all labor and equipment and furnishing and installing all materials, unless herein specifically excepted, necessary for the complete and satisfactory refurbishment of two (2) restrooms at Stagecoach Community Park. The work shall consist of the following: • Install temporary fencing for the duration of the project. • Supply one (1) standard portable restroom and one (1) handicapped accessible portable restroom at each restroom location. A portable hand washing station shall be supplied at each location. The portable restrooms and hand wash stations shall be cleaned and ser- viced at least three times per week (Mon. - Weds. - Fit). • Prepare and paint all interior surfaces of the men's and women's restroom, which includes but is not limited to all walls, ceilings, doors and trim. Preparation of surfaces includes but is not limited to the removal of any screws, nails, bolts or any other foreign objects, and the patching of any holes, voids or cracks. • Prepare and paint all exterior surfaces of blockhouse, which includes but is not limited all walls, doors and trim. Preparation of surfaces includes but is not limited to the removal of any screws, nails, bolts or any other foreign objects, and the patching of any holes, voids or cracks. • Remove and replace all partition walls and doors in both men's and women's restrooms. • Remove and replace entrance doors and frames to both men's and women's restrooms, including all associated hardware. • Remove and replace wall vents in both men's and women's restrooms. • Remove and replace toilet tissue and toilet seat cover dispensers. Locations for the new combination dispensers to be field specified by Project Inspector. • Remove and replace all flush valves in men's and women's restrooms. Revised 03/25/09 Contract No PKS 09-03 Page 92 of 140 • Prepare floors in both men's and women's restroom, and apply non-slip floor coating. Floor coating shall extend to the top of the first course of slump block and stay at a consistent height throughout. • Remove and replace existing light fixtures and lamps, including all materials necessary to connect new fixtures to existing wiring. • Remove existing MEN and WOMEN signs. Install new MEN and WOMEN ADA compliant MEN and WOMEN wall mounted signs. Sign locations to be field specified by Project Inspector. • Restore all adjacent areas and improvements to pre-construction conditions. Contractor shall, upon completion of all work required herein, initially operate all components of the Contract Work installed or furnished and installed by him, and make any additional, adjustments, corrections, repairs, replacements, and reconstruction's necessary to provide Owner with complete, correctly operating restroom and appurtenances. 2. Work Site The Contract work site is located in the City of Carlsbad. The Stagecoach Community Park restrooms are located at 3420 Camino de los Coches. Bidders shall review the project sites prior to submitting a bid. 3. Notice of Award and Notice to Proceed Upon Notice of Award, Contractor is hereby authorized to execute Contract and secure Performance and Payment Bonds and Certificates of Insurance. Upon execution of Contract by Owner, Contractor is authorized to begin document submission, material ordering, and construction scheduling. 4. Data to be Submitted by Contractor Contractor shall furnish Owner submittals for all equipment, equipment components, fabricated materials, and materials to be furnished for review and acceptance by Owner prior to Contractor performing work to which data pertains. Submittals shall be provided in accor- dance with the "Contractors Submittals Technical Specifications". Prior to beginning construction, Contractor shall submit 24-hour emergency phone numbers for the construction superintendent, construction foreman, and all company principals. 5. Contractor Cooperation and Coordination Contractor shall cooperate with Owner, San Diego Gas and Electric, and all other jurisdictional agencies. Owner will have representatives on site to observe and verify com- pliance with Contract Documents. Contractor shall perform work in a manner not to interfere with operation of other park facilities nor operate any existing facilities. Revised 03/25/09 Contract No PKS 09-03 Page 93 of 140 Contractor shall perform his work in accordance with the sequence of work as specified herein. Contractor shall coordinate all work with the Owner. A detailed schedule of pro- posed work shall be provided to the Owner the Thursday preceding each week. 6. Permits, Licenses, Certificates, Laws and Ordinances A. Contractor and all subcontractors shall procure and maintain a valid City of Carlsbad Business License for the duration of the Contract. B. California Regional Water Quality Control Board. San Diego Region Contractor shall, at his expense, obtain authorization to discharge water from ground water extraction (dewatering), line flushing, and testing operations from the California Regional Water Quality Control Board, San Diego Region (Regional Board). A copy of said discharge authorization shall be provided to the Owner. Contractor shall comply with conditions therein and perform the monitoring required. Contractor shall not allow any discharges from the construction site, which may have an adverse effect on receiving waters of the United States. Contractor shall not allow any groundwater extraction water to be discharged from construction site except in full compliance with the General Waste Discharge Requirements for Ground Water Extraction and Similar Discharges from Construction and Remediation Projects (Order No. 96-41) adopted by the Regional Board. Prior to submitting Bid, Contractor shall obtain a copy of said Order No. 96-41 and review all compliance requirements therein, including monitoring, testing, and reporting. Contractor shall provide all labor, material, and equipment necessary to comply with Regional Board requirements for discharge water from groundwater extractions, line flushing, and testing operations, including all monitoring, testing, and reporting. 7. Storage of Materials and Equipment Contractor shall not store materials or equipment on private or public property without written permission from the affected property owners approving such use. Said written permission shall be submitted to Owner prior to Contractor moving materials or equipment onto site. Contractor may store a limited amount of construction materials in the on-site Parks Main- tenance Yard. The Project Inspector will inform the Contractor of specific area(s) within the Parks Maintenance Yard where materials may be stored. The City will not be responsible for the loss or damage of any of the Contractor's materials store within the Parks Maintenance Yard. Contractor's equipment shall be removed from public or private right-of-way and placed in the Contractor's designated storage areas at the end of each workday. Contractor may utilize paved areas in the adjoining park site for storage of materials and equipment. The contractor shall install temporary construction fencing around the storage area and will be required to return the area to its pre-construction condition. Revised 03/25/09 Contract No PKS 09-03 Page 94 of 140 8. Preservation of Existing Improvements, Restoration of Work Site and Disposal of Spoil and Waste Materials A. Contractor shall perform his operations so that existing improvements (including roads and other paved surfaces adjacent to or in the vicinity of the work site are not damaged. Contractor shall repair and restore any disturbed or damaged private or public improvements which results from his operations (except that which is specifically a part of the Contract Work) to the satisfaction of the Owner, or the agency having jurisdiction over said improvements, all at his expense. B. All work sites shall be restored to pre-job conditions and shall meet the requirements of Owner and property owner. Owner is obligated to keep visual impact of the work sites to a minimum; therefore, Contractor is required to restore all areas altered by construction to pre-existing conditions. Such areas shall include, but shall not be limited to, areas used for travel, parking, and storage of vehicles, equipment and materials. C. Contractor shall be responsible for the proper disposal of all waste materials resulting from his operations, including rubbish, packaging materials, discarded equipment parts, and damaged construction materials, in a manner and at locations suitable to the Owner and all health and other regulatory agencies. 9. Construction Water Contractor shall obtain a water meter from Olivenhain Municipal Water District (OMWD) and install same at the location described hereinafter. Contractor shall pay all costs for meter and water used during construction. OMWD can be contacted at: (760) 753-6466. Sources of construction water will be a fire hydrant in the vicinity of the project site. Contractor shall furnish and install all necessary piping and appurtenances, including pumps, necessary to convey water from OMWD's system to places of use within the work site. Contractor shall supply an OMWD approved backflow prevention device. Said device shall be utilized with water meter when Contractor is obtaining water from the existing system. 10. Salvage Contractor shall meet with the Owner prior to removal of any material or equipment from the Existing Facility, and the Owner shall designate which equipment, piping, valves, and fittings (if any) are to be salvaged by the Contractor. Salvage shall be delivered, unloaded, and stored by the Contractor as directed by Owner at the Parks Maintenance Yard at 1166 Carlsbad Village Drive, Carlsbad, CA 92008. All other equipment and materials removed shall be considered waste and disposed of by the Contractor. 11. Operation and Maintenance Manuals and Training The Contractor shall provide six (6) approved copies of detailed operations and maintenance (O&M) manuals at least 15 days prior to startup and testing for all mechanical and electrical equipment he furnishes. O&M manuals shall be provided for all equipment and shall be in accordance with requirements of "Contractors Submittals Technical Specifications." O&M manuals shall be submitted as shop drawings and shall be subject to approval by the Owner at no cost to the Owner. 12. Specified Model Numbers All model numbers used herein are provided for information only, to assist Contractor in selecting equipment that conforms to specifications. In case of any conflict between model Revised 03/25/09 Contract No PKS 09-03 Page 95 of 140 numbers given herein and the descriptive specifications or performance specified, the descriptive specifications and performance specified shall govern. 13. Inspection Fees Contractor shall bear all costs and fees incurred as a result of inspection services furnished by utilities or others. In the event the Contractor requests to work outside the stated working hours, or on holidays, Saturdays, or Sundays, and the Owner agrees to same, the Contractor shall pay for the Inspector's time at the rate of $100.00 per hour. Inspection by the Building Official will not be available after hours or on weekends or holidays. 14. Compliance With Contract Documents Contractor shall comply with all instructions of Owner to insure compliance with the Contract Documents, including timely completion of work each day, work site clean-up, control of traffic, and placement of signs. If Contractor does not comply with the Contract Documents, then Owner shall provide the required labor, materials, and equipment to perform same and shall deduct the cost from monies otherwise due under the Contract. 15. Safety Requirement of Equipment Furnished by Contractor The equipment furnished by Contractor shall comply with the applicable requirements of the Safety Orders of the Division of Industrial Safety of the State of California. Copies of the Safety Orders as available at the Printing Division, Documents Section, State of California, Sacramento, California 95814. 16. Best Management Practices (BMPs) The Contractor shall incorporate and comply with all applicable Best Management Practices (BMPs) during the completion of this agreement. All work must be in compliance with the most current San Diego Regional Water Quality Control Board (RWQCB) permit, Carlsbad Municipal code and the City of Carlsbad Jurisdictional Urban Runoff Management Plan (JURMP) incorporated herein by reference. The Contractor shall indicate in his proposal methods of compliance, equipment utilized to insure compliance, training of staff and experience in compliance with environmental regulations. If in the opinion of the project manager, the Contractor is not in compliance with this provision City reserves the right to implement BMPs to the maximum extent practical, and deduct payment due or back charge the Contractor for implementation with a 15% markup for administration and overhead. Revised 03/25/09 Contract No PKS 09-03 Page 96 of 140 APPENDIX B SPECIAL PROVISIONS TECHNICAL SPECIFICATIONS Submittals Part 1 General 1.01 Description 99 1.02 Progress Schedule 99 1.03 Shop Drawing Submittal 99 1.04 Materials Sample Submittal 101 Misc. Piping and Appurtenances Part 1 General 1.01 Description 102 1.02 Reference Specifications, Codes and Standards 102 1.03 Contractor Submittals 102 Part 2 Products 2.01 Copper Tubing 102 2.02 PVCPipe 103 2.03 Insulating Connections 103 Part 3 Execution 3.01 Installation 103 Doors, Frames and Hardware Part 1 General 1.01 Description 105 1.02 Field Measurement 105 1.03 Submittals 105 Part 2 Products 2.01 Manufacturer 105 2.02 Hollow Metal Door and Frame Fabrication 106 2.03 Door Hardware 107 Part 3 Execution 3.01 Hollow Metal Doors and Frames 110 3.02 Door Hardware 110 Revised 03/25/09 Contract No PKS 09-03 Page 97 of 140 Plumbing Fixtures Part 1 General 1.01 Description 112 Part 2 Products 2.01 Flush Meters 112 2.02 Toilet Tissue Dispenser 113 Part 3 Installation 113 Revised 03/25/09 Contract No PKS 09-03 Page 98 of 140 CONTRACTOR SUBMITTALS TECHNICAL SPECIFICATIONS PART 1 - GENERAL 1.01 Description This Section covers requirements for submittals and forms a part of all other Sections in which submittals are specified or required. A. Submittal Requirements Included in this Section 1. Contractor's Construction Schedule 2. Shop Drawings 3. Material Samples, Including Color Samples for Paint, Roofing Materials etc. 4. Operation and Maintenance Manuals 5. Requests for Substitutions or Equals 6. Record Drawings 1.02 Progress Schedule A. Within thirty (30) days of Notice of Award, Contractor shall submit a Construction Schedule for construction progress control, prepared on 11 inch x 17 inch charts. All construction activities and procurement shall be indicated in a time scaled format and a calendar shall be shown on all sheets along the entire sheet length. Each activity arrow or node shall be plotted so that the beginning and ending dates of said activity can be determined graphically by comparison with the calendar scale. B. The duration estimate indicated for each activity shall be computed in working days and shall be shown on the construction schedule in calendar days. It shall represent the single best estimate considering the scope of the work and resources planned for the activity. Except for certain non-labor activities, such as curing concrete or delivering materials, activity duration shall not exceed ten (10) working days (fourteen (14) calendar days), nor be less than one (1) working day unless otherwise accepted by Owner. Contractor shall modify any portions of the construction schedule that become infeasible due to activities behind schedule or for any other valid reason. Any activity that cannot be completed by its original latest completion date shall be deemed to be behind schedule. 1.03 Shop Drawing Submittal A. Unless otherwise specified in the Contract Documents, Contractor shall furnish for all equipment and materials to be furnished and installed for the project at least six (6) copies of each shop drawing for Owner's review and approval. Four (4) copies will be retained for Owner's use, and two (2) copies will be returned to Contractor. The term "Shop Drawings" as used herein shall be understood to include all data covering all equipment, equipment components, fabricated materials, and furnished materials. Revised 03/25/09 Contract No PKS 09-03 Page 99 of 140 Data shall include, but shall not be limited to, design calculations, equipment drawings, fabrication and installation drawings, erection drawings, mix designs, operating instructions, catalog sheets, data sheets, lists, graphs, and similar items. Data shall demonstrate compliance with the Contract Documents. Contractor shall submit shop drawings in a timely manner. Contractor shall allow a reasonable period for Owner's review and approval of shop drawings. Contractor shall be responsible for any project delays resulting from late submittal of initial shop drawings or re-submittal of corrected or revised shop drawings. B. Method of Submittal Contractor shall deliver shop drawings submittals by means of dated, signed, and sequence numbered transmittals on Contractor's letterhead. Contractor shall clearly describe the submittal contents, identifying whether initial or subsequent submittals and stating the drawing numbers and specification sections, articles, and paragraphs to which the shop drawings pertain. All data sheets, catalog cuts, or drawings showing more than the particular item under consideration shall be marked to delete all but the applicable information. Contractor shall comply with Section 2-5.3.3 of the Special Provisions for acceptable form of Submittals. C. Deviations or Exceptions from Contract Documents Where proposed equipment or materials, equipment components, equipment functions, or equipment operations deviate from the specifications and whenever ex- ceptions to the specifications are taken, it shall be clearly noted on the shop drawing submittals. Deviations shall include references to the specific sections, parts, and pa- ragraphs or drawing numbers and notes for which the deviations or exceptions are made. D. Contractor's Review All shop drawing submittals shall be carefully reviewed by Contractor prior to submission to Owner. Contractor shall indicate by a signed and dated stamp on the submittal that Contractor has checked the shop drawings as being correct and in strict conformance with the Contract Documents. Shop drawings not so reviewed by Contractor may be returned without action taken by Owner, and any delays caused thereby shall be the responsibility of the Contractor. E. Owner's Review 1. Owner's review of the shop drawings submitted by Contractor will cover only general conformity to the Contract Documents. The review of shop drawings shall not relieve Contractor of full responsibility for any deviation from the requirements of the Contract Documents. As specified above, deviations or exceptions to the Contract Documents shall be clearly indicated on the shop drawings. Contractor shall be responsible for any errors or omissions in the shop drawings or for the accuracy of dimensions, quantities, and the design of adequate connections and details. 2. Unless specified elsewhere, Owner will return three (3) sets of shop drawing submittals to Contractor with his comments noted thereon, within fifteen (15) working days following their receipt by Owner. It is expected that Contractor shall prepare his submittals in such a manner that he is able to obtain a complete and acceptable submittal by the second submission. Owner Revised 03/25/09 Contract No PKS 09-03 Page 100 of 140 reserves the right to deduct monies from the amounts due to Contractor to cover the cost of the Owner's review beyond the second submission. Corrections and Re-submittals Contractor shall make all required corrections and shall resubmit the required number of corrected shop drawings until found in general conformance with the Contract Documents and design concept of the project. No work that requires shop drawing submittals shall be purchased or commenced until the pertinent shop drawings have been submitted, reviewed, and approved. 1.04 Material Samples Submitted A. General Whenever in the Contract Documents material samples are required, Contractor shall submit to Owner not less than two (2) samples of each such item for review and approval, all at no additional cost to Owner. Upon receiving approval by Owner, one (1) set of the samples will be stamped and dated by Owner and returned to Contractor, and one (1) set of samples shall remain at the job site until completion of the work. Revised 03/25/09 Contract No PKS 09-03 Page 101 of 140 MISCELLANEOUS PIPING AND APPURTENANCES TECHNICAL SPECIFICATIONS PART 1 - GENERAL 1.01 Description Pipe shall be furnished and installed as specified in the Specifications and as shown on the Drawings. Where pipe is not specified therein, pipe shall be as specified in Miscellaneous Piping and Appurtenances Technical Specifications. Contractor shall furnish and install piping specialties as shown and specified, complete, including small steel pipe, stainless steel pipe, copper tubing, solvent-welded PVC pipe, mechanical and sleeve couplings, gaskets, bolts, insulating connections, and such other specialties as required for a complete and operable piping system in accordance with the requirements of the Contract Documents. 1.02 Reference Specifications, Codes, and Standards Commercial Standards ANSI/NFPA 70-84 National Electric Code ASTM A 120-84 Specification for Pipe, Steel, Black and Hot-Dipped Zinc- Coated (galvanized) Welded and Seamless, for Ordinary Uses. ASTM A312-84C Specification for Seamless and Welded Austenitic Stainless Steel Pipe. ASTM B 62-82a Specification for Composition Bronze or Ounce Metal Castings. ASTM B 88-83a Specifications for Seamless Copper Water Tube. ASTM D 1785-83 Specification for Poly (Vinyl Chloride) (PVC) Plastic Pipe, Schedules 40, 80, and 120. 1.03 Contractor Submittals Contractor shall submit manufacturer's product specifications and performance details in accordance with "Contractor Submittals Technical Specifications". PART 2 - PRODUCTS 2.01 Copper Tubing Copper tubing shall conform to the requirements of ASTM B 88 and shall be Type K, soft temper for buried tubing and hard-drawn for above-ground application. Fittings shall be soldered or sweated on and shall be of cast bronze or forged brass containing 85 percent copper. Revised 03/25/09 Contract No PKS 09-03 Page 102 of 140 Soldered joints for water working pressures below 100 psi shall contain 50-percent tin and 50-percent lead. For higher water working pressures and for compressed air lines, soldered joints shall contain 95-percent tin and 5-percent antimony. For oxygen service, joints shall be made with silver solder. 2.02 PVC (Polyvinyl Chloride) Pipe, Schedules 40 and 80 PVC pipe shall be made from all new rigid un-plasticized polyvinyl chloride and shall be Normal Impact (Type I) to conform to the requirements of ASTM D 1785, unless otherwise shown. Schedule 40 fittings shall conform to ASTM D-2466, Schedule 80 socket fittings to ASTM D-2467 and ASTM D-2464 for threaded Schedule 80 fittings. Unless otherwise shown, joint design shall be for solvent-welded. Both pipe and fittings shall be the product of one manufacturer. 2.03 Insulating Connections A. General Insulating bushings, unions, couplings or flanges, as appropriate, shall be used for joining pipes of dissimilar metals, and for piping systems where corrosion control and cathodic protection are involved, or where specified on drawings. B. Material Insulating connections shall be of nylon, Teflon, polycarbonate, polyethylene or other non-conductive materials, and shall have ratings and properties to suit the service and loading conditions. PART 3 - EXECUTION 3.01 Installation A. General All piping shall be installed as specified in the Basic Pipeline or Basic Sewer Specifications. B. PVC and CPVC Pipe PVC and CPVC pipe joints shall be solvent-welded in accordance with the manufacturer's instructions. Expansion joints or pipe bends shall be provided to absorb pipe expansion over a temperature range of 100 degrees F, unless otherwise shown. Care shall be taken to provide sufficient supports, anchors, and guides, to avoid stress on the piping. The Contractor shall obtain the services of the PVC and CPVC pipe supplier, to instruct the pipe fitters in the correct way of making solvent welded joints. Only clean, fresh solvent shall be used at any time. C. Couplings Pipe couplings shall be installed in strict accordance with the manufacturer's printed recommendations. Revised 03/25/09 Contract No PKS 09-03 Page 103 of 140 D. Gaskets for Flanged Joints Wherever blind flanges are shown, the gaskets shall consist of 1/8-inch thick cloth- inserted rubber or fiber sheet (no asbestos shall be allowed) which shall cover the entire inside surface of the blind flange and shall be cemented to the surface of the blind flange. E. Insulating Connections All insulating connections shall be installed in accordance with manufacturer's printed instructions. Revised 03/25/09 Contract No PKS 09-03 Page 104 of 140 DOORS, FRAMES, AND HARDWARE TECHNICAL SPECIFICATIONS PART 1 - GENERAL 1.01 Description Contractor shall furnish and install all doors, frames, hardware, and related items, complete and operable, as specified herein and shown on the Drawings. 1.02 Field Measurements Prior to fabrication, Contractor shall verify all conditions affecting the work specified herein, including obtaining accurate opening dimensions and embedded anchorage arrangements. Discrepancies shall be reported to the Owner prior to commencing work. 1.03 Submittals Complete fabrication, assembly, and installation drawings, together with details and data governing materials used and other accessories furnished, shall be submitted for approval in accordance with the Contractor Submittals Technical Specifications. Data shall include, but not be limited to, the following: A. Door and frame details. B. Hardware reinforcement. C. Schedules showing sizes, types, and locations of door louvers and glazing, if any. D. Anchorage details. E. Manufacturer's literature and any engineering calculations that may be required elsewhere in this section. F. Complete detailed hardware list, hardware schedule, and manufacture's literature on each item. G. Hardware schedule shall indicate type, manufacturer's name, catalog number, location, and finish of each item to be furnished. Schedule shall also include a complete template list showing template references and data for each item requiring preparation of metal doors and frames. PART 2 - PRODUCTS 2.01 Manufacturer A. Hollow Metal Doors and Frames Doors and frames shall be as manufactured by Krieger Steel Products Co., Security Metal Products Corp., Amweld Building Products, or approved equal. All doors and frames shall be manufactured by a single manufacturer. B. Door Hardware Refer to Hardware Schedule, herein. Revised 03/25/09 Contract No PKS 09-03 Page 105 of 140 2.02 Hollow Metal Door and Frame Fabrication A. General Hollow metal doors and frames shall be manufactured in accordance with the Steel Door Institute. B. Doors Doors shall be of hollow metal construction with steel reinforced ribs, full flush design, 1-3/4" thick, with no visible seams. Door face sheets shall be formed with seamless 16 gauge steel. Seams at edges shall be continuously and fully welded and ground smooth. Filled joints will not be acceptable. Vertical edges of door shall be reinforced with 14 gauge steel channels the entire height of door. Top and bottom of doors shall have continuous 16 gauge reinforcing channels welded to the face sheets. Doors shall be mortised, reinforced (not less than 8 gauge reinforcement for hinges and 12 gauge for locks and closers), drilled, and tapped in accordance with hardware templates. Reinforcement plates (not less than 14 gauge) shall be provided at all surface applied hardware locations. Reinforcement around openings for louvers and glazing shall be 12 gauge channel reinforcement welded to face sheets. Opening sizes shall be as shown on the Drawings. Louvers shall be mounted in the doors prior to painting. Doors shall be rigid and free from warpage or buckle. Tops of exterior doors shall be provided with flush, water, and weather tight top enclosures. Doors shall be formed and bonded to a rigid fireproof and moisture proof honeycomb core. Doors and frames specified or shown on Drawings as fire rated shall conform to Underwriters Laboratories listings and shall be UL labeled, indicating the type of certification rating. C. Door Frames Door frames shall be of type and sizes as shown, formed of 14 gauge steel. Frames shall have integral stops. All seams and joints shall be continuously and fully welded. All exposed welding shall be ground smooth. Frames shall be mortised, reinforced, drilled, and tapped in the shop to receive mortised template hardware as required. Reinforcement shall be 8 gauge at hinges and 12 gauge at strikes and closers. Provide a minimum of 3 adjustable masonry or steel stud type anchors at each jamb (30" on center, maximum). Provide a minimum of 2 frame head anchors. Spot weld 14 gauge metal clip angles to bottom of each jamb member to provide floor anchorage. D. Factory Prime Coating Requirements All interior and exterior doors and frames shall be thoroughly cleaned to remove all rust, scale, grease, and oil, then treated with a chemical compound to assure maximum paint adherence, and prime coated with corrosion-inhibiting primer compatible with finish paint specified on Drawings or in the Basic Coating and Painting Specifications. Revised 03/25/09 Contract No PKS 09-03 Page 106 of 140 E. Door Frames Door frames shall be of type and sizes as shown, formed of 14 gauge type 304 stainless steel. Frames shall have integral stops. All seams and joints shall be continuously and fully welded. All exposed welding shall be ground smooth. Frames shall be mortised, reinforced, drilled, and tapped in the shop to receive mortised template hardware as required. Reinforcement shall be type 304 stainless steel, 8 gauge at hinges and 12 gauge at strikes and closers. Provide a minimum of 3 adjustable masonry or steel stud type anchors at each jamb (30" on center, maximum). Provide a minimum of 2 frame head anchors. Spot weld 14 gauge metal clip angles to bottom of each jamb member to provide floor anchorage. F. Finish All interior and exterior doors shall be provided with smooth gloss surface, minimum Value 88 in accordance with ASTM D523. Color shall be as selected by Owner. Stainless steel frames shall be uncoated and provided with a uniform brushed finish. 2.03 Door Hardware A. General Provide all items of hardware indicated on the Drawings and as herein specified, or where necessary for complete installation and proper operation. Door hardware shall be coordinated with all other related work, including template information for door and frame fabrication. All hardware furnished in connection with doors bearing UL labels or where necessary to meet special requirements will be in strict accordance with conditions established by the authority having jurisdiction and shall be subject to approval of that authority. B. Finish The finish of all hardware shall be 630 (US32D) brush stainless steel, unless otherwise specified in the Hardware Schedule. C. All locks and cylinders shall be master keyed to the Owner's requirements. Hardware supplier shall submit a keying schedule for approval by Owner prior to order for locks and keying of cylinders. Contractor shall coordinate between Owner and hardware supplier in developing keying schedule. At the completion of the project, Contractor shall furnish Owner with 5 master keys and 3 keys per cylinder keying combination. During construction, all locks shall be furnished with construction cylinders and construction keys. Contractor shall furnish Owner with 2 construction master keys. All locks and locksets shall be manufactured by Schlage, no substitutes. Revised 03/25/09 Contract No PKS 09-03 Page 107 of 140 D. Hinges and Pivots Hinges shall be full mortise, template type, unless otherwise specified measuring a minimum of 4.5" x 4.5". All doors over 7'-6" shall have one extra hinge for each 2-1/2' of height and shall measure a minimum of 5"x 4.5". Width of hinges shall be determined by trim conditions. All door hinges shall be provided with non-removable and non-rising pins. E. Locksets and Latch sets All locksets and latch sets shall be mortise type with anti-friction, 2 piece latch bolts, with a minimum 3/4" throw and minimum 1" throw deadbolt. Locksets and latch sets at fire rated doors shall meet code requirements. Function shall be appropriate for door use. All locks shall be provided with the same cylinder and keyway for master keying. All locks shall be the product of the same manufacturer as the locksets, unless otherwise specified. Padlocks shall be heavy-duty type, keyed as directed, and shall be of the same manufacturer as the locksets. Locks and locksets shall be manufactured Schlage, no substitutes. F. Panic Bars (Exit Devices) Where shown on Drawings or specified herein, doors shall be equipped with UL labeled, touchbar exit devices (panic bars) capable of opening door even when locked. Panic bars shall be provided with mortise lock devices and auxiliary bolt for deadlocking, and shall be constructed of corrosion-resistant hardware. Panic bars and shall be as manufactured by Von Duprin, Inc., Sargent, or approved equal. G. Door Closers All door closers shall be the product of one manufacturer. All door closers shall have full metal covers, adjustable spring power and adjustable backcheck. Closers shall have backcheck regulating screws, with separate screws for closing and latching speeds. Whenever possible, closers shall be installed with arms parallel to the closed door. Closers for out-swinging exterior doors shall be top-jamb mounted and furnished with adapter plates for doors under 7'-6". If necessary, closers may be mounted on drop brackets on doors 7'-6" and over. On double doors, provide a door closer on each leaf. Maximum allowable "door closer" opening force shall be: 5 pounds for interior doors, 8.5 pounds for exterior doors, and 15 pounds for fire doors. H. Door Stops and Holders Stops shall be provided with machine screws and threaded anchors at concrete or masonry, and toggle bolts at plaster and gypsum board. I. Push Plates. Pulls, and Kickplates Push plates shall be 4" x 16" x 0.050" thick, unless otherwise specified. All pulls shall be thru-bolted under the push plates and shall have beveled mounting holes. Mounting hardware shall not protrude beyond the plates. Revised 03/25/09 Contract No PKS 09-03 Page 108 of 140 Kickplates shall be stainless steel, 0.050" thick, beveled on 3 sides, 10" high; except where necessary to clear a louver in which case they shall be 8" high. Width shall be door size, less 2" for single doors and door width, less 1" for double doors. J. Thresholds All thresholds not extending beyond face of doorframe shall be 1 piece, full width of opening, 1/2" maximum rise. Thresholds extending beyond face of doorframe may be two-piece and shall have mitered ends for the portion of threshold extending beyond the door frame. All thresholds shall be provided with stainless steel machine screws in threaded expansion anchors at concrete. K. Hardware Schedule The following hardware schedule is provided as a guide. Contractor shall furnish all hardware necessary for the project. Hardware required for any particular location, but not scheduled, shall be the same as that scheduled for similar locations. Catalog numbers listed in the hardware schedule are from the catalogs of the following manufacturers: BBW Builders Brass Works C Corbin Co. H Hager LCN LCN Closers N Norton Door Controls Me McKinney Mfg. Co. P Pemko Mfg. Co. Q Quality Hardware Co. RE Reese Enterprises, Inc. RU Russwin SCH Schlage (No substitute) STA Stanley VD Von Duprin, Inc. Z Zero Weatherstripping Listed manufacturers are used to establish the quality and type of hardware to be furnished. Hardware equal in quality and function may be submitted to Owner for approval, with the exception of items noted "no substitute", provided Contractor demonstrates substitute hardware conforms in function, quality, finish, and workmanship to the products hereinafter specified. Provide product of one manufacturer for each specified hardware item for standardization of appearance, maintenance, and replacement. Hardware Schedule Quantity Item Manuf. Description. Catalog No. Finish HW-1 (Ext. Single Door up to 4'-0" W x 7'-6" H) Each door shall have: A•^ Revised 03/25/09 Contract No PKS 09-03 Page 109 of 140 3 Hinges Me T4B3386 (5") US32D 1 Lockset SCH L464 US26D 1 Stop Q 433ES US26D 1 Holder Q 1149A US26D 1 Threshold H 403S US32D 1 set Head/Jamb P 290AS USP 1 Bottom P 216AV USP 2 Handle H TP4E (Handicap) US32D 2 Pull Plate H A30S (1) cut for cylinder US32D 1 Kick Plate H 190S (CSK) US32D PART 3 - EXECUTION 3.01 Hollow Metal Doors and Frames A. Doors and frames shall be shipped and stored with temporary stiffeners and spreaders to maintain frames in alignment. Storage shall be in a manner that will prevent rusting, damage, or marring of finish. B. All work shall be shop fabricated to required profiles with edges straight, true, and sharp. Fabricate and fit accurately with hairline joints at corners, surfaces free of warp, wave, buckle, and other defects. Welding "Best Grade Commercial Work", with all exposed beads ground smooth. C. Door and frame assemblies shall be installed plumb, square, and level, and be securely and rigidly anchored to the adjoining construction. Door and frame assemblies shall be installed in accordance with approved shop drawings and printed recommendations and instructions of the manufacturer. D. Doors shall be installed with a maximum clearance of 1/8" at head, 3/32" at strike jamb, 1/8" at butt jamb, and as required where thresholds are listed, and shall not exceed the manufacturer's specified limits. E. All work shall be coordinated with the work of related subcontractors and suppliers to assure a proper installation. F. Protect installed doors against damage during construction. 3.02 Door Hardware A. Installation 1. All hardware items shall be installed in accordance with manufacturer's written recommendations and instructions. 2. All finish hardware work shall be neat and secure, installed to develop full strength of components and provide proper function. 3. Contractor shall take preventative measures to avoid marring, scratching, or otherwise damaging adjacent finishes during installation. Revised 03/25/09 Contract No PKS 09-03 Page 110 of 140 4. Latchbolts shall be installed to automatically engage in strikes, whether activated by closers or manually. In no case shall additional manual pressure be required to engage latchbolt in strike. 5. Closers and hinges shall be adjusted to operate doors evenly without noise and binding. Closers, closer arms, and hold-open arms shall be attached with six bolts. 6. Stops and holders shall be installed to allow doors to open as far as possible. 7. Wall mounted hardware shall be installed over solid structural backing or solid blocking in hollow walls. 8. Thresholds shall be installed with ends neatly coped to fit profile of door jamb. Thresholds shall be set in sealant with ends sealed to door jambs, or closed with mitered ends when threshold extends beyond door jamb. 9. All doors shall be provided with weather stripping or seals unless product weather stripping or other special seals are specified. 10. Mounting of door hardware shall be in accordance with the published recommendations of the Door and Hardware Institute. B. Protection 1. Contractor shall provide removable protection on exposed surfaces of hardware to prevent damage or staining of hardware during construction. Hardware protection shall be removed just prior to final cleaning and polishing. 2. All finish hardware shall be fitted and dismantled before painting work and shall be reinstalled after finish painting work or provided with paint protection prior to painting work. C. Warranty All hardware shall be warranted for a period of 2 years from the date of acceptance of the project. Defects in material and workmanship occurring during the warranty pe- riod shall be corrected to the satisfaction of the Owner. D. Special Tools Contractor shall provide 2 sets of installation and adjusting tools. Revised 03/25/09 Contract No PKS 09-03 Page 111 of 140 PLUMBING FIXTURES TECHNICAL SPECIFICATIONS PART 1 - GENERAL 1.01 Description A. Contractor shall furnish all labor, material, and equipment and perform all operations necessary to install all plumbing fixtures and perform all associated plumbing construction as required in the Contract Documents B. Contractor shall make all preparations and do all work necessary to receive and adjoin other work. C. Contractor shall give the work his personal supervision and shall keep a competent foreman on the job at all times. D. Contractor shall inspect and verify position of all pipe and drain locations for connection to other construction including existing plumbing. E. Contractor shall arrange necessary storage space for construction materials at the job site. F. Contractor shall call for all inspections required in the course of his work. G. Contractor shall submit manufacturer's specifications, literature, and drawings, including all pertinent dimensions, to the Owner for approval. Equipment shall be as specified from manufacturers listed. PART 2 - PRODUCTS 2.01 Flush Meter Quiet, Exposed, Diaphragm Type, Chrome Plated Closet Flushometer with the following features: • PERMEX™ Synthetic Rubber Diaphragm with Dual Filtered Fixed Bypass • ADA Compliant Metal Oscillating Non-Hold-Open Handle with Triple Seal • Handle Packing • Aesthetically contoured Cover, Handle Socket and Flanges • 1" I.P.S. Screwdriver Bak-Chek™ Angle Stop • Free Spinning Vandal Resistant Stop Cap • Adjustable Tailpiece • High Back Pressure Vacuum Breaker Flush Connection with One-piece Bottom Hex Coupling Nut • Spud Coupling and Flange for 1%" Top Spud • Sweat Solder Adapter with Cover Tube and Cast Set Screw Wall Flange • High Copper, Low Zinc Brass Castings for Dezincification Resistance • Non-Hold-Open Handle, Fixed Metering Bypass and No External Volume • Adjustment to Ensure Water Conservation • Flush Accuracy Controlled by CID™ Technology Revised 03/25/09 Contract No PKS 09-03 Page 112 of 140 • Diaphragm, Handle Packing, Stop Seat and Vacuum Breaker to be molded from PERMEX™ Rubber Compound for Chloramine Resistance "Sloan Royal Flushometer Model 110.3 2.02 TOILET TISSUE AND TOILET SEAT COVER DISPENSERS WOMEN'S • Surface-mounted toilet-seat-cover dispenser, sanitary napkin disposal, and toilet tissue dispenser shall be type-304 stainless steel with all-welded construction; exposed surfaces shall have satin finish. Toilet tissue dispensers shall be ABS plastic with a type-304 stainless steel waste deflector attached to the top tissue dispenser. Flange shall be drawn and be- veled, one-piece, seamless construction. Unit shall be mounted on side wall of single toilet compartment. Door shall be one-piece, seamless construction; secured to cabinet with a full- length stainless steel piano-hinge; and equipped with two tumbler locks keyed like other Bobrick washroom accessories. Toilet seat-cover dispenser shall hold 1000 paper covers. Self-closing disposal panel shall be secured to cabinet with a spring-loaded, full-length stainless steel piano-hinge has hemmed edges and equipped with an international graphic symbol identifying napkin disposal. Sanitary napkin disposal shall be furnished with a remov- able, leak-proof, molded polyethylene receptacle with a capacity of 0.8-gal. (3.0-L). Unit shall be equipped with two theft-resistant, heavy-duty polyethylene toilet tissue spindles that hold standard-core rolls up to 5-1/4" (135mm) diameter (1800 sheets). Spindles shall be remova- ble from cabinet only when door is open. Bobrick B-3579 or approved equal. MEN'S • Surface-mounted toilet-seat-cover and toilet tissue dispenser shall be type-304 stainless steel with all-welded construction; exposed surfaces shall have satin finish. Toilet tissue dispenser shall be ABS plastic. Flange shall be drawn and beveled, one-piece, seamless construction. Unit shall be mounted on side wall of single toilet compartment. Door shall be one-piece, seamless construction; secured to cabinet with a full-length stainless steel piano- hinge; and equipped with two tumbler locks keyed like other Bobrick washroom accessories. Toilet-seat-cover dispenser shall hold 1000 paper covers. Unit shall be equipped with two theft-resistant, heavy-duty ABS toilet tissue spindles that hold standard-core rolls up to 5-1/4" (135mm) diameter (1800 sheets). Spindles shall be removable from cabinet only when door is open. Bobrick B-3479 or approved equal. **NOTE TO CONTRACTOR / THESE PLUMBIC FIXTURES ARE STANDARD FIXTURES FOR CITY OF CARLSBAD PARK RESTROOM FACILITIES AND ARE INDICATED AS SUCH. NO EXCEPTIONS TO THESE FIXTURES WILL BE ACCEPTED. SUBMITTING A BID INDICATES THAT THE CONTRACTOR AGREES TO SUPPLY THE INDICATED PLUMBING FIXTURES. PART 3 - INSTALLATION Installation shall be in accordance with the UBC and manufacturer's written instructions. Revised 03/25/09 Contract No PKS 09-03 Page 113 of 140 WALL VENT SCREEN ASSEMBLY EQUAL SPACING HELD VERIFY NOTE: GRIND ALL WELDS SMOOTH A/Or TO SCALE 1. Hot Dipped Galvanized Steel Lock Crimp 1" x 1" x 3/16" Square Mesh Screen. Available From McNichols Company. 2. 1-1/2" Wide x 3/16" Thick Galvanized Steel Frame 3. 3/8" Lag Bolts With 2" Embedment (Locations As Shown Above) WALL VENT FRAMING 1. Framing for the wall vents shall be constructed of 2x material. 2. The inside edge of the framing shall be flush with the interior edge of the slump block. The outside edge of the framing shall allow adequate space for the wall vent screen assembly to be mounted, so the the wall vent screen assembly is flush with the exterior edge of the slump block. 3. The wall vent framing shall be secured to the existing slump block using 1/2!> 'Hilti' kwik bolts at 24" O.C., with a minimum 2-1/2" embedment. Revised 03/25/09 Contract No PKS 09-03 Page 114 of 140 HANDICAP SIGNAGE MINIMUM WOMEN BRAILLE SYMBOLS IL U- IDENTIFICATION SI<5N5 TO BE CONSTRUCTED FROM 1/4" THICK "BLUE* PLASTIC. OR HEAT STAMPEP FI6URES. PROVIDE MECHANICAL MOUNTING W VANDAL RESISTANT FASTENERS. COMPLY WITH ARTICLE 4.3OD BRAILLE SYXBOLS; CONTRACT1=C? SRADE 2 BRAILLE DOTS SHALL BE 1/10 INCH O.C. WITH 1/20 INCH SPACE BETt^^ CELLS. DOTS SHALL BE RAISED A MINIMUM OF I/4O INCH ABOVE THE BACKGROUND. ROOM NAME TO BE HELVETICA RAISED INTEGRAL LETTERS ON t/4" THICK, PLASTIC. COLOR TO BE WHITE. I" HK&H LETTERS. SUBMIT SAMPLE * SHOP DRAWING OP ALL REQUIRED SI6NS SLUMP BLOCK WALL a" x 16" x 1/4" PEEP SMOOTH RECESS IN EXISTING BLOCK SIONA&E SET IN BED OF EP0XY Revised 03/25/09 Contract No PKS 09-03 Page 115 of 140 APPENDIX C SPECIAL PROVISIONS BASIC SPECIFICATIONS Coating and Painting Part 1 General 1.01 Scope 118 1.02 Reference Specifications and Standards 119 1.03 Painting Subcontractor 119 1.04 Shop Drawing Submittals 119 1.05 Quality Assurance 119 1.06 Safety and Health Requirements 120 1.07 Extra Stock 121 Part 2 Products 2.01 General 121 2.02 Service Condition A 122 2.03 Service Condition B 123 2.04 Service Condition C 123 2.05 Service Condition D 124 2.06 Service Condition E 125 2.07 Service Condition F 125 2.08 Miscellaneous Coatings 125 Part 3 Execution 3.01 General 126 3.02 Surface Preparation, Ferrous Metal 126 3.03 Surface Preparation, Concrete and Masonry 128 3.04 Surface Preparation, Wood and Composite Materials 128 3.05 Coating and Painting Application, General 128 3.06 Shop Coating 130 3.07 Protective Coating and Painting Schedule 130 3.08 Color Scheme 131 3.09 Cleanup 131 Electrical Part 1 General 1.01 Description 132 1.02 Reference Codes and Standards 132 1.03 Submittals 132 1.04 Delivery Storage and Handling 133 1.05 Public Utilities 134 Revised 03/25/09 Contract No PKS 09-03 Page 116 of 140 Part 2 Products 2.01 General 134 2.02 Conduit 134 2.03 Conductors and Cable 134 2.04 Device Boxes, Junction Boxes, and Fittings 135 2.05 Low-Voltage Cable Splices 135 2.06 Light Fixtures and Lamps 136 2.07 Miscellaneous Equipment and Material 136 Part 3 Execution 3.01 General 136 3.02 Conduit Installation 136 3.03 Conductorand Cable Installation 137 3.04 Installation of Boxes and Wiring Devices 139 3.05 Protection 139 3.06 Workmanship 139 Partition Walls Part 1 General 1.01 Work Included 140 Part 2 Products 2.01 Door, Panels and Urinal Screens 140 2.02 Pilasters 140 2.03 Material 140 2.04 Finish 140 2.05 Door Hardware 140 2.06 Mounting Hardware 140 2.07 Construction Design 140 Part 3 Execution 3.01 Installation 140 Revised 03/25/09 Contract No PKS 09-03 Page 117 of 140 BASIC COATING AND PAINTING SPECIFICATIONS PART 1 - GENERAL 1.01 Scope A. The work included in this section consists of furnishing all labor, materials, apparatus, scaffolding and all appurtenant work in connection with coating and painting, as indi- cated on the drawings and as specified herein. B. In general, the following surfaces are to be coated or painted: 1. Exposed piping and other metal surfaces, interior and exterior. 2. All submerged and intermittently submerged metal surfaces, except stainless steel. 3. All structural and miscellaneous steel, including tanks. 4. All exterior above ground concrete and masonry. 5. The interior of certain structures as specified in the Painting and/or Coating Schedule. 6. Equipment furnished with and without factory finished surfaces. 7. Doors, frames, woodwork and architectural trim work. C. The following surfaces shall not be coated or painted unless shown or specified herein, or elsewhere in the Contract Documents. 1. Stainless steel. 2. Equipment nameplates, machined surfaces and grease fittings. 3. Non-ferrous and galvanized ferrous metal, including: (a) floor gratings, plates and frames, (b) handrails, (c) stair treads, stringers and supports, (d) ladders and supports, (e) chain link fencing and appurtenances, (f) conduits. D. In no case shall any concrete, wood, metal or any other surface requiring protection be left uncoated or unpainted, even though not specifically defined herein. ^•^ Revised 03/25/09 Contract No PKS 09-03 Page 118 of 140 1.02 Reference Specifications and Standards Without limiting the general aspects of other requirements of these specifications, all surface preparation, coating and painting of surfaces shall conform to the applicable requirements of the National Association of Corrosion Engineers (NACE), the Steel Structures Painting Council (SSPC), the American Concrete Institute, the Forest Products Research Society, and the manufacturer's printed recommendations. In the event of a conflict between codes, reference standards, drawings, and these specifications, the most stringent requirements shall govern. All conflicts shall be brought to the attention of the Owner for clarification and direction prior to ordering or providing any materials or labor. 1.03 Painting Subcontractor Where protective coatings are to be performed by a subcontractor, said subcontractor must possess a valid state license as required for performance of the painting and coating work called for in this specification and shall have a minimum of five years practical experience and successful history in the application of specified products to surfaces and facilities of water and wastewater treatment facilities. Upon request, he shall substantiate this require- ment by furnishing a list of references. 1.04 Shop Drawing Submittals For each coating system to be used, the Contractor shall submit for Owner's review and approval the following data: 1. Paint manufacturer's data sheet for each product used, including statements on the suitability of the material for the intended use. 2. Paint manufacturer's instructions and recommendations on surface preparation and application. 3. Samples of colors and finishes available for each product. Where custom mixed colors are specified (e.g. to match colors of existing coated surfaces), the submitted color samples shall be made using color formulations prepared to match the color samples furnished or specified by the Owner. The color formula shall be provided with each color sample. 4. Compatibility of shop and field applied coatings (where applicable). 5. Material safety data sheet for each product used. 1.05 Quality Assurance A. Coating and Painting Application No coating or paint shall be applied: when the surrounding air temperature or the temperature of the surface to be coated or painted is below 40°F (4.4°C); too wet or damp surfaces or in rain, snow, fog, or mist; when the temperature is less than 5°F (2.8°C) above the dew point; when it is expected the air temperature will drop below 40°F (4.4°C) or less than 5°F (2.8°C) above the dew point within 8 hours after application of coating or paint. Dew point shall be measured by use of an instrument such as a Sling Psychrometer in conjunction with U.S. Department of Commerce Weather Bureau Psychrometric Tables. If above conditions are prevalent, coating or painting shall be delayed or postponed until conditions are favorable. The day's coating or painting shall be completed in Revised 03/25/09 Contract No PKS 09-03 Page 119 of 140 time to permit the film sufficient drying time prior to damage by atmospheric conditions. B. Inspection Concrete, non-ferrous metal, plastic and wood surfaces shall be visually inspected to insure proper and complete coverage has been attained. A destructive testing instrument, such as a Tooke Gage, shall be used if deemed necessary. Thickness of coatings and paint on ferrous metal surfaces shall be checked with a non-destructive, magnetic type dry film thickness gauge. Coating integrity of Systems A and C surfaces shall be tested with an approved inspection device. Holiday detectors shall not exceed the voltage recommended by the manufacturer of the coating system. For film thicknesses between 10 and 20 mils (0.25 mm and 0.50 mm) a non-sudsing type wetting agent such as Kodak Photo-Flo, shall be added to the water prior to wetting the detector sponge. All pinholes shall be marked, repaired in accordance with the manufacturer's printed recommendations and retested. No pinholes or other irregularities will be permitted in the final coating. In cases of dispute concerning film thickness or "holidays", the Owner's calibrated instruments and measurements shall predominate. Wide film thickness discrepancies shall be measured and verified with a micrometer or other approved measuring instrument. Contractor shall give the Owner a minimum of 3 working days advance notice of the start of any field surface preparation work or coating application work, and a minimum of 7 working days advance notice of the start of any shop surface preparation work or coating application work. Warranty Inspection Warranty inspection shall be conducted during the eleventh month of the Contract warranty period. The Contractor and a representative of the coating material manufacturer shall attend this inspection. All defective work shall be repaired in accordance with this specification and to the satisfaction of the Owner. 1.06 Safety and Health Requirements A. General Surface preparation and application of coatings shall be performed by the Contractor in compliance with all applicable federal, state, and local occupational safety, health, and air pollution control regulations. The Contractor shall obtain and comply with all safety precautions recommended by the paint manufacturer in printed instructions or special bulletins. The Contractor shall provide and require use of personnel protec- tive lifesaving equipment for persons working in or about the project site. Revised 03/25/09 Contract No PKS 09-03 Page 120 of 140 B. Head and Face Protection and Respiratory Devices Equipment shall include protective eye protection, hearing protection and respiratory protection, which shall be worn by all persons while in the vicinity of the work. In addition, workers engaged in or near the work during sandblasting shall wear eye and face protection devices and air-purifying, half-mask or mouthpiece respirator with appropriate filter. C. Sound Levels Whenever the occupational noise exposure exceeds the maximum allowable sound levels, the Contractor shall provide and require the use of approved ear protective devices. D. Illumination Adequate illumination shall be provided while work is in progress, including explosion- proof lights and electrical equipment. Whenever required by the Owner, the Contractor shall provide additional lighting and necessary supports to illuminate all areas to be inspected. The Owner shall determine the level of illumination for inspection purposes. E. Temporary Ladders and Scaffolding All temporary ladders and scaffolding shall conform to applicable safety requirements. They shall be erected where requested by the Owner to facilitate inspection and be moved by the Contractor to locations requested by the Owner. 1.07 Extra Stock Upon completion of all coating and painting work, Contractor shall deliver to the Owner a minimum of two 1 gallon cans of each type and color of finish paint and coating used on the project and two 1 gallon cans of each primer. Each container shall be unopened and proper- ly labeled for identification and have a manufacture date within two months of the date of delivery to the Owner. PART 2 - PRODUCTS 2.01 General A. Products specified are that which have been evaluated for the specific service and are listed to establish a standard of quality. Requests for product substitution are subject to the requirements of section "Contractor Submittals Technical Specifications". B. All materials shall be brought to job site in original sealed containers. Contractor shall provide coating material name, formula or specification number, batch number, color and date of manufacture to the Owner. Coating materials shall not be used until the Owner has inspected contents and checked information on containers or label. Materials exceeding storage life recommended by the manufacturer shall be rejected. C. All coatings and paints shall be stored in enclosed structures to protect them from weather and excessive heat or cold. Flammable coatings or paints must be stored to Revised 03/25/09 Contract No PKS 09-03 Page 121 of 140 conform with city, county, state, and federal safety codes for flammable coating or paint materials. Water based coatings or paints shall be protected from freezing. D. Contractor shall use products of same manufacturer for all coating systems unless approved in writing by the Owner. E. It is the intent of this specification that all coatings used meet local, state, and federal air pollution control regulations. These regulations change frequently. If a listed coating does not meet local, state, and federal air pollution control regulations at the time the work is actually performed, the Contractor shall provide the manufacturer's compliant, recommended substitute coating at no additional cost to the Owner. 2.02 Service Condition A Ferrous metals not subject to corrosive moisture or atmosphere and condensation; normal indoor or outdoor exposure such as metal doors, other architectural items; piping, valves, and pumps indoors, etc. shall receive the following surface preparation and coating: A. Surface Preparation All surfaces shall be field sandblasted in conformance with SSPC-SP6 and NACE No. 3 (Commercial Blast Cleaning). B. Application Application shall be in strict accordance with manufacturer's recommendations. The minimum and maximum times required between coats shall be per the manufacturer's product data sheet. Written requests for shop surface preparation and application of the prime coat shall be reviewed and approved by Owner on a case-by-case basis. If approved by Owner, shop applied prime coat surface shall be scarified by brush- blasting prior to application of finish coat. C. Coating System Except as otherwise noted, the prime coat shall have a MDFT of 4.0 mils. The finish coat (one or more) shall have a MDFT of 3.0 mils. The total dry film thickness of the complete system shall be 7.0 mils, minimum. Carboline /Kop-Coat System Primer - Carboline 893 Finish - Carbothane D134 HS Ameron System Primer - Amercoat 385 Finish - Amercoat 450 HS Tnemec System Primer - Series 69 Hi-Build Epoxoline II Finish - Series 74 Endurashield Revised 03/25/09 Contract No PKS 09-03 Page 122 of 140 2.03 Service Condition B Interior and exterior concrete surfaces exposed to view, not subject to immersion and not subject to pedestrian traffic, and concrete block and masonry without integral color or architectural treatment, shall receive the following surface preparation and coating: A. Surface Preparation All surfaces shall be thoroughly cleaned by sandblasting or other approved methods, removing all traces of previous materials. Remove all loose concrete, mortar splatter and protrusions by chipping, etc. to leave only sound firmly bonded concrete, concrete block, or masonry. All cracks and voids shall be filled with an approved concrete and masonry patching compound. Final surface shall be smooth and free of voids, cavities, dirt, dust, oils, grease, laitance or other contaminants. B. Application Application shall be in strict accordance with manufacturer's recommendations. A minimum of 12 hours is required before additional coats may be applied to the prime coat and two hours for the finish coats. C. Coating System Prime coat shall be applied at a rate of 75-100 square feet per gallon. A minimum of two finish coats shall be applied at a coverage rate not to exceed 150 square feet per gallon per coat. Primer Behr/ Water-Based Primer & Sealer No. 436 Interior Finish Behr/ Masonry, Stucco & Brick Paint Satin Exterior Finish Behr/ Masonry, Stucco & Brick Paint Flat Color/Spanish Tan (*No Substitutions) 2.04 Service Condition C Concrete floors subject to corrosive moisture and pedestrian traffic where specified shall receive the following surface preparation and coating: A. Surface Preparation All surfaces shall be thoroughly cleaned by sandblasting or other approved methods; removing all traces of previous materials. Remove all loose concrete by chipping, etc. to leave only sound firmly bonded concrete. Cracks and voids shall be repaired or filled with the specified filler and surfacer. Final surfaces shall be smooth and free of voids, cavities, dirt, dust, oils, grease laitance or other contaminants. Revised 03/25/09 Contract No PKS 09-03 Page 123 of 140 B. Application Application shall be in strict accordance with manufacturer's recommendation. C. Coating System Decorative quartz epoxy flooring shall be Dex-O-Tex Decor-Flor as manufactured by Crossfield Products Corp., Rancho Dominguez, California; Roselle Park, New Jersey and Burr Ridge, Illinois. *(No Substitutes). Color to be selected by Owner. 2.05 Service Condition D Interior and exterior architectural woodwork shall receive the following surface preparation and coating: A. Surface Preparation Sand new and bare wood to remove any surface contamination and surface cells. For previously coated surfaces sand loose paint to a tight, adherent surface. Cracks, nail holes, and other defects shall be filled with putty or plastic wood after priming. All knots shall be sealed with an approved knot sealer. Prior to coating, all surfaces shall have a moisture content below level recommended by coating manufacturer and shall be thoroughly cleaned and free of all foreign matter. B. Application Application shall be in strict accordance with manufacturer's recommendations. C. Coating System Prime coat shall be applied at a coverage rate not to exceed 280 square feet per gallon. The finish coat shall be applied at a coverage rate not to exceed 280 square feet per gallon. Primer Behr/ Water-Based Primer & Sealer No. 436 Interior Finish Behr/ Masonry, Stucco & Brick Paint Satin Exterior Finish Behr/ Masonry, Stucco & Brick Paint Flat Color / Spanish Tan (*No Substitutions) Revised 03/25/09 Contract No PKS 09-03 Page 124 of 140 2.06 Service Condition E Manufactured items furnished with shop-applied coat of primer requiring field touch-up or with a shop-applied primer which is not compatible with the required coating system shall receive the following surface preparation and coating system: A. Surface Preparation All surfaces shall be cleaned in conformance with Steel Structures Painting Council Specification SSPC-SP2 (Hand Tool Cleaning), including hand sanding and feathering of damaged areas. If determined by the Owner that damage is too extensive for touch-up, item shall be re-cleaned and coated or painted as directed by Owner. B. Coating System Prime and finish coats shall be the system recommended for the specific Service Condition. Prime coat shall be compatible with the required system. If not (as determined by the Owner) the prime coat shall either be removed by sandblasting or coated with a suitable primer which is compatible with the shop primer utilized and the coating system required. Costs incurred for repair or replacement of shop-applied primers shall be the sole responsibility of the Contractor. 2.07 Service Condition F Manufactured items furnished with shop-applied primer and finish coats requiring field touch- up shall receive the following surface preparation and coating system: A. Surface Preparation All surfaces shall be cleaned in conformance with Steel Structures Painting Council Specification SSPC-SP2 (Hand Tool Cleaning), including hand sanding and feathering of damaged areas. If determined by the Owner that damage is too extensive for touch-up, item shall be re-cleaned and coated or painted as directed by Owner. B. Coating System Prime and finish coats shall be the system recommended for the specific Service Condition. Costs incurred for repair or replacement of shop-applied coatings or finishes shall be the sole responsibility of the Contractor. 2.08 Miscellaneous Coatings A. Aluminum Metal Isolation All aluminum bearing on, or embedded in, concrete shall be coated with a wash primer (0.5 mils) followed by one coat (8 mils) of heavy bodied bituminous paint, Kop- Coat Bitumastic Super Service Black or Tnemec 46-465. Revised 03/25/09 Contract No PKS 09-03 Page 125 of 140 PART 3 - EXECUTION 3.01 General A. All surface preparation, coating and painting shall conform to applicable standards of the National Association of Corrosion Engineers, the Steel Structures Painting Council, the American Concrete Institute, the Forest Products Research Society, and the Manufacturer's printed instructions. Material applied prior to approval of surface preparation by the Owner shall be removed and reapplied to the satisfaction of the Owner at the expense of the Contractor. B. All work shall be performed by skilled craftsmen qualified to perform the required work in a manner comparable with the best standards of practice. Continuity of personnel shall be maintained and transfers of key personnel shall be coordinated with the Owner. C. Unless otherwise specified, dust, dirt, oil, grease or any foreign matter that will affect the adhesion or durability of the finish must be removed by washing with clean rags dipped in an approved cleaning solvent and wiped dry with clean rags. D. Coating and painting systems include surface preparations, prime coatings and finish coatings. Surface preparation for a specific Service Condition shall be as specified for that coating or painting system. Unless otherwise specified, prime coatings shall be field applied. Where prime coatings are shop applied, they shall be thoroughly cleaned and touched up in the field as specified. If shop coatings are deficient or damaged too extensively for adequate repair, they shall be removed and coated and painted as directed by the Owner. Contractor shall instruct suppliers to provide prime coats compatible with the finish coats specified. Any off site work which does not conform to this specification is subject to rejection by the Owner. E. The Contractor's coating and painting equipment shall be designed for application of materials specified and shall be maintained in first class working condition. Compressors shall have suitable traps and filters to remove water and oils from the air. Contractor's equipment shall be subject to approval by the Owner. 3.02 Surface Preparation, Ferrous Metal A. General , The latest revision of the following surface preparation specifications of the Steel Structures Painting Council and the National Association of Corrosion Engineers shall form a part of this specification: 1. Solvent Cleaning (SSPC-SP1). Removal of oil, grease, soil and other contaminants by use of solvents, emulsions, cleaning compounds, steam cleaning or similar materials and methods which involve a solvent or cleaning action. 2. Hand Tool Cleaning (SSPC-SP2). Removal of loose rust, loose mill scale and other detrimental foreign matter to degree specified by hand chipping, scraping, sanding and wire brushing. Revised 03/25/09 Contract No PKS 09-03 Page 126 of 140 3. Power Tool Cleaning (SSPC-SP3). Removal of loose rust, loose mill scale and other detrimental foreign matter to degree specified by power wire brushing, power impact tools or power sanders. 4. White Metal Blast Cleaning (SSPC-SP5). Blast cleaning to a gray-white uniform metallic color until each element of surface area is free of all visible residues. 5. Commercial Blast Cleaning (SSPC-SP6 and NACE No. 3). Blast cleaning until at least two-thirds of each element of surface area is free of all visible residues. 6. Brush-Off Blast Cleaning (SSPC-SP7 and NACE No. 4). Blast cleaning to remove loose rust, loose mill scale and other detrimental foreign matter to degree specified. 7. Near White Blast Cleaning (SSPC-SP10 and NACE No. 2). Blast cleaning to nearly white metal cleanliness, until at least 95% of each element of surface area is free of all visible residues. B. Slag and weld metal accumulation and spatters not removed by the fabricator, erector, or installer shall be removed by chipping and grinding. All rough welds shall be ground smooth and sharp edges shall be ground to approximately 1/8" radius. C. Field blast cleaning for all surfaces shall be dry sandblasting unless otherwise directed. D. The Contractor shall comply with all applicable local, state, and federal, air pollution control regulations for blast cleaning. E. All oil, grease, welding fluxes and other surface contaminants shall be removed by solvent cleaning per SSPC-SP1 prior to blast cleaning. F. Maximum particle size of abrasives used in blast cleaning shall be that which will produce a surface profile in accordance with these specifications and the recommendations of the manufacturer of the specified coating system to be applied. G. Sand used in blast cleaning operations shall be washed, graded and free of contaminants that would interfere with adhesion of coating or paint and shall not be reused. H. Shop applied temporary coatings or shop applied coatings of unknown composition shall be completely removed before the specified coatings are applied. I. During blast cleaning operations, caution shall be exercised to insure that existing coatings or paint are not exposed to abrasion from blast-cleaning. J. The Contractor shall keep the area of his work in a clean condition and shall not permit blasting materials to accumulate as to constitute a nuisance or hazard to the prosecution of the work or the operation of the existing facilities. Revised 03/25/09 Contract No PKS 09-03 Page 127 of 140 K. Surfaces shall be cleaned of all dust and residual particles of the cleaning operation by dry air blast cleaning, vacuuming or another approved method prior to application of specified coatings or paint. No coatings or paint shall be applied over damp or moist surfaces. L. All welds shall be neutralized with a suitable chemical compatible with the specified coating materials. 3.03 Surface Preparation, Concrete and Masonry A. Surface preparation shall not begin until at least 30 days after the concrete or masonry has been placed. B. All oil, grease, and form release and curing compounds shall be removed by detergent cleaning per SSPC-SP1 before abrasive blast cleaning. C. Concrete and masonry surfaces and deteriorated concrete surfaces to be coated shall be abrasive blast cleaned to remove existing coatings, laitance, deteriorated concrete, and to roughen the surface. The abrasive used should be dry and clean with the maximum particle size that will pass through a 16 mesh screen. Cracks and voids shall be repaired or filled with the specified filler and surfacer. Final surface shall be sound, firmly bonded, smooth and free of voids, cavities, dirt, dust, oils, grease, laitance, or other contaminants. D. Residual abrasive, dust and loose particles shall be removed from the surface by vacuuming or blowing off with dry high-pressure air. E. Unless required for proper adhesion, surfaces shall be dry prior to coating. The presence of moisture shall be determined with an approved moisture detection device. 3.04 Surface Preparation, Wood and Composition Materials All surfaces shall be cleaned of dirt, oil, or other foreign substances with mineral spirits, scrapers, sandpaper, or wire brushes. Finished surfaces exposed to view shall, if necessary, be made smooth by planing or sandpapering. Small, dry, seasoned knots shall be surface scraped, sandpapered, and thoroughly cleaned, and shall be given a thin coat of WP-578 Western Pine Association knot sealer before application of the priming coat. Large, open unseasoned knots, and all beads or streaks of pitch shall be scraped off, or if the pitch is still soft, it shall be removed with mineral spirits or turpentine and the resinous area shall be thinly coated with knot sealer. After priming, all holes and imperfections shall be filled with putty or plastic wood (colored to match the finish coat), allowed to dry, and sandpapered smooth. Existing surfaces shall be cleaned of all loose or flaking paint and sandpapered to a tight, adherent surface. 3.05 Coating and Painting Application, General A. Coating and painting application shall conform to the requirements of the Steel Structures Painting Council Paint Application Specifications SSPC-PA1, latest revision, for "Shop, Field and Maintenance Painting", and recommended practices of the National Association of Corrosion Engineers, the American Concrete Institute, the Revised 03/25/09 Contract No PKS 09-03 Page 128 of 140 Forest Products Research Society and the Manufacturer of the coating and paint materials. B. Application of the first coat shall follow immediately after surface preparation and cleaning and within an eight hour working day. Any cleaned areas not receiving first coat within an eight hour period shall be re-cleaned prior to application of first coat. Cleaned surfaces and all coats of the specified system shall be inspected prior to application of each succeeding coat. Contractor shall schedule such inspection with Owner in advance. C. Prior to assembly, all surfaces made inaccessible after assembly, shall be prepared as specified herein and shall receive the coating or painting system specified. D. Thinning shall be permitted only as recommended by the Manufacturer and approved by the Owner. E. Coating materials shall be protected from exposure to cold weather, and shall be thoroughly stirred, strained, and kept at a uniform consistency during application. F. Each application of coating or paint shall be applied evenly, free of brush marks, sags, runs, and variations in color, texture and finish, with no evidence of poor workmanship. Care shall be exercised to avoid lapping on glass or hardware. Coatings and paints shall be sharply cut to lines. Finished surfaces shall be free from defects or blemishes. G. Protective coverings or drop cloths shall be used to protect floors, fixtures and equipment. The working parts of all mechanical and electrical equipment shall be protected from damage during surface preparation and coating operations. Openings in motors shall be masked to prevent entry of coating or other materials. Care shall be exercised to prevent coatings or paints from being spattered onto surfaces which are not to be coated or painted. Spray painting shall be conducted under carefully controlled conditions. The Contractor shall be fully responsible for and shall promptly repair any and all damage to adjacent facilities or adjoining property occurring from blast cleaning or coating operations. H. When two or more coats of coating or paint are specified, each coat shall be of a slightly different shade to facilitate inspection of surface coverage of each coat. I. Specified film thicknesses per coat for the Service Conditions are minimum required. Contractor shall apply additional coats as necessary to achieve the specified thickness. J. All material shall be applied as specified. K. All welds and irregular surfaces shall receive a brush coat of the specified product prior to application of the first complete coat. L. Cleaning and coating shall be coordinated so that dust and other contaminants from the cleaning process will not fall on wet, newly-coated surfaces. M. Drying time between coats and surface curing shall be as recommended by the coating manufacturer depending upon field conditions of temperature and humidity. Revised 03/25/09 Contract No PKS 09-03 Page 129 of 140 Times shall be submitted with the shop drawings based on 70°F and relative humidity of 50%. N. In the case of enclosed areas, the forced air ventilation system shall operate continuously to provide air circulation and exhausting of solvent vapors. 3.06 Shop Coating A. All items of equipment, or parts of equipment which are not submerged in service, shall be shop primed and then finish coated in the field, after installation, with the specified or approved color. The methods, materials, application equipment and all other details of shop painting shall comply with these specifications. If the shop primer requires top coating within a specified period of time, the equipment shall be finish coated in the shop and then touch-up painted after installation. B. All items of equipment, or parts and surfaces of equipment which are submerged or inside an enclosed hydraulic structure when in service, with the exception of pumps and valves, shall have all surface preparation and coating work performed in the field. C. For certain pieces of equipment it may be undesirable or impractical to apply finish coatings in the field. Such equipment may include engine generator sets, equipment such as electrical control panels, switchgear or main control boards, submerged parts of pumps, ferrous metal passages in valves, or other items where it is not possible to obtain the specified quality in the field. Such equipment shall be shop primed and finish coated and touched up in the field with the identical material after installation. The Contractor shall require the manufacturer of each such piece of equipment to certify as part of its shop drawings that the surface preparation is in accordance with these specifications. Copies of applicable coating manufacturer's material data sheets shall be submitted with equipment shop drawings. D. For certain small pieces of equipment the manufacturer may have a standard coating system which is suitable for the intended service conditions. In such cases, the final determination of suitability will be made during review of the shop drawing submittals. Equipment of this type generally includes only indoor equipment such as instruments, small compressors, and chemical metering pumps. E. Shop painted surfaces shall be protected during shipment and handling. Primed surfaces shall not be exposed to the weather for more than 6 months before top coated, or less time if recommended by the coating manufacturer. F. Damage to shop-applied coatings shall be repaired in accordance with these specifications and the coating manufacturer's printed instructions. G. The Contractor shall make certain that the shop primers and field topcoats are compatible and meet the requirements of these specifications. 3.07 Protective Coating and Painting Schedule The protective coating and painting schedule provided herein shall indicate the coating system to be used. The schedule shall not be construed as a complete list of all surfaces to be coated but rather as a guide as to the application of the various coating systems. All Revised 03/25/09 Contract No PKS 09-03 Page 130 of 140 surfaces shall be coated and painted except those specifically excluded herein or on the drawings. 3.08 Color Scheme All colors and shades of colors of all coats of paint and protective coating material shall be as selected by the Owner. The Contractor shall submit two copies of the current chart of the manufacturer's available colors to the Owner at least forty-five days prior to the start of coating and painting operations. One copy shall be retained by the Owner and on copy will be returned to the Contractor. 3.09 Cleanup Upon completion of the work, all staging, scaffolding, and containers shall be removed from the site or destroyed in a manner approved the Owner. Coating or paint spots and oil or stains upon adjacent surfaces shall be removed and the job site cleaned. All damage to surfaces resulting from the work of these specifications shall be cleaned, repaired or refinished to the satisfaction of the Owner and at no additional cost to the Owner. END OF SECTION. Revised 03/25/09 Contract No PKS 09-03 Page 131 of 140 BASIC ELECTRICAL SPECIFICATIONS PART 1 - GENERAL 1.01 Description The Contractor shall furnish all labor, equipment, and materials to provide a complete and operable electrical system, all accordance with the requirements of the Contract Documents. 1.02 Reference Codes and Standards All electrical equipment and materials, including the design, construction, and installation thereof, shall comply with the following codes and standards (latest editions), as applicable. Where two codes or standards are at variance, the most stringent requirements shall govern: A. National Electric Code (NEC). B. Basic Electrical Regulations, Title 24, State Building Standards, California Administrative Code. C. Low Voltage Electrical Safety Orders, Title 8, Division of Industrial Safety, State of California. D. City and County Electrical Codes. E. American National Standards Institute (ANSI). F. National Electrical Manufacturers Association (NEMA). G. National Fire Protection Association (NFPA). H. Underwriters Laboratories, Inc. (UL). I. Occupational Safety and Health Act (OSHA) Safety and Health Standards (29CFR1910 and 29CFR1926), State Building Standards, and applicable local codes and regulations. All equipment and material furnished by the Contractor shall be listed by and shall bear the label of Underwriters Laboratories, Inc. (UL) or of an independent testing laboratory acceptable to the local agency with jurisdiction over the electrical work. 1.03 Submittals A. Shop Drawings 1. In accordance with Contractor Submittals Technical Specifications, Contractor shall submit complete information, drawings, and technical data for all equipment and components, including, but not limited to, the following: 2. Catalog data including catalog cut sheets, bulletins, brochures, etc. Applicable sizes, model numbers, and options shall be clearly marked and delineated. Revised 03/25/09 Contract No PKS 09-03 Page 132 of 140 3. Connection diagrams, terminal diagrams, and internal wiring diagrams. 4. Equipment and material temperature limitations. 5. Drawings for all grounding work not specifically shown. 6. Nameplates for all electrical panels, including nameplate material, lettering height, and proposed inscriptions. B. Operation and Maintenance Manuals Contractor shall submit detailed Operation and Maintenance Manuals for each item of equipment in accordance with the Contractor Submittals Technical Specifications. C. Record Drawings Contractor shall maintain and keep current a complete record set of construction drawings showing every change from the Contract Drawings and Specifications and the exact locations, sizes, and types of equipment and material installed. Record drawings shall show all conduit runs (sizes and number), circuits, and conductors (sizes and numbers). Record drawings shall show depths and routing of all concealed and below grade electrical installations. Record drawings shall be available to the Owner during construction and shall be delivered to the Owner upon project completion. 1.04 Delivery, Storage, and Handling A. Delivery Deliver electrical materials and equipment in manufacturer's original cartons and containers with seals intact. Deliver conductors on sealed reels. Deliver large multi- component equipment in sections to facilitate field handling and installation. B. Storage Unless designed for outdoor exposure, store electrical equipment and material of the ground and under cover. Equipment and material shall be protected from weather, corrosion, contamination, and deterioration. Dents, marred finishes, and other damage shall be repaired to its original condition or replaced as directed by the Owner. C. Handling All equipment and material shall be handled in accordance with the manufacturer's recommendations. Large or heavy items shall be lifted at the points designed by the manufacturer. Equipment and material shall be handled and installed as necessary to prevent damage. Revised 03/25/09 Contract No PKS 09-03 Page 133 of 140 1.05 Public Utilities A. Contractor shall obtain electrical service requirements from public utility furnishing electrical power to the project. Contractor shall coordinate installation of power service with public utility. Contractor shall obtain, at his expense, all permits, licenses, and inspections required for electrical construction work by public utilities having jurisdiction. B. Contractor shall furnish and install all service conduit, fittings, transformer pad(s), manholes, vaults, grounding, and conductors not furnished by the serving utility. PART 2 - PRODUCTS 2.01 General All equipment and materials shall be new, shall be listed by UL, and shall bear the UL label, where UL requirements apply. All equipment and material shall be of industrial grade and be capable of long term, reliable, and trouble-free service. Similar equipment and material items shall be products of the same manufacturer. 2.02 Conduit A. General Each length of conduit shall bear the UL label and be a minimum size of %", unless noted otherwise. Elbows shall be standard radius sweeps meeting the requirements of the NEC. B. Rigid Steel Conduit 1. Rigid steel conduit shall be Schedule 40 steel, pipe size, finished inside and out by hot-dipped galvanizing, and shall conform with ANSI C80.1 and UL. All rigid steel conduit in direct contact with the ground or concrete shall be protected by double wrapping with 20 mil PVC tape. 2. Couplings shall be galvanized steel. 3. Insulating Bushings: threaded malleable iron with thermoplastic liner. 4. Insulated Grounding Bushings: threaded malleable iron body with insulated thermoplastic liner throat and "lay-in" ground lug with compression screw. 5. Insulated Metallic Bushings: threaded malleable iron body with plastic insulated throat. 6. Running threads are not acceptable. 2.03 Conductors and Cable A. General Cables and wires shall be new, stranded conductors, solid copper, not smaller than #12 AWG. Insulation shall bear manufacturer's trademark, insulation designation, Revised 03/25/09 Contract No PKS 09-03 Page 134 of 140 voltage rating, and conductor size at regular intervals. Each type of cable or wire shall be the product of a single manufacturer. 2.04 Device Boxes, Junction Boxes, and Fittings A. Device Boxes (General Purpose - Indoors or Outdoors) Device boxes shall malleable iron constructed with zinc or cadmium plating and enamel finish, minimum single gang size, deep box type, with treaded hubs and solid gasketed cover. Device boxes shall be properly sized for required circuitry or splicing. Surface mounted boxes shall be furnished with mounting lugs. Where located outdoors, device boxes shall be waterproof. Device boxes shall be Grouse- Hinds FD, Appleton FD, or equal. B. Conduit fittings shall be provided where required to facilitate installation of the electrical conduit and equipment. 1. Metallic fittings shall be constructed of malleable iron with zinc or cadmium plating and enamel finish, with gasket and cast cover. Fittings shall be Condulet Type as manufactured by Grouse-Hinds, Appleton, or equal. 2. Non-metallic fittings shall be compatible with the non-metallic conduit used and shall be of the same manufacturer. 3. Fittings shall be of the shapes, sizes, and types required to facilitate installation or removal or conductors and cables from the conduit. 4. Connectors, couplings, locknuts, bushings, and caps used with Rigid Steel conduit shall be threaded and thoroughly galvanized. Bushings shall be insulated. 5. Metallic conduit unions shall be "Erickson" couplings, or approved equal. Running threads are not acceptable. 6. Connectors for liquid-tight flexible metallic conduit shall be liquid tight with insulating bushings and provision for ground continuity. 2.05 Low-Voltage Cable Splices Low-voltage cable splices and terminations shall be rated at not less than 600 Volts. Splices in conductors No. 10 AWG and smaller shall be made with an insulated, solderless, pressure type connector, conforming to the applicable requirements of UL 486A. Splices in conductors No. 8 AWG and larger shall be made with non-insulated, solderless, pressure type connector, conforming to the applicable requirements of UL 486A and UL 486B. Splices shall then be covered with an insulation and jacket material equivalent to the conductor insulation and jacket. Splices below grade or in wet locations shall be sealed type conforming to ANSI C119.1 or shall be waterproofed by a sealant-filled, thick wall, heat shrinkable, thermosetting tubing or by pouring a thermosetting resin into a mold that surrounds the joined conductors. Revised 03/25/09 Contract No PKS 09-03 Page 135 of 140 2.06 Light Fixtures and Lamps Light fixtures shall be Lithonia VSL 2 32 SCE 120V DL GEB, with 2XF32T8 lamps or Approved Equal. Light fixtures shall have steel housings, high impact clear prismatic gasketed injection molded 0.130 inch polycarbonate diffusers, and electronic 2 lamp ballast. 2.07 Miscellaneous Equipment and Material A. Concrete Anchors Type 304 (or better) stainless steel expansion anchors (wedge or sleeve) shall be used to for mounting all electrical conduit, boxes, and equipment. NO type of explosive anchor will be permitted. B. Conduit Straps Where specified on the Drawings, conduit straps shall be malleable iron constructed, one-hold type strap with cast clam-backs and spacers as required. PART 3 - EXECUTION 3.01 General A. Prefabricated Material and Equipment Installation of all prefabricated items and equipment shall conform to the requirements of the manufacturer's specifications and installation instructions. When code requirements apply to installation of materials and equipment, the more stringent requirements, code, or manufacturer's specifications and installation instructions shall govern the work. 3.02 Conduit Installation A. General 1. Contractor shall install conduit and electrical equipment in locations that will cause minimal interference with the maintenance and removal of mechanical equipment. Contractor shall run conduit in a neat manner parallel or perpendicular to walls and slabs, and wherever possible, installed together in parallel runs supported with Unistrut type support system. All conduits shall be installed straight and true with reference to the adjacent work. 2. Locations of conduit runs shall be planned in advance of the installation and coordinated with the ductwork, plumbing, ceiling, and wall construction in the same areas, and shall not unnecessarily cross other conduits or pipe, nor prevent removal of nor block access to mechanical or electrical equipment. 3. Conduits cast in, under, or through concrete walls, slabs, or masonry walls shall be Rigid Steel. 4. Exposed or above grade conduit shall be Rigid Steel. Revised 03/25/09 Contract No PKS 09-03 Page 136 of 140 5. All conduits shall be tightly sealed during construction by use of conduit plugs or "pennies" set under bushings. All conduit in which moisture or any foreign matter has collected before pulling conductors shall be cleaned and dried to the satisfaction of the Owner. B. Rigid Steel Conduit Rigid Steel conduit installations below grade, and cast in, under, or through walls or slabs shall be double wrapped with 20-mil PVC tape. Running threads and threadless couplings will not be acceptable. Where necessary for connecting conduit, UL listed couplings or unions shall be used. All ends and joints shall be reamed smooth after cutting. C. Supports Exposed conduit shall be supported with channel supports spaced per NEC requirements (8'-0" maximum spacing) and within 18" of couplings, bends, boxes, etc., unless otherwise shown on the Drawings. D. Termination and Joints 1. Raceways shall be joined using specified couplings or transition couplings where dissimilar raceway systems are joined. 2. Conduit terminations exposed at weatherproof enclosures and cast outlet boxes shall be made watertight using approved connectors and hubs. 3. Expansion couplings shall be installed where any conduit crosses a building separation or expansion joint, including joints in footings and grade beams. 4. Approved cable-sealing bushings shall be installed on all conduits originating from roof and terminating in switchgear, cabinets, or gutters inside the building. 5. Conduit bodies (Condulets) are not acceptable as enclosures for splices. 6. At all conduit terminations and boxes, conductors shall be protected by a fitting equipped with a plastic bushing having a smoothly rounded insulating surface. 3.03 Conductor and Cable Installation A. General 1 . Conductors shall not be installed in conduit runs until all work is completed for each individual conduit run. Care shall be taken in pulling conductors such that insulation is not damaged. UL approved pulling compounds shall be used. 2. All conductors or cables shall be installed in conduit or electrical enclosures. 3. All cables shall be installed and tested in accordance with manufacturer's re- quirements and warranty. Revised 03/25/09 Contract No PKS 09-03 Page 1 37 of 1 40 B. Splicing and Terminating 1. All aspects of splicing and terminating shall be in accordance with cable man- ufacturers published procedures. 2. All splices in outlet boxes with connectors as specified herein shall be made up with separate tails of correct color. At least six (6) inches of tails packed in box after splice is made up shall be provided. 3. All conductor and cable in panels, control centers and equipment enclosures shall be bundled and clamped. C. Identification 1. Inside of all junction box cover plates shall be identified via felt-tip pen or decal label, denoting the panel and circuit numbers and voltage contained in the box. 2. All receptacles and switches shall be decal labeled on the plate, denoting the panel and circuit number. D. Connections to Circuit Breakers. Switches, and Terminal Strips: Stranded Copper Conductors 1. #12 through 8 AWG: Conductor shall be terminated in locking tongue style, pressure type, compression lugs, unless clamp type connection for stranded conductor is provided with device. 2. #6 AWG and larger: Conductor shall be terminated in one-hole flat-tongue style, compression type lugs, or by connectors supplied by the manufacturer. E. Joints in Conductors in Dry Locations. Copper Conductors 1. #8 AWG and smaller: Conductors shall be twisted and secured with cap or twist-on, expandable spring type solderless connectors. 2. #6 AWG and larger: Conductor shall be joined with split bolt connectors or compression sleeves. Joints shall be insulated with rubber tape and protected with half-lapped layers of vinyl plastic electrical tape. Insulation may also be provided by UL listed pre-manufactured components such as heat-shrink or cold-shrink devices. F. Joints in Conductors in Moist Locations. Copper Conductors 1. #8 AWG and smaller: Conductor shall be securely joined as specified above, then encapsulated in epoxy (Scotchcast or approved equal). 2. #6 AWG and larger shall be joined as specified above, and suitably water treated. Revised 03/25/09 Contract No PKS 09-03 Page 138 of 140 3.04 Installation of Boxes and Wiring Devices A. General 1. No unused openings shall be left in any box. Close-up plugs shall be installed as required to seal openings. 2. Exposed outlet boxes and boxes in damp and wet locations shall be provided with gasketed cast metal cover plates. 3.05 Protection Conduits, junction boxes, outlet boxes, and other openings shall be kept closed to prevent entry of foreign matter. Fixtures, equipment, and apparatus shall be covered and protected against dirt, paint, water, chemical or mechanical damage, before and during the construction period. Damaged fixtures, apparatus, or equipment shall be restored to original condition prior to final acceptance, including restoration of damaged shop coats of paint. Brightly finished surfaces and similar items shall be protected until in service. No rust or damage will be permitted. 3.06 Workmanship A. Preparation, handling, and installation shall be in accordance with manufacturer's written instructions and technical data particular to the product specified and/or approved, except as otherwise specified. B. Work shall be furnished and placed in coordination and cooperation with other trades. C. Work shall conform to the National Electrical Contractor's Association Standard of Installation for general installation practice. END OF SECTION. Revised 03/25/09 Contract No PKS 09-03 Page 139 of 140 BASIC PARTITION WALL SPECIFICATIONS PART 1 - GENERAL 1.01 Work Included A. The toilet partitions shall be stainless steel with floor anchored/overhead braced mounting style as manufactured by Accurate Partitions Corp., Lyons, Illinois. B. Furnish all labor and materials necessary for completion of work in this section as specified herein. PART 2 - PRODUCT 2.01 Door, Panels, and Urinal Screens - Shall be 1" thick and fabricated from tension leveled 22 gauge type 304 stainless steel with a #4 satin finish bonded to sound deadening honeycomb core. 2.02 Pilasters -Shall be 1 %" thick, 82" high, and fabricated from tension leveled 22 gauge type 304 stainless steel with a #4 satin finish bonded to sound deadening honeycomb core. 2.03 Material- Doors, panels, pilasters, and urinal screens shall be manufactured with a resin impregnated honeycomb core that is bonded under pressure to the stainless steel with a non-toxic adhesive to ensure solid construction and sound attenuation. All the stainless steel components shall be assembled with a continuous roll-formed interlocking, 22-gauge stain- less steel crown molding welded and ground smooth at the corners. 2.04 Finish - All components shall be 304 stainless steel with a #4 satin finish and include a PVC film for protection during shipment and installation. 2.05 Door Hardware - Shall be cam-action hinges that permit door to remain at desired position when not in use. Hinges, one-piece strike and keeper and coat hook shall be chromium plated Zamac to resist corrosion. Hinges, strike and keeper shall be attached with tamper resistant barrel nuts and shoulder screws. Concealed latch assembly will allow for emergen- cy access. Doors for handicapped compartments shall be supplied with ADA paddle handles. 2.06 Mounting Hardware - Chrome plated Zamac stirrup brackets shall be used to mount panels and pilasters. Mounting hardware shall be secured with tamper resistant screws. 2.07 Construction Design- Partitions shall be floor anchored with one piece-mounting fork and include an integral leveling bolt to provide proper height adjustment. Floor anchoring system shall be concealed by a type 304 stainless steel trim shoe with a #4 satin finish. Aluminum head rail with anti-grip profile shall provide overhead bracing and span all compartments and brace the end pilaster to the back wall. PART 3 - EXECUTION 3.01 Installation - Shall be installed in accordance to the manufacturer's installation instructions with partitions rigid, straight and plumb. Doors and panels shall be mounted 12" above the finished floor. END OF SECTION. Revised 03/25/09 Contract No PKS 09-03 Page 140 of 140v