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Victor Concrete Inc; 2015-11-16; PWS16-05TRAN
RECORDED REQUESTED BY CITY OF CARLSBAD AND WHEN RECORDED PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 Notice is hereby given that: DOC# 2016-0255649 1111111111111111111111111111111111111111111111111111111111111111111111 May 25, 2016 03:10PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 PAGES: 1 Space above this line for Recorder's use. PARCEL NO: n/a ~~--------------- NOTICE OF COMPLETION 1. The undersigned is owner of the interest or estate stated below in the property hereinafter described. 2. The full name of the undersigned is City of Carlsbad, a municipal corporation. 3. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California 92008. 4. The nature of the title of the undersigned is: In fee. 5. A work or improvement on the property hereinafter described was completed on Mar. 25, 2016. 6. The name of the contractor for such work or improvement is Victor Concrete, Inc. 7. The property on which said work or improvement was completed is in the City of Carlsbad, County of San Diego, State of California, and is described as follows: Project No. 6013-15, 2015 Concrete Replacement. 8. The street address of said property is on various street in the City of Carlsbad, including Hillside Dr. CITY OF CARLSBAD ~~~ VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California, 92008; the City Council of said City on t0 Q.~ l :J -th , 20__1Je_, accepted the above described work as completed and ordered that aN 1ce of Completion be f1led. I declare under penalty of perjury that the foregoing is true and correct. Executed on ~j L g AB#22,295 R.eso#2016-095 Word\Masters\Forms\Notice of Completion (City) , 20&, at Carlsbad, California. CITY OF CARLSBAD ~~)c~ul'?L,tf, jc:/ )<../·--····· g·· RBARA ENGLEq / 'N City Clerk 3/9/98 May 18,2016 County Clerk/County Recorder PO Box 121750 San Diego, CA 92112-1750 SUBJECT: Request to Record Document Notice of Completion Victor Concrete, Inc (city of Carlsbad Please record the enclosed original of the above referenced document and return it to the City of Carlsbad City Clerk's Office. Recording fees are to be charged to the City in accordance with the standard letter agreement with the County Recorder's Office. Enclosures City Clerk's Office City Hall1200 Carlsbad Village Drive I Carlsbad, CA 92008 I 760-434-2917 t CITY OF CARLSBAD CONTRACT CHANGE ORDER TRANSMITTAL - C/O #2 Project: 6013-15, 2015 Concrete Replacement Date Routed: To: Construction Management & Inspection Department Head Finance Director City Manager/Mayor Construction Management & Inspection Reasons for changes: Item 1 : Delete Bid Item A-10, Repair curb inlet on La Costa 180’ east of El Camino Real. Item 2: Remove existing concrete island on Fisherman Drive, 110’ south of Poinsettia Lane and install concrete curb. COST ACCOUNTING SUMMARY: Original contract amount $308,954.00 Total amount this C/O $5,600.00 Total amount of previous C/O's ($15,297.00) Total C/O's to date ($9,697.00) New Contract Amount $299,257.00 Total C/O's as % of original contract -3.14% Contingency amount encumbered $75,000.00 Contingency increase / decrease $0.00 Contingency Subtotal $75,000.00 Total C/O's to date ($9,697.00) Contingency balance $84,697.00 Project: # 6013-15, 2015 Concrete Replacement Change Order No. 2 CITY OF CARLSBAD CONTRACT CHANGE ORDER NO. 2 PROJECT: 6013-15, 2015 Concrete Replacement CONTRACT NO. 6013-15 P.O. NO. P131771 ACCOUNT NO. 15270009060/601329066 CONTRACTOR: Victor Concrete Inc. ADDRESS: 6135 Barcelona Avenue Riverside CA 92509 The Contractor is directed to make the following changes as described herein. Changes shall include all labor, materials, equipment, contract time extension, and all other goods and services required to implement this change. Payment stated on this change order includes all charges, direct or indirect, arising out of this additional work including charges for field overhead, extended home office overhead, delays, disruptions, cumulative impacts, loss of efficiency, extended equipment costs and overtime premium costs and is expressly agreed between the City and the Contractor to be the complete and final costs hereof. The requirements of the specifications, where pertinent and not in conflict with this change order, shall apply to these changes. This change order is not effective unless signed by the City Manager and/or the Mayor or his/her designee. Pursuant to Section 3 of the General Provisions of this contract, perform the following: Item 1: Delete Bid Item A-10, Repair curb inlet on La Costa 180’ east of El Camino Real. Decrease to contract cost…………………………..…………….………... ($1,400.00) Item 2: Remove existing concrete median on Fisherman Drive. Repair asphalt paving, B-1 curb, and install striping and signage per attached drawing at agreed price. Increase to contract cost…………………………………………..………… $7,000.00 TOTAL INCREASE TO CONTRACT COST……………..….…..……..……………....$5,600.00 Project: # 6013-15, 2015 Concrete Replacement Change Order No. 2 TIME FOR COMPLETION OF ALL WORK UNDER THIS CONTRACT SHALL NOT BE EFFECTED AS A RESULT OF THIS CHANGE ORDER. RECOMMENDED BY: APPROVED BY: MUNICIPAL PROJECTS MANAGER (DATE) CONTRACTOR (DATE) ENGINEERING MANAGER (DATE) CITY MANAGER/ MAYOR (DATE) DEPARTMENT HEAD (DATE) FINANCE DIRECTOR (DATE) DISTRIBUTION: INSPECTION FILE (ORIGINAL), PURCHASING, CONTRACTOR, DEPUTY DIRECTOR DESIGN CITY OF CARLSBAD San Diego County Califomia CONTRACT DOCUMENTS, GENERAL PROVISIONS AND SUPPLEMENTAL PROVISIONS FOR 2015 CONCRETE REPLACEMENT CONTRACT NO. 6013-15 BID NO. PWS16-05TRAN Revised 3/6/15 Contract No. 6013-15 Page 1 of 110 Pages TABLE OF CONTENTS V' Notice Inviting Bids 6 Contractor's Proposal 10 Bid Security Form 16 Bidder's Bond To Accompany Proposal 17 Guide For Completing_The "Designation Of Subcontractors" Form 19 Designation Of Subcontractor And_Amount Of Subcontractor's Bid Items 21 Bidder's Statement Of_Technical Ability And Experience 22 Bidder's Certificate Of Insurance For General Liability, Employers' Liability, Automotive Liability And Workers' Compensation 22 Bidder's Statement Re Debarment 24 Bidder's Disclosure Of Discipline Record 25 Noncollusion Declaration To Be Executed By_Bidder And Submitted With Bid 27 Contract_Public Works 28 Labor And Materials Bond 34 Faithful Performance/Warranty Bond 36 Optional Escrow Agreement For 38 Security Deposits In Lieu Of Retention 38 Revised 3/6/15 Contract No. 6013-15 Page 2 of 110 Pages GENERAL PROVISIONS Section 1 Terms, Definitions, Abbreviations, And Symbols 1-1 Terms 41 1-3 Abbreviations 45 1 -4 Units Of Measure 48 1- 5 Symbols 49 Section 2 Scope And Control Of Work 2- 1 Award And Execution Of Contract 49 2-2 Assignment 49 2-3 Subcontracts 50 2-4 Contract Bonds 51 2-5 Plans And Specifications 52 2-6 Work To Be Done 56 2-7 Subsurface Data 56 2-8 Right-Of-Way 56 2-10 Authority Of Board And Engineer 58 2- 11 Inspection 58 Section 3 Changes In Work 3- 1 Changes Requested By The Contractor 59 3-2 Changes Initiated By The Agency 59 3-3 Extra Work 60 3-4 Changed Conditions 62 3- 5 Disputed Work 64 Section 4 Control Of Materials 4- 1 Materials And Workmanship 67 4- 2 Materials Transportation, Handling And Storage 71 Section 5 Utilities 5- 1 Location 72 5-2 Protection 72 5-3 Removal 73 5-4 Relocation 73 5-5 Delays 74 5-6 Cooperation 74 Section 6 Prosecution, Progress,_And Acceptance Of The Work Revised 3/6/15 Contract No. 6013-15 Page 3 of 110 Pages 6-1 Construction Schedule And Commencement Of Work 75 6-2 Prosecution Of Work 77 6-3 Suspension Of Work 77 6-4 Default By Contractor 78 6-5 Termination Of Contract 78 6-6 Delays And Extensions Of Time 79 6-7 Time Of Completion 79 6-8 Completion, Acceptance, And Warranty 80 6-9 Liquidated Damages 81 6- 10 Use Of Improvement During Construction 81 Section 7 Responsibilities Of The Contractor 7- 1 Contractor's Equipment And Facilities 81 7-2 Labor 82 7-3 Liability Insurance 82 7-4 Workers' Compensation Insurance 82 7-5 Permits 83 7-7 Cooperation And Collateral Work 84 7-8 Project Site Maintenance 85 7-9 Protection And Restoration Of Existing Improvements 86 7-10 Public Convenience And Safety 87 7-11 Patent Fees Or Royalties 94 7-12 Advertising 94 7-13 Laws To Be Obsen/ed 94 7- 14 Antitrust Claims 94 Section 8 Facilities For Agency Personnel 8- 1 General 95 Section 9 Measurement And Payment 9- 1 Measurement Of Quantities For Unit Price Work 95 9-2 Lump Sum Work 95 9-3 Payment 95 9-4 Bid Items 98 0 Revised 3/6/15 Contract No. 6013-15 Page 4 of 110 Pages SUPPLEMENTAL PROVISIONS TO PART 2 AND 3 Part 2 Construction Materials Section 200 Rock Materials 200-2 Untreated Base Materials 100 Section 201 Concrete, Mortar, And Related Materials 201 -1 Portland Cement Concrete 101 Section 203 Bituminous Materials 203-6 Asphalt Concrete 102 Part 3 Construction Methods Section 301 Treated Soil, Subgrade Preparation And Placement Of Base Materials 301 -1 Subgrade Preparation 104 Section 302 Roadway Surfacing 302- 5 Asphalt Concrete Pavement 106 Section 303 Concrete And Masonry Construction 303- 5 Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersections, Access Ramps, And Driveways 107 Appendix A 110 Revised 3/6/15 Contract No. 6013-15 Page 5 of 110 Pages CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS UNTIL 2:00 PM ON AUGUST 27, 2015, the City shall accept sealed bids, cleariy mariced as such, at the Faraday Center, 1635 Faraday Avenue, Carlsbad, CA 92008-7314, Attn: Purchasing Officer, by mail, delivery sen/ice 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: concrete replacement at various locations throughout the city. 2015 CONCRETE REPLACEMENT CONTRACT NO. 6013-15 BID NO. PWS16-05TRAN INSTRUCTIONS TO BIDDERS AND BID REQUIREMENTS This bid and the ternis 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 Carisbad and the Bidder. No bid wili 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 retumed 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 Carisbad may disqualify a contractor or subcontractor from participating in bidding when a contractor or subcontractor has been deban'ed by the City of Carisbad 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 Carisbad on file with the Public Wori<s Department. The specifications for the wori< include City of Carisbad Engineering Standards and the Standard Specifications for Public Worics Construction. Parts 2 & 3. 2015 Edition all hereinafter designated "SSPWC", as amended. Specification Reference is hereby made to the plans and specifications for full particulars and description of the wori<. The General Provisions (Part 1) to the SSPWC do not apply. The City of Carisbad encourages the participation of minority and women-owned businesses. The City of Carisbad encourages all bidders, suppliers, manufacturers, fabricators and contractors to utilize recycled and recyclable materials when available, appropriate and approved by the Engineer. Revised 3/6/15 Contract No. 6013-15 Page 6 of 110 Pages BID DOCUMENTS The bid documents comprise the following documents which must be completed and properly executed including notarization, where indicated. 1. Contractor's Proposal 2. Bidder's Bond 3. Noncollusion Declaration 4. Designation of Subcontractor and Amount of Subcontractor's Bid 5. Bidder's Statement of Technical Ability and Experience 6. Acknowledgement of Addendum(a) 7. Certificate of Insurance. The riders covering the City, its officials, employees and volunteers may be omitted at the time of bid submittal but shall be provided by the Bidder prior to award of this contract. 8. Bidder's Statement Re Debarment 9. Bidder's Disclosure Of Discipline Record 10. Escrow Agreement for Security Deposits - (optional, must be completed if the Bidder wishes to use the Escrow Agreement for Security) ENGINEER'S 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 $400,000 TIME OF COMPLETION: The contractor shall complete the Wori< 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 properiy 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 forthis contract: A (General Engineering) or C-8 (Concrete). ESCROW AGREEMENT If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of the usual 5% retention from each payment, these documents must be completed and submitted with the signed contract. The escrow agreement may not be substituted at a later date. OBTAINING CONTRACT AND SPECIFICATIONS Sets of various supplemental provisions, and Contract documents may be obtained at the Cashier's Counter of the Faraday Center located at 1635 FaradayAvenue, Carisbad, California 92008-7314, for a non-refundable fee of $10 per set. If specifications are to be mailed, the cost for postage should be added. INTENT OF CONTRACT AND SPECIFICATIONS Any prospective bidder who is in doubt as to the intended meaning of any part of the specifications or other contract documents, or finds discrepancies in or omissions from the specifications may submit to the Engineer a written request for clarification or correction. Any response will be made only by a \¥ Revised 3/6/15 Contract No. 6013-15 Page 7 of 110 Pages written addendum duly issued by the Engineer a copy of which will be mailed or delivered to each person receiving a set ofthe contract documents. No oral response will be made to such inquiry. Prior W to the award of the contract, no addition to, modification of or interpretation of any provision in the contract documents wili be given by any agent, employee or contractor of the City of Carisbad except as hereinbefore specified. No bidder may rely on directions given by any agent, employee or contractor ofthe City of Carisbad except as hereinbefore specified. REJECTION OF BIDS The City of Carisbad reserves the right to reject any or all bids and to waive any minor in-egularity or informality in such bids. PREVAILING WAGE TO BE PAID The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as detemiined by the Director of Industrial Relations pursuant to the sections 1770, 1773, and 1773.1 ofthe Labor Code. Pursuant to section 1773.2 ofthe Labor Code, a current copy of applicable wage rates is on file in the Office ofthe City Engineer. The Contractorto whom the Contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the Contract. The Prime Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the purposes of section 4107 and 4107.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. V, A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless cun-ently registered and qualified to perform public work pursuant to Section 1725.5. This project is subject to compiiance monitoring and enforcement by the Department of Industrial Relations. PRE BID MEETING A pre-bid meeting and tour of the project site will not be held. UNIT PRICES AND COMPUTATION OF BIDS All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and figures, the words shali prevail. In case of an error in the extension of a unit price, the con'ected 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 V . 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 Revised 3/6/15 Contract No. 6013-15 Page 8 of 110 Pages 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 can-ier 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 ofthe amount ofthe bond. The bonds are to be accompanied by the following documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the City may require copies of the insurer's most recent annual statement and quarteriy statement filed with the Department of Insurance pursuant to Article 10 (commencing with section 900) of Chapter 1 of Part 2 of Division 1 ofthe 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 anv vehicle used in the perfonnance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. Workers' compensation insurance required underthis 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 Compensafion Fund meeting the requirement for workers' compensation insurance. V The Contractor shall be required to maintain insurance as specified in the Contract. Any addifional cost of said insurance shall be included in the bid price. The award ofthe contract by the City Council is confingent upon the Contractor submitting the required bonds and insurance, as described in the contract, within twenty days of bid opening. Ifthe 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 durafion of the contract. Approved by the City Council of the City of Carisbad, California, by Resolution No. 2015-144, adopted on the 9* day of June, 2015. July 21, 2015 Date Deputy City Clerk ^•F^ Revised 3/6/15 Contract No. 6013-15 Page 9 of HOPages CITY OF CARLSBAD 2015 CONCRETE REPLACEMENT CONTRACTNG. 6013-15 CONTRACTOR'S PROPOSAL OrENED, WITNESSED AND RECORDED: City Council City of Carlsbad 1200 Carisbad Village Drive Carisbad, California 92008 . . The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Specificatk>ns, General Provisions, Contract Documents, and addenda thereto, and hereby proposes to furnish all labor, materials, equipment, transportatkxi, and services required to do all the work to complete Contract No. 601 S-l 5 in accordance with the Speciftoations, General Proviskins, Contract Documents, and addenda thereto and that he/she will take in full payment therefore the foltowing unit prices for each item complete, to wit: CONTRACT BID ITEMS Item No. Description Approximate Quantity And Unit A-1 Remove and Replace Curb & Gutter SDRSD G-2 at (Unit Price In Words) Unit Prices (Figures) 1,131 LF $ A ^' Total Amount (Figures) A-2 Remove and Replace Sidewalk SDRSD G-7 at (Unit Price In Words) 13,647 SF $ A-3 A-4 Remove and Replace Driveway Approach SDRSD G-14 at (Unit Price in Words) 2,667 SF $ Remove and Replace Curb Ramps SDRSD G-28 and G-29 at 5 Each (Unit Price fn Words) Revised 3/6/15 Contract No. 6013-1 g oo Page 10 of 110 Pages Item No. Description Approximate Quantity And Unit Unit Prices Total Amount (Figures) (Figures) 498 SF $ /g^ $ 8,9^8- A-5 A-6 A-7 A-a A-9 A-10 A-11 Remove and Replace Cross Gutter SDRSD G-12 at (Unit Price in Words) Remove and Replace SDRSD D-25 at (Unit Price in Words) Remove and Replace Spandrel SDRSD G-12 at (Unit Price in Words) Install and Compact Class 2 Aggregate Base as directed by city 1 EA K^/r/i^^s^ Pe^ 7^i>A.y (Unit Price in Words) (Unit Price in Words) Remove and Replace driveway approaches and rolled curt)s at Caminito Del Reposo, Caminito Del Mar, and Caminito Del Sol at 751 SF $ 10 Tons $///^ $ / Traffic Control and Public Notification at \ L5 (Unit Price in Words) Repair cuit) inlet on La Costa 180' east of El Camino Real at 1 LS oyer >r5»^>r //^^z>^/rr) ao 5,000 SF (Unit Price in Words) Total amount of bid in words: T^A'/^^^ //^u/^/^/e/r^'/(T/ZZ 7^i^;^^Z> Total amount of bid in numbers: Revised 3/6/15 Contract No. 6013-15 Page 11 of HOPages Price(s) given above are firm for 90 days after date of bid opening. Addendum<a) Nofs). ~ has/have been received and is/are included in this proposal. The Undersigned has carefully checked all of the above figures and understands that the City will not be responsible for any en'or or omission on the part of the Undersigned in preparing this t>id. 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 towest bidder and the bid security ofthe lowest bidder may be forfeited. The Unders^ned bidder declares, under penalty of perjury, that the undersigned is licensed to do business or act in the capacity of a contractor within the State of Califomia, validly licensed under license number /QoV^py? . classification C - 'B which expires on l-n . and that tWs statement is true and con'ect and has the legal effect of an affidavit. DIR Registration No. /od?op A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code ehall 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 Itoensed in accordance with California law. However, at the time the contract is awarded, the contractor shall be properly Itoensed. The Undersigned bidder hereby represents as follows: 1. That no Council member, officer agent, or employee of the City of Carisbad 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 Coritract and the papers made a part hereof by its terms; and 2. That this bid is made without connection with any person, finn, or corporation making a bid for the same woric, and is in all respects fair and without colluston or fraud. Accompanying this proposal is ^/z? TJo/yZ) (Cash, Certified Check, Bond or Cashier's Check) for ten percent (10%) of the amount bid. The Undersigned is aware ofthe provisions of section 3700 of the Labor Code which requires every employer to be insured against liability for wortcers' compensation or to undertake setf-insurance in accordance virith the provistons of that code, and agrees to compiy with such provistons before commencing the performance ofthe work ofthis Contract and continue to comply until the contract is complete. Revised 3/6/15 Contrect No. 6013-15 Page 12 of 110 Pages ^heck A License - License Detail - Contractors State License Board Page 1 of^ Contractor's License Detail for License # 1004077 DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations. CSLB complaint disclosure is restricted by law (B&P 7124.6) If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and/or legal action information. Per B&P 7071.17 . only construction related civil judgments reported to the CSLB are disclosed. Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. Due to workload, there may be relevant infbrmation that has not yet been entered onto the Board's license database. Business Information VICTOR CONCRETE INC 6135 BARCELONA AVENUE RIVERSIDE, CA 92509 Business Phone Number:(951) 686-4215 Entity Corporation Issue Date 05/29/2015 Expire Date 05/31/2017 License Status lis license is current and active. ^^\ll information below should be reviewed. Classifications c-8 - CONCRETE Bonding Information Contractor's Bond [This license filed a Contractor's Bond with AMERICAN CONf RACf ORS rNDEMNITY COMPANY.' Bond Number: 100276056 Bond Amount: $12,500 Effective Dat^^^^^^^ Bond of Qualifying Individual The Responsible Managing Officer (RMO) GRANILLO VICTOR certified that he/she owns 10 percent or more of the voting stock/equity ofthe corporation. A bond of qualifying individual is not required. Effective Date: 05/29/2015 Workers' Compensation (This license has workers compensation insurance with the EVEREST NATIONAL INSURANCE COMPANY ,*>ollcy Number:7600011923 Effective Date: 08/05/2014 txpire Date: Q6J05I2016 Other Personnel listed on this license (current or disassociated) are listed on other licenses. ittps://wvvw2.cslb.ca.gov/onlineservices/checklicenseII/LicenseDetaiLaspx?LicNum= 1004077 8/27/2011 'heck A License - License Detail - Contractors State License Board Page 2 of ^ ittps://www2.cslb.ca.gov/onlineservices/checklicenseII/LicenseDetail.aspx?LicNum=l004077 8/27/2011 Califomia Department oflndustrial Relations - Contact DIR Page 1 of 1 Go to Search Home LaborLaw Cal/OSHA-Safety & Health Workers'Comp Self Insurance Apprenticeship Director's Office Boards Public Works Public Works Contractor (PWC) Registration Search This is a listing of cun-ent and active PWC registrations pursuant to Division 2, Part 7, Chapter 1 (commencing with section 1720 of the California Labor Code.) Enter at least one search criteria to display active registered public works contractor's) matching your selections. Registration Year: (Current Fiscal Year: 2016 |sr;j PWC Registration Number: Contractor Legal Name: License Number: 11004077 County: Contractor License Lookup j Select County Search Reset Search Results One registered contractor found. 1 Details Legal Name View VICTOR CONCRETE INC. Registration County Number 1000025062 RIVERSIDE Export as: Excel | PDF City Registration Expiration Date Date RIVERSIDE 07/07/2015 06/30/2016 V2.20150806c About DIR Who we are DIR Divisions, Boards & Commissions Contact DIR Work with Us Licensing, registrations, certifications & permits Notification of activies Public Records Act Learn More Site Map Frequently Asked Questions Jobs at DIR Conditions of Use Privacy Policy Disclaimer Disability accommodation Site Help Copyright © 2015 State of California https://efiling.dir.ca.gov/PWCRySearch.action 8/27/2015 The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2, relative to the general prevailing rate of wages for each craft or type of wort<er needed to execute the Contract and agrees to compiy with its provisions. IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: (1) Name under which business is conducted (2) Signature (given and sumame) of proprietor (3) Place of Business (Street and Number) City and State (4) Zip Code Telephone No., (5) E-Mail IF A PARTNERSHIP. SIGN HERE: (1) Name under which business is conducted Ay/A (2) Signature (given and surname and character of paitner) (Note; Signature must be made by a general partner) (3) Race of Business. City and State (Street and Number) (4) Zip Code Telephone No. (5) E-Mail Revised 3/6/1S Contract No. 6013-15 Page 13 of 110 Pages ACKNOWLEDGMENT A notary public or other officer completing this certificate venfies only the identity ofthe individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity ofthat document State of California County of /fT/y^^.,-;/, } Or^u2Mz^k:^__ before me, /^^Yl /l'l•/.JO u^y^:^. , ^ (here insertjiame and title of personally appeared . /^^^TW^ le officer) WITNESS my hand and official seal. (Seal) Signatur^//^^^^^^ , /9?^W^ IF A CORPORATION. SIGN HERE: (1) Name under which business is conducted \llC^Of toOCr-f-k. fOC. (Signature) (Title) Impress Corporate Seal here (3) Incorporated under the laws of the State of " (4) Place of Business (gi2)6 PyifCplnnfi AU6- , , / (Street and Number) City and State \\\^e(Siao rft. (5) Zip Code ^2,609 Telephone No. CQ6I) ^I2\^ (6) E-Mail VtCiorfonrr^g-tr^ i ^ ao\.Cnrr\ NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED Revised 3/6/15 Contract No. 6013-15 Page 14 of 110 Pages List betow names of president, vk;e president, secretary and assistant secretary, if a corporation; If a partnership, list names of all general partners, and managing partners: Revised 3/6/15 Contract No. g013-15 Page 15 of 110 Pages BID SECURITY FORM (Check to Accompany Bid) 2015 CONCRETE REPLACEMENT CONTRACT NO. 6013-15 (NOTE: The foibwing form shall be used if check accompanies bid.) Accompanying this proposal is a 'Certified *Cashlers check payable to the order of CITY OF CARLSBAD, in the sum of 2P ^ ^ % ^.^x^ rp:^^c -r dollars (t \ this amount being ten percent (10%) of the total amount of the bid. The proceeds of this check shall become the property ol the City provided this proposal shall be accepted by the City through actnn of its legally constituted contracting authorities and the undersigned shall fail to execute a contract and fumish the required Performance, Warranty and Payment Bonds and proof of Insurance coverage within the stipulated time; othenivise, the check shall be retumed 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 othenvise required by law, and notwithstanding the aw/ard of the contract to another bidder. BIDDER Deleie the inapplicat>le 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.) 0 Revised 3/6/15 Contract No. 8013-15 Page 16 of 110 Pages Bond No. 1000934633-18 BIDDER'S BOND TO ACCOMPANY PROPOSAL 2015 CONCRETE REPLACEMENT CONTRACT NO. 6013-15 KNOW ALL PERSONS BY THESE PRESENTS: That we, Victor Concrete, Inc. ^ gg Principal, and '^'"^rican contractors indemnity Company as Surety are held and fintily bound unto the dty of Carlsbaid, CaHfornia, in an amount as folbws: (must be at least ten percent (10%) of the bid amount) Ten Percent of the Total Amount Bid for which payment, well and truly made, we bind ourselves, our hehs. executors and administrators, successors or assigns, jointly and severally, finnly by tbese presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above- bounden Principal for: 2015 CONCRETE REPLACEMENT CONTRACT NO. 6013-15 in the City of Cartsbad, vs accepted by the City Council, and tf the Principal stell duly enter Into and execute a Contract Induding required bonds and insurance policies wfthin tvi^snty (20) days fnom the date of awaixl of Contract by the City Council of the City of Carlsbad, being duty notified of sakJ award, then this obligatk>n ^11 become null and vokJ; <*en/vise, it sball be and remain in full force and effect, and the amount specified hensin shall be forfeited to ttie sad City. in the event Principal executed tNs bond as an individual, it is agreed that the death of Prtncipal ^all not exonerate the Surety from its obligattons under this bond. novfe»d3«^1S ConfrHdiNo.60l3-1S Page IT otl 10 Pages Executed by PRINCIPAL this. PRINCIPAL: Victor Concrete. Inc. day of. (nameof Princlpl) (signhere) (print nam© hem) (Title and Organization of Signatory) By; (sign here) (print name here) (title and organiiatlon of signatory) LUL Executed by SURETY this 26th of August ^, 2015 SURETY; American Contractors Indemnity Company (name of ^rely) 625 The City Drive South #130, Orange, CA 92868 (acWress of Sur^) 800-316-5695 (telephone niKinber of Surety) —>^ (signature of Attomey-ln-Fact) Shaunna Rozelle Burchfiel, Attorney-in-Fact (printed name of Attorney-in-Fact) (Attatrfi corporate r^otution showing cajnrent power of attorney.) (Proper notarial admowledgment of execution by PRINCIPAL and SURETY must be attached.) (Presklent or vice-presktent and secretary or assistant secretary must sign for corporalkMis. If only one officer signs, tti» corporatton mui^ attach a resolution calified by the secretary or ass^ant secretary uaxter corporate seal empowering that officer to bind the corporatton.) APPROVED AS TO FORM: CELIA A. BREWER City Attomey By:. Asetotant Crty Attomey Re^edawis CorrtfHCt No. 6013-15 Page 18 Of 110 Friges CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL GODE § 1189 A notary public or other officer compieting this certificate verifies only the identity of the individual who signed the docunient to which this certificate Is attached, and not the truthfulness, accuracy, or vaHdity of that document. State of Califomia County of Orange On August 26th. 2015 before me, Thi Grinwald, Notary Public Dafe Here Insert Name and Title of the Officer personally appeared Shaunna Rozelle Burchfiel, Attorney-in-Fact Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the per§on(gf whose name(j!) (|/kre sulK^ibed to the within instrument and acknowledge to me that hei^hphey executed the same in his%K/their authorized capacityfi^}, and that by his^e^helr signatureMonthe instrument the personfe), or the entity upon behalf of which the personf^ acteaTexecuted the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. I THi GKINWALD COMM. #2067236 Notary Public Orange County My Com. Expires May 5,2016 [ California g WITNESS my hand afii official seal. Signature Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deteralteration ofthe document or fraudulent reattachment of this form to an unintended document Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity{ies) Claimed by Signer(s) Signer's Name: • Corporate Officer — Title(s): • Partner — • Limited • General • Individual • Attomey in Fact • Trustee • Guardian or Conservator • .Other: Signer is Representing: Signer's Name: • Corporate Officer — Title(s): • Partner — • Limited !• General • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: _^___ ©2014 National Notary Association • vi/ww.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 ACKNOWLEDGMENT A notan/ public or other officer completing this certificate venfies only the identity ofthe individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document State of California County of /fT/y^^^,-^,. } On^^Cr^^^^^before me, (^^^ I . . (here Insert nanie and title ofthe officer) personally appeared j/j^^ r- (^^ ^ y)iU WITNESS my hand and official seal. Signature X//j^^^ y (Seal) mm -T , , I , E [^^lll 10.20^71 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 Califomia corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make, constitute and appoint: Shaunna Rozelle Burchflel, George Jay Burchfiel, Catherine Denise Huckabay, Karin Zeich Thorp or Robert B. Gates of Santa Ana, 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 confered in its name, place and stead, to execute, acknowledge and delivQ- any and atl bonds, recognizances, undertakings er other instruments or contracts of suretyship to include riders, araendm^ts, and consents of surety, providing the bond penalty does not exceed *Three Million***** Dollars ($ **$3,000,000.00** ). This Power of Attomey shall expire without further action on December 20,2017. This Power ofAttomey is granted under and by authority ofthe following resolutions adopted by the Boards ofDirectors of the Companies: Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretaiy 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 tiehalf of the Company subject to the following provisions: Attomey-in-Fact may be given full power and authonty 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, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attomey-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 aay power of attomey or any certificate relating thereto by facsimile, and any power of attorney br certificate bearing facsimile signature or facsimile seal shall valid and binding upon the Company with respect to any bond or tBidertaking to which it is attaohpd. IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 1st day of December, 2014. AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY Corporate Seals JSl ¥/)^m 1^1 ^.li By: Daniel P. Aguilar, Vice President A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthftilness, accuracy, or validity ofthat document. State of California County of Los Angeles SS: On this 1st day of December, 2014, before me, Maria G. Rodriguez-Wong, a notary public, personally appeared Dan 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 actotowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which tie person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) MARIA 6. R0MIGUEZ-W0N6 | Commission # 2049771 I Notary Public - California I Los Angelas County i •jjComoEjgjWDKM^O^I I, Michael Chalekson , 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 ofa Power ofAttomey, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards ofDirectors, set out in the Power ofAttomey 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, Califomia this2.-(e ^ day of /hjt^ o<:-h ,2015^. Corporate Seals Bond -tio.lOO^VfJSzd^ Agency No. 10113 Michael Chalekson, Assistant Secretary in ~ "S o -? = X O < .« LU ( o Q; o b: X: m fl • Q. ro _ c 5 ,5 , Q) O C •a o ^ --•Sot' I O < • > o . ! O O = S " o • Company Proflle Page 1 of 1 CALIFORNIA DEPARTMENT OF INSURANCE Company Profile Company Search Company Information Old Company Names Agent for Service Reference Information NAIC Group List Lines of Business Workers' Compensation Complaint and Request for Action/Appeals Contact Information Financial Statements PDF's Annual Statements Quarterly Statements Company Complaint Company Performance & Comparison Data Company Enforcement Action Composite Complaints Studies Additional Info Find A Company Representative In Your Area View Financial Disclaimer COMPANY PROFILE Company Information AMERICAN CONTRACTORS INDEMNITY COMPANY 601 S. FIGUEROA STREET, SUITE 1600 LOS ANGELES, CA 90017 Old Company Names Agent For Service ANNA NOVEMAN 601 S. FIGEROA STREET SUITE 1600 LOS ANGELES CA 90017 Reference Information Effective Date NAIC #: 10216 California Company ID #: 3634-3 Date Authorized in California: 05/23/1994 License Status: UNLIMITED-NORMAL Company Type: Property & Casualty State of Domicile: CALIFORNIA back to top NAIC Group List NAIC Group*: 0984 HCC INS HOLDINGS GRP Lines Of Business The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. SURETY back to top © 2008 California Department of Insurance https://iriteractive.web.insurarice.ca.gov/companyprofile/cornpanyprofile?ev... 8/27/2015 GUIDE FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTORS" FORM REFERENCES Prior to preparation of the foilowing "Subcontractor Disclosure Fonn" 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 "Wodc". 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 resuK in rejection ofthe bid as non-responsive. Any bid that proposes performance of more than 50 percent of the work by subcontractors or othenwise 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 perfonned 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 Caiifornta 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 offiers 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(8) shall be set forth and included as an integral part of the bid offer. The Designation of Subcontractors forni must be submitted as a part ofthe Bidder's sealed bid. Failure to provide complete and correct infonnation mav result in rejection ofthe bid as non-resoonsive. 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 perfonmed 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 Bkider proposes using a Subcontractor to constaict or install less than 100 percent of a bkJ item, the Bkkier shall attach an explanation sheet to the Designation of Subcontractor form. The explanation sheet shall clearly apprise the City of the specific facts that show the Bidder proposes to perform no less than fifty percent (50%) of the woric vwth its own forces. Detemnination of the subcontract amounts for purposes of award of the contract shall be cietermined by the City Council in conformance with the provisions of the contract documents and the varicHiS supplemental provisions. The decision ofthe Dty Council shall be final. r Revised 3/6/15 Contract No. 6013-15 Page 19 of 110 Pages Contractor is prohibited from perfonning any work on this prcietA 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 additionai copies of the disclosure forms as may be necessary to provide the required information. The page number and totat number of additional form pages shall be entered in tf)e location provkled on each t^ of form so duplicated. Revised 3^/15 Contract No. 6013-15 Paga 20 of 110 Pages DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS (To Accompany Proposal) 2015 CONCRETE REPLACEMENT CONTRACT NO. 6013-15 The Bidder certifies that It has used the sub-bid of ttie fbllowing listed subcontractors in preparing this tMd for the Wortc and that the listed subcontractors will be used to perfbrm the portions of the Woric as designated in this list in accordance with applbable provisions ofthe specificatkins and section 4100 et seq. of the Public Contract Code, "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additkinal subcontractor will be allowed to perfonn any portbn 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, induding bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000), whtehever is greater, and that no changes in the subcontractors listed woric will be made except upion the prior approvaf of the Agency. SUBCONTRACTOR'S BID 11 rEMS Portion of Work Subcontractor Name and Locatton of Business Subcontractor's Licenee Na, Classification & DIR Reg. Na Amount Of Work by Subcontraetor in Doiiars* Page / of / pages of this Subcontractor Designation form Pursuant to sacbon 4104 (a}(2](A) Canbmia Public Contract Code, receipt of the infomialion preosded by an asterWi may be submftted by the Bidder up to 24 houra after the deadline for submMing bids contained in the "Notice Inviting Bids." Revised 3«/15 Contract No. gQiadS Page 21 of HOPages BIDDER'S STATEMENT OF TECHNICAL ABIUTY AND EXPERIENCE (To Accompany Proposal) 2015 CONCRETE REPLACEMENT CONTRACT NO. 6013-15 The Bidder is required to state what woric of a similar character to that inciuded in the proposed Contract he/she has successfully performed and give references, with teiephone numbers, which will enable the City to judge his/her responsibility, experience and skill. An attechment can be used. DateCwitract Comptoted Name and Address of UiaEmirioyor Name and Phone No. of Pereon to Contract TVpaofWork Amountof Contraet 7/j//2^/^ 12./; M""* lief Icc*. y/^z/zo/s-^//../uUi///c 7^6-yrf' f^72_ '7/'/' ZJ/' 7f y/^z/p^/y S/ 9- T72 ' 69 YP id^^ /^^^ '^ , fu.,.£'u/l,^6i^t/t.- /V^/ / • T , ^. r 1 Revised 3/8/15 Contract No. 6013-15 Page 22 of HOPages BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' UABILITY, AUTOMOTIVE LIABIUTY AND WORKERS' COMPENSATION (To Accompany Proposal) 2015 CONCRETE REPLACEMENT CONTRACT NO. 6013-15 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: Comprehensive General Liability Automobile Liability Workers Compensation Employer's Liability 2) Statement with an insurance carrier's notarized signature stating that the carrier can, and upon payment of fees and/or premiums by the Bidder, will issue to the Bkider Policies of insurance for Comprehensive General Liabiiity, Automobile Liability, Woricers 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 specificatton of this contract must: 1) Meet the condittons 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 ex* offsite, whether owned, non-owned or hired, and wtiether scheduled or non-scheduled. Revised 3/8/15 Contract No. 601S-15 Page 23 of 110 Pages ACORD CERTIFICATE OF LIABILITY INSURANCE DAIE (MMAMtfYYVy) 10/28/2015 THIS CERnFICATE IS ISSUED AS A MATTER OF INFORMAnON ONLY AND CONFERS NO RIGHTS UPON THE CERnFICATE HOLDER. THIS CERnFICATE OOES NOT AFFIRMAnVELY OR NECSAnVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. THIS CERnFICATE OF INSURANCE DOES NOT CONSnTUTE A CONTRACT BEIWEEN THE ISSUING INSURERIS), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERnFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDinONAL INSURED, the poUcy(ies) must be endoreed. If SUBROGAnON IS WAIVED, subject to the terms and condttions of the pollcy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(8). PRODUCER STATE FARM INSURANCE 2097 COMPTON AVE STE 101 , , CORONA CA 92881 ^fc" SELINA MARnNEZ PRODUCER STATE FARM INSURANCE 2097 COMPTON AVE STE 101 , , CORONA CA 92881 PHONE PAX [AK Mo, EM): 951-280-3516 (Sc. NOI: 951-340-3568 PRODUCER STATE FARM INSURANCE 2097 COMPTON AVE STE 101 , , CORONA CA 92881 Aomkss: SELINAMARTINEZ.Rg3KffiSTATEFARM.COM —••V INSURER(S) AFFORDING COVERAGE NAIC* —••V INSURER A: State Farm Mutual Automobile insurance Comoam 2S178 INSURED VICTOR CONCRETE INC 6135 BARCELONA AVE RIVERSIDE CA 92509-1726 INSURER B: State Fann Qeneral Insurance Comoanv 25151 INSURED VICTOR CONCRETE INC 6135 BARCELONA AVE RIVERSIDE CA 92509-1726 INSURERC: INSURED VICTOR CONCRETE INC 6135 BARCELONA AVE RIVERSIDE CA 92509-1726 INSURERD: INSURED VICTOR CONCRETE INC 6135 BARCELONA AVE RIVERSIDE CA 92509-1726 INSURERE: INSURED VICTOR CONCRETE INC 6135 BARCELONA AVE RIVERSIDE CA 92509-1726 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POUCIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDmON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POUCIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR JJE. TYPEOFINSURANCE GENERAL UABIUTY COMMERCIAL OENERAL UABILITY I CLAIMS.MADE OCCUR rnnnnroi u POUCY NUMBER GEN'L AGGREGATE UMIT APPUES PER: POLICY r~| ggg-F I ILOC POUCYEFF (MWDDWYYYl POUCYEXP IMIWDIMYYYYl UMITS EACH OCCURRENCE DAMAGETORENTED PREMISES (Ea occurrence MED EXP (Any ona person) PERSONAL & AOV INJURY GENERALAGGREGATE PRODUCTS - COMP/OP AGG AUTOMOBILE UABIUTY ANYAUTO ALL OWNED AUTOS HIRED AUTOS SCHEDULEO AUTOS NON-OWNED AUTOS 250 5893-F12-7S 250 5894-F12-7S 378 9810-A21-75 444 410S-A15-7SA 06/12^015 06/12/2015 07/21/2015 07/15/2015 06/12/2016 06/12/2016 07/21/2016 07/15/2016 CfiUSitMebSINdLE LIMIT (Ea accident) 2,000,000 BODILY INJURY (Per person) BODILY INJURY (Per accident) WfipeRTY DAMAGE (Peraecidentt MEDICAL 5,000 UMBRELLA LIAB EXCESS UAB DED OCCUR CLAIMS-MADE EACH OCCURRENCE AGGREGATE RETENTIONS WORKERS COMPENSATION AND EMPLOYERS' UABIUTY ANY PROPRIETOR/PARTNER«XECUTIVE OFFICEMBUIBER EXCLUDED? (Mandatory In NH) Ifyes, descttbe under PESCRIPTION QF QPERftTIQNS llBlBW WCSTATU-TORY LIMITS am- _EB. • N/A INLAND MARINE • D E.L. EACH ACCIDENT E.L DISEASE • EA EMPLOYEE E.L DISEASE - POLICY LIMIT 92-BP-FS40-8 10/08/2015 10/08/2016 MOBILE EQUIPMENT $14,500 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (AlUch ACORD 101, AddMonil Reinarks Schedule,« more space ia requlrad) THE CITY OF CARLSBAD. ITS OFFICIALS. EMPLOYEES AND VOLUNTEERS ARE NAMED AS ADDITIONAL INSURED HEREUNDER AS RESPECTS LIABILITY ARISING OUT OF ACTIVITIES PERFORMED BY OR ON BEHALF OF THE NAMED INSURED. COVERAGE UNDER THIS POLICY SHALL BE PRIMARILY INSURANCE AS RESPECTS THE CITY, ITS OFFICIALS, EMPLOYEES AND VOLUNTEERS. **30 DAY CANCELLATION NOTICE APPLIES TO THE ADDlTiONAL INSURED CERTIFICATE HOLDER CANCELLATION ADDITIONAL INSURED: CITY OF CARLSBAD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 1635 FARADAYAVENUE CARLSBAD, CA 92008-7314 1635 FARADAYAVENUE CARLSBAD, CA 92008-7314 AUTHORmtTl^ribSENTATIVE ^ " 1 ACORD 25 (2010/05) ©1988-2010 ACORD CORPORATION. Ail rights reserved. The ACORD name and iogo are registered marlw of ACORD 1001486 132849.6 11-15-2010 R93K Policy No.: 3789810A2175 FE- 6609 SECTION il ADDITIONAL INSURED ENDORSEMENT Policy No.: 3789810A2175 Named Insured: VICTOR CONCRETE INC 1^ Additional Insured (include addrees): CITYOFCARLSBAD 1635 FARADAYAVENUE CARLSBAD, CA 92008-7314 WHO IS AN INSURED, under SECTION II DESIGNATION OF INSURED, is amended to inciude ae an insured the Additional Insured shown above, but only to the extent that liability Is imposed on that Additional Insured solely because of your work performed for that Additional Insured shown above. Any insurance provided to the Additional Insured shall only apply with respect to a claim made or a suit brought for damages for which you are provided coverage. The Primary Insurance coverage below applies only when there is an "X" in the box. 1^ Primary Ineurance. The insurance provided to the Additional Insured shown above shall be primary insurance. Any Insurance canied by the Additional Insured shall be noncontributory with respect to coverage prOvkied to you. /Ml other policy provisions apply. Printed In U.SA FE-6e09 ACORCf CERTIFICATE OF LIABIUTY INSURANCE DATE (MM/DD/YYYY) 10/27/2015 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 ••EPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. fMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the PRODUCER Dealey, Renton & Associates P. 0. Box 10550 Santa Ana CA 92711-0550 CONTACT NAME: PRODUCER Dealey, Renton & Associates P. 0. Box 10550 Santa Ana CA 92711-0550 /«„P.«. 714-427-6810 r/Sc.No>: 714-427-6818 PRODUCER Dealey, Renton & Associates P. 0. Box 10550 Santa Ana CA 92711-0550 E-MAIL ADDRESS: PRODUCER Dealey, Renton & Associates P. 0. Box 10550 Santa Ana CA 92711-0550 INSURER(S) AFFORDING COVERAGE NAIC# PRODUCER Dealey, Renton & Associates P. 0. Box 10550 Santa Ana CA 92711-0550 INSURER A Ohio Security Insurance Company INSURED VICTOCONC Victor Concrete, Inc. 6135 Barcelona Ave Riverside CA 92509 INSURER B Everest National Insurance Company INSURED VICTOCONC Victor Concrete, Inc. 6135 Barcelona Ave Riverside CA 92509 INSURER C INSURED VICTOCONC Victor Concrete, Inc. 6135 Barcelona Ave Riverside CA 92509 INSURER D INSURED VICTOCONC Victor Concrete, Inc. 6135 Barcelona Ave Riverside CA 92509 INSURER E INSURED VICTOCONC Victor Concrete, Inc. 6135 Barcelona Ave Riverside CA 92509 INSURER F COVERAGES CERTIFICATE NUMBER: 1833761407 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY BKS55894375 1/15/2015 1/15/2016 EACH OCCURRENCE $1,000,000 A CLAIMS-MADE X OCCUR BKS55894375 1/15/2015 1/15/2016 DAMAGE TO RENTED PREMISES (Ea oocurrence) $500,000 A BKS55894375 1/15/2015 1/15/2016 MED EXP (Any one person) $5,000 A BKS55894375 1/15/2015 1/15/2016 PERSONAL & ADV INJURY $1,000,000 A GEN'L AGGREGATE LIMIT APPLIES PER: BKS55894375 1/15/2015 1/15/2016 GENERAL AGGREGATE $2,000,000 A POLICY X jPgPf LOC BKS55894375 1/15/2015 1/15/2016 PRODUCTS - COMP/OP AGG $2,000,000 A OTHER: BKS55894375 1/15/2015 1/15/2016 $ AUTOMOBILE LIABILITY COMBINED SWSLE LIlullT (Ea accident) $ ANY AUTO BODILY INJURY (Per person) $ ALL OWNED AUTOS HIRED AUTOS SCHEDULED AUTOS NON-OWNED AUTOS BODILY INJURY (Per accident) $ ALL OWNED AUTOS HIRED AUTOS SCHEDULED AUTOS NON-OWNED AUTOS PROPERTY DAMAGE (Per accident) $ ALL OWNED AUTOS HIRED AUTOS SCHEDULED AUTOS NON-OWNED AUTOS $ A UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS-MADE USA 1555894375 1/15/2015 1/15/2016 EACH OCCURRENCE $2,000,000 A UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS-MADE USA 1555894375 1/15/2015 1/15/2016 AGGREGATE $2,000,000 A DED RETENTION $ USA 1555894375 1/15/2015 1/15/2016 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY y / N ANY PROPRIETOR/PARTNER/EXECUTIVE 1 1 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) ' ' If yes, describe under DESCRIPTION OF OPERATIONS below N/A 7600011923151 8/5/2015 8/5/2016 V PER OTH-^ STATUTE ER B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY y / N ANY PROPRIETOR/PARTNER/EXECUTIVE 1 1 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) ' ' If yes, describe under DESCRIPTION OF OPERATIONS below N/A 7600011923151 8/5/2015 8/5/2016 E.L. EACH ACCIDENT $1,000,000 B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY y / N ANY PROPRIETOR/PARTNER/EXECUTIVE 1 1 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) ' ' If yes, describe under DESCRIPTION OF OPERATIONS below N/A 7600011923151 8/5/2015 8/5/2016 E.L. DISEASE - EA EMPLOYEE $1,000,000 B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY y / N ANY PROPRIETOR/PARTNER/EXECUTIVE 1 1 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) ' ' If yes, describe under DESCRIPTION OF OPERATIONS below N/A 7600011923151 8/5/2015 8/5/2016 E.L. DISEASE - POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be atUched if more space is required) 30 Day Notice of Cancellation/10 Day for Non-Payment of Premium. "ALL OCIP/WRAP Projects are Excluded** RE: All Operations of the named insured - The City of Carlsbad, its officials, employees and volunteers are named as additional insureds as respects general liability for claims arising from the operations of the named insured as required per written contract or agreement. Coverage afforded the additional insured is primary and non-contributory as respects to general liability coverage. CERTIFICATE HOLDER CANCELLATION 30 Days notice/10 Days nonpay City of Carlsbad Attn: Kevin Davis, Public Works contract Administr 1635 Faraday Avenue, Carlsbad CA 92008-7314 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 ACORD 25 (2014/01) © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: BKS55894375 COMMERCIAL GENERAL LtABiLITY CG 25 03 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASEREAD IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Project(s): Description of Construction Project Blanket Additional Insured agreed written contract, agreement, permit Location of Construction Project Any projects) when You have agreed in a written contract, agreement or permit Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. For all sums which the insured becomes le- gally obligated to pay as damages caused by "occun-ences" under Section I - Coverage A, and for all medical expenses caused by ac- cidents under Section I - Coverage C, which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. A separate Designated Construction Project General Aggregate Limit applies to each designated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Construction Project General Aggregate Limit Is the most we will pay for the sum of all damages under Coverage A, except damages because of "bodily injury" or "property damage" In- cluded in the "products completed oper- ations hazard", and for medical expenses under Coverage C regardless of the num- ber of: a. insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Des- ignated Construction Project General Ag- gregate Limit for that designated con- struction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construc- tion Project General Aggregate Limit for any other designated construction project shown In the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense con- tinue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Desig- nated Construction Project General Ag- gregate Limit. CG 25 03 05 09 ® Insurance Services Office, Inc., 2008 Page 1 of 2 B. For all sums which the insured becomes le- gally obligated to pay as damages caused by "occun-ences" under Section I - Coverage A, and for all medical expenses caused by ac- cidents under Section I - Coverage C, which cannot be attributed only to ongoing oper- ations at a single designated construction project shown in the Schedule at>ove: 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Ag- gregate Limit or the Products-completed Operations Aggregate Limit, whichever Is applicable; and 2. Such payments shall not reduce any Des- ignated Construction Project General Ag- gregate Limit. When coverage for liability arising out of the "products- completed operations hazard" Is provided, any payments for damages be- cause of "IxxJily injury" or "property dam- age" Included in the "products-completed op- erations hazard" will reduce the Products-completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Constmction Project General Aggregate Limit if the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or if the au- thorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. The provisions of Section III - Limits Of Insur- ance not othenvise modified by this endorse- ment shall continue to apply as stipulated. CG 25 03 05 09 ® Insurance Services Office, Inc., 2008 Page 2 of 2 Policy #BKS5S894375 COMMERCIAL GENERAL LIABILITY CG 85 83 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASEREAD IT CAREFULLY. BLANKET ADDITIONAL INSURED CONTRACTORS - PRODUCTS/COMPLETED OPERATIONS This endorsennent modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGEPART A. Paragraph 2. under Section II - Who Is An Insured is amended to include as an Insured any person or organization whom ycu have agreed to add as an additional Insured in a written contract or written agreement. Such person or organization is an additional insured but only with respect to liability for "bodily injury" or "property damage": 1. Caused by "your work" performed for that additional insured that is the subject of the written contract or written agreement; and 2. Included In the "products-completed operations hazard". However: a) The Insurance afforded to such additional insured only applies to the extent permitted by law; and b) If coverage provided to the additional Insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured The Insurance provided by this endorsement applies oniy if the written contract or written agreement Is signed prior to the "bodily injury" or "property damage". We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit under Section IV - Commercial General Liability Conditions. B. With respect to the Insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I - Coverage A - Bodily Injury And Property Damage Liability: This Insurance does not apply to: 1. "Bodily Injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. 2. "Bodily injury" or "property damage" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying sen/Ices including: a. The preparing, approving or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawing and specifications; and b. Supervisory, inspection, architectural or engineering activities. ® 2013 Liberty Mutual Insurance CG 85 83 04 13 InclucJes copyrighted material of Insurance Services Office, Inc., with its permission . Page 1 of 2 C. With respect to the insurance afforded by this endorsement, exclusion I. Damage To Your Work of Paragraph 2. Exclusions under Section I - Coverage A - Bodily Injury And Property Damage Liability Is replaced by the following: I. Damage To Your Work "Property damage" to "your work" arising out of it or any part of It and included in the "products- completed operations hazard". D. With respect to the insurance afforded to these additional insureds, the following is added to Section II - Limits of Insurance: If coverage provided to the additionai insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of Insurance: 1. Required by contract or agreement; or 2. Available under the applicable Limits of Insurance shown In the Declaration, whichever is less. This endorsement shall not Increase the applicable Limits of Insurance shown in the Declaratio ns. E. With respect to the insurance afforded by this endorsement. Section IV - Commercial General Liability Conditions is amended as follows: 1. The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claims Or Suit: An additional Insured under this endorsement will as soon as practicable: a. Give written notice of an "occurrence" or an offense that may result in a claim or "suit" under this insurance to us; b. Tender the defense and Indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional Insured; and c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or indemnify an additional Insured under this endorsement until we receive written notice of a "suit" by the additional Insured. 2. Paragraph 4. of Section IV - Commercial General Liability Conditions isamended asfollows: a. The following Is added to Paragraph a. Primary Insurance: If an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. b. The foilowing Is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this Insurance Is excess over any other insurance for which the additional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional Insured, this Insur- ance Is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional Insured has been added as an additional Insured on other policies. ® 2013 Liberty Mutual Insurance CG 85 83 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission . Page 2 of 2 BIDDER'S STATEMENT RE DEBARMENT (To Accompany Proposal) 2015 CONCRETE REPLACEMENT CONTRACT NO. 6013-15 1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California? yes no 2) If yes, what was/were the name(s) of the agency(ies) and what was/were the period(s) of debarment(s)? Attach additional copies of this page to accommodate more than two debarments. period of debarment party debanred" "—— party debarred agency agency period of detiarment BY CONTRACTOR: (name of Contractor) By; (sign herS) (print namenitle) Page / of / pages of this Re Debarment form Revised 3/6/15 Contract No. 6013-15 Page 24 of HOPages i BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) 2015 CONCRETE REPLACEMENT CONTRACT NO. 6013-15 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 wtthin four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to stmctural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor may be refen'ed to the Registrar, Contractors' State License board, P.O. Box 26000, Sacramento, Caiifomla 95826. 1) Have you ever had your contractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? _x_ yes no 2) Has ttie suspension or revocation of your contractor's license ever been stayed? ^ yes no 3} Have any subcontractors tfiat you propose to perform any portion of the Work ever had tfieir contractor's license suspended or revoked by the Califomia Contractors' State license Boanj two or more times within an eight year perkid? 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 vnlation 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 Disck)sure of Discipline form Revised 3/6/15 Contract No. 6013-15 Page 25 of 110 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) 2015 CONCRETE REPLACEMENT CONTRACT NO. 6013-15 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. /A (If needed attach additional sheets to provide full disclosure.) BY CONTRACTOR: (name orContractor) By:_ (sign here) (print name/titie) Page 1- of 7- pages of this Disclosure of Discipline fom Revised 3/6/15 Contract No. SQ1M5 Page 26 of 110 Pages NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 2015 CONCRETE REPLACEMENT CONTRACT NO. 6013-15 The undersigned declares: I am Ihe fc<t$id^.-irJt^c^ ^yj^^ (mdvfjt, the party making the foregoing bid. The bid is not made in the Interest of, or on behalf of, any undisctosed person, partnership, company, associatton, organizatton, or corporation. The bid is genuine and not coilusive or sham. The bidder has not directly or indirectly irxluced or solicited any other bidder to put in a false or sham bid. The bkider has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communicatton, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bto price or any breakdown thereof, or the contents thereof, or divulged Information or data relative thereto, to any corporation, partnership, company, associatton, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder. I declare under penalty of perjury under the laws of the State of Califomia that the foregoing is true /^nd correct and th^Jhis deciaratton is executed on <^8'- ^(^ — 20 at /t/gieu^ [city], ^ [state]. Signature o< Bidder Revised 3/6/15 Contract No. 6013-15 Page 27 of 110 Pages ACKNOWLEDGMENT A notary public or other officer completing this certificate venfies only the identity ofthe individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document State of California County of /fT/y^ /^^/;^. 0-^^£^2^£r^_ before me, //j^Yih^ //I. /.^ y^^^. J >• (here insert nam'e and title oftfie le officer) l^zS^'suScribed Z th!''w ""'^^Y^^'^^ ^^'"""^^ *° P^^^°n(«) whose name(s) J^J^A >,1 ^ instrument and acknowledged to rrJ hat ^^e^v WITNESSmy hand and official seal (Seal) CONTRACT PUBUC WORKS This agreement is made this _ _ day of hiaK/e^vxh^W , 2015, by and between the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and Victor Concrete, Inc., a California corporation whose principal place of business is 6135 Barcelona Avenue, Riverside, CA 92509 (hereinafter called "Contractor"). City and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in the Contract documents for: 2015 CONCRETE REPLACEMENT CONTRACT NO. 6013-15 (hereinafter called "project") 2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents. 3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids, Contractor's Proposal, Bidder's Bond, Noncollusion Declaration, Designation of Subcontractors, Technical Ability and Experience, Bidder's Statement Re Debarment, Escrow Agreement, Release Form, the Plans and Specifications, the General Provisions, addendum(s) to said Plans and Specifications and General Provisions, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, and all bonds for the project; all of which are incorporated herein by this reference. Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as indicated, specified, and implied by the Contract Documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the Contractor's expense to fulfill the intent of said documents. In all instances through the life ofthe Contract, the City will be the interpreter of the intent of the Contract Documents, and the City's decision relative to said intent will be final and binding. Failure of the Contractor to apprise subcontractors and materials suppliers of this condition of the Contract will not relieve responsibility of compliance. 4. Payment. For all compensation for Contractor's performance of work under this Contract, City shall make payment to the Contractor per section 9-3 PAYMENT of the General Provisions section of this contract. The Engineer will close the estimate of work completed for progress payments on the last working day of each month. The City shall withhold retention as required by Public Contract Code Section 9203. 5. Independent Investigation. Contractor has made an independent investigation of the jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of 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 ¥ Revised 3/6/15 Contract No. 6013-15 Page 28 of 110 Pages 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 1, Class 11, 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, peri'ormance of any part of the work shall issue a change order under the procedures described in this contract. In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the contractor's cost of, or time required for, performance of any part of the work, contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. 7. Immigration Reform and Control Act. Contractor certifies it is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this Contract. 8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with California Labor Code, section 1773 and a copy of a schedule of said general prevailing wage rates is on file in the office of the City Engineer, and is incorporated by reference herein. Pursuant to California Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor shall post copies of all applicable prevailing wages on the job site. 9. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those relating to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. ¥ Revised 3/6/15 Contract No. 6013-15 Page 29 of 110 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 ofthe contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by the Contractor, whether intentional or othenwise, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. 10. Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. Said insurance shall meet the City's policy for insurance as stated in City Council Policy # 70. (A) Coverages And Limits Contractor shall maintain the types of coverages and minimum limits indicted herein: a. Commercial General Liability Insurance: $2,000,000 combined single limit per occurrence for bodily injury and property damage. If the policy has an aggregate limit, a separate aggregate in the amounts specified shall be established for the risks for which the City or its agents, officers or employees are additional insured. b. Business Automobile Liability Insurance: $2,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance ofthe contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. c. Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits as required by the Labor Code of the State of California and Employers' Liability limits of $1,000,000 per incident. Workers' compensation offered by the State Compensation Insurance Fund is acceptable to the City. (B) Additional Provisions: Contractor shall ensure that the policies of insurance required under this agreement with the exception of Workers' Compensation and Business Automobile Liability Insurance contain, or are endorsed to contain, the following provisions. a. The City, its officials, employees and volunteers are to be covered as additional insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations ofthe 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 ofthe 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 ofthe insurer's liability. Revised 3/6/15 Contract No. 6013-15 Page 30 of 110 Pages (C) Notice Of Cancellation. Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage or limits except after ten (10) days' prior written notice has been sent to the City by certified mail, return receipt requested. (D) Deductibles And Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured retention levels must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. (E) Waiver Of Subrogation. All policies of insurance required under this agreement shall contain a waiver of all rights of subrogation the insurer may have or may acquire against the City or any of its officials or employees. (F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Coverages for subcontractors shall be subject to all of the requirements stated herein. (G) Acceptability Of Insurers. Insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:V1I. Insurers must also be authorized to transact the business of insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a listing in the official publication of the Department of Insurance of the State of California and/or under the standards specified by City Council Policy # 70. (H) Verification Of Coverage. Contractor shall furnish the City with certificates of insurance and original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be in forms approved by the City and are to be received and approved by the City before the Contract is executed by the City. (I) Cost Of Insurance. The Cost of all insurance required under this agreement shall be included in the Contractor's bid. 11. Claims and Lawsuits. All claims by contractor 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 ofthe contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. (B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution. (C) Government Code. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the ¥ Revised 3/6/15 Contract No. 6013-15 Page 31 of 110 Pages false information or in reckless disregard of the truth or falsity of the information. (D) Penalty Recovery. If the City of Carisbad 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 Carisbad 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 Carisbad to disqualify the Contractor or subcontractor from participating in future contract bidding. (H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. I have read and understand all provisions of Section 11 above.Oi; yjv \^ init init 12. Maintenance of Records. Contractor shall maintain and make available at no cost to the City, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 1, Article 2, of the Labor Code. If the Contractor does not maintain the records at Contractor's principal place of business as specified above. Contractor shall so inform the City by certified letter accompanying the return of this Contract. Contractor shall notify the City by certified mail of any change of address of such records. 13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with section 1720 of the Labor Code are incorporated herein by reference. 14. Security. Securities in the form of cash, cashier's check, or certified check may be substituted for any monies withheld by the City to secure performance of this contract for any obligation established by this contract. Any other security that is mutually agreed to by the Contractor and the City may be substituted for monies withheld to ensure performance under this Contract. 15. Unfair Business Practices. In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the parties. 16. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and included herein, and if, through mistake or othenrt/ise, any such provision is not inserted, or is not correctly inserted, then upon application of either party, the Contract shall forthwith be physically amended to make such insertion or correction. 17. Additional Provisions. Any additional provisions of this agreement are set forth in the "General Provisions" or "Supplemental Provisions" attached hereto and made a part hereof. ¥ Revised 3/6/15 Contract No. 6013-15 Page 32 of 110 Pages NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED (CORPORATE SEAL) CONTRACTOR: By: (name of Contractor) (sign here) (print name and title) (Dnnt name and Bv: ^{kiLAK M.J^ (signriere) (signhere) (print name and title) CITY OF CARLSBAD ^municipal corporation of the State of CalilJorulia/ By: President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under the corporate seal empowering that officer to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER City Attorney By: /r^^^'^^^^^/^^/c^t^ Assistant City Attorney ^¥ Revised 3/6/15 Contract No. 6013-15 Page 33 of HOPages ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Dlego On IvJbs/. lU .a.t^l5 before me, Morgen Fry, Notary Public (insert name and title of the officer) personally appeared. who proved to me on the basis of satisfactory evidence to be the personOs^whose name(S^ is/af» subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/hep/their authorized capacity(4e»), and that by his/h©f/tl*eir signature(s^ on the instrument the person(^, or the entity upon behalf ofwhich the person(Ss) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. I MORGEN FRY Commitsion # 2091497 Notary Pulrilc • California z San Dlego County * My Comm. Expires Oec 24,2018 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Califi County of 'orr^ia . .) On \^0>^eAfnW 2.2Q\5' before me, '^^g^^^t Slovj^ HorhlS^ V^uttfiA^bliC (insert name and title of the officer) ^ personally appeared who proved to me on the basis of satisfactory evidence to be the persor\(8jrwhose namely is/are subscribed to the within instrument and acknowledged to me that he/sh^/ttifey executed the same in his/tvaf^thpff authorized capacity(ie^, and that by his/f)^r/th^r signature(9)'on the instrument the persoQ(^, or the entity upon behalf of which the person(95"acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature RENEE GLORIA MONTES > Commission # 1967637 t Notary Public - California i \jgm^^ Riverside County S My Comm. Expires Jan 27.20161 (Seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Call: County of ifarnia • .) personally appeared before me . fiba KHflnte \Mlm khlic (insert name and title of the offioer) lateen VAoaki , who proved to me on the basis of satisfactory evidence to be the person(s)%hose name(gfis/3r§ subscribed to the within instrument and acknowledged to me that h07she/>hey executed the same in bi§/her/tb^r authorized capacity(ip^, and that by tv<s/her/th^signature^*) on the instrument the person^gr), orthe entity upon behalf of which the person(9)r acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature FES y B37 t RENEE GLORIA MONTES Commission # 1967637 Notary Public - California Riverside County £ My Comm. Expires Jan 27, 20161 (Seal) PRElJllUM FOR CONTRACT TERM AND IS SUBJECT TO ADJUSTMENT BASED ON FINAL CONTFiACT PRICE Bond 1000934726 Premium Included in Performance Bond Issued in One Original Counterpart LABOR AND MATERIALS BOND S^.T'^i' °* °^ Carisbad, State of Califomia, by Resolutton No 2015-260 Si^'dtt^^^^^^^^ « ^ ^^'^-'^ ~n (hereSr 2015 CONCRETE REPLACEMENT CONTRACT NO. 6013-15 in the City of Carisbad, 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 Carisbac^^^S all of whtoh are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the temis thereof require the fummhing of a bond, providing that if Principal or any of their subcontractors shall fail to pav for any matenals provisions, provender or other supplies or teams used in, upon or about the ^frT^n^.V I ""nl^ ^^I!®" ^° ^ '*''"®' ^^^'^ 0^ thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. K JS^'^^J^A^^' r T^.''°1''H'"'•J'r': ' P^'"='P«'. (hereinafter designated as the Contractor' ), and American Contractors Indemnity company *" iv-«c,ou«5 rtion'^^':.^^!.!!??. ^"""^ *he City of Carisbad in the sum of THREE HUNDRED EIGHT THOUSAND NINE HUNDRED FIFTY FOUR Dollars ($308,954). said sum being an amount equalto ?PrlZ^If ^T''\!^- ^2'^^ P^y^b'^ ""d®-" the terms of the contract byVhe City of Cartsbad. and for which payment well and tmly to be made we bind ourselves, our heirs executors and administrators, successors, or assigns, jointly and severally, firmly by these presents.' THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontractors fail to pay for any matenals, provisions, provender, supplies, or teams used in, upon. for. or about the perfomiance of the wori< contracted to be done, or for any other work or labor thereon of any kind consistent with Califomia Civil Code section 9100. or for amounts due under the Unemployment nsurance Code vvith respect to the woric or labor perfomied under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from he vrages 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 attomey's fees, to be fixed by the court consistent with Califomia Civil Code section 9554. uy uie This bond shall inure to the benefit of any ofthe persons named in Califomia Civil Code section 9100 so as to give a nght of action to those persons or their assigns in any suit brought upon the bond. ' ftp S;r,K^i!1«^"i? ^^T! change, extension of time, alteration or addition to the temis of IH^SIM ; lv ?• """"^ ^^'i® performed hereunder or the specificattons accompanying the same shall affect Its obligabons on this bond, and it does hereby waive notice of any change, extension of time, alterations or additton to the terms of the contract or to the work or to the specifrcations Revised 3/6/15 Contraca No. 6013-15 Page 34 of HOPages In the event that Contractor is an Individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. executed by CONTRACTOR this P- '^ dayof A^oOf' >iUie(- ,20/£^ CONTRACTOR; Victor Concrete Inc. (name of Contractor) By: (sign here) \/icic\r ^anil(dP (print name here) PrcSfJev,./- title and^rg^ization of signatory) By:. (sign here) (print name here) (title and organization of signatory) Executed by SURETY this ^^^^ of October .day ..20. 15 SURETY: American Contractors Indemnity Company (name Of Surety) ' 625 The City Drive South #130, Orange, CA 92868 (address Of Surety) 800-316-5695 ^ (telephone number of Surety) (signature of AttofTiey-in-Fact) (signature Shaunna Rozelle Burchfiel (printed name of Attorney-in-Fact) (attach corporate resolution showing current power of attorney) (Proper noterial acknowiedgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and seeretery or assistant secretary must sign for corporattons. If oniy one officer signs, the corporation must attech a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer lo bind ttie corporation.) APPROVED AS TO FORM: CELIA A. BREWER City Attomey By: Assistant City Attorney Revised 3«/15 Contract No. 6013-15 Page 35 of HOPages ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Caljfprnia Countyof J<iM*iiilL -) On 2, ^^KC before me (insert name and title of the officer)^ (insert personally appeared who proved to me on the basis of satisfactory evidence to be theperson(sfwhose namej^is/^per' subscribed to the within instrument and acknowledged to me that {j€/she/they executed the same in W^her/thfeir authorized capacity(i^), and that by (jis/her/tbetr signature(8:fon the instrument the personfs, or the entity upon behalf of which the person^ acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature' RENEE GLORIA MONTES V Commission # 1967637 t Notary Public - California 1 Riverside County g My Comm. Expires Jan 27,20161 (Seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies oniy the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of _jSJ^£JCJii^ Or\ //-^r»-:^/<.. before me, j/J./i.^ yy^^A^ j J (here insert nanie and title ofthe officer) i//c:/^r f?rA^,.;//t^ personally appeared " " • • -- ' who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) £ is^ subscribed to the within instrument and acknowledged to me thnt liL/jliL.aiiL, executed the same in his/her^ir authorized capacity(ies), and that by his/hofrtheii- 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 hand and official seal. Signatur^f^vv^^Vf^ (Seal) MONNA'M. LO'WE '"^ Commission # 2000925 Notary Public - California 1 •''•T'-'""i[[r-m V Ml iZ. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE §1189 A notary public or other officer completing this certificate verifies only the Identity of the Individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange before me Thi Grinwald, Notary Public On October 29th, 2015 Date Here Insert Name and Title of the Officer personally appeared Shaunna Rozelle Burchfiel, Attorney-in-Fact Name(s) ofSigner(s) who proved to me on the basis of satisfactory evidence to be the pei^n^ whose name(^ (§^re subsaibed to the within instrument and acknowledggd to me that hel^Tphey executed the same in his%r/their authorized capacityfeS), and that by his^^heir signatureisforTthe instrument the personfe). or the entity upon behalf of whidh the personf^ actecTexecuted the instmment. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. COMM. #2067236 K Notary Public - California S Orange County My Comm. Ewf sMay 5..,20;°J WITNESS my hand and official seal. Signature. Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration ofthe document or fraudulent reattachment of this form to an unintended document Description of Attached Document Title or Type of Document: , Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: • Corporate Officer — Title(s): • Partner — • Limited • General • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: Signer's Name: • Corporate Officer — Title(s): • Partner — • Umited O General • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer ts Representing: ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 PREMIUM FOR CONTRACT TERM AND IS SUBJECT TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE Bond 1000934726 Premium: $6,111.00 Issued in One Original Counterpart FAITHFUL PERFORMANCEAAfARRANTY BOND WHEREAS, the City Council of the City of Carisbad, State of Califomia, by Resolution No 2015-260 StoalTa Cortra'ct foJ-^' ^^'"^^ ^° Concrete, Inc., (hereinafter designated as the 2015 CONCRETE REPLACEMENT CONTRACT NO. 6013-15 in the City of Carlsbad, in strict confonnity vwth the contract, the drawings and specifications and other Contract Documents now on file in the Office of the City Clertc of the City of Cartsbad, 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 fumishing of a bond for the faithful perfonnance and wan-anty of said Contract; NOW. THEREFORE, WE, VICTOR CONCRETE. INC.. as Principal, (hereinafter designated as the Contractor^), and Amencan Contractors Indemnity Company Suretv are held and firmly bound unto the City of Cartsbad, in the sum THREE HUNDRED EIGHT THOUSAND NINE HUNDRED FIFTY FOUR Dollars ($308,964), said sum being equal to one hundred percent (100%) of the estimated amount of the Contract, to be paid to City or its certain attomey its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs executors and administrators, successors or assigns, jointly and severally, finnly 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 perfonned at the time and in the manner therein specified, and in all respects according to their tru© intent and meaning, and shall indemnify and save hannless the City of Cartsbad, its ofRcers, 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 ofthe obligation secured hereby and in addition to the face amount specified therefore ther© shall be included costs and reasonable expenses and fees, including reasonable attorney's fees incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety stipulates and agrees that no change, extension of time, alteration or addition to the tenns of the Contract, or to the wori< to be performed there under orthe specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive nottce of any change extension of time, alterations or addition to the tenns of the contract or to the wotk or to the specifications Revised 3/6/15 Contract No. 6013-15 Page 36 of HOPages In the event that Contractor Is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this ^ day of A/T (Je i-n ^<gr . 2015 CONTRACTOR: Victor Concrete Inc. By: (name of Contractor) (sign here) ihr.hot ^rciTi/l/^ (print name here) (Title and Organization of Signatory) By (sign here; Tl (print name here) (Title andOrqai rganization of signatory) Executed by SURETY this 29th October SURETY: American Contractors Indemnity Company . day of .,2015 (name of Surety) 625 The City Drive South #130, Orange, CA 92868 (address of Surety) 600-316-5695 (telephone number of Surety) By: (signature of Attorney-in-Fact) Shaunna Rozelle Burchfiel (printed name of Attomey-in-Fact) (Attach corporate resolution showing current power of attomey.) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: CELIA A. BREWER City Attomey By: /i(^< •AssMstant City Attomey Mt:ft4^ Revised 3/6/15 Contract No. 6013-15 Page 37 of 110 Pages ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity ofthe individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document State of California Countyof /filMir'sf^. ) Of\ y/-^^^Tefore me, Z/^^yi //>•/^^ u^yy/^.^^ jZcJ^ic. J y ^_^(here insert nam^ie and title ofthe officer) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)^ is^ subscribed to the within instrument and acknowledged to me that-be/she^y ^ executed the same in his/bei^ir authorized capacity(ies), and that by his/herT^eir 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 Califomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signatun (Seal) MONNA M. LOWE Commission # 2000925 Notary Public-California ^ Riverside County MyComm. ExDirB;.i.n ^o yj ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of -KWf^y^CUL .) On\joOe«Y>iQer 2,aOVC before me, '^f^ Qlbvia ^A6n t€S.V)(?Viru fthViC (insert name and title of the officer) 0 (insert personally appeared who proved to me on the basis of satisfactory evidence to be the person(gfwhose name(^ is/ai^ subscribed to the within instrument and acknowledged to me that hi^/she/thtfy executed the same in hi^her/theff authorized capacity(ip^, and that by hj6/her/th«lr signature(?)ron the instrument the person(^), orthe entity upon behalf of which the person(sffacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signatu TES r 637 C (Seal) RENEE GLORIA MONTES Commission # 1967637 Notary Public - California 1 Riverside County 5 My Comm. Expires Jan 27, 20161 I I » e > 1 lil t 9 mmwK CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE §1189 A notary public or other officer completing this certificate verifies only the Identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange before me, Thi Grinwald, Notary Public On October 29th, 2015 Da^e Here Insert Name and Title of the Officer personally appeared Shaunna Rozelle Burchfiel, Attorney-in-Fact Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the per^r\(/^ whose name(^) (§^re subsaibed to the within Instrument and acknowledggd to me that he^^hey executed the same in his%r/their authorized capacityfi^), and that by his^^heir signaturefsfonthe instrument the personfe), or the entity upon behalf of whidh the person^ acteaTexecuted the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is tnje and correct. THlGRiMWAlD I COMM. #2067236 z Notary Public - California g Orange County -J Mji Comm. Expires May ji^lLI WfTNESS my hand and official seal. Signature. Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration ofthe document or fraudulent reattachment of this form to an unintended document Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Stgner(5) Signer's Name: • Corporate Officer — Title(s): __________ • Partner — • Limited • General • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: Signer's Name: • Corporate Officer — Title(s):; • Partner — • Limited • General • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: ©2014 National Notary /Association • www.NationalNotary.org • 1 -800-US NOTARY (1-800-876-6827) Item #5907 POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECULTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a Califomia corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a Maryland cor|»rationiantf U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make, constitute and appoint: Shaunna Rozelle Burchfiel, George Jay Burchfiel, Catherine Denise Huckabay, Karin Zeich Thorp or Robert B. Gates of Santa Ana, 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, recognizances, undertakings or other instniments or contracts of suretyship to include riders, amendments, and consents of surety, pirovidiag the bond penalty does not exceed _2_ *****Three Million***** Dollars ($ **$3,000,000.00** ). This Power ofAttomey shall expire without further action on December 20,2017. This Power ofAttomey is granted under and by authority of the following resolutions adopted by the Boards ofDirectors ofthe Companies: Be il 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 Attomey(s)-in-Fact to represent aad act for and on behalfofthe Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and on behalfofthe Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, inciuding any and all consents for the release of retained' percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attomey-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 authonzed officer and seal of the Company heretofore or hereafter affixed to any power of attomey or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall bc 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 1st day of December, 2014. AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY By: Daniel P. Aguilar, Vice President A notary public or other officer completing this certificate verifies only the identity ofthe individual who signed the document to which this certificate is attached, and not the tnithfiilness, accuracy, or validity Of that document. State of Califomia Cotmty of Los Angeles SS: On this 1st day of December, 2014, before me, Maria G. Rodriguez-Wong, a notary public, personally appeared Dan 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 withinJnstaimeiitaid,aclainwledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragrajdi is trae and correct. WITNESS my hand and official seal. Signature (Seal) MARIA 6. ROMIGUEz'vWNB I Commission # 2049771 ( Notary Public - California 1 Los Angiias County i «Y Comm. lEiiptis ^ 20. Ml 71 I, Michael Chalekson , 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 ofa Power ofAttomey, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards ofDirectors, set out in the Power ofAttomey 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, Califomia this of QrpMir ,20(<r day Corporate Seals BondNo./00Q2^i7^ % Agency No. 10113 ^MJlllllll,,,, ""iTOnliO* Michael Chalekson, Assistant Secretary •api Ru :!on o c •J o Q o a Pant latch 1 Wat O >. a Proc aa ra o o > 0) o o ^ o •o o t ro C y X o < < ro 01 ^ V) QJ o fiJ .^^ £ ; I o B g a. i 5 S-Q- P o t "£ 2 oi i X U < < UJ (/) . aa o a> o Q, ro ^ Q. c 5 .ro o 0) i_ o O •a o ^ • j_ CQ .9 o w O gal s S " o • ao. O <U 111 a ra „ c 2 ra , flj V. O t •D O ^ . 2 o r • X o < • o (U . o Z STATE OF CALIFORNIA DEPARTMENT OF INSUIIANCE SAN FRANCISCO Certificate of Authority THIS IS ro C™, Thm, p«« to the Insurance Code of the State of Califomia, American Contractors Indemnity Company" of lawsof Los Angeles, California California , organized utider the , subject to its Articles of Incorporation or oth. fundc^ntd organi^tiond docn^, u hereby authori^ „^ object to M provisior^ of this Cemficate. the foUouHng dosses of insurance.- Surety '^"-''^^^-rer.^ornu.yhereafterbedefi.^dinthelusr.ar^eLa^ofthe^^^^ Tms CKH^^C^ e^^u, ^^^^^^ ^^^^^^^ fuUcorapliance M.aninoti„ ^latio. of any. of the applicabU ani re,uiren^n. '^-'^^'^''^yofthelau^softheStateofCaliforniaashr.gassuchla^orre,^^^^ tn effect and applicable, and as such laws and or amended. are requirements now are, or may hereafter be changed IN WITNESS WHEREOF, effective as of the 23rd - — , I9_ii., I have hereunto set my hand and caused my official seal to he affixed */its_14th_._ f^y of- May _^ JQ 94 By OPTIONAL ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between the City ofCarlsbad 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 section 22300 of the Public Contract Code of the State of California, the Contractor has the option to deposit securities with the Escrow Agent as a substitute for retention earnings required to be withheld by the City pursuant to the Construction Contract entered into between the City and Contractor for 2015 CONCRETE REPLACEMENT CONTRACT NO. 6013-15 in the amount of dated (hereinafter refen-ed to as the "Contract"). Altematively, on written request of the Contractor, the City shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the City within 10 days of the deposit. The market value of the securities at the time of the substitution shall be a least equal to the cash amount then required to be withheld as retention under the terms of the contract between the City and Contractor. Securities shall be held in the name of the City and shall designate the Contractor as the beneficial owner. 2. The City shall make progress payments to the Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. 3. When the City makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until such time as the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions ofthis agreement and the rights and responsibilities ofthe 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 ofthe 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. 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account •f' Revised 3/6/15 Contract No. 6013-15 Page 38 of 110 Pages 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 ofthe 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 Faradav Avenue, Carlsbad. CA 92008 For Contractor: Title Name Signature Address _ For Escrow Agent: Title Name Signature Address Revised 3/6/15 Contract No. 6013-15 Page 39 of 110 Pages 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. 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 Villaae Drive. Carlsbad. CA 92008 For Contractor: Title Name Signature. Address For Escrow Agent: Title Name Signature Address ^¥ Revised 3/6/15 Contract No. 6013-15 Page 40 of 110 Pages GENERAL PROVISIONS FOR 2015 CONCRETE REPLACEMENT CONTRACT NO. 6013-15 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 othenwise 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 othenwise. 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 othenwise. 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 othenwise 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 perfonTi all operations, labor, tools and equipment, and further, including the furnishing and installing of materials that are indicated, specified or required to mean that the Contractor, at its expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools, equipment, and transportation. 1-2 Definitions. The following words, or groups of words, shall be exclusively defined by the definitions assigned to them herein. Revised 11 /24/10 Contract No. 6013-15 Page 41 of 110 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, perfomiance, 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 orthe Contract time issued after the effective date of the Contract. A Change Order may or may not also be signed by the Contractor. Code - The terms Government Code, Labor Code, etc., refer to codes of the State of California. Construction Manager- the Project Inspector's immediate supervisor and first level of appeal for informal dispute resolution. Contract - The written agreement between the Agency and the Contractor covering the Work. Contract Documents - Including but not limited to; the Contract, any Addendum (which pertain to the contract documents). Notice Inviting Bids, Instructions to Bidders; Bid (including documentation accompanying the Bid and any post-bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Contract, the Bonds, the General Provisions, permits from other agencies, the Technical Specifications, the Supplemental Provisions, the Plans, Standard Plans, Standard Specifications, Reference Specifications, and all Modifications issued after the execution of the Contract. Contractor - The individual, partnership, corporation, joint venture, or other legal entity having a Contract with the Agency to perfomri the Work. In the case of work being done under permit issued 0 Revised 11 /24/10 Contract No. 6013-15 Page 42 of 110 by the Agency, the permittee shall be constructed to be the Contractor. The term "prime contractor" shall mean Contractor. Contract Price - The total amount of money for which the Contract is awarded. Contract Unit Price - The amount stated in the Bid for a single unit of an item of work. County Sealer - The Sealer of Weights and Measures of the county in which the Contract is let. Days - Days shall mean consecutive calendar's days unless otherwise specified. Deputy City Engineer, Construction Management & Inspection - The Construction Manager's immediate supen/isor 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 amri, luminaire, etc. Engineer - The City Engineer of the City of Carlsbad or his/her approved representative. The Engineer is the third level of appeal for informal dispute resolution. Geotextile - Synthetic fiber used in civil engineering applications, serving the primary functions of separation and filtration. House Connection Sewer - A sewer, within a public street or right-of-way, proposed to connect any parcel, lot, or part of a lot with a mainline sewer. House Sewer - A sewer, wholly within private property, proposed to connect any building to a house connection sewer. Luminaire - The lamp housing including the optical and socket assemblies (and ballast if so specified). Luminaire Arm - The structural member, bracket, or mast arm, which, mounted on the standard, supports the luminaire. Minor Bid Item - A single contract item constituting less than 10 percent (10%) of the original Contract Price bid. Modification - Includes Change Orders and Supplemental Agreements. A Modification may only be used after the effective date of the Contract. 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 Revised 11 /24/10 Contract No. 6013-15 Page 43 of 110 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. 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. Revised 11 /24/10 Contract No. 6013-15 Page 44 of 110 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 - Supen/ision, 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, supen/ision by the Agency shall not mean active and direct superintendence of details of the Work. Supplemental Agreement - A written amendment of the Contract Documents signed by both parties. Supplemental Provisions - Additions and revisions to the Standard Specifications setting forth conditions and requirements peculiar to the work. Surety - Any individual, firm, or corporation, bound with and for the Contractor for the acceptable performance, execution, and completion of the Work, and for the satisfaction of all obligations incurred. Tonne - Also referred to as "metric ton". Represents a unit of measure in the International System of Units equal to 1,000 kilograms. Utility - Tracks, overhead or underground wires, pipeline, conduits, ducts, or structures, sewers, ^ or storm drains owned, operated, or maintained in or across a public right of way or private easement. Work - That which is proposed to be constructed or done under the Contract or permit, including the furnishing of all labor, materials, equipment, and services. 1-3 ABBREVIATIONS 1-3.1 General. The abbreviation herein, together with others in general use, are applicable to these Standard Specifications and to project Plans or other Contract Documents. All abbreviations and symbols used on Plans for structural steel construction shall confomn 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 Abbreviation Word or Words ABAN Abandon AMER STD American Standard ABAND Abandoned AWG American Wire Gage (nonferrous wire) ABS Acrylonitrile - butadiene - styrene BC Beginning of curve AC Asptiait Concrete BCR Beginning of curb return ACP Asbestos cement pipe BDRY Boundary ACWS Asphalt concrete wearing surface BF Bottom of footing ALT Alternate BLDG Building and Buildings \^ APTS Apartment and Apartments BM Bencti mark Revised 11 /24/10 Contract No. 6013-15 Page 45 of 110 BVC Beginning of vertical cun/e 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, Constaiction 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 retum EF Each face EG Edge of gutter EGL Energy grade line El Elevation ELC Electrolier lighting conduit ELT Extra long ton ENGR Engineer, Engineering EP Edge of pavement ESMT Easement ETB Emulsion-treated base EVC End of vertical curb EWA Encina Wastewater Authority EXC Excavation EXP JT Expansion joint EXST Existing F Fahrenheit F&C Frame and cover F&l Furnish and Install FAB Fabricate FAS Flashing arrow sign FD Floor drain FDN Foundation FED SPEC Federal Specification FG Finished grade FH Fire hydrant FL Flow line FS Finished surface FT-LB Foot-pound FTG Footing FW Face of wall G Gas GA Gauge GAL Gallon and Gallons GALV Galvanized GAR Garage and Garages GIP Galvanized iron pipe GL Ground line or grade line GM Gas meter GNV Ground Not Visible GP Guy pole GPM gallons per minute GR Grade GRTG Grating GSP Galvanized steel pipe 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 Revised 11/24/10 Contract No. 6013-15 Page 46 of 110 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 cun/e PE Polyethylene PI Point of intersection PL Property line PMB Processed miscellaneous base POC Point on curve POT Point on tangent PP Power pole PRC Point of reverse curve PRVC Point of reverse vertical curve PSI Pounds per square inch PT Point of tangency PVC Polyvinyl chloride PVMT Pavement PVT R/W Private right-of-way Q Rate of flow in cubic feet per second QUAD Quadrangle, Quadrant R Radius R&O Rock and oil R/W Right-of-way RA Recycling agent RAC Recycled asphalt concrete RAP Reclaimed asphalt pavement RBAC Rubberized asphalt concrete RC Reinforced concrete RCB Reinforced concrete box RCE Registered civil engineer RCP Reinforced concrete pipe RCV Remote control valve REF Reference REINF Reinforced or reinforcement RES Reservoir RGE Registered geotechnical engineer ROW Right-of-Way RR Railroad RSE Registered structural engineer RTE Registered traffic engineer S Sewer or Slope, as applicable SCCP Steel cylinder concrete pipe SD Storm drain SDNR San Dlego Northem Railway SDR Standard thermoplastic pipe dimension ratio (ratio of pipe O.D. to minimum wall thickness) SDRSD San Diego Regional Standard Drawings SE Sand Equivalent SEC Section SF Square foot SFM Sewer Force Main SI International System of Units (Metric) SPEC Specifications SPPWC Standard Plans for Public Works Construction SSPWC Standard Specifications for Public Works Construction ST HWY State highway STA Station STD Standard STR Straight STRGR Straight grade STRUC Structural/Structure SW Sidewalk SWD Sidewalk drain SY Square yard T Telephone TAN Tangent TC Topof 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 Topof 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 Vallecltos 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 Revised 11/24/10 Contract No. 6013-15 Page 47 of 110 1-3.3 Institutions. Abbreviation Word or Words /\ASHTO American Association of State Highway and Transportation Officials AISC American Institute of Steel Construction ANSI American National Standards Institute API American Petroleum Institute AREA American Railway Engineering Association ASTM American Society for Testing and Materials AWPA American Wood Preservers Association AWS American Welding Society AWWA American Water Works Association FHWA Federal Highway Administration GRI Geosynthetic Research Institute NEMA National Electrical Manufacturers Association NOAA National Oceanic and Atmospheric Administration (Dept. of Commerce) UL Underwriters' Laboratories Inc. USGS United States Geological Survey 1-4 UNITS OF MEASURE. 1-4.1 General. U.S. Standard Measures, also called U.S. Customary System, are the principal measurement system in these specifications. However, certain material specifications and test w 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.l. 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. Customarv Unit (EqualTo) SI Unit (AbbreviatTonsY (Abbreviations) 1 mil (=0.001 in) 25.4 micrometer {\xm) 1 inch (in) 25.4 millimeter (mm) 1 inch (in) 2.54 centimeter (cm) 1 foot (ft) 0.3048 meter (m) 1 yard (yd) 0.9144 meter (m) 1 mile (mi) 1 -6093 kilometer (km) 1 square foot (ft^) 0.0929 square meter (m^) 1 square yard (yd^) 0.8361 square meter (m^) 1 cubic foot (ft^) 0.0283 cubic meter (m^) 1 cubic vard (vd^) 0.7646 cubic meter (m^) lacre 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) ^ Revised 11 /24/10 Contract No. 6013-15 Page 48 of 110 1 Poise 0.1 pascal second (Pa s) 1 centistoke (cs) 1 square millimeters per w second (mm^/s) 1 pound force (Ibf) 4.4482 Newton (N) 1 pounds per square inch (psi) 6.8948 Kilopascal (kPa) 1 pound force per foot (Ibf/ft) 1.4594 Newton per meter (N/m) 1 foot-pound force (ft-lbf) 1.3558 Joules (J) 1 foot-pound force per second ([ft-lbf]/s) 1.3558 Watt (W) 1 part per million (ppm) 1 milligram/liter (mg/L) Temperature Units and Abbreviations Degree Fahrenheit (°F): Degree Celsius (°C): °F = (1.8 x °C) + 32 °C = (°F - 32)/1.8 SI Units (abbreviation) Commonlv Used in Both Svstems 1 Ampere (A) 1 Volt (V) 1 Canaeia (cd) 1 Lumen (Im) 1 second (s) Common Metric Prefixes kilo (k) 103 centi (c) 10-2 milli (m) lO-^ micro (jj.) 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 seconds ^ Number / per or (between words) ° Degree PL Property line CL Centeriine SL Survey line or station line 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, shali be subject to being used by the Agency for completion of the Work, should the Contractor be in default. Revised 11 /24/10 Contract No. 6013-15 Page 49 of 110 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 othenwise provided in the Code. As provided in Section 4107, no Contractor whose Bid is accepted shall substitute any person as Subcontractor in place of the Subcontractor listed in the original Bid, except for causes and by procedures established in Section 4107.5. This section provides procedures to correct a clerical error in the listing of a Subcontractor. Section 4110 provides that a Contractor violating any of the provisions of the Chapter violates the Contract and the Board may exercise the option either to cancel the Contract or assess the Contractor a penalty in an amount of not more than 10 percent of the subcontract involved, after a public hearing. Should the Contractor fail to adhere to the provisions requiring the Contractor to complete 50 percent of the contract price with its own organization, the Agency may at its sole discretion elect to cancel the contract or deduct an amount equal to 10 percent of the value of the work performed in excess of 50 percent of the contract price by other than the Contractor's own organization. The Board shall be the sole body for determination of a violation of these provisions. In any proceedings under this section, the prime contractor shall be entitled to a public hearing before the Board and shall be notified ten (10) days in advance of the time and location of said hearing. The determination of the City Council shall be final. 2-3.2 Additional Responsibility. The Contractor shall give personal attention to the fulfillment of the Contract and shall keep the Work under its control. The Contractor shall perform, with its own organization. Contract work amounting to at least 50 percent of the Contract Price except that any designated "Specialty Items" may be performed Revised 11 /24/10 Contract No. 6013-15 Page 50 of 110 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 perfonned 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 perfomnance/warranty bond and payment bond (labor and materials bond) for this contract. The faithful performance/warranty bond shall be in a sum not less than one hundred percent of the total amount payable by the terms of this contract. The Contractor shall provide bonds to secure payment of laborers and materials suppliers in a sum not less than one hundred percent of the total amount payable by the terms of this contract. Both bonds shall extend in full force and effect and be retained by the Agency during this project until they are released according to the provisions of this section. The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 days after recordation of the Notice of Completion and will remain in full force and effect for the one year warranty period and until all warranty repairs are completed to the satisfaction of the Engineer. The bonds to secure payment of laborers and materials suppliers shall be released six months plus 30 days after recordation of the Notice of Completion if all claims have been paid. 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 Revised 11 /24/10 Contract No. 6013-15 Page 51 of 110 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, Carisbad Engineering Standards (CES), Standard Specifications for Public Works Construction, (SSPWC), Part 2 & 3, and the latest supplements thereto, current edition at the time of bid opening as published by the "Greenbook" Committee of Public Works Standards, Inc., hereinafter designated "SSPWC", as amended. The standard drawings used for this project are the latest edition of the San Diego Area Regional Standard Drawings, hereinafter designated SDRSD, as issued by the San Diego County Department of Public Works, together with the most recent editions of the City of Carlsbad Engineering Standards and Carisbad Standard Drawings, as issued by the City of Carisbad 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. Revised 11 /24/10 Contract No. 6013-15 Page 52 of 110 2-5.2 Precedence of Contract Documents. If there is a conflict between Contract Documents, the document highest in precedence shall control. The precedence shall be the most recent edition of the following documents listed in order of highest to lowest precedence: 1) Permits from other agencies as may be required by law. 2) Change orders, whichever occurs last. 3) Contract addenda, whichever occurs last. 4) Contract 5) Carlsbad General Provisions, Technical Specifications, and Supplemental Provisions. 6) Plans. 7) Standards plans. a) City of Carlsbad Standard Drawings. b) Carlsbad Municipal Water District Standard Drawings. c) City of Carlsbad modifications to the San Diego Area Regional Standard Drawings. d) San Diego Area Regional Standard Drawings. e) Traffic Signal Design Guidelines and Standards. f) State of California Department of Transportation Standard Plans. g) State of California Department of Transportation Standard Specifications. h) California Manual on Uniform Traffic Control Devices (CA MUTCD). 8) Standard Specifications for Public Works Construction, as amended. 9) Reference Specifications. 10) Manufacturer's Installation Recommendations Detail drawings shall take precedence over general drawings. Change Orders, Supplemental Agreements and approved revisions to Plans and Specifications will take precedence over items 2) through 9) above. Detailed plans and plan views shall have precedence over general plans. 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 othenwise specified in the Special Provisions. Each submittal shall be accompanied by a letter of transmittal. Revised 11 /24/10 Contract No. 6013-15 Page 53 of 110 Each submittal shall be consecutively numbered. Resubmittals shall be labeled with the number of the original submittal followed by an ascending alphabetical designation (e.g. The label '4-C' would indicate the third instance that the fourth submittal had been given to the Engineer). Each sheet of each submittal shall be consecutively numbered. Each set of shop drawings and submittals shall be accompanied by a letter of transmittal on the Contractor's letterhead. The Letter of Transmittal shall contain the following: 1) Project title and Agency contract number. 2) Number of complete sets. 3) Contractor's certification statement. 4) Specification section number(s) pertaining to material submitted for review. 5) Submittal number (Submittal numbers shall be consecutive including subsequent submittals for the same materials.) 6) Description of the contents of the submittal. 7) Identification of deviations from the contract documents. When submitted for the Engineer's review, Shop Drawings shall bear the Contractor's certification that the Contractor has reviewed, checked, and approved the Shop Drawings and that they are in conformance with the requirements of the Contract Documents. The Contractor shall subscribe to and shall place the following certification on all submittals: "I hereby certify that the (equipment, material) shown and marked in this submittal is that proposed to be incorporated into this Project, is in compliance with the Contract Documents, can be installed in the allocated spaces, and is submitted for approval." Bv: ^/^^iJ^^s-^.^^ Title: F^e^;^ ^^MT Date: Company Name: /y-Z^?^^^ 'r^-7e-,<f-,<\ 'J^ / <^ o . JZ>t^<r 2-5.3.2 Working Drawings. Working drawings are drawings showing details not shown on the Plans which are required to be designed by the Contractor. Working drawings shall be of a size and scale to clearly show all necessary details. Six copies and one reproducible shall be submitted. If no revisions are required, three of the copies will be retumed to the Contractor. If revisions are required, the Engineer will return one copy along with the reproducible for resubmission. Upon acceptance, the Engineer will return two of the copies to the Contractor and retain the remaining copies and the reproducible. Revised 11 /24/10 Contract No. 6013-15 Page 54 of 110 Working drawings are required in the following sections: v.. TABLE 2-5.3.2 (A) Item Section Number Title Subject 1 7-10.4.1 Safety Orders Trench Shoring 2 207-2.5 Joints Reinforced Concrete Pipe 3 207-8.4 Joints Vitrified Clay Pipe 4 207-10.2.1 General Fabricated Steel Pipe 5 300-3.2 Cofferdams Structure Excavation & Backfill 6 303-1.6.1 General Falsework 7 303-1.7.1 General Placing Reinforcement 8 303-3.1 General Prestressed Concrete Construction 9 304-1.1.1 Shop Drawings Structural Steel 10 304-1.1.2 Falsework Plans Structural Steel 11 304-2.1 General Metal Hand Railings 12 306-2.1 General Jacking Operations 13 306-3.1 General Tunneling Operations 14 306-3.4 Tunnel Supports Tunneling Operations 15 306-6 Remodeling Existing Sewer Polyethylene Liner Installation Facilities 16 306-8 Microtunneling Microtunneling Operations 17 307-4.3 Controller Cabinet Wiring Diagrams Traffic Signal Construction Working drawings listed above as Items 5, 6, 8, 9, 10, 12, 13, 14 and 16 shall be prepared by a Civil or Structural Engineer registered by the State of California. 2-5.3.3 Shop Drawings. Shop drawings are drawings showing details of manufactured or assembled products proposed to be incorporated into the Work. Shop drawings required shall be as specified in the Special Provisions. 2-5.3.4 Supporting Information. Supporting infomiation 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 othenwise specified in the Special Provisions or directed by the Engineer. Supporting information for systems shall be bound together and include all manufactured items for the system. If resubmittal is not required, three copies will be returned to the Contractor. Supporting information shall consist of the following and is required unless otherwise specified in the Special Provisions: 1) List of Subcontractors per 2-3.2. 2) List of Materials per 4-1.4. 3) Certifications per 4-1.5. 4) Construction Schedule per 6-1. 5) Confined Space Entry Program per 7-10.4.4. 6) Concrete mix designs per 201-1.1. 7) Asphalt concrete m ix designs per 203-6.1. 8) Data, including, but not limited to, catalog sheets, manufacturer's brochures, technical bulletins, specifications, diagrams, product samples, and other information necessary to describe a system, product or item. This information is required for irrigation systems, street lighting systems, and traffic signals, and may also be required for any product, manufactured item, or system. Revised 11/24/10 Contract No. 6013-15 Page 55 of 110 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 ali work necessary to complete the Contract in a satisfactory manner. Unless othenwise provided, the Contractor shall fumish 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 detemnine 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 ,0^1^ provided by the Agency. Unless othenwise provided, the Contractor shall make arrangements, pay for, and assume all responsibility for acquiring, using, and disposing of additional work areas and facilities temporarily required. The Contractor shall indemnify and hold the Agency harmless from all claims for damages caused by such actions. 2-9 SURVEYING. 2-9.1 Permanent Survey Markers. The Contractor shall not cover or disturb pemnanent survey monuments or benchmarks without the consent of the Engineer. Where the Engineer concurs, in writing, with the Contractor that protecting an existing monument in place is impractical, the Contractor shall employ a licensed land surveyor or a registered civil engineer authorized to practice land surveying within the State of California, hereinafter Surveyor, to establish the location of the monument before it is disturbed. The Contractor shall have the monument replaced by the Surveyor no later than thirty (30) days after construction at the site of the replacement is completed. The Sun/eyor shall file corner record(s) as required by §§ 8772 and 8773, et seq. of the California Business and Professions Code. When a change is made in the finished elevation of the pavement of any roadway in which a permanent sun/ey monument is located, the Contractor shall adjust the monument frame and cover to the new grade within 7 days of paving unless the Engineer shall approve othenwise. Monument frames and covers shall be protected during street sealing or painting projects or be cleaned to the satisfaction of the Engineer. 2-9.2 Survey Service. The Contractor shall hire and pay for the sen/ices of a Surveyor, hereinafter Surveyor to perform all work necessary for establishing control, construction staking, -""^ records research and all other sun/eying work necessary to construct the work, provide sun/eying Revised 11 /24/10 Contract No. 6013-15 Page 56 of 110 services as required herein and provide surveying, drafting and other professional services required to satisfy the requirements of the Land Sun/eyors Act. Surveyor shall be resident on the site during all surveying operations and shall personally supervise and certify the surveying work. 2-9.2.1 Submittal of Surveying Data. All surveying data submittals shall conform to the requirements of Section 2-5.3.3, "Submittals", herein. The Contractor shall submit grade sheets to the Engineer before commencing work in the area affected by the grade sheets. The Contractor shall submit field notes for all surveying required herein to the Engineer within ten days of perfomning the sun/ey. All sun/eying field notes, grade sheets and sun/ey calculations shall be submitted in bound form on 215mm by 280 mm (8V2" by 11") paper. The field notes, calculations and supporting data shall be clear and complete. Supporting data shall include all maps, affidavits, plats, field notes from eariier sun/eys and all other evidence used by the Surveyor to determine the location of the monuments set. The field notes and calculations will be labeled with name of the Surveyor, the party chief, the field crewmembers and the author of the field notes or calculations. They shall be annotated with the date of obsen/ation or calculation, be numbered with consecutive page numbers and shall be readable without resort to any electronic aid, computer program or documentation for any computer program. The field notes shall be prepared in confonnance with the CALTRANS "Sun/eys Manual". The Contractor shall have a Record of Survey prepared by the Sun/eyor and file it in confonnance with §§ 8700 - 8805 of the State of California Business and Professions Code when the Surveyor performs any sun/eying that such map is required under §§ 8762 of the State of California Business and Professions Code and whenever the Surveyor shall establish, set or construct any permanent survey monument. SDRS drawing M-10 type monuments, bolts, spikes, leaded tacks and nails (when set in concrete), iron pipes, reinforcing steel and all monuments and marks that are at, or accessory to, property corners and street centeriines are permanent survey monuments. The Record of Survey shall show all monuments set, control monuments used, the basis of bearings and all other data needed to determine the procedure of survey and the degree of accuracy attained by the field sun/eying including the unadjusted ratio of closure. The unadjusted ratio of closure shall not exceed 1 part in 40,000. The record of survey shall show the location and justification of location of all permanent monuments set and their relation to the street right-of-way. Record(s) of Survey(s) shall be submitted for the Engineer's review and approval before submittal to the County Surveyor and before submittal to the County Recorder. 2-9.2.3 Payment for Survey. Payment for work performed to satisfy the requirements of Sections 2-9.1 through 2-9.2.2 shall be included in the actual bid items requiring the sun/ey work and no additional payment will be made. Extension of unit prices for extra work shall include full compensation for attendant survey work and no additional payment will be made. Payment for the replacement of disturbed monuments and the filing of records of survey and/or corner records, including filing fees, shall be incidental to the work necessitating the disturbance of said monuments and no additional payment will be made. 2-9.3 Private Engineers. Surveying by private engineers on the Work shall conform to the quality and practice required by the Engineer. 2-9.4 Line and Grade. All work shall conform to the lines, elevations, and grades shown on the Plans. Three consecutive points set on the same slope shall be used together so that any variation from a straight grade can be detected. Any such variation shall be reported to the Engineer. In the absence of such report, the Contractor shall be responsible for any error in the grade of the finished work. Revised 11 /24/10 Contract No. 6013-15 Page 57 of 110 Grades for underground conduits will be set at the surface of the ground. The Contractor shall transfer them to the bottom of the trench. 2-10 AUTHORITY OF BOARD AND ENGINEER. The Board has the final authority in all matters affecting the Work. Within the scope of the Contract, the Engineer has the authority to enforce compliance with the Plans and Specifications. The Contractor shall promptly comply with instructions from the Engineer or an authorized representative. The decision of the Engineer is final and binding on all questions relating to: quantities; acceptability of material, equipment, or work; execution, progress or sequence of work; and interpretation of the Plans, Specifications, or other drawings. This shall be precedent to any payment under the Contract, unless othenwise 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 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 othenwise authorized. Any work done without proper inspection will be subject to rejection. The Engineer and any authorized representatives shall at all times have access to the Work during its construction at shops and yards as well as the project site. The Contractor shall provide every reasonable facility for ascertaining that the materials and workmanship are in accordance with these specifications. Inspection of the Work shall not relieve the Contractor of the obligation to fulfill all conditions of the Contract. Revised 11 /24/10 Contract No. 6013-15 Page 58 of 110 SECTION 3 - CHANGES IN WORK 3-1 CHANGES REQUESTED BY THE CONTRACTOR. 3-1.1 General. Changes in the Plans and Specifications, requested in writing by the Contractor, which do not materially affect the Work and which are not detrimental to the Work or to the interests of the Agency, may be granted by the Engineer. Nothing herein shall be construed as granting a right to the Contractor to demand acceptance of such changes. 3-1.2 Payment for Changes Requested by the Contractor. If such changes are granted, they shall be made at a reduction in cost or no additional cost to the Agency. 3-2 CHANGES INITIATED BY THE AGENCY. 3-2.1 General. The Agency may change the Plans, Specifications, character of the work, or quantity of work provided the total arithmetic dollar value of all such changes, both additive and deductive, does not exceed 25 percent of the Contract Price. Should it become necessary to exceed this limitation, the change shall be by written Supplemental Agreement between the Contractor and Agency, unless both parties agree to proceed with the change by Change Order. Change Orders shall be in writing and state the dollar value of the change or established method of payment, any adjustment in contract time of completion, and when negotiated prices are involved, shall provide for the Contractor's signature indicating acceptance. 3-2.2 Payment. 3-2.2.1 Contract Unit Prices. If a change is ordered in an item of work covered by a Contract Unit Price, and such change does not involve substantial change in character of the work from that shown on the Plans or specified in the Specifications, then an adjustment in payment will be made. This adjustment will be based upon the increase or decrease in quantity and the Contract Unit Price. If the actual quantity of an item of work covered by a Contract Unit Price and constructed in conformance with the Plans and Specifications varies from the Bid quantity by 50 percent or less, payment will be made at the Contract Unit Price. If the actual quantity of said item of work varies from the Bid quantity by more than 50 percent, payment will be made per Section 3-2.2.2 or 3- 2.2.3 as appropriate. If a change is ordered in an item of work covered by a Contract Unit Price, and such change does involve a substantial change in the character of the work from that shown on the Plans or specified in the Specifications, an adjustment in payment will be made per Section 3-2.4. 3-2.2.2 Increases of More Than 50 Percent. Should the actual quantity of an item of work covered by a Contract Unit Price and constructed in conformance with the Plans and Specifications, exceed the Bid quantity by more than 50 percent, payment for the quantity in excess of 150 percent of the Bid quantity will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Section 3-3. The Extra Work per Section 3-3, basis of payment, shall not include fixed costs. Fixed costs shall be deemed to have been recovered by the Contractor through payment for 150 percent of the Bid quantity at the Contract Unit Price. Revised 11 /24/10 Contract No. 6013-15 Page 59 of 110 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 othenwise specified in Sections 3-2.2.2 and 3-2.2.3. 3.2.4.1 Schedule of Values. Prior to construction. Contractor shall provide a schedule of values for all lump sum bid items that shall be used for the purpose of progress payments. The prices shall be valid for the purpose of change orders to the project. 3.2.5 Eliminated Items. Should any Bid item be eliminated in its entirety, payment will be made to the Contractor for its actual costs incurred in connection with the eliminated item prior to notification in writing from the Engineer so stating its elimination. If material conforming to the Plans and Specifications is ordered by the Contractor for use in the eliminated item prior to the date of notification of elimination by the Engineer, and if the order for that material 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 retumed 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 Revised 11 /24/10 Contract No. 6013-15 Page 60 of 110 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 ail of their assigned work and only that applicable to extra work will be paid. Nondirect labor costs, including superintendence, shall be considered part of the markup of Section 3-3.2.3 (a). (b) Materials. The cost of materials reported shall be at invoice or lowest current price at which such materials are locally available and delivered to the job site in the quantities involved, plus sales tax, freight, and delivery. The Agency reserves the right to approve materials and sources of supply, or to supply materials to the Contractor if necessary for the progress of the Work. No markup shall be applied to any material provided by the Agency. (c) Tool and Equipment Rental. No payment will be made for the use of tools which have a replacement value of $200 or less. Regardless of ownership, the rates and right-of-way delay factors to be used in detemnining rental and delay costs shall be the edition of the, "Labor Surcharge and Equipment Rental Rates" published by CALTRANS, current at the time of the actual use of the tool or equipment. The right- of-way delay factors therein shall be used as multipliers of the rental rates for determining the value of costs for delay to the Contractor and subcontractors, if any. The labor surcharge rates published therein are not a part of this contract. The rental rates paid shall include the cost of fuel, oil, lubrication, supplies, small tools, necessary attachments, repairs and maintenance of any kind, depreciation, storage, insurance, and all incidentals. Necessary loading and transportation costs for equipment used on the extra work shall be included. If equipment is used intermittently and, when not in use, could be returned to its rental source at less expense to the Agency than holding it at the Work site, it shall be returned, unless the Contractor elects to keep it at the Work site, at no expense to the Agency. All equipment shall be acceptable to the Engineer, in good working condition, and suitable for the purpose for which it is to be used. Manufacturer's ratings and approved modifications shall be used to classify equipment and it shall be powered by a unit of at least the minimum rating recommended by the manufacturer. The reported rental time for equipment already at the Work site shall be the duration of its use on the extra work. This time begins when equipment is first put into actual operation on the extra work, plus the time required to move it from its previous site and back, or to a closer site. (d) Other Items. The Agency may authorize other items which may be required on the extra work, including labor, services, material, and equipment. These items must be different in their nature from those required for the Work, and be of a type not ordinarily available from the Contractor or Subcontractors. Revised 11 /24/10 Contract No. 6013-15 Page 61 of 110 Invoices covering all such items in detail shall be submitted with the request for payment. (e) Invoices. Vendors' invoices for material, equipment rental and other expenditures shall be submitted with the request for payment. If the request for payment is not substantiated by invoices or other documentation, the Agency may establish the cost of the item involved at the lowest price which was current at the time of the report. 3-3.2.3 Markup. (a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor 20 2) Materials 15 3) Equipment Rental 15 4) Other Items and Expenditures .. 15 To the sum of the costs and markups provided for in this section, 1 percent shall be added as compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in Section 3-3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. 3-3.3 Daily Reports by Contractor. When the price for the extra work cannot be agreed upon, the Contractor shall submit a daily report to the Engineer on forms approved by the Agency. Included are applicable delivery tickets, listing all labor, materials, and equipment involved for that day, and other sen/ices and expenditures when authorized. Payment for extra work will not be made until such time that the Contractor submits completed daily reports and all supporting documents to the Engineer. Failure to submit the daily report by the close of the next working day may waive any rights for that day. An attempt shall be made to reconcile the report daily, and it shall be signed by the Engineer and the Contractor. In the event of disagreement, pertinent notes shall be entered by each party to explain points which cannot be resolved immediately. Each party shall retain a signed copy of the report. Reports by Subcontractors or others shall be submitted through the Contractor. The report shall: 1. Show names of workers, classifications, and hours worked. 2. Describe and list quantities of materials used. 3. Show type of equipment, size, identification number, and hours of operation, including loading and transportation, if applicable. 4. Describe other services and expenditures in such detail as the Agency may require. 3-4 CHANGED CONDITIONS. The Contractor shall promptly notify the Engineer of the following Work site conditions (hereinafter called changed conditions), in writing, upon their discovery and before they are disturbed: 1. Subsurface or latent physical conditions differing materially from those represented in the Contract; Revised 11 /24/10 Contract No. 6013-15 Page 62 of 110 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 accordance with provisions of existing law. The Engineer will promptly investigate conditions which appear to be changed conditions. If the Engineer determines that conditions are changed conditions and they will materially affect performance time, the Contractor, upon submitting a written request, will be granted an extension of time subject to the provisions of 6-6. If the Engineer determines that the conditions do not justify an adjustment in compensation, the Contractor will be notified in writing. This notice will also advise the Contractor of its obligation to notify the Engineer in writing if the Contractor disagrees. The Contractor's failure to give notice of changed conditions promptly upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the Engineer, including failure or refusal to issue a change order, or for the happening of any event, thing, occurrence, or other cause, unless the Contractor shall have first given the Engineer due written notice of potential claim as hereinafter specified. Compliance with this section shall not be required as a prerequisite to notice provisions in Section 6-7.3 Contract Time Accounting, nor to any claim that is based on differences in measurement or errors of computation as to contract quantities. The written notice of potential claim for changed conditions shall be submitted by the Contractor to the Engineer upon their discoveiy 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, Govemment 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." Revised 11 /24/10 Contract No. 6013-15 Page 63 of 110 By:_ Date: y^trJc^-^^ Title: P^es^ D rA/ T Company Name: ^^^/^ r^^' <^ ^. 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 eariiest possible time in order that such matters be settled, if possible, or other appropriate action promptly taken. 3-5 DISPUTED WORK. The Contractor shall give the agency written notice of potential claim prior to commencing any disputed work. Failure to give said notice shall constitute a waiver of all claims in connection therewith. If the contractor and the agency are unable to reach agreement on disputed work, the Agency may direct the contractor to proceed with the work. Prior to proceeding with dispute resolution pursuant to Public Contract Code provisions specified hereinafter, the contractor shall attempt to resolve all disputes informally through the following dispute resolution chain of command: 1. Project Inspector 2. Construction Manager 3. Deputy City Engineer, Construction Management & Inspection 4. City Engineer 5. City Manager The Contractor shall submit a complete report within 20 working days after completion of the disputed work stating its position on the claim, the contractual basis for the claim, along with all documentation supporting the costs and all other evidentiary materials. At each level of claim or appeal of claim the City will, within 10 working days of receipt of said claim or appeal of claim, review the Contractor's report and respond with a position, request additional infomnation or request that the Contractor meet and present its report. When additional infonnation 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 iess 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: Revised 11 /24/10 Contract No. 6013-15 Page 64 of 110 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 othenwise expressly provided for or the claimant is not othenwise entitled to, or (C) an amount the payment of which is disputed by the local agency. (c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications for any work which may give rise to a claim under this article. (d) This article applies only to contracts entered into on or after January 1, 1991. 20104.2. For any claim subject to this article, the following requirements apply: (a) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. (b) (1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. (c) (1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to ail 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. Revised 11 /24/10 Contract No. 6013-15 Page 65 of 110 W (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 eariier 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 exiended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator. (b) (1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure) shall apply to any proceeding brought uncier 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 Revised 11/24/10 Contract No. 6013-15 Page 66 of 110 'V, 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 othenwise 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. 4-1.2 Protection of Work and Materials. The Contractor shall provide and maintain storage facilities and employ such measures as will presen/e 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. Revised 11 /24/10 Contract No. 6013-15 Page 67 of 110 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 othenwise 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 ali sizes are acceptable upon certification as to compliance with the Specifications, subject to sampling and testing bythe 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 fonward 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 bythe Agency. The Agency will provide all inspection and testing laboratory sen/ices within 50 miles of the geographical limits of the Agency. For private contracts, all costs of inspection at the source, including salaries and mileage costs, shall be paid by the permittee. 4-1.4 Test of Material. Before incorporation in the Work, the Contractor shall submit samples of materials, as the Engineer may require, at no cost to the Agency. The Contractor, at its expense, shall deliver the materials for testing to the place and at the time designated by the Engineer. Unless othenwise 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. '-miM^ Revised 11 /24/10 Contract No. 6013-15 Page 68 of 110 it will be stated in the Specifications. For private contracts, the testing expense shall be borne by the permittee. The Contractor shall notify the Engineer in writing, at least 15 days in advance, of its intention to use materials for which tests are specified, to allow sufficient time to perform the tests. The notice shall name the proposed supplier and source of material. If the notice of intent to use is sent before the materials are available for testing or inspection, or is sent so far in advance that the materials on hand at the time will not last but will be replaced by a new lot prior to use on the Work, it will be the Contractor's responsibility to renotify the Engineer when samples which are representative may be obtained. Except as specified in these Provisions, the Agency will bear the cost of testing of locally produced materials and/or on-site workmanship where the results of such tests meet or exceed the requirements indicated in the Standard Specifications, Technical Specification, and any Supplemental Provisions. The cost of all other tests shall be borne by the Contractor. At the option of the Engineer, the source of supply of each of the materials shall be approved by the Engineer before the delivery is started. All materials proposed for use may be inspected or tested at any time during their preparation and use. If, after incorporating such materials into the Work, it is found that sources of supply that have been approved do not furnish a uniform product, or if the product from any source proves unacceptable at any time, the Contractor shall furnish approved material from other approved sources. If any product proves unacceptable after improper storage, handling or for any other reason it shall be rejected, not incorporated into the work and shall be removed from the project site all at the Contractor's expense. Compaction tests may be made by the Engineer and all costs for tests that meet or exceed the requirements of the specifications shall be borne by the Agency. Said tests may be made at any place along the work as deemed necessary by the Engineer. The costs of any retests made necessary by noncompliance with the specifications shall be borne by the Contractor. 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 detennine whether the material offered is equivalent to that specified. Adequate time shall be allowed for the Engineer to make this determination. Whenever any particular material, process, or equipment is indicated by patent, proprietary or brand name, or by name of manufacturer, such wording is used for the purpose of facilitating its description and shall be deemed to be followed by the words or equal. A listing of materials is not intended to be comprehensive, or in order of preference. The Contractor may offer any material, process, or equipment considered to be equivalent to that indicated. The substantiation of offers shall be submitted as provided in the contract documents. The Contractor shall, at its expense, furnish data concerning items offered by it as equivalent to those specified. The Contractor shall have the material tested as required by the Engineer to determine that the quality, strength, physical, chemical, or other characteristics, including durability, finish, efficiency, dimensions, service, and suitability are such that the item will fulfill its intended function. V. Revised 11 /24/10 Contract No. 6013-15 Page 69 of 110 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 perfonnance, appearance, durability, compatibility with associated items, availability of repair parts and suitability of application the Contractor shall remove the substituted item and replace it with the originally specified item at no cost to the Agency 4-1.7 Weighing and Metering Equipment. All scales and metering equipment used for proportioning materials shall be inspected for accuracy and certified within the past 12 months by the State of California Bureau of Weights and Measures, by the County Director or Sealer of Weights and Measures, or by a scale mechanic registered with or licensed by the County. The accuracy of the work of a scale sen/ice agency, except as stated herein, shall meet the standards of the California Business and Professions Code and the California Code of 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 inten/als not to exceed 12 months and following repairs, modification, or relocation of the equipment. Calibration certificates shall be provided when requested by the Engineer. 4-1.9 Construction Materials Dispute Resolution (Soils, Rock Materiais, Concrete, Mortar and Related Materials, Masonry Materials, Bituminous Materials, Rock Products, and Modified Asphalts). In the interest of safety and public value, whenever credible evidence arises to contradict the test values of materials, the Agency and the Contractor will initiate an immediate and cooperative investigation. Test values of materials are results of the materials' tests, as defined by these Specifications or by the special provisions, required to accept the Work. Credible evidence is process observations or test values gathered using industry accepted practices. A contradiction exists whenever test values or process obsen/ations of the same or similar materials are diverse enough such that the work acceptance or performance becomes suspect. The investigation shall allow access to all test results, procedures, and facilities relevant to the disputed work and consider all available information and, when necessary, gather new and Revised 11 /24/10 Contract No. 6013-15 Page 70 of 110 additional information in an attempt to determine the validity, the cause, and if necessary, the remedy to the contradiction. If the cooperative investigation reaches any resolution mechanism acceptable to both the Agency and the Contractor, the contradiction shall be considered resolved and the cooperative investigation concluded. Whenever the cooperative investigation is unable to reach resolution, the investigation may then either conclude without resolution or continue by written notification of one party to the other requesting the implementation of a resolution process by committee. The continuance of the investigation shall be contingent upon recipient's agreement and acknowledged in writing within 3 calendar days after receiving a request. Without acknowledgement, the investigation shall conclude without resolution. The committee shall consist of three State of California Registered Civil Engineers. Within 7 calendar days after the written request notification, the Agency and the Contractor will each select one engineer. Within 14 calendar days of the written request notification, the two selected engineers will select a third engineer. The goal in selection of the third member is to complement the professional experience of the first two engineers. Should the two engineers fail to select the third engineer, the Agency and the Contractor shall each propose 2 engineers to be the third member within 21 calendar days after the written request notification. The first two engineers previously selected shall then select one of the four proposed engineers in a blind draw. The committee shall be a continuance of the cooperative investigation and will re-consider all available infonnation and if necessary gather new and additional information to determine the validity, the cause, and if necessary, the remedy to the contradiction. The committee will focus upon the performance adequacy of the material(s) using standard engineering principles and practices and to ensure public value, the committee may provide engineering recommendations as necessary. Unless othenwise agreed, the committee will have 30 calendar days from its formation to complete their review and submit their findings. The final resolution of the committee shall be by majority opinion, in writing, stamped and signed. Should the final resolution not be unanimous, the dissenter may attach a written, stamped, and signed minority opinion. Once started, the resolution process by committee shall continue to full conclusion unless: 1. Within 7 days of the formation of the committee, the Agency and the Contractor reach an acceptable resolution mechanism; or 2. Within 14 days of the formation of the committee, the initiating party withdraws its written notification and agrees to bear all investigative related costs thus far incurred; or 3. At any point by the mutual agreement of the Agency and the Contractor. Unless othenwise agreed, the Contractor shall bear and maintain a record for all the investigative costs until resolution. Should the investigation discover assignable causes for the contradiction, the assignable party, the Agency or the Contractor, shall bear all costs associated with the investigation. Should assignable causes for the contradiction extended to both parties, the investigation will assign costs cooperatively with each party or when necessary, equally. Should the investigation substantiate a contradiction without assignable cause, the investigation will assign costs cooperatively with each party or when necessary, equally. Should the investigation be unable to substantiate a contradiction, the initiator of the investigation shall bear all investigative costs. All claim notification requirements of the contract pertaining to the contradiction shall be suspended until the investigation is concluded. 4-2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE. The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm the quantity and quality received, prepare storage area(s), store, handle, protect, move, relocate, remove and dispose excess of all materials used to accomplish the Work. Materials shall be Revised 11 /24/10 Contract No. 6013-15 Page 71 of 110 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 Sen/ice 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 sen/ice function or disturb the support of any utility without authority from the owner or order from the Agency. All valves, switches, vaults, and meters shall be maintained readily accessible for emergency shutoff. Where protection is required to ensure support of utilities located as shown on the Plans or in accordance with Section 5-1, the Contractor shall, unless othenwise provided, furnish and place the necessary protection at its expense. Revised 11 /24/10 Contract No. 6013-15 Page 72 of 110 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 othenwise specified, the Contractor shall remove all interfering portions of utilities shown on the Plans or indicated in the Bid documents as "abandoned" or "to be abandoned in place". Before starting removal operations, the Contractor shall ascertain from the Agency whether the abandonment is complete, and the costs involved in the removal and disposal shall be included in the Bid for the items of work necessitating such removals. 5-4 RELOCATION. When feasible, the owners responsible for utilities within the area affected by the Work will complete their necessary installations, relocations, repairs, or replacements before commencement of work by the Contractor. When the Plans or Specifications indicate that a utility installation is to be relocated, altered, or constructed by others, the Agency will conduct all negotiations with the owners and work will be done at no cost to the Contractor, except for manhole frame and cover sets to be brought to grade. Utilities which are relocated in order to avoid interference shall be protected in their position and the cost of such protection shall be included in the Bid for the items of work necessitating such relocation. After award of the Contract, portions of utilities which are found to interfere with the Work will be relocated, altered or reconstructed by the owners, or the Engineer may order changes in the Work to avoid interference. Such changes will be paid for in accordance with Section 3-2. When the Plans or Specifications provide for the Contractor to alter, relocate, or reconstruct a utility, all costs for such work shall be included in the Bid for the items of work necessitating such work. Temporary or permanent relocation or alteration of utilities requested by the Contractor for its convenience shall be its responsibility and it shall make all arrangements and bear all costs. The utility owner will relocate service connections as necessary within the limits of the Work or within temporary construction or slope easements. When directed by the Engineer, the Contractor shall arrange for the relocation of service connections as necessary between the meter and Revised 11 /24/10 Contract No. 6013-15 Page 73 of 110 V 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 sen/ice 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 othenwise 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 sun/ey 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 additionai 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 othenwise directed by the Engineer. 5-5 DELAYS. The Contractor shall notify the Engineer of its construction schecule 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 perfonning work correctly shown on the Plans. The Agency will assume responsibility for the timely removal, relocation, or protection of existing main or trunkline utility facilities within the area affected by the Work if such utilities are not identified in the Contract Documents. The Contractor will not be assessed liquidated damages for any delay caused by failure of Agency to provide for the timely removal, relocation, or protection of such existing facilities. If the Contractor sustains loss due to delays attributable to interferences, relocations, or alterations not covered by Section 5-1, which could not have been avoided by the judicious handiing of forces, equipment, or plant, there shall be paid to the Contractor such amount as the Engineer may find to be fair and reasonable compensation for such part of the Contractor's actual loss as was unavoidable and the Contractor may be granted an extension of time. 5-6 COOPERATION. When necessary, the Contractor shall so conduct its operations as to permit access to the Work site and provide time for utility work to be accomplished during the progress of the Work. Revised 11 /24/10 Contract No. 6013-15 Page 74 of 110 SECTION 6 - PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Except as othenwise provided herein and unless othenwise prohibited by permits from other agencies as may be required by law the Contractor shall begin work within five (5) 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 Construction Schedule. After notification of award of the Contract and prior to start of any work, the Contractor shall submit its proposed construction schedule to the Engineer for approval. The construction schedule shall be in the form of a tabulation, chart, or graph and shall be in sufficient detail to show chronological relationship of all activities of the Work. These include, but are not limited to: estimated starting and completion dates of various activities, submission of submittals per 2-5.3, procurement of materials and scheduling of equipment. Then construction schedule shall incorporate the requirements of 5-5 and reflect completion of the Work within the specified Contract time and in conformance with the Contract Documents. If the Contractor desires to make a major change in the method of operations after commencing construction, or if the schedule fails to reflect the actual progress, the Contractor shall submit to the Engineer a revised construction schedule in advance of beginning revised operations. 6-1.2 Commencement of the Work. Unless othenwise specified in the Special Provisions, the Contract time shall commence upon the date of issuance of the Notice to Proceed. The Work shall start within five (5) days thereafter, and be diligently prosecuted to completion within the Contract time. 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 Construction Schedule within 15 working days of submittal. The Baseline Construction Schedule will be returned marked as per Sections 6-1.2.10.3 Revised 11 /24/10 Contract No. 6013-15 Page 75 of 110 6-1.3.6 Bar Chart. Each monthly update will include a bar chart showing individual tasks and their durations arranged with the tasks on the vertical axis and duration on the horizontal axis. The bar chart shall use differing texture patterns or distinctive line types to show the critical path. 6-1.4 Engineer's Review of Updated Construction Schedule. The Engineer will review and return the Updated Construction Schedule to the Contractor, with any comments, within 5 working days of submittal. The Updated Construction Schedule will be returned marked as per Sections 6-1.4.1 through 6-1.4.3. Any Updated Construction Schedule marked "Accepted with Comments" or "Not Accepted" by the Engineer will be returned to the Contractor for correction. Upon resubmittal the Engineer will review and return the resubmitted Updated Construction Schedule to the Contractor, with any comments, within 5 working days. Failure of the Contractor to submit a monthly updated construction schedule will invoke the same consequences as the Engineer returning a monthly updated construction schedule marked "Not Accepted". 6-1.4.1 "Accepted." The Contractor may proceed with the project work, and will receive payment for the schedule in accordance with Section 6-1.8.2. 6-1.4.2 "Accepted with Comments." The Contractor may proceed with the project work. The Contractor must resubmit the Updated Construction Schedule to the Engineer incorporating the corrections and changes noted in the Engineer's comments prior to receipt of payment per Section 6-1.8.2. 6-1.4.3 "Not Accepted." The Contractor must resubmit the Updated Construction Schedule to the Engineer incorporating the corrections and changes noted in the Engineer's comments prior to receipt of payment per Section 6-1.8.2. The Contractor, at the sole option of the Engineer, may be considered as having defaulted the contract under the provisions of Section 6-4 DEFAULT BY CONTRACTOR if the changes of the comments are not submitted and marked "Accepted" by the Engineer before the last day of the month in which the Updated Construction Schedule is due. If the Contractor fails to submit the corrected Updated Construction Schedule as required herein the Contractor may elect to proceed with the project at its own risk. Should the Contractor elect not to proceed with the project, any resulting delay, impact, or disruption to the project will be the Contractor's responsibility. 6-1.5 Late Completion or Milestone Dates. Should the Schedule Update indicate a completion or contractually required milestone date later than the properiy adjusted contract or milestone duration, the Agency may withhold Liquidated Damages for the number of days late. Should a subsequent "Accepted" Schedule Update remove all or a portion of the delay, all or the allocated portion of the previously held Liquidated Damages shall be released in the monthly payment to the Contractor immediately following the "Accepted" schedule. 6-1.6 Interim Revisions. Should the actual or projected progress of the work become substantially different from that depicted in the Project Schedule, independently of and prior to the next monthly update, the Contractor will submit a revised Baseline Construction Schedule, with a list and explanation of each change made to the schedule. The Revised Construction Schedule will be submitted per the submittal requirements of Section 2-5.3 and per the schedule review and acceptance requirements of Section 6-1, including but not limited to the acceptance and payment provisions. As used in this section "substantially differenf means a time variance greater than 5 percent of the number of days of duration for the project. W Revised 11 /24/10 Contract No. 6013-15 Page 76 of 110 6-1.7 Final Schedule Update. The Contractor shall prepare and submit a final schedule update when one hundred percent of the construction work is completed. The Contractor's Final Schedule Update must accurately represent the actual dates for all activities. The final schedule update shall be prepared and reviewed per Sections 6-1.3 Preparation of Schedule Updates and Revisions and 6-1.4 Engineer's Review of Updated Construction Schedule. Acceptance of the final schedule update is required for completion of the project and release of any and all funds retained per Section 9-3.2. 6-1.8 Measurement and Payment of Construction Schedule. The Contractor's preparation, revision and maintenance of the Construction Schedule are incidental to the work and no separate payment will be made therefore. 6-2 PROSECUTION OF WORK. To minimize public inconvenience and possible hazard and to restore street and other work areas to their original condition and state of usefulness as soon as practicable, the Contractor shall diligently prosecute the Work to completion. If the Engineer determines that the Contractor is failing to prosecute the Work to the proper extent, the Contractor shall, upon orders from the Engineer, immediately take steps to remedy the situation. All costs of prosecuting the Work as described herein shall be included in the Contractor's Bid. Should the Contractor fail to take the necessary steps to fully accomplish said purposes, after orders of the Engineer, the Engineer may suspend the work in whole or part, until the Contractor takes said steps. As soon as possible under the provisions of the Specifications, the Contractor shall backfill all excavations and restore to usefulness all improvements existing prior to the start of the Work. If Work is suspended through no fault of the Agency, all expenses and losses incurred by the Contractor during such suspensions shall be borne by the Contractor. If the Contractor fails to properly provide for public safety, traffic, and protection of the Work during periods of suspension, the Agency may elect to do so, and deduct the cost thereof from monies due the Contractor. Such actions will not relieve the Contractor from liability. 6-2.1 Order of Work. The work to be done shall consist of furnishing all labor, equipment and materials, and performing all operations necessary to complete the Project Work as shown on the Project Plans and as specified in the Specifications. 6-2.3 Project Meetings. The Engineer will establish the time and location of weekly 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 othenwise 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. Revised 11 /24/10 Contract No. 6013-15 Page 77 of 110 Discoveries which may be encountered may include, but not be limited to, dwelling sites, stone implements or other artifacts, animal bones, human bones, and fossils. The Contractor shall be entitled to an extension of time and compensation in accordance with the provisions of Section 6-6. 6-4 DEFAULT BY CONTRACTOR. If the Contractor fails to begin delivery of material and equipment, to commence the Work within the time specified, to maintain the rate of delivery of material, to execute the Work in the manner and at such locations as specified, or fails to maintain the Work schedule which will insure the Agency's interest, or, if the Contractor is not carrying out the intent of the Contract, the Agency may serve written notice upon the Contractor and the Surety on its Faithful Performance Bond demanding satisfactory compliance with the Contract. The Contract may be canceled by the Board without liability for damage, when in the Board's opinion the Contractor is not complying in good faith, has become insolvent, or has assigned or subcontracted any part of the Work without the Board's consent. In the event of such cancellation, the Contractor will be paid the actual amount due based on Contract Unit Prices or lump sums bid and the quantity of the Work completed at the time of cancellation, less damages caused to the Agency by acts of the Contractor. The Contractor, in having tendered a Bid, shall be deemed to have waived any and all claims for damages because of cancellation of Contract for any such reason. If the Agency declares the Contract canceled for any of the above reasons, written notice to that effect shall be sen/ed 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 perfonn the Work within 5 days after receiving notice of cancellation, or fails to continue to comply, the Agency may exclude the Surety from the premises. The Agency may then take possession of all material and equipment and complete the Work by Agency forces, by letting the unfinished Work to another Contractor, or by a combination of such methods. In any event, the cost of completing the Work shall be charged against the Contractor and its Surety and may be deducted from any money due or becoming due from the Agency. If the sums due under the Contract are insufficient for completion, the Contractor or Surety shall pay to the Agency within 5 days after the completion, all costs in excess of the sums due. The provisions of this section shall be in addition to all other rights and remedies available to the Agency under law. 6-5 TERMINATION OF CONTRACT. The Board may terminate the Contract at its own discretion or when conditions encountered during the Work make it impossible or impracticable to proceed, or when the Agency is prevented from proceeding with the Contract by act of God, by law, or by official action of a public authority. Revised 11 /24/10 Contract No. 6013-15 Page 78 of 110 v.,. 6-6 DELAYS AND EXTENSIONS OF TIME. 6-6.1 General. If delays are caused by unforeseen events beyond the control of the Contractor, such delays will entitle the Contractor to an extension of time as provided herein, but the Contractor will not be entitled to damages or additional payment due to such delays, except as provided in 6-6.3. Such unforeseen events may include: war, government regulations, labor disputes, strikes, fires, floods, adverse weather or elements necessitating cessation of work, inability to obtain materials, labor or equipment, required extra work, or other specific events as may be further described in the Specifications. No extension of time will be granted for a delay caused by the Contractor's inability to obtain materials unless the Contractor furnishes to the Engineer documentary proof, the proof must be provided in a timely manner in accordance with the sequence of the Contractor's operations and the approved construction schedule. If delays beyond the Contractor's control are caused by events other than those mentioned above, the Engineer may deem an extension of time to be in the best interests of the Agency. The Contractor will not be entitled to damages or additional payment due to such delays, except as provided in Section 6-6.3. If delays beyond the Contractor's control are caused solely by action or inaction by the Agency, such delays will entitle the Contractor to an extension of time as provided in Section 6-6.2. 6-6.2 Extensions of Time. Extensions of time, when granted, will be based upon the effect of delays to the Work. They will not be granted for noncontrolling delays to minor portions of the Work unless it can be shown that such delays did or will delay the progress of the Work. 6-6.3 Payment for Delays to Contractor. The Contractor will be compensated for damages incurred due to delays for which the Agency is responsible. Such actual costs will be determined by the Engineer. The Agency will not be liable for damages which the Contractor could have avoided by any reasonable means, such as judicious handling of forces, equipment, or plant. The determination of what damages the Contractor could have avoided will be made by the Engineer. 6-6.4 Written Notice and Report. The Contractor shall provide written notice to the Engineer within two hours of the beginning of any period that the Contractor has placed any workers or equipment on standby for any reason that the Contractor has determined to be caused by the Agency or by any organization that the Agency may otherwise be obligated by. The Contractor shall provide continuing daily written notice to the Engineer, each working day, throughout the duration of such period of delay. The initial and continuing written notices shall include the classification of each workman and supervisor and the make and model of each piece of equipment placed on standby, the cumulative duration of the standby, the Contractor's opinion of the cause of the delay and a cogent explanation of why the Contractor could not avoid the delay by reasonable means. Should the Contractor fail to provide the notice(s) required by this section the Contractor agrees that no delay has occurred and that it will not submit any claim(s) therefore. 6-7 TIME OF COMPLETION. 6-7.1 General. The Contractor shali 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 fiftv (50) working days after the starting date specified in the Notice to Proceed. Revised 11 /24/10 Contract No. 6013-15 Page 79 of 110 V 6-7.2 Working Day. A working day is any day within the period between the start of the Contract time as defined in Section 6-1 and the date provided for completion, or upon field acceptance by the Engineer for all work provided for in the Contract, whichever occurs first, other than: 1. Saturday, 2. Sunday, 3. any day designated as a holiday by the Agency, 4. any other day designated as a holiday in a Master Labor Agreement entered into by the Contractor or on behalf of the Contractor as an eligible member of a contractor association, 5. any day the Contractor is prevented from working at the beginning of the workday for cause as defined in Section 6-6.1, 6. any day the Contractor is prevented from working during the first 5 hours with at least 60 percent of the normal work force for cause as defined in Section 6-6.1. Unless othenwise approved in writing by the Engineer, the hours of work shall be between the hours of 8:00 a.m. and 4:00 p.m. on Mondays through Fridays, excluding Agency holidays. The Contractor shall obtain the written approval of the Engineer if the Contractor desires to work outside said hours or at any time during weekends and/or holidays. This written permission must be obtained at least 48 hours prior to such work The Engineer may approve work outside the hours and/or days stated herein when, in his/her sole opinion, such work conducted by the Contractor is beneficial to the best interests of the Agency. The Contractor shall pay the inspection costs of such work. The Contractor shall incorporate the dates, areas and types of work prohibited in this section in the Construction Schedule required by Section 6.1. No additional payment, adjustment of bid prices or adjustment of contract time of completion will be allowed as a consequence of the prohibition of work being performed within the dates, areas and/or types of work prohibited in this section. 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 fumished a periodic statement showing allowable number of wori<ing 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. Othenwise, 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. Revised 11 /24/10 Contract No. 6013-15 Page 80 of 110 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 perfonnance 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) 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) per day is the minimum value of costs and actual damages caused by the Contractor to complete the Work within the allotted time. Any progress payments made after the specified completion date shall not constitute a waiver of this paragraph or of any damages. 6-10 USE OF IMPROVEMENT DURING CONSTRUCTION. The Agency resen/es the right to take over and utilize all or part of any completed facility or appurtenance. The Contractor will be notified in writing in advance of such action. Such action by the Agency will relieve the Contractor of responsibility for injury or damage to said completed portions of the improvement resulting from use by public traffic or from the action of the elements or from any other cause, except Contractor operations or negligence. The Contractor will not be required to reclean such portions of the improvement before field acceptance, except for cleanup made necessary by its 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 sen/ice 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 fumish 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. Revised 11 /24/10 Contract No. 6013-15 Page 81 of 110 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 othenwise objectionable, or who fails or refuses to perform work properly and acceptably, shall be immediately removed from the Work by the Contractor and not be reemployed on the Work. 7-2.2 Laws. The Contractor, its agents, and employees shall be bound by and comply with applicable provisions of the Labor Code and Federal, State, and local laws related to labor. The Contractor shall strictly adhere to the provisions of the Labor Code regarding minimum wages; the 8-hour day and 40-hour week; overtime; Saturday, Sunday, and holiday work; and nondiscrimination because of race, color, national origin, sex, or religion. The Contractor shall forfeit to the Agency the penalties prescribed in the Labor Code for violations. In accordance with the Labor Code, the Board has on file and will publish a schedule of prevailing wage rates for the types of work to be done under the Contract. The Contractor shall not pay less than these rates. Each worker shall be paid subsistence and travel as required by the collective bargaining agreement on file with the State of California Department of Industrial Relations. The Contractor's attention is directed to Section 1776 of the Labor Code which imposes responsibility upon the Contractor for the maintenance, certification, and availability sor inspection of such records for all persons employed by the Contractor or Subcontractor in connection with the project. The Contractor shall agree through the Contract to comply with this Section and the remaining provisions of the Labor Code. 7-3 LIABILITY INSURANCE. Insurance shall be required as specified in section 10 of the Public Works Contract. The cost of this insurance shall be included in the Contractor's Bid. 7 4 WORKERS' COMPENSATION INSURANCE. Before execution of the Contract by the Board, the Contractor shall file with the Engineer the following signed certification: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." 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 iaw 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. ^^m^ Revised 11 /24/10 Contract No. 6013-15 Page 82 of 110 All insurance is to be placed with insurers that are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. Policies issued by the State Compensation Fund meet the requirement for workers' compensation insurance. 7-5 PERMITS. Except as specified herein the Contractor will obtain, at no cost to the Contractor all City of Carisbad encroachment, right-of-way, grading and building permits necessary to perform work for this contract on Agency property, streets, or other rights-of-way. Contractor shall not begin work 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 ail costs incurred for permits necessitated by its operations such as, but not limited to, those permits required for night work, overioad, blasting, and demolition. For private contracts, the Contractor shall obtain all permits incidental to the Work or made necessary by its operations, and pay all costs incurred by the permit requirements. The Contractor shall pay all business taxes or license fees that are required for the work. 7-5.2 Relations with the Railroad. 7-5.2.1 General. The Contractor shall cooperate with the North County Transit District (NCTD), the Burlington Northern and Santa Fe Railway (BNSF) and the National Railway Passenger Corporation (AMTRAK), herein after collectively referred to as Railroad. It is understood the Railroad shall have absolute authority and right to cause the Contractor's work on the Railroad Property to cease. 7-5.2.2 Right of Entry Permit. It shall be the responsibility of the Contractor to obtain a "Right of Entry" Permit from the North County Transit District Board, (The Board), prior to the commencement of any work. All fees and costs associated with obtaining and complying with the temns of this permit, including but not limited to engineering review, submittal review, railway flaggers and construction inspection, shall be the responsibility of the Contractor, and no other payment will be allowed, except as specified herein. All fees and costs associated with obtaining and complying with the terms of the Right of Entry permit shall be the responsibility of the Contractor. Contractor may be required to make a deposit to NCTD. The deposit to NCTD will be required prior to the issuance of the Right of Entry permit. Any portion of the deposit remaining after acceptance of the contract by the City will be returned to the Contractor. Payment to the Contractor for all costs associated with obtaining and complying with the Right of Entry permit shall be considered as included in various items of work and no additional compensation will be allowed therefore. The Contractor after receipt of the Right of Entry Permit approved by the Board shall furnish the Engineer with two copies of the executed Right of Entry permit. 7-5.2.3 Railroad Requirements The Contractor shall notify NCTD in writing at least ten (10) working days prior to commencement of work on Railroad Right of Way at: Revised 11/24/10 Contract No. 6013-15 Page 83 of 110 North County Transit District 810 Mission Avenue Oceanside, CA 92504 (760) 966-6504 (760) 754-9403 FAX The details of construction, including proposed method of setup to perform the work shall be submitted to the railroad for approval and shall not be undertaken without approval and shall not be undertaken until approval by the Railroad is given. All persons entering into the railroad right of way will be required to attend a preconstruction Railroad Safety Training course conducted by NCTD. No additional compensation to Contractor will be allowed for attendance at a Railroad Safety Training course. 7-5.2.4 Requirements for use of Railway Flaggers Railway Flaggers may be required on this Project. The presence of equipment, materials, or manpower will not be allowed within 25 feet of the centeriine of any track without the presence of Railway Flaggers. The Contractor shall be responsible for coordination with NCTD to schedule Railway Flaggers. Costs for Railway Flaggers shall be the responsibility of the Contractor. 7-6 THE CONTRACTOR'S REPRESENTATIVE. Before starting work, the Contractor shall designate in writing a representative who shall have complete authority to act for it. An alternative representative may be designated as well. The representative or alternate shall be present at the Work site whenever work is in progress or whenever actions of the elements necessitate its presence to take measures necessary to protect the Work, persons, or property. Any order or communication given to this representative shall be deemed delivered to the Contractor. A joint venture shall designate only one representative and alternate. In the absence of the Contractor or its representative, instructions or directions may be given by the Engineer to the superintendent or person in charge of the specific work to which the order applies. Such order shall be complied with promptly and referred to the Contractor or its representative. In order to communicate with the Agency, the Contractor's representative, superintendent, or person in charge of specific work shall be able to speak, read, and write the English language. 7-7 COOPERATION AND COLLATERAL WORK. The Contractor shall be responsible for ascertaining the nature and extent of any simultaneous, collateral, and essential work by others. The Agency, its workers and contractors and others, shall have the right to operate within or adjacent to the Work site during the performance of such work. The Agency, the Contractor, and each of such workers, contractors and others, shall coordinate their operations and cooperate to minimize interference. The Contractor shall include in its Bid all costs involved as a result of coordinating its work with others. The Contractor will not be entitled to additional compensation from the Agency for damages resulting from such simultaneous, collateral, and essential work. If necessary to avoid or minimize such damage or delay, the Contractor shall redeploy its work force to other parts of the Work. Should the Contractor be delayed by the Agency, and such delay could not have been reasonably foreseen or prevented by the Contractor, the Engineer will determine the extent of the delay, the effect on the project, and any extension of time. ^^M^ Revised 11 /24/10 Contract No. 6013-15 Page 84 of 110 7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility companies during the relocation or construction of their lines. The Contractor may be granted a time extension if, in the opinion of the Engineer, a delay is caused by the utility company. No additional compensation will be made to the Contractor for any such delay. 7-8 PROJECT SITE MAINTENANCE. 7-8.1 Cleanup and Dust Control. Throughout all phases of construction, including suspension of work, and until the final acceptance, the Contractor shall keep the site clean and free from rubbish and debris. The Contractor shall also abate dust nuisance by cleaning, sweeping and sprinkling with water, or other means as necessary. The use of water resulting in mud on public streets will not be permitted as a substitute for sweeping or other methods. When required by the Plans or Specifications, the Contractor shall furnish and operate a self- loading motor sweeper with spray nozzles at least once each working day for the purpose of keeping paved areas acceptably clean wherever construction, including restoration, is incomplete. Materials and equipment shall be removed from the site as soon as they are no longer necessary. Before the final inspection, the site shall be cleared of equipment, unused materials, and rubbish so as to present a satisfactory clean and neat appearance. All cleanup costs shall be included in the Contractor's Bid. Care shall be taken to prevent spillage on haul routes. Any such spillage shall be removed immediately and the area cleaned. Excess excavation material from catch basins or similar structures shall be removed from the site immediately. Sufficient material may remain for use as backfill if permitted by the Specifications. Forms and form lumber shall be removed from the site as soon as practicable after stripping. Failure of the Contractor to comply with the Engineer's cleanup orders may result in an order to suspend work until the condition is corrected. No additional compensation will be allowed as a result of such suspension. Cleanup and dust control required herein shall also be executed on weekends and other non-working days when needed to preserve the health safety or welfare of the public. The Contractor shall conduct effective cleanup and dust control throughout the duration of the Contract. The Engineer may require increased levels of cleanup and dust control that, in his/her sole discretion, are necessary to preserve the health, safety and welfare of the public. Cleanup and dust control shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. 7-8.2 Air Pollution Control. The Contractor shall not discharge smoke, dust, or any other air contaminants into the atmosphere in such quantity as will violate the regulations of any legally constituted authority. 7-8.3 Vermin Control. At the time of acceptance, structures entirely constructed under the Contract shall be free of rodents, insects, vermin, and pests. Necessary extermination work shall be arranged and paid for by the Contractor as part of the Work within the Contract time, and shall be performed by a licensed exterminator in accordance with requirements of governing authorities. The Contractor shall be liable for injury to persons or property and responsible for the elimination of offensive odors resulting from extermination operations. Revised 11 /24/10 Contract No. 6013-15 Page 85 of 110 7-8.4 Sanitation. The Contractor shall provide and maintain enclosed toilets for the use of employees engaged in the Work. These accommodations shall be maintained in a neat and sanitary condition. They shall also comply with all applicable laws, ordinances, and regulations pertaining to public health and sanitation of dwellings and camps. Wastewater shall not be interrupted. Should the Contractor disrupt existing sewer facilities, sewage shall be conveyed in closed conduits and disposed of in a sanitary sewer system. Sewage shall not be permitted to flow in trenches or be covered by backfill. 7-8.5 Temporary Light, Power, and Water. The Contractor shall furnish, install, maintain, and remove all temporary light, power, and water at its own expense. These include piping, wiring, lamps, and other equipment necessary for the Work. The Contractor shall not draw water from any fire hydrant (except to extinguish a fire), without obtaining permission from the water agency concerned. The Contractor shall obtain a construction meter for water used for the construction, plant establishment, maintenance, cleanup, testing and all other work requiring water related to this contract. The Contractor shall contact the appropriate water agency for requirements. The Contractor shall pay all costs of temporary light, power and water including hookup, service, meter and any, and all, other charges, deposits and/or fees therefore. Said costs shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. 7-8.6 Water Pollution Control. The Contractor shall exercise every reasonable precaution to protect channels, storm drains, and bodies of water from pollution. It shall conduct and schedule operations so as to minimize or avoid muddying and silting of said channels, drains, and waters. Water pollution control work shall consist of constructing those facilities which may be required to provide prevention, control, and abatement of water pollution. The Contractor shall comply with the California State Water Resources Control Board (SWRCB) Order Number 99-08-DWQ, National Pollutant Discharge Elimination System (NPDES) General Permit Number CAS000002, Waste Discharge Requirements (WDR's) for Discharges of Stormwater Runoff associated with Construction Activity (General Permit) and subsequent adopted modifications and with all requirements of the Stonn 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 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, Carisbad 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 3 Revised 11 /24/10 Contract No. 6013-15 Page 86 of 110 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 neariy 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 othenwise authorized, traffic shall be permitted to pass through the Work, or an approved detour shall be provided. Safe and adequate pedestrian and vehicular access shall be provided and maintained to: fire hydrants; commercial and industrial establishments; churches, schools and parking lots; service stations and motels; hospitals; police and fire stations; and establishments of similar nature. Access to these facilities shall be continuous and unobstructed unless othenwise approved by the Engineer. Safe and adequate pedestrian zones and public transportation stops, as well as pedestrian crossings of the Work at inten/als not exceeding 90 m (300 feet), shall be maintained unless othenwise approved by the Engineer. Vehicular access to residential driveways shall be maintained to the property line except when necessary construction precludes such access for reasonable periods of time. If backfill has been completed to the extent that safe access may be provided, and the street is opened to local traffic, the Contractor shall immediately clear the street and driveways and provide and maintain access. The Contractor shall cooperate with the various parties involved in the delivery of mail and the collection and removal of trash and garbage to maintain existing schedules for these services. Grading operations, roadway excavation and fill construction shall be conducted bythe Contractor in a manner to provide a reasonably satisfactory surface for traffic. When rough grading is completed, the roadbed surface shall be brought to a smooth, even condition satisfactory for traffic. Unless othenwise authorized, work shall be performed in only one-half the roadway at one time. One half shall be kept open and unobstructed until the opposite side is ready for use. If one-half a street only is being improved, the other half shall be conditioned and maintained as a detour. Revised 11 /24/10 Contract No. 6013-15 Page 87 of 110 The Contractor shall schedule the work so as to prevent damage by all traffic, including but not limited to mail delivery. The Contractor shall not schedule work so as to conflict with trash pickup. The trash hauling schedule can be obtained by calling the City's contracted waste disposal company Coast Waste Management at 929-9417. During overlay operations, the Contractors schedule for overlay application shall be designated to provide residents and business owners whose streets are to be overlaid sufficient paved parking within an 800 foot distance from their homes or businesses. 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 fuli street closure, all residences and/or businesses on the affected street or alley shall be notified. For partial street closures, or curb, sidewalk and driveway repairs, the residences and/or businesses directly affected by the work shall be notified. The notification shall be hand delivered and shall state the date and time the work will begin and its anticipated duration. The notification shall list two telephone numbers that may be called to obtain additional information. One number shall be the Contractor's pennanent office or field office and the other number shall be a 24-hour number answered by someone who is knowledgeable about the project. At least one of the phone numbers shall be in the (760) area code. An answering machine shall not be connected to either number. The notification shall also give a brief description of the work and simple instructions to the home or business owner on what they need to do to facilitate the construction. The Contractor shall submit the contents of the notification to the Engineer for approval. Notices shall not be distributed until approved by the Engineer. For residences, the notification shall be pre-cut in a manner that enables it to be affixed to a doorknob without adhesives. It shall be a minimum size of 3-1/2 inches by 8-1/2 inches and shall be brightly colored with contrasting printing. The material shall be equivalent in strength and durability to 65 Ib. card stock. The printing on the notice shall be no smaller than 12 point. In addition to the notifications, the contractor shall post no parking signs 72 hours in advance of the work being performed. The no parking signs shall state the date and time of parking restriction for a duration not to exceed the time necessary to complete the work at that location. Failure of the contractor to meet the posted date requires re-posting the no parking signs 72 hours in advance of the rescheduled work. If the wori< is delayed or rescheduled the no parking signs shall be removed and re-posted 72 hours in advance of the rescheduled work. The preparation, materials, printing and distribution of the notifications shall be included in the contract price bid for traffic control and the Contractor will not be entitled to any additional compensation for printing and distributing these notices. The contractor shall replace all street markings and striping damaged by construction activities. The Contractor shall include in its Bid all costs for the above requirements. 7-10.2 Storage of Equipment and Materials in Public Streets. Construction materials shall not be stored in streets, roads, or highways for more than 5 days after unloading. All materials or equipment not installed or used in construction within 5 days after unloading shall be stored elsewhere by the Contractor at its expense unless authorized additional storage time. Revised 11 /24/10 Contract No. 6013-15 Page 88 of 110 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 othenwise pennitted. After placing backfill, all excess material shall be removed immediately from the site. 7-10.3 Street Closures, Detours, Barricades. The Contractor shall comply with all applicable State, County, and City requirements for closure of streets. The Contractor shall provide barriers, guards, lights, signs, temporary bridges, flagpersons, and watchpersons. The Contractor shall be responsible for compliance with additional public safety requirements which may arise. The Contractor shall furnish and install signs and warning devices and promptly remove them upon completion of the Work. After obtaining the Engineers approval and at least 5 working days before closing, detouring, partially closing or reopening any street, alley or other public thoroughfare the Contractor shall notify the following: 1) Carlsbad Fire Department Dispatch (760)931-2197 2) Carlsbad Police Department Dispatch (760) 931-2197 3) Carlsbad Traffic Signals Maintenance (760) 602-2730 4) Carlsbad Traffic Signals Operations (760) 602-2730 5) North County Transit District (760)967-2828 6) Waste Management (760)929-9400 s.. The Contractor shall comply with their requirements. The Contractor shall obtain the Engineer's written approval prior to deviating from the requirements of 1) through, and including, 6) 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 concemed 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 Califomia Manual on Uniform Traffic Control Devices (FHWA MUTCD 2003 Revision 1, as amended for use in California) and these provisions. If any component in the traffic control system is damaged, displaced, or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair said component to its original condition or replace said component and shall restore the component to its original location. In the event that the Contractor fails to install and/or maintain barricades or such other traffic signs, markings, delineation or devices as may be required herein, the Engineer may, at his/her sole option, install the traffic signs, markings, delineation or devices and charge the Contractor twenty dollars ($25.00) per day per traffic sign or device, or the actual cost of providing such traffic control facility, whichever is the greater. 7-10.3.1 Construction Area Signs and Control Devices. All construction traffic signs and V control devices shall be maintained throughout the duration of work in good order and according Revised 11 /24/10 Contract No. 6013-15 Page 89 of 110 to the approved traffic control plan. All construction area signs shall conform to the provisions of Section 206-7.2 et seq. All temporary reflective pavement markers shall conform to the provisions of Section 214-5.1 .et seq. All temporary reflective channelizers shall confonn 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 siaeves 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 024 (Shoulder Work Ahead) sign shall be mounted, as required herein, on a signpost or telescoping flag tree with flags. The signpost or flag tree shall be placed where directed by the Engineer. 7-10.3.2 Maintaining Traffic. The Contractor's personnel shall maintain a safe buffer distance from any traffic lane occupied by traffic. The Contractor's equipment shall maintain a safe distance from any traffic or pedestrians. During the entire project, a minimum of 1 paved traffic lane, not less than 12' wide, shall be open for use by public traffic in each direction of travel. If this is not possible, the Contractor shall submit a traffic control plan to the Engineer for review and approval prior to implementation. 7-10.3.3 Traffic Control System for Lane Closure. A traffic control system consists of closing traffic lanes or pedestrian walkways in accordance with the details shown on the plans, California Manual on Unifonn Traffic Control Devices (FHWA MUTCD 2003 Revision 1, as amended for use in California) and provisions under "Maintaining Traffic" elsewhere in these Provisions. The provisions in this section will not relieve the Contractor from its responsibility to provide such additional devices or take such measures as may be necessary to maintain public safety. When lanes are closed for only the duration of work periods, all components of the traffic control system, except portable delineators placed along open trenches or excavation adjacent to the traveled way, shall be removed from the traveled way and shoulder at the end work period. If the Revised 11 /24/10 Contract No. 6013-15 Page 90 of 110 V... Contractor so elects, said components may be stored at selected central locations, approved by the Engineer, within the limits of the right-of-way. 7-10.3.4 Traffic Control for Permanent and Temporary Traffic Striping. During traffic stripe operations, traffic shall be controlled with lane closures, as provided for under "Traffic Control System for Lane Closure" of these Supplemental Provisions or by use of an alternative traffic control plan proposed by the Contractor and approved by the Engineer. The Contractor shall not start traffic striping operations using an alternative plan until the Contractor has submitted its plan to the Engineer and has received the Engineer's written approval of said plan. 7-10.3.5 Temporary Pavement Delineation. Temporary pavement delineation shall be furnished, placed, maintained and removed in accordance with the minimum standards specified in the California Manual on Uniform Traffic Control Devices (FHWA MUTCD 2003 Revision 1, as amended for use in California) published by CALTRANS. Whenever the work causes obliteration of pavement delineation, temporary or permanent pavement delineation shall be in place prior to opening the traveled way to public traffic. Lane line or centeriine pavement delineation shall be provided at all times for traveled ways open to public traffic. All work necessary, including any required lines or marks, to establish the alignment of temporary pavement delineation shall be performed by the Contractor. When temporary pavement delineation is removed, all lines and marks used to establish the alignment of the temporary pavement delineation shall be removed by grinding. Surfaces to receive temporary pavement delineation shall be dry and free of Jirt and loose material. Temporary pavement delineation shall not be applied over existing pavement delineation or other temporary pavement delineation. Temporary pavement delineation shall be maintained until superseded or replaced with permanent pavement delineation. Temporary pavement delineation shall be removed when, as detennined by the Engineer, the temporary pavement delineation conflicts with the permanent pavement delineation or with a new traffic pattern for the area and is no longer required for the direction of public traffic. When temporary pavement delineation is required to be removed, all lines and marks used to establish the alignment of the temporary pavement delineation shall be removed. 7-10.3.6 Preparation of New, or Modifications and Additions to Existing, Traffic Control Plan Sheets, the Contractor shall have new traffic control plans (TCP) prepared and submitted as a part of the Work for any and all construction activities that are located within the traveled way. The Contractor shall have TCP prepared and submitted as a part of the Work for any construction activities that are a part of this project that are not included in the project plans. The Contractor must submit the TCP for the Engineer's review in conformance with the requirements of Section 2-5.3, et seq. and obtain the Engineer's approval of the TCP prior to implementing them. The minimum 20-day review period specified in Section 2-5.3.1 for shop drawings and submittals shall pertain to each submittal of TCP, new, modified or added to, for the Engineer's review. New or revised TCP submittals shall include all TCP needed for the entire duration of the Work. Each phase of the TCP shall be shown in sufficient scale and detail to show the lane widths, transition lengths, curve radii, stationing of features affecting the traffic control plan and the methodology proposed to transition to the subsequent TCP phase. When the vertical alignment of the traveled surface differs from the finished pavement elevation vertical curves must also be shown. Such modifications, supplements and/or new design of TCP shall meet the requirements of the Engineer and the California Manual on Uniform Traffic Control Devices (FHWA MUTCD 2003 Revision 1, as amended for use in California) as published by CALTRANS. Such modification, addition, supplement, and/or new design of TCP shall be prepared by a Revised 11 /24/10 Contract No. 6013-15 Page 91 of 110 W registered professional engineer appropriately registered in the State of California. The Engineer shall be the sole judge of the suitability and quality of any such modifications, supplements, and/or new designs to TCP. The Engineer may approve any such modifications, supplements, and/or new designs to the TCP when, in the Engineer's sole opinion, such modifications, supplements, and/or new designs to the TCP prepared by the registered professional engineer retained by the Contractor will be beneficial to the best interests of the Agency. Such modification, addition, supplement, and/or new design shall not be implemented and no work shall be commenced that is contingent on such approval until the changed TCP are approved by the Engineer. The preparation of such modification, addition, supplement, and/or new designs of TCP shall not presuppose their approval or obligate the Agency in any fashion. Submittal and review requirements for such modifications, supplements, and/or new designs to TCP shall conform to the requirements of Section 2-5.3 Shop Drawings and Submittals. 7-10.3.7 Payment The Contractor shall provide traffic control at the contract lump sum price bid. The contract lump sum price paid for "traffic control" shall include full compensation for furnishing all labor (including flagging costs), materials (including signs), tools, equipment and incidentals, and for doing all the work involved in preparation, reproduction and changing of traffic control plans, placing, applying traffic stripes and pavement markers with bituminous adhesive, removing, storing, maintaining, moving to new locations, replacing, and disposing of the components of the traffic control system as shown on the plans and approved additions and modifications, as specified in these supplemental provisions, and as directed by the Engineer. All expenses and time to prepare and review modifications, additions, supplements and/or new TCP designs shall be included in the lump sum bid for traffic control and no additional payment will be made therefore. Flagging costs will be paid for as a part of the Lump Sum Amount for "Traffic Control." The cost of labor and material for portable concrete barriers will be paid for at the unit price bid. When there is no bid item the cost of labor and material for portable concrete barriers they will be paid as an incidental to the work being performed and no additional payment will be made therefore. Progress payments for "Traffic Control" will be based on the percentage of the improvement work completed. The Contractor shall prepare and implement traffic control plans and shall furnish all labor and materials to perfonn, install, maintain, replace and remove all traffic control 7-10.4 Safety. 7-10.4.1 Safety Orders. The Contractor shall have at the Work site, copies or suitable extracts of: Construction Safety Orders, Tunnel Safety Orders and General Industry Safety Orders issued by the State Division of Industrial Safety. The Contractor shall comply with provisions of these and all other applicable laws, ordinances, and regulations. Before excavating any trench 5 feet or more in depth, the Contractor shall submit a detailed plan to the Agency showing the design of shoring, bracing, sloping, or other provisions to be made for the workers' protection from the hazard of caving ground during the excavation of such trench. If the plan varies from the shoring system standards, the plan shall be prepared by a registered Civil Engineer. No excavation shall start until the Engineer has accepted the plan and the Contractor has obtained a permit from the State Division of Industrial Safety. A copy of the permit shall be submitted to the Engineer. Revised 11 /24/10 Contract No. 6013-15 Page 92 of 110 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 othenwise 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. 7-10.4.4 Confined Spaces. (a) Confined Space Entry Program. The Contractor shall be responsible for implementing, administering and maintaining a confined space entry program (CSEP) in accordance with Sections 5156, 5157 and 5158, Title 8, CCR. Prior to starting the Work, the Contractor shall prepare and submit its comprehensive CSEP to the Engineer. The CSEP shall address all potential physical and environmental hazards and contain procedures for safe entry into confined spaces, including, but not limited to the following: 1. Training of personnel 2. Purging and cleaning the space of materials and residue 3. Potential isolation and control of energy and material inflow 4. Controlled access to the space 5. Atmospheric testing of the space 6. Ventilation of the space 7. Special hazards consideration 8. Personal protective equipment 9. Rescue plan provisions The Contractor's submittal shall include the names of its personnel, including subcontractor personnel, assigned to the project who will have CSEP responsibilities, their CSEP training, and their specific assignment and responsibility in carrying out the CSEP. (b) Permit-Required Confined Spaces. Entry into permit-required confined spaces as defined in Section 5157, Title 8, CCR may be required as a part of the Work. All manholes, tanks, vaults, pipelines, excavations, or other enclosed or partially enclosed spaces shall be considered permit- required confined spaces until the pre-entry procedures demonstrate othenwise. The Contractor shall implement a permit space program prior to performing any work in a pennit-required Revised 11 /24/10 Contract No. 6013-15 Page 93 of 110 confined space. A copy of the permit shall be available at all times for review by Contractor and Agency personnel at the Work site. (c) Payment. Payment for implementing, administering, and providing all equipment and personnel to perform the CSEP shall be included in the bid items for which the CSEP is required. 7-10.4.5 Safety and Protection of Workers and Public. The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the work is being performed. The Contractor shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and public, and shall use danger signs warning against hazards created by such features of construction as protruding nails, hoists, well holes, and falling materials. 7-11 PATENT FEES OR 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 hannless 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. ,i0im^ 7-13 LAWS TO BE OBSERVED. The Contractor shall keep fully informed of State and National laws and County and Municipal ordinances and regulations which in any manner affect those employed in the Work or the materials used in the Work or in any way affect the conduct of the Work. The Contractor shall at all times observe and comply with such laws, ordinances, and regulations. Municipal ordinances that affect this work include Chapter 11.06. Excavation and Grading. If this notice specifies locations or possible materials, such as borrow pits or gravel beds, for use in the proposed construction project which would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the conditions established pursuant to Section 1601 et seq. of the Fish and Game Code shall become conditions of the contract. 7-14 ANTITRUST CLAIMS. Section 7103.5 of the Public Contract Code provides: "In entering into a public works contract or a subcontract to supply goods, sen/ices, 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, sen/ices, or materials pursuant to the public works contract or subcontract. The assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment of the parties." Revised 11 /24/10 Contract No. 6013-15 Page 94 of 110 SECTION 8 - FACILITIES FOR AGENCY PERSONNEL 8-1 GENERAL. A facility 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 othenwise specified, quantities of work shall be detennined from measurements or dimensions in horizontal planes. However, linear quantities of pipe, piling, fencing and timber shall be considered as being the true length measured along longitudinal axis. Unless othenwise provided in Specifications, volumetric quantities shall be the product of the mean area of vertical or horizontal sections and the intervening horizontal or vertical dimension. The planimeter shall be considered an instrument of precision adapted to measurement of all areas. 9-1.2 Methods of Measurement. Materials and items of work which are to be paid for on basis of measurement shall be measured in accordance with methods stipulated in the particular sections involved. 9-1.3 Certified Weights. When payment is to be made on the basis of weight, the weighing shall be done on certified platform scales or, when approved by the Engineer, on a completely automated weighing and recording system. The Contractor shall furnish the Engineer with duplicate licensed weighmaster's certificates showing actual net weights. The Agency will accept the certificates as evidence of weights delivered. 9-1.4 Units of Measurement The system of measure for this contract shall be the U.S. Standard Measures. 9-2 LUMP SUM WORK. Items for which quantities are indicated "Lump Sum", "L.S.", or "Job", shall be paid for at the price indicated in the Bid. Such payment shall be full compensation for the items of work and all work appurtenant thereto. When required by the Specifications or requested by the Engineer, the Contractor shall submit to the Engineer within 15 days after award of Contract, a detailed schedule in triplicate, to be used only as a basis for determining progress payments on a lump sum contract or designated lump sum bid item. This schedule shall equal the lump sum bid and shall be in such form and sufficiently detailed as to satisfy the Engineer that it correctly represents a reasonable apportionment of the lump sum. 9-3 PAYMENT 9-3.1 General. The quantities listed in the Bid schedule will not govern final payment. Payment to the Contractor will be made only for actual quantities of Contract items constructed in accordance with the Plans and Specifications. Upon completion of construction, if the actual quantities show either an increase or decrease from the quantities given in the Bid schedule, the Contract Unit Prices will prevail subject to the provisions of Section 3-2.2.1. Revised 11/24/10 Contract No. 6013-15 Page 95 of 110 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 othenwise 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 forthe purpose of making monthly progress payments. The Contractor may request in writing that such monthly closure date be changed. The Engineer may approve such request when it is compatible with the Agency's payment procedure. Revised 11 /24/10 Contract No. 6013-15 Page 96 of 110 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 detennined by the Engineer and shall be itemized by the contract bid item and change order item with quantities and payment amounts and shall show all deductions made or to be made for prior payments and amounts to be deducted under provisions of the contract. All prior estimates and progress payments shall be subject to correction in the Final Payment Estimate. The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make written statement disputing any bid item or change order item quantity or payment amount. The Contractor shall provide all documentation at the time of submitting the statement supporting its position. Should the Contractor fail to submit the statement and supporting documentation within the time specified, the Contractor acknowledges that full and final payment has been made for all contract bid items and change order items. Revised 11 /24/10 Contract No. 6013-15 Page 97 of 110 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 detennine 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 detennine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying the claims. Payment for claims shall be processed within 30 calendar days of their resolution for those claims approved by the Engineer. The Contractor shall proceed with informal dispute resolution under Section 3-5, Disputed Work, for those claims remaining in dispute. 9-3.3 Delivered Materials. When provided for in the Specifications, and subject to the limitation and conditions therein, the cost of materials and equipment delivered but not incorporated into the Work will be included in the progress estimate. 9-3.3.1 Delivered Materials. The cost of materials and equipment delivered but not incorporated into the work will not be included in the progress estimate. 9-3.4 Mobilization. When a bid item is included in the Proposal form for mobilization and subject to the conditions and limitations in the Specifications, the costs of work in advance of construction operations and not directly attributable to any specific bid item will be included in the progress estimate. When no such bid item is provided, payment for such costs will be considered to be included in the other items of work. 9-3.4.1 Mobilization and Preparatory Work. Payment for mobilization and preparatory Work will be included in the various items of work and no other payment will be made. 9-4 BID ITEMS. Payment for each Bid Item shall be made at the quantity and type as listed in the Contractor's Proposal. All work shown or mentioned in the Contract Documents, General Revised 11 /24/10 Contract No. 6013-15 Page 98 of 110 Provisions, or Technical Provisions/Specifications shall be considered as included in the Bid Items. Contractor must protect existing utilities, improvements, landscaping, irrigation systems, and vegetation in place. If damaged during the work. Contractor is responsible to repair or replace any utilities, improvements, landscaping, irrigation systems, and vegetation at their expense. Remove and Replace Curb and Gutter per SDRSD G-2 (Bid Item No. 1) The contract unit price paid for this bid item shall constitute full compensation to remove and replace Type G-2 PCC Curb and Gutter per San Diego Regional Standard Drawing G-2 in accordance with the specifications and contract documents. This includes, but is not limited to, protection of adjacent public and private improvements and/or facilities, demolition, saw cutting, removals, disposal, sun/eying, excavation, forming, backfill, aggregate base, compaction, and removing and replacing 12 inches of pavement adjacent to new curb and gutter. Remove and Replace Sidewalk per SDRSD G-7 (Bid Item No. 2) The contract unit price paid for this bid item shall constitute full compensation to remove and replace Type G-7 PCC sidewalk per San Diego Regional Standard Drawing G-7 in accordance with the specifications and contract documents. This includes, but is not limited to, protection of adjacent public and private improvements and/or facilities, demolition, removals, disposal, sun/eying, excavation, forming, backfill, aggregate base, compaction, saw cutting, and removing and replacing pavement adjacent to new concrete where necessary. Remove and Replace Driveway Approach per SDRSD G-14 (Bid Item No. 3) As modified by Section 303-5.1.1 with "5-1/2" thickness, the contract unit price paid for this bid item shall constitute full compensation to remove and replace Type G-14 PCC driveway approach per San Diego Regional Standard Drawings G-14A, G14B, G-14C, G14D and/or Carisbad Engineering Standards GS-12 in accordance with the specifications and contract documents. This includes, but is not limited to, protection of adjacent public and private improvements and/or facilities, demolition, removals, disposal, surveying, excavation, forming, backfill, aggregate base, compaction, saw cutting, trench plates, and removing and replacing 12 inches of pavement adjacent to new driveway approach. Remove and Replace Curb Ramp per SDRSD (Bid Item No. 4) The contract unit price paid for this bid item shall constitute full compensation to remove and replace PCC curb ramps with truncated domes per San Diego Regional Standard Drawings G- 14, G-27, G-28, G-29, G-31 and G-32 in accordance with the specifications and contract documents. This includes, but is not limited to, protection of adjacent public and private improvements and/or facilities, demolition, removals, disposal, surveying, excavation, forming, backfill, aggregate base, compaction, saw cutting, trench plates, and removing and replacing 12 inches of pavement adjacent to new curb ramp. Remove and Replace Cross Gutter per SDRSD (Bid Items No. 5) The contract unit price paid for this bid item shall constitute full compensation to remove and replace PCC cross gutter per San Diego Regional Standard Drawings G-12 and/or Carisbad Engineering Standards GS-9 and GS-10 in accordance with the specifications and contract documents. This includes, but is not limited to, protection of adjacent public and private improvements and/or facilities, demolition, removals, disposal, sun/eying, excavation, forming, backfill, aggregate base, compaction, saw cutting, trench plates, and removing and replacing 12 inches of pavement adjacent to new concrete. Install and Compact Class 2 Aggregate Base (Bid Items No. 8) The contract unit price paid for this bid item shall constitute full compensation to install and Revised 11 /24/10 Contract No. 6013-15 Page 99 of 110 compact Class 2 aggregate base as directed by the City's representative. This price shall include removal and disposal of unwanted material and include cutting and removing roots as directed by the City. All work shall be in accordance with the city standards, specifications and contract documents. Traffic Control and Public Notification (Bid Item No. 9) The contract unit price paid for this bid item shall constitute full compensation for all traffic control, traffic control plans and public notification in accordance with the specifications and contract documents. This includes, but is not limited to, preparation and reproduction of traffic control plans, implementing traffic control, signing, striping, flagging operations, arrow boards, resident notification letters, door hangers, and "NO PARKING" signs. Remove and Replace Driveway Approaches and rolled curb at Caminito Del Reposo, Caminito Del Mar, and Caminito Del Sol (Bid Item No. 11) The Contractor shall remove and replace driveway approaches and rolled curb in front of the driveways at the cul de sac bulbs of three streets: Caminito Del Reposo (12), Caminito Del Mar (12), and Caminito Del Sol (18). The Contractor shall replace these driveway approaches and install San Diego Regional Standard G-14D with depressed curb and gutter. The Contractor shall smoothly transition new concrete improvements to meet existing sidewalks, curbs and gutters adjacent to the new concrete. The contract unit price paid for this bid item shall constitute full compensation to remove and replace driveway approaches and curb and gutter adjacent to driveways per San Diego Regional Standard Drawing G-14D and Carisbad Engineering Standards GS-12 in accordance with the specifications and contract documents. This includes, but is not limited to, concrete transitions to existing adjacent improvements, protection of adjacent public and private improvements and/or facilities, demolition, removals, disposal, excavation, fonning, flow tests, backfill, saw cutting, trench plates, and removing and replacing 12 inches of pavement adjacent to new driveway approach. SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 2, CONSTRUCTION MATERIALS SECTION 200 - ROCK MATERIALS 200-2 UNTREATED BASE MATERIALS 200-2.1 General. Add the following: Aggregate base shall be Class 2 Aggregate Base per Caltrans Standard Specification, July 1999, Section 26: Aggregate Bases, Subsection 26-1.02A Class 2 Aggregate Base and as specified herein. Add the following section: 200-2.7 Class 2 Aggregate Base. Aggregate for Class 2 aggregate base shall be free from organic matter and other deleterious substances, and shall be of such nature that it can be compacted readily under watering and rolling to form a firm, stable base. Aggregate may include Revised 11 /24/10 Contract No. 6013-15 Page 100 of 110 ^3 W material processed from reclaimed asphalt concrete, portland cement concrete, lean concrete base, cement treated base or a combination of any of these materials. Aggregate shall conform to the grading and quality requirements shown in the following tables. The grading for r 3/4 inch maximum shall be used. AGGREGATE GRADING REQUIREMENTS Percentage Passing 3/4" Maximum Operating Sieve Sizes Range 2" — 11/2" — 1" 100 3/4" 90-100 No.4 35-60 No. 30 10-30 No. 200 2-9 QUALITY REQUIREMENTS Operating Tests Range Resistance (R-value) 78 Min. Sand Equivalent 25 Min. Durability Index 35 Min. The aggregate shall not be treated with lime, cement or other chemical material before the Durability Index test is performed. If the results of either or both the aggregate grading and Sand Equivalent tests do not meet the requirements specified for "Operating Range" but meet the "Contract Compliance" requirements, placement of the aggregate base may be continued for the remainder of that day. However, another day's work may not be started until tests, or other information, indicate to the satisfaction of the Engineer that the next material to be used in the work will comply with the requirements specified for "Operating Range." If the results of either or both the aggregate grading and Sand Equivalent tests do not meet the requirements specified for "Contract Compliance," the aggregate base which is represented by these tests shall be removed. However, if requested by the Contractor and approved by the Engineer, the aggregate base may remain in place and the Contractor shall pay to the City $2.25 per cubic yard for such aggregate base left in place. The City may deduct this amount from any moneys due, or that may become due, the Contractor under the contract. If both the aggregate grading and Sand Equivalent do not conform to the "Contract Compliance" requirements, only one adjustment shall apply. No single aggregate grading or Sand Equivalent test shall represent more than 500 cubic yards or one day's production, whichever is smaller. SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE TABLE 201 -1.1.2(A) Modify as follows: TABLE 201-1.1.2(A) Revised 11 /24/10 Contract No. 6013-15 Page 101 of 110 PORTLAND CEMENT CONCRETE Type of Construction Concrete Class Maximum Slump mm (Inches) All Concrete Used Within the Right-of-Way 330-C-23 (560-C-3250) (2) Trench Backfill Slurry 115-E-3 (190-E-400) 200 (8") Street Light Foundations and Sun/ey Monuments 330-C-23 (560-C-3250) 100 (4") Traffic Signal Foundations 350-C-27 (590-C-3750) 100 (4") Concreted-Rock Erosion Protection 310-C-17 (520-C-2500P) per Table 300-11.3.1 (1) Except that concrete required to be of higher strength by Table 201-1.1.2(A) SSPWC shall be as per Table 201 -1.1.2(A) SSPWC. (2) As per Table 201 -1.1.2(A) SSPWC. (3) Portions of Table 201 -1.1.2(A) of the Standard Specifications for Public Works Construction not shown herein as changed are not affected by this table. SECTION 203 - BITUMINOUS MATERIALS 203-6 ASPHALT CONCRETE. ADD the following: 203-6.4 Asphalt Concrete Mixtures. Add the following: Conventional Asphalt concrete shall be class C2-PG64-10-RAP for surface course, and B-PG64-10-RAP for base course. Asphalt concrete shall be class D2-PG70-10 for dikes and class E-PG70-10 ditches. 203-6.4.3 Composition and Grading. Add the following: Evaluation of asphalt concrete shall be determined from samples of asphalt concrete taken after completion of all processing (Wet Mix) or by core sample analysis of the in-place asphalt concrete or by direct central plant inspection that confirms the production of a particular mix design and verifies using samples of aggregate taken before the addition of asphalt and mineral filler (Bin). All samples shall be taken in accordance with Calif. Test 125. When Wet Mix or Core samples of asphalt concrete are to be used for evaluation, sufficient size samples shall be taken to ensure representative and adequate quantity of material for: 1. Asphalt Content and Gradation of Extraction using Calif. Test 382 or ASTM 2172, and Calif. Test 202. Revised 11/24/10 Contract No. 6013-15 Page 102 of 110 stability using: a. Hveem stability Value using Calif. Tests 304 and 366 shall be the average of three individual Values or b. Marshall Stability^ in accordance with the Asphalt Institute's MS-2 fabricated and tested for traffic volume and shall be the average of three specimens. ^Only use Marshall Stability when the deviation between individual Hveem Stabilometer Values are greater than +/-5. When using core sample analysis, the samples must be properly prepared to safeguard against influx of outside contaminates and so that the cut surfaces do not influence the test results. The amount of asphalt binder used in asphalt concrete placed in dikes, gutters, gutter flares, overside drains and aprons at the ends of drainage structures shall be increased one percent by mass of the aggregate over the amount of asphalt binder determined for use in asphalt concrete placed on the traveled way. Wet Mix or Core sampled asphalt concrete will be considered in conformance with the mix design when the asphalt content is within +/-0.5 of the design mix and the gradation conforms to the grading as shown in Table 203-6.3.2 (A). Deviations in gradation may be considered in conformance with the mix design provided the stability of the completed mix compiles with the requirements for Stabilometer Value per Table 203-6.3.2 (A) Marshall Stability using Asphalt Institute MS-3. Plant inspected asphalt concrete will be considered in conformance with the mix design when visually inspected and the combined gradation of the Bin samples show conformance to the grading as shown in Table 203-6.3.2 (A). 203-6.8 Asphalt Concrete Storage, add the following: Storage of asphalt concrete shall not be allowed on this project. Stored concrete shall not be used in the work. Revised 11 /24/10 Contract No. 6013-15 Page 103 of 110 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 3, CONSTRUCTION METHODS SECTION 301 - TREATED SOIL, SUBGRADE PREPARATION AND PLACEMENT OF BASE MATERIALS 301-1 SUBGRADE PREPARATION. 301-1.2 Preparation of Subgrade. Modify the second and third paragraphs as follows: Change each instance reading "150mm (6 inches)" to "300 mm (12")". 301-1.3 Relative Compaction. Delete the first paragraph and substitute the following: The Contractor shall compact the upper 300 mm (12") of subgrade beneath areas to be paved, have base or subbase material placed on them, or curb, gutter, curb and gutter, alley pavement, driveway or sidewalk constructed over them to no less than 95 percent maximum dry density as determined by ASTM test D-1557-91. 301-1.7 Payment. Modify the first paragraph as follows: Payment for subgrade preparation shall be included in the contract bid price for which the subgrade is prepared and shall include all labor, materials; including water, operations and equipment to scarify, adjust moisture, compact or recompact the subgrade, both in cut areas and in fill areas, and no further compensation will be allowed. SECTION 30 - ROADWAY SURFACING Public Convenience and Traffic Control. The Contractor shall schedule the work so as to prevent damage by all traffic. The Contractor shall not schedule work so as to conflict with trash pickup. The trash hauling schedule can be obtained by calling Coast Waste Management at (760) 929-9400. At least two weeks prior to work. Contractor shall send, by first class mail, notification letters to all property addresses within 500' of the work. Obtaining the appropriate addresses shall be the contractor's responsibility. Letters shall be as shown in bold type as follows, with the appropriate information specific to the work inserted at the locations indicated in the brackets and italicized. Revised 11 /24/10 Contract No. 6013-15 Page 104 of 110 {Name of Contractoi) {Address of Contractoi) {Contractor's License Numbei) {Date) As a part of the City off Carlsbad's ongoing program to maintain its streets, your street wiii be beginning in two or three weelcs. This process requires that your street be closed for ^^^m starting at 7:00 a.m. and continuing until the Contractor removes the traffic control devices. You will be notified 72 hours in advance of the day your street will be closed by a brightly colored 3 Va" x 8 Vz" card attached to your doorknob. You will also notice temporary no parking signs on your street with a speciffic no parking date written on it. A successfful street maintenance program depends on your cooperation. Please do not drive, walk, play, skate or allow pets on the street until it is opened by the Contractor. Furthermore, please do not wash your car or turn on any sprinklers while you are waiting. Iff you don't plan to leave your home before 7:00 a.m. on the day your street will be surfaced, and you need to use your vehicle later in the day, please park your car on an adjacent street in your neighborhood that is not signed as a no parking zone. When walking to and from your car, remember not to walk on the newly surffaced street or you may have black residue on the bottom of your shoes. The residue may damage some surfaces, may mark surfaces that you track it on, and may be very ^ difficult to remove. {Name of Contractoi) is the Contractor that will be performing the resurfacing work for the City and you may call them at {24 hour per day attended teiephone number in the 760 area cod^ for any questions you may have about the project. On the day your street is surffaced mail delivery may be delayed until the next day. You will not know the exact date your street will be closed until you receive the 3 Va" x 8 Ya" card. If you have a moving company scheduled to come to your house within the next two weeks, please call and inform the Contractor off the date. Iff you have any concems which are not addressed by the Contractor, please call the City's Engineering Inspection Department at 602-2780. They will assist you in resolving the concerns. The City of Carlsbad has some of the ffinest streets in the county due to the concern and cooperation off citizens like you. Your cooperation is greatly appreciated." Revised 11 /24/10 Contract No. 6013-15 Page 105 of 110 During operations, the Contractor's schedule for resurfacing shall be designed to provide residents and business owners sufficient paved parking within an 800 foot distance from their homes or businesses. Seventy two hours prior to the start of any construction in the public right-of-way that affects vehicular traffic and/or parking or pedestrian routes, the Contractor shall give written notification of the impending 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 deliver the notification which shall state the date and time the work will begin and its anticipated duration. The notification shall list two telephone numbers that may be called to obtain additional infonnation. One number shall be the Contractor's permanent office or field office and the other number shall be a 24 hour number answered by a representative of the Contractor who is knowledgeable about the project. At least one of the phone numbers shall be in the (760) area code. An answering machine shall not be connected to either number. The notification shall also give a brief description of the work and simple instructions to the home or business owner on what they need to do to facilitate the construction. The Contractor shall submit the contents of the notification to the Engineer for approval. Notices shall not be distributed until approved by the Engineer. For door hangers, the notification shall be pre-cut in a manner that enables it to be affixed to a doorknob without adhesives. It shall be a minimum size of 3-1/2 inches by 8-1/2 inches and shall be brightly colored with contrasting printing. The material shall be equivalent in strength and durability to 65 Ib. card stock. The printing on the notice shall be no smaller than 12 point. The precut notices shall designate the the day of the week and appropriate information specific to the work inserted at the locations indicated in the italicized font. The preparation, materials, printing and distribution of the notifications shall be included in the contract price bid for Traffic Control and the Contractor will not be entitled to any additional compensation for printing and distributing these notices. 302-5 ASPHALT CONCRETE PAVEMENT. Add the following: 302-5.1 General. The Contractor shall treat all vegetation with the limits of the paved area to receive asphalt concrete paving with a post emergent herbicide. Herbicide shall be applied at least 2 (two) working days prior to paving the area. Allowance for the two day period shall be shown in the schedule required per section 6-1. 302-5.2 Pavement Transitions. The Contractor shall ramp the approaches and termini to all structures and vertical joints in the cold-milled area which are transverse to through traffic with temporary asphalt concrete pavement as specified in section 306-1.5.1. Ramps shall be constructed the same day as cold milling and removed the same day as permanent paving. Ramp dimensions and compaction shall be as approved by the Engineer. 302-5.4 Tack Coat. Add the following: If the asphalt concrete pavement is being constructed directly upon an existing hard-surfaced pavement, a tack coat of PG 64-10 paving asphalt at an approximate rate of 0.25 L/m^ (0.05 gallon per square yard) shall be uniformly applied upon the existing pavement preceding the placement of the asphalt concrete. Revised 11 /24/10 Contract No. 6013-15 Page 106 of 110 The contact surfaces of all cold pavement joints, curbs, gutters, manholes, and the like shall be painted with PG 64-10 paving asphalt immediately before the adjoining asphalt concrete is placed. The tack coat shall be PG 64-10 paving asphalt. The Contractors shall place a tack coat between the successive interfaces of existing pavement and new asphalt concrete. SECTION 303 CONCRETE AND MASONRY CONSTRUCTION. 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS, AND DRIVEWAYS. 303-5.1.1 General. Add the following: All concrete improvements shall be installed per the City of Carisbad Standards and the San Diego Regional Standard Drawings. For curb ramps, if there exists sufficient space, SDRSD G-28 shall be installed. If there is insufficient space, as determined by the Engineer, then SDRSD G-29 shall be installed. At the discretion of the City inspector, concrete replacement shall include the removal of unwanted material beneath the existing concrete, and placement and compaction (95%) of Class 2 aggregate base, unless deemed unnecessary by the City. The cost of the installation of aggregate base and all associated work shall be included in the bid price for the aggregate base. Concrete replacement adjacent to asphalt concrete pavement shall include the sawcut and removal of 12" width of AC and base to a depth sufficient for forming the new concrete pour. The Contractor shall backfill the "slot" adjacent to the new concrete and place a minimum of temporary asphalt concrete within 72 hours of pouring the new concrete. The Contractor shall complete permanent asphalt concrete slot paving adjacent to the new concrete within 5 days of pouring the new concrete. The permanent AC slot paving shall be equal in thickness to the existing AC pavement. The Contractor shall remove all construction materials and debris from the area of work at the end of each working day. Traffic plates or trench plates shall be used over new concrete cross gutters and driveway approaches unless deemed unnecessary by the Engineer. At the Engineer's discretion, high early strength concrete may be substituted for traffic plates. The cost of traffic plates or high eariy strength concrete shall be included in the bid price for the concrete work and no extra payment will be made therefor. Sawcutting of concrete and asphalt concrete at joints and construction limits and the removal and disposal of asphalt concrete, base material, and concrete shall be included in the unit price bid for the concrete improvements. Contractor shall protect existing utility structures prior to and during construction of concrete improvements. Contractor shall protect existing improvements including, but not limited to: water services, irrigation systems, meter boxes, mailboxes, curb drains, walkways, pavers, plants, trees, shrubs, fences etc. Contractor shall be responsible for the replacement of improvements damaged during construction. The Contractor shall replace damaged improvements within 72 hours. Revised 11 /24/10 Contract No. 6013-15 Page 107 of 110 Contractor shall protect and relocate meter boxes as required by the Engineer. Contractor shall install meter boxes per City of Carlsbad standards. No extra payment will be made for relocating meter boxes. Contractor shall adhere to all relevant stormwater regulations and implement best management practices for the project site. All material removed from the site shall be disposed of at the Contractor's expense at a site approved by the City. The Contractor shall attempt to have the materials recycled. Where tree roots are present and damaging or uplifting the existing concrete, the Contractor shall cut and remove the roots. All pavement, root and other material removal shall confonn to Section 300-1 of the SSPWC and to these special provisions. Contractor shall dispose of organic debris, including tree root cuttings. Payment for root removal shall be included in the unit price bid for the improvement and no additional payment will be made therefor. Root pruning or cutting shall be supervised by the project arborist or designated City representative. No root cutting may occur unless the arborist or City representative is present. At the direction of the arborist, roots over one inch (1") in diameter may be cleanly cut at the edge of the existing curiD and gutter prior to any excavation. The arborist may determine that some roots may not be cut. In the event that a root may not be cut, the Contractor will pour over the root in place. The roots shall be cut with a root-cutter equal to a depth of 12 inches below the surface of pavement. The method of root pruning shall be reviewed and approved by the City arborist. All damage to trees shall be reported promptly to the arborist for appropriate treatment. All concrete or pavement removals shall be made along a saw cut or a weakened plane joint. ^^^^ All sawcutting for monolithic concrete to be included in the bid price. No additional payments will be made therefore. The extent of the pavement removals will be marked in the field by the Project Inspector. Payment for the concrete removals, including asphalt concrete removals necessary to fomn new concrete, and all material disposal shall be considered included in the unit price bid for the concrete improvement. No additional compensation will be made therefore. The removal and replacement of asphalt concrete in the roadway necessary to form concrete will be included in the unit price bid for the concrete improvement. Appropriate measures will be taken by the Contractor to ensure that work zones are as safe as possible to both vehicular and pedestrian traffic. Work will be scheduled so that the time that the work area remains open is as minimal as possible. All work areas will be poured back prior to the weekend. All of the Contractor obligations mentioned in this section and other sections of this document shall be considered as paid for as part of the Unit price bid for the concrete improvement. No additional payment will be made therefor. 303-5.5.2 Curb, add the following: The Contractor shall stamp the curb face with 75 mm (3") high block letters directly above the point that it is crossed by underground facilities with the marking specified in Table 303-5.5.2(A) Revised 11 /24/10 Contract No. 6013-15 Page 108 of 110 TABLE 303-5.5.2(A) Type of underground facilities Marking Water Service Lateral W Sewer Service Lateral S Irrigation Water Lateral or Sleeve RW 303-5.5.4 Gutter. Add the following: When requested by the Engineer, the Contractor shall perform flow tests on all gutters, cross gutters, and spandrels to ensure proper flow with no ponding of water. The cost of flow tests shall be included in the bid prices for the concrete replacement and no extra payment will be made for flow tests. 303-5.9 Measurement and Payment, add the following: Curb or gutter shall not be considered as continuing across driveways, spandrels, and access ramps when constructed adjacent thereto. The curb or gutter adjacent to driveways, spandrels, and access ramps shall be included in the unit bid price for the driveway, spandrel, or access ramp. Neither curb nor gutter will be paid for across the length of local depressions, except that which occurs in gutter transitions at each side of an inlet. The cost of flow tests shall be included in the bid prices for the concrete replacement and no extra payment will be made for flow tests. All of the Contractor obligations mentioned in this section and other sections of this document shall be considered as paid for as part of the unit price bid for the concrete improvement. No additional payment will be made there for. Revised 11 /24/10 Contract No. 6013-15 Page 109 of 110 APPENDIX A Revised 11 /24/10 Contract No. 6013-15 Page 110 of 110 (0 c/5 I < O liJ < tr O < cc Q. X a 1-< (3 |. Ul > I cc CO < UJ Ul 9 UJ tt to Q < z UJ < oc Q- < </> u. to < UJ (E OC UJ to UJ to o o cet iff z p -J o OQ tL o o S <5 .a ^ I 5 (D ® E S « OJ ffl S ib ffl > > < < o "C iSl o < < < < > > < < ffl CD o8 g o to ffl w o 2 Sl (D ffl DC CVl tn I- ui E O O to < UJ oc is 9 to X H-O UJ oc to C3 < Z UJ < tt Q. < to U. to < UJ (E 1E< UJ csi to u to -I O OC "l Q trt UJ ^ !=• ta "8 UJ m OL u cn o ffl cc < to to UJ cc a a < Q Ul <0 c o 03 o CO CD CO (9 ffl o Q. . CU OC Q o CD O S a S CO a O O CO CD O S •a S (D O CD ffl ffl CD a 5 -o CD Q Sis CO o Cvl CD CC o o in CD o o c CO I < o UJ < cc o < oc a. 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