EXPO RAIL OPERATIONS AND MAINTENANCE … 32 23 PROJECT MANAGEMENT INFORMATION SYSTEM [EXPO] 01 32 33 PHOTOGRAPHIC DOCUMENTATION [EXPO] ... Expo Rail Operations and Maintenance Facility

EXPO RAIL OPERATIONS AND

MAINTENANCE FACILITY

EXPOSITION METRO LINE CONSTRUCTION AUTHORITY

Santa Monica, CA

100% Construction Documents

Issued For Bid, Not For Construction Volume 1 of 6

Procurement and Contracting Group - Division 00; Specifications Group - General Requirements Subgroup Division 01

February 8, 2013

PREPARED BY

MAINTENANCE DESIGN GROUP

16 North Marengo Avenue, Suite 716 Pasadena, California 91101

(626) 389-2440

DOCUMENT 00 01 05 CERTIFICATIONS PAGE

Expo Rail Operations and Maintenance Facility

1955 Centinela Avenue Santa Monica, CA 90404

We hereby certify that these Contract Documents have been prepared by us or under our direct supervision in accordance with the rules and regulations governing the Architects and Engineers practicing in the State of California. Architect RNL Design 333 South Grand Ave., Suite 1480 Los Angeles, Ca 90071

Civil Engineer W2 Design, Inc. 50 S. DeLacey Ave., Suite 100 Pasadena, CA 91105 Landscape Architect Pamela Burton and Company 1430 Olympic Blvd. Santa Monica, CA 90404 Structural Engineer Nabih Youssef Associates 800 Wilshire Blvd., Suite 200 Los Angeles, CA 90017 Mechanical Engineer GLUMAC 617 West 7th Street, Suite 500 Los Angeles, CA 90017

Expo Operations and Maintenance Facility CERTIFICATIONS PAGE Santa Monica, CA 00 01 05 - 8

Electrical Engineer GLUMAC 617 West 7th Street, Suite 500 Los Angeles, CA 90017 Plumbing Engineer GLUMAC 617 West 7th Street, Suite 500 Los Angeles, CA 90017 Track Design RailPros, Inc. 1 Ada Parkway, Suite 200 Irvine, CA 92618 Train Control RailPros, Inc. 1 Ada Parkway, Suite 200 Irvine, CA 92618 Communications Consultant AVS Engineers, Inc. 556 N. Diamond Bar Blvd. Suite 112 Diamond Bar, CA 91765 OCS and TPS HNTB Corporation 160 Spear Street San Francisco, CA 94105 HNTB Corporation 111 North Canal Street Suite 1250 Chicago, IL 60606


Security Consultant TRC Solutions 123 Technology Drive West Irvine, CA 92618 Fire Protection Consultant Hughes Associates, Inc. 6 Centerpointe Drive, Ste. 760 La Palma, CA 90623 Vehicle Maintenance Equipment Maintenance Design Group 810 S. Mason Rd., Suite 208 Katy, TX 77450


Expo Rail Operations and Maintenance Facility TABLE OF CONTENTS Santa Monica, CA 00 01 10 - 1

DOCUMENT 00 01 10 TABLE OF CONTENTS

Expo Rail Operations and Maintenance Facility

1955 Centinela Avenue Santa Monica, CA 90404

Vol 1 of 6: Procurement and Contracting Requirements Group - Division 00, Specifications Group,

General Requirements Subgroup - Division 01

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS 00 01 05 CERTIFICATIONS PAGE 00 01 10 TABLE OF CONTENTS 00 72 23- GENERAL CONDITIONS

DIVISION 01 - GENERAL REQUIREMENTS

01 10 00 SUMMARY [RNL]

01 25 00 SUBSTITUTION PROCEDURES [EXPO]

01 31 00 PROJECT MANAGEMENT AND COORDINATION [RNL] 01 31 19 PROJECT MEETINGS [EXPO] 01 32 00 CONSTRUCTION PROGRESS DOCUMENTATION [EXPO - RNL] 01 32 13 COST LOADED CRITICAL PATH SCHEDULE [EXPO]

01 32 23 PROJECT MANAGEMENT INFORMATION SYSTEM [EXPO] 01 32 33 PHOTOGRAPHIC DOCUMENTATION [EXPO] 01 33 00 SUBMITTAL PROCEDURES [EXPO] 01 35 13 SAFETY CERTIFICATION PROGRAM [MDG]

01 35 23 WORKSITE SECURITY REQUIREMENTS [EXPO] 01 35 25 WORKSITE SAFETY REQUIREMENTS [EXPO] 01 35 42 ENVIRONMENTALLY RESTRICTED WORK [EXPO]

01 35 43 ENVIRONMENTAL HEALTH AND SAFETYPROGRAM [EXPO] 01 35 44 LEAD-RELATED CONSTRUCTION WORK [EXPO]

01 35 45 IMPORTED FILL AND SOIL RE-USE CRITERIA [EXPO] 01 35 94 HISTORIC, ARCHAEOLOGICAL, PALEONTOLOGICAL AND CULTURAL COORDINATION [EXPO] 01 40 00 QUALITY REQUIREMENTS [EXPO] 01 42 00 REFERENCES [RNL] 01 45 16 CONCRETE MOISTURE VAPOR EMISSION AND pH TESTING [RNL] 01 50 00 TEMPORARY FACILITIES AND CONTROLS [EXPO - RNL] 01 56 24 TRAFFIC CONTROL [W2D] 01 57 21 POLLUTION CONTROL [EXPO] 01 57 23 CONSTRUCTION NOISE AND VIBRATION CONTROL [EXPO] 01 60 00 PRODUCT REQUIREMENTS [RNL] 01 71 23 PRE- POST CONSTRUCTION SURVEY [EXPO] 01 73 00 EXECUTION [RNL] 01 73 29 CUTTING AND PATCHING [RNL] 01 74 19 CONSTRUCTION WASTE MANAGEMENT AND DISPOSAL [RNL] 01 77 00 CLOSEOUT PROCEDURES [RNL] 01 78 23 OPERATION AND MAINTENANCE DATA [RNL] 01 78 39 AS BUILT DRAWINGS AND CURRENT STATUS DOCUMENTS [EXPO] 01 78 43 SPARE PARTS AND REPLACEMENT MATERIALS [EXPO] 01 79 00 DEMONSTRATION AND TRAINING [RNL] 01 81 13 SUSTAINABLE DESIGN REQUIREMENTS [RNL] 01 91 13 GENERAL COMMISSIONING REQUIREMENTS [RNL]


Vol 2 of 6: Specifications Group, Facility Construction Subgroup - Divisions 02 - 08

DIVISION 02 - EXISTING CONDITIONS 02 41 19 SELECTIVE DEMOLITION

DIVISION 03 - CONCRETE

03 10 00 CONCRETE FORMWORK [NYA] 03 20 00 CONCRETE REINFORCEMENT [NYA] 03 30 00 CAST-IN-PLACE CONCRETE [NYA] 03 37 13 SHOTCRETE [NYA]

03 45 00 PRECAST ARCHITECTURAL CONCRETE [RNL] 03 45 01 PRECAST INSULATED ARCHITECTURAL CONCRETE [RNL] 03 53 14 QUARTZ-AGGREGATE CONCRETE TOPPING - LIGHT REFLECTIVE [RNL]

DIVISION 04 - MASONRY

04 22 00 CONCRETE MASONRY UNITS [NYA & RNL] DIVISION 05 - METALS

05 12 00 STRUCTURAL STEEL [NYA] 05 12 05 METAL POLES [HNTB] 05 12 13 ARCHITECTURALLY EXPOSED STRUCTURAL STEEL FRAMING [NYA]

05 15 19 STAINLESS-STEEL WIRE ROPE ASSEMBLIES [RNL] 05 31 00 STEEL DECK [NYA]

05 40 40 COLD FORMED STEEL FRAMING [NYA] 05 50 00 METAL FABRICATIONS [RNL] 05 51 00 STEEL STAIRS [NYA] 05 51 19 METAL GRATING STAIRS [RNL] 05 52 14 STEEL TUBE RAILINGS [RNL] 05 53 00 METAL GRATINGS [RNL] 05 58 13 DECORATIVE FORMED ALUMINUM COLUMN COVERS [RNL] 05 71 00 DECORATIVE METAL STAIRS [RNL] 05 73 00 DECORATIVE METAL RAILINGS [RNL] 05 73 11 GLASS SUPPORTED RAILINGS [RNL] 05 73 13 ILLUMINATED GLASS SUPPORTED METAL RAILINGS [RNL] 05 75 00 DECORATIVE WIRE MESH PANELS [RNL]

DIVISION 06 - WOODS PLASTICS AND COMPOSITES

06 10 53 MISCELLANEOUS ROUGH CARPENTRY [RNL] 06 16 43 GYPSUM WALL SHEATHING [RNL] 06 40 23 INTERIOR ARCHITECTURAL WOODWORK [RNL] 06 64 00 PLASTIC PANELING [RNL] 06 74 13 GLASS-FIBER-REINFORCED PLASTIC GRATINGS [RNL]

DIVISION 07 - THERMAL AND MOISTURE PROTECTION

07 11 13 COLD-APPLIED EMULSIFIED-ASPHALT DAMPPROOFING [RNL] 07 13 26 SELF-ADHERING SHEET WATERPROOFING [RNL] 07 14 16 SINGLE-COMPONENT POLYURETHANE WATERPROOFING [RNL] 07 21 16 BLANKET INSULATION [RNL] 07 21 29 SPRAYED INSULATION [RNL] 07 25 00 WEATHER BARRIERS [RNL] 07 26 16 BELOW-GRADE VAPOR RETARDERS [RNL] 07 42 13 METAL WALL PANELS [RNL] 07 42 15 PERFORATED METAL WALL PANELS [RNL]


Vol 2 of 6: Specifications Group, Facility Construction Subgroup - Divisions 02 - 08 (Cont.)

DIVISION 07 - THERMAL AND MOISTURE PROTECTION (Cont.) 07 54 16 ETHYLENE INTERPOLYMER (KEE) ROOFING [RNL] 07 62 00 SHEET METAL FLASHING AND TRIM [RNL] 07 71 29 MANUFACTURED ROOF EXPANSION JOINTS [RNL] 07 72 00 ROOF ACCESSORIES [RNL] 07 76 16 PEDESTAL PAVING [RNL] 07 84 13 PENETRATION FIRESTOPPING [RNL] 07 84 46 FIRE-RESISTIVE JOINT SYSTEMS [RNL] 07 92 00 JOINT SEALANTS [RNL] 07 95 00 EXPANSION CONTROL [RNL]

DIVISION 08 - OPENINGS

08 11 13 HOLLOW METAL DOORS AND FRAMES [RNL] 08 14 16 VENEER FACED SOLID CORE FLUSH DOORS [RNL] 08 31 13 ACCESS DOORS AND FRAMES [RNL] 08 33 23 OVERHEAD COILING DOORS [RNL] 08 33 25 OVERHEAD COILING COUNTER DOORS [RNL]

08 34 19 INDUSTRIAL FOUR-FOLD DOORS [RNL] 08 36 14 POLYCARBONATE GLAZED ALUMINUM SECTIONAL DOORS [RNL] 08 38 13 TRANSPARENT STRIP DOORS [RNL] 08 41 13 ALUMINUM-FRAMED ENTRANCES [RNL]. 08 42 26 ALL-GLASS ENTRANCES [RNL]

08 44 13 GLAZED ALUMINUM CURTAIN WALLS [RNL] 08 44 26 STRUCTURAL GLASS CURTAIN WALL [RNL] 08 45 13 STRUCTURED-POLYCARBONATE-PANEL ASSEMBLIES [RNL] 08 51 13 ALUMINUM WINDOWS [RNL] 08 56 59 SERVICE WINDOW UNITS [RNL] 08 63 00 METAL-FRAMED SKYLIGHTS [RNL] 08 71 00 DOOR HARDWARE [RNL] 08 80 00 GLAZING [RNL] 08 83 00 MIRRORS [RNL] 08 84 14 DECORATIVE MONOLITHIC CO-POLYESTER RESIN GLAZING [RNL] 08 87 00 GLAZING SURFACE FILMS [RNL]

Vol 3 of 6: Specifications Group, Facility Construction Subgroup - Divisions 09 - 14

DIVISION 09 - FINISHES 09 22 16 NON-STRUCTURAL METAL FRAMING 09 29 00 GYPSUM BOARD 09 30 00 TILING 09 30 35 CAST STONE TILING 09 51 13 ACOUSTICAL PANEL CEILINGS 09 54 43 STRETCHED FABRIC CEILING 09 65 13 RESILIENT BASE AND ACCESSORIES 09 65 19 RUBBER TILE FLOORING 09 65 36 STATIC-DISSIPATIVE VINYL COMPOSITION TILE FLOORING 06 65 66 RUBBER ATHLETIC FLOORING 09 67 11 FLUID APPLIED CONCRETE SEALER 09 67 23 RESINOUS FLOORING 09 68 13 TILE CARPETING 09 69 00 ACCESS FLOORING 09 84 33 SOUND-ABSORBING WALL UNITS


Vol 3 of 6: Specifications Group, Facility Construction Subgroup - Divisions 09 - 14 (Cont.) DIVISION 09 - FINISHES (Cont.)

09 84 53 SOUND BARRIER MULLION TRIM CAP [RNL] 09 91 13 EXTERIOR PAINTING [RNL] 09 91 23 INTERIOR PAINTING [RNL] 09 96 23 GRAFFITI RESISTANT COATINGS [RNL] 09 96 33 HIGH-TEMPERATURE RESISTANT COATINGS [RNL]

DIVISION 10 - SPECIALTIES

10 14 00 SIGNAGE [RNL] 10 14 55 RAILROAD SIGNAGE [RPI]

10 21 13 SOLID POLYMER TOILET COMPARTMENTS [RNL] 10 22 13 WIRE MESH PARTITIONS [RNL] 10 22 26 MANUALLY OPERATED ACOUSTICAL PANEL PARTITIONS [RNL] 10 26 11 WALL PROTECTION [RNL] 10 26 13 STAINLESS STEEL CORNER GUARDS [RNL] 10 28 13 COMMERCIAL TOILET ACCESSORIES [RNL]. 10 28 19 SHOWER DOORS [RNL] 10 41 16 FIRE DEPARTMENT KEY BOX [RNL] 10 44 13 PORTABLE FIRE EXTINGUISHER CABINETS [RNL] 10 44 16 PORTABLE MULTIPURPOSE DRY-CHEMICAL FIRE EXTINGUISHERS [RNL] 10 51 23 METAL UNIFORM EXCHANGE LOCKERS [RNL] 10 51 26 SOLID PLASTIC LOCKERS [RNL] 10 56 00 STORAGE EQUIPMENT [MDG] 10 56 13 METAL STORAGE SHELVING [RNL] 10 71 13 FIXED SUN SCREENS [RNL] 10 75 16 GROUND-SET ALUMINUM FLAGPOLES [RNL] 10 81 00 AUDIBLE BIRD DETERRENT [RNL]

DIVISION 11 - EQUIPMENT

11 11 00 VEHICLE SERVICE EQUIPMENT [MDG] 11 11 26 VEHICLE WASH EQUIPMENT [MDG] 11 11 29 SHOP EQUIPMENT [MDG] 11 12 00 PARKING CONTROL EQUIPMENT [RNL] 11 24 19 VACUUM EQUIPMENT [MDG] 11 31 00 RESIDENTIAL APPLIANCES [RNL]

DIVISION 12 - FURNISHINGS

12 24 13 ROLLER WINDOW SHADES [RNL] 12 36 13 STAINLESS STEEL COUNTERTOPS [RNL] 12 48 13 ENTRANCE FLOOR MATS AND FRAMES [RNL]

DIVISION 13 - SPECIAL CONSTRUCTION

13 34 23 PREFABRICATED BUILDING [MDG]

DIVISION 14 - CONVEYING EQUIPMENT 14 24 23 HYDRAULIC PASSENGER ELEVATOR [METRO]

14 45 00 VEHICLE LIFTS [MDG]

Vol 4 of 6: Specifications Group, FacilityServices Subgroup - Divisions 21-28

DIVISION 21 FIRE SUPPRESSION. 21 12 00 STANDPIPE SYSTEMS [HAI] 21 13 00 WET PIPE SPRINKLER SYSTEM, FIRE PROTECTION [HAI]


Vol 4 of 6: Specifications Group, FacilityServices Subgroup - Divisions 21-28 (Cont.)

DIVISION 22 - PLUMBING 22 05 00 BASIC MATERIALS AND METHODS PLUMBING (WITH SEISMIC) [GLU] 22 05 01 PLUMBING [GLU] 22 05 48 VIBRATION ISOLATION AND SEISMIC RESTRAINT FOR PLUMBING, PIPING, AND EQUIPMENT [GLU] 22 07 00 PLUMBING INSULATION [GLU] 22 11 23 PLUMBING EQUIPMENT [GLU] 22 11 25 SOLAR HOT WATER HEATING EQUIPMENT [GLU] 22 21 13 PLUMBING PIPING AND VALVES [GLU] 22 40 00 PLUMBING FIXTURES [GLU]

DIVISION 23 - HEATING VENTILATING AND AIR-CONDITIONING HVAC

23 05 00 BASIC HVAC MATERIALS AND METHODS [GLU] 23 05 03 HVAC DESIGN REQUIREMENTS FOR LEED VERSION 2.0/2.1 PROJECTS [GLU] 23 05 14 VARIABLE FREQUENCY DRIVES (VFD) [GLU] 23 05 48 VIBRATION ISOLATION AND SEISMIC RESTRAINT FOR PIPING, DUCTWORK, AND EQUIPMENT [GLU] 23 05 93 TESTING, ADJUSTING AND BALANCING [GLU] 23 07 00 HVAC INSULATION [GLU] 23 08 00 MECHANICAL SYSTEMS COMMISSIONING [AEI]

23 09 00 DIRECT DIGITAL CONTROL SYSTEMS [GLU] 23 21 13 HVAC PIPING, VALVES AND SPECIALTIES [GLU] 23 21 23 PUMPS AND HYDRONIC SPECIALTIES [GLU] 23 25 00 HVAC WATER TREATMENT [GLU] 23 31 13 AIR DISTRIBUTION [GLU] 23 34 13 FANS AND VENTS [GLU] 23 36 00 AIR TERMINAL UNITS [GLU] 23 41 00 AIR FILTRATION [GLU] 23 52 33 GAS FIRED PACKAGED CONDENSING BOILER [GLU] 23 55 23 INFRARED GAS RADIANT HEATERS [GLU] 23 64 00 AIR COOLED CHILLERS [GLU] 23 73 13 MODULAR AIR HANDLER [GLU] 23 73 33 MAKE-UP AIR UNITS [GLU] 23 81 25 MINI-SPLIT AIR CONDITIONING UNITS [GLU] 23 81 45 SPLIT HEAT PUMP UNITS [GLU] 23 82 14 TRENCH HEATERS [GLU] 23 82 19 SMALL CABINET FAN COIL UNITS [GLU] 23 83 16 RADIANT FLOOR HEATING SYSTEMS [GLU]

DIVISION 26 - ELECTRICAL

26 01 00 ELECTRICAL DESIGN REQUIREMENTS FOR LEED PROJECTS [GLU] 26 05 00 BASIC ELECTRICAL MATERIALS AND METHODS [GLU] 26 05 19 LOW-VOLTAGE CONDUCTORS AND CABLES [GLU] 26 05 26 GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS [GLU] 26 05 29 HANGERS AND SUPPORTS FOR ELECTRICAL SYSTEMS [GLU] 26 05 30 CONDUIT AND RACEWAYS [GLU] 26 05 34 OUTLET AND JUNCTION BOXES FOR ELECTRICAL SYSTEMS [GLU] 26 05 36 CABLE TRAYS FOR ELECTRICAL SYSTEMS [GLU] 26 05 41 SURFACE METAL RACEWAY [GLU] 26 05 43 UNDERGROUND DUCTS AND RACEWAYS FOR ELECTRICAL SYSTEMS [GLU] 26 05 48 VIBRATION AND SEISMIC CONTROLS FOR ELECTRICAL SYSTEMS [GLU] 26 05 53 IDENTIFICATION FOR ELECTRICAL SYSTEMS [GLU] 26 05 70 OVERCURRENT PROTECTION [GLU]


Vol 4 of 6 Specifications Group, FacilityServices Subgroup - Divisions 21-28 (Cont.)

DIVISION 26 - ELECTRICAL (Cont.) 26 08 00 ELECTRICAL SYSTEMS COMMISSIONING [AEI] 26 09 23 LIGHTING CONTROL DEVICES [GLU] 26 09 26 LIGHTING CONTROL PANELBOARDS [GLU] 26 09 52 MOTOR CONTROLS [GLU] 26 10 00 TRANSFORMERS [GLU] 26 24 13 SWITCHBOARDS [GLU] 26 24 16 PANELBOARDS [GLU] 26 27 13 ELECTRICITY METERING [GLU] 26 27 26 WIRING DEVICES [GLU] 26 28 15 SWITCHES DISCONNECT AND SAFETY [GLU] 26 32 15 EMERGENCY GENERATORS [GLU] 26 33 53 STATIC UNINTERRUPTIBLE POWER SUPPLY [GLU] 26 36 00 TRANSFER SWITCHES [GLU] 26 43 13 TRANSIENT-VOLTAGE SUPPRESSION FOR LOW-VOLTAGE ELECTRICAL POWER CIRCUITS [GLU]

26 51 00 EXTERIOR LIGHTING [GLU] 26 56 00 INTERIOR LIGHTING [GLU]

DIVISION 27 - COMMUNICATIONS

27 05 28 PATHWAYS FOR COMMUNICATIONS SYSTEMS [AVS] 27 10 00 STRUCTURED CABLE SYSTEM [AVS] 27 31 00 TELEPHONE EQUIPMENT [AVS]

27 51 16 PUBLIC ADDRESS SYSTEM [AVS] DIVISION 28 - ELECTRONIC SAFETY AND SECURITY

28 00 00 SECURITY MANAGEMENT SYSTEM GENERAL [TRC] 28 13 00 ELECTRONIC ACCESS CONTROL/ALARM MONITORING SYSTEM [TRC] 28 23 00 VIDEO SURVEILLANCE SYSTEM [TRC] 28 23 23 VIDEO SURVEILLANCE SYSTEM INFRASTRUCTURE [TRC] 28 26 00 SECURITY INTERCOM SYSTEM [TRC] 28 31 00 ANALOG/ADDRESSABLE INTERIOR FIRE ALARM SYSTEMS [HAI]

Vol 5 of 6: Specifications Group, Site and Infrastructure Subgroup - Divisions 31 - 34 and Process Equipment Subgroup - Divisions 41 - 48

DIVISION 31 - EARTHWORK

31 11 00 SITE CLEARING [W2D] 31 13 00 TREE PROTECTION AND RELOCATION [PBC] 31 20 00 EARTH MOVING [W2D] 31 23 01 EXCAVATION BACKFILLING AND COMPACTING FOR PAVEMENT [W2D] 31 23 02 EXCAVATION BACKFILLING AND COMPACTING FOR STRUCTURES [W2D] 31 23 03 EXCAVATION BACKFILLING AND COMPACTING FOR UTILITIES [W2D]

31 23 23 GEOFOAM [RM:]

31 26 00 EXCAVATION SUPPORT AND PROTECTION [W2D] DIVISION 32 EXTERIOR IMPROVEMENTS

32 01 90 OPERATION AND MAINTENANCE OF PLANTING [PBC] 32 12 16 ASPHALT PAVING [W2D]

32 13 13 CONCRETE PAVING [W2D]

32 13 73 CONCRETE PAVING JOINT SEALANTS [W2D] 32 14 13 CONCRETE PAVERS [W2D]


Vol 5 of 6: Specifications Group, Site and Infrastructure Subgroup - Divisions 31 - 34 and Process Equipment Subgroup - Divisions 41 - 48 (Cont.) DIVISION 32 EXTERIOR IMPROVEMENTS (Cont.)

32 17 13 WHEEL STOPS, PAVEMENT MARKINGS, & TRAFFIC SIGNING [W2D] 32 31 16 WELDED WIRE FENCES AND HORIZONTAL SWING GATES [RNL] 32 84 00 LANDSCAPE IRRIGATION [PBC] 32 90 00 PLANTS [PBC]

DIVISION 33 - UTILITIES

33 05 23 NON-METALLIC PIPE CASING [W2D]

33 10 00 WATER UTILITIES [W2D] 33 16 20 RAINWATER HARVESTING [W2D] 33 16 21 NON-POTABLE CISTERN WATER PUMP & CONTROLS [W2D] 33 30 00 SANITARY SEWERAGE UTILITIES [W2D] 33 40 00 STORM DRAIN UTILITIES [W2D]

33 46 00 UNDERDRAINS [W2D] 33 49 02 STORM WATER TREATMENT SYSTEM [W2D] 33 49 23 STORM WATER DE TENTION [W2D]

33 49 02 STORM WATER TREATMENT SYSTEM [W2D] 33 49 04 GROUNDWATER MONITORING WELLS [W2D] 33 49 23 STORM WATER RETENTION [W2D]

33 79 00 SYSTEMS GROUNDING [RPI]

DIVISION 34 - TRANSPORTATION 34 05 00 TRACTION ELECTRIFICATION BASIC ELECTRICAL MATERIALS AND METHODS [HNTB] 34 11 16 FIELD WIELDED RAIL [RPI] 34 11 24 DIRECT FIXATION TRACK [RPI] 34 11 26 BALLAST [RPI] 34 11 27 SUB-BALLAST AND AGGREGATE BASE [RPI] 34 11 30 EMBEDDED TRACK [RPI] 34 11 33 CONCRETE RAILROAD TIES [RPI] 34 11 33.13 CONCRETE TRACK CROSS TIES [RPI] 34 11 36 TRACK RAIL FASTENERS [RPI] 34 11 93 TRACK RAIL BOOT [RPI] 34 11 93.13 BUMPING POST [RPI] 34 11 94 WAYSIDE RAIL LUBRICATION APPLICATORS [RPI] 34 20 18 TRACTION ELECTRIFICATION GROUNDING REQUIREMENTS [HNTB] 34 20 52 TRACTION ELECTRIFICATION SYSTEM INTERFACE REQUIREMENTS [HNTB]

34 21 40 TRACTION ELECTRIFICATION BLUE LIGHT - ETS [HNTB] 34 23 00 OVERHEAD CONTACT SYSTEM [HNTB] 34 23 01 CATENARY FITTINGS AND HARDWARE [HNTB] 34 23 02 CATENARY SUPPORT AND REGISTRATION ASSEMBLIES [HNTB] 34 23 04 OCS BALANCE WEIGHT AND MIDPOINT ANCHOR ASSEMBLIES [HNTB] 34 23 10 OCS WIRE AND WIRE ROPE ASSEMBLIES [HNTB] 34 23 11 OVERHEAD CONTACT SYSTEM UNINSULATED CONDUCTORS [HNTB] 34 23 40 DISCONNECT SWITCHES [HNTB] 34 23 42 OVERHEAD CONTACT SYSTEM INSULATORS [HNTB] 34 23 44 OVERHEAD CONTACT SYSTEM SECTION INSULATORS [HNTB] 34 23 50 OVERHEAD CONTACT SYSTEM LIGHTNING PROTECTION [HNTB] 34 23 80 POLE IDENTIFICATION AND WARNING SIGNS [HNTB] 34 23 90 OVERHEAD CONTACT SYSTEM ACCEPTANCE [HNTB] 34 30 10 TRACTION ELECTRIFICATION SHOP DC DISTRIBUTION SYSTEM [HNTB] 34 30 25 TRACTION ELECTRIFICATION CABLE AND WIRE [HNTB]


Vol 5 of 6: Specifications Group, Site and Infrastructure Subgroup - Divisions 31 - 34 and Process

Equipment Subgroup - Divisions 41 - 48 (Cont.) DIVISION 34 - TRANSPORTATION (Cont.)

34 30 30 TRACTION ELECTRIFICATION DC DISTRIBUTION SWITCHBOARDS [HNTB] 34 30 35 TRACTION ELECTRIFICATION DC POSITIVE AND NEGATIVE FEEDER CABLES [HNTB] 34 30 40 TRACTION ELECTRIFICATION TESTING AND COMMISSIONING [HNTB] 34 42 00 GENERAL TRAIN CONTROL REQUIREMENTS [RPI]

34 42 16 TRAIN CONTROL WIRES AND CABLES [RPI] 34 42 24 TRAIN CONTROL BUNGALOW EQUIPMENT 34 42 33 YARD CONTROL PANEL [RPI] 34 42 42 SIGNAL LAYOUT, STRUCTURES AND FOUNDATIONS [RPI] 34 42 46 TRAIN CONTROL BUNGALOWS [RPI] 34 42 48 YARD SWITCH MACHINES [RPI] 34 42 54 TRACK CONNECTIONS AND RAIL BONDING [RPI] 34 42 58 TRAIN CONTROL SYSTEMS TESTING [RPI] 34 42 60 MISCELLANEOUS TRAIN CONTROL PRODUCTS [RPI] 34 72 00 TRACKWORK [RPI]

DIVISION 41 - MATERIAL PROCESSING AND HANDLING EQUIPMENT

41 12 19 PNEUMATIC CONVEYING EQUIPMENT [MDG] 41 22 00 HOISTS AND CRANES [MDG]

DIVISION 44 - POLLUTION CONTROL EQUIPMENT

44 41 00 STORM WATER POLLUTION PREVENTION [W2D] DIVISION 45 - INDUSTRY SPECIFIC MANUFACTURING EQUIPMENT

45 39 00 FABRICATED SHOP EQUIPMENT [MDG] Vol 6 of 6: Appendices

APPENDIX A - GEOTECHNICAL INFORMATION APPENDIX B - DRAINAGE REPORT APPENDIX C - PHOTO SURVEY REPORT APPENDIX D - STANDARD URBAN STORMWATER MITIGATION PLAN APPENDIX E - STORMWATER POLLUTION PREVENTION PLAN APPENDIX F - UTILITY REPORT APPENDIX G - ASBESTOS, LEAD-BASED PAINT AND UNIVERSAL HASARDOUS MATERIAL

SURVEY REPORT APPENDIX H NOT USED APPENDIX I - RAINWATER HARVESTING REPORT APPENDIX J ONSITE METHANE REPORT APPENDIX K LOS ANGELES COUNTY DEPARTMENT OF PUBLIC HEALTH


APPENDIX L ENVIRONMENTAL IMPACT REPORT APPENDIX M CITY OF SANTA MONICA MUNICIPAL CODE APPLICABLE TO OFFSITE

CONDITIONS ONLY APPENDIX N - CONTAMINATION REPORT APPENDIX O - METRO GRAPHIC STANDARDS APPENDIX P EXISTING SITE ASBUILTS APPENDIX Q - SRJV DRAWINGS PROVIDED FOR REFERENCE

END OF SECTION 00 01 10

Expo Rail Operations and Maintenance Facility GENERAL CONDITIONS Santa Monica, CA 00 72 23 - 1

DOCUMENT 00 72 23

GENERAL CONDITIONS

A. General Conditions of the Contract written for the for EXPO RAIL OPERATIONS AND MAINTENANCE FACILITY Construction, for the Exposition Metro Line Construction Authority, is a part of this Contract. and is attached.

B. Contractor shall be obligated to and shall specifically consent to the provisions of these

General Conditions and Division 01, to the extent of the work to be performed under this Contract.

END OF DOCUMENT 00 72 23

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TABLE OF CONTENTS ARTICLE PAGE NO. DESCRIPTION NO. GC-01 GLOSSARY................................................................................................................. 1GC-02 INTERPRETATION................................................................................................... 12GC-03 NO AUTHORITY LIABILITY; DISCLAIMER.............................................................. 14GC-04 ROLE AND RESPONSIBILITY OF THE AUTHORITY ............................................. 15GC-05 OBLIGATIONS OF THE CONTRACTOR ................................................................. 15GC-06 REPRESENTATIONS OF THE CONTRACTOR ...................................................... 17GC-07 CONTRACTOR KEY PERSONNEL AND ORGANIZATION..................................... 19GC-08 SUBCONTRACTORS AND SUPPLIERS ................................................................. 20GC-09 SBE REQUIREMENTS ............................................................................................. 23GC-10 PROJECT SCHEDULE............................................................................................. 24GC-11 WORKMANSHIP, MATERIALS, AND GOODS* ....................................................... 25GC-12 COORDINATION AND ACCESS*............................................................................. 26GC-13 CONTRACTORS INTERACTION WITH THE MEDIA AND THE PUBLIC* ............. 27GC-14 GOVERNMENTAL APPROVALS ............................................................................. 29GC-15 LABOR COMPLIANCE AND PAYMENT OF PREVAILING WAGES* ...................... 31GC-16 SAFETY AND LOSS PREVENTION......................................................................... 32GC-17 PROTECTION OF EXISTING STRUCTURES, EQUIPMENT AND

VEGETATION*.......................................................................................................... 34GC-18 RESPONSIBILITY FOR GOODS AND DAMAGE TO WORK* ................................. 34GC-19 CONDITIONS AFFECTING THE WORK*................................................................. 35GC-20 DIFFERING SITE CONDITIONS* ............................................................................. 35GC-21 HAZARDOUS MATERIALS ...................................................................................... 37GC-22 HISTORICAL, ARCHAEOLOGICAL, PALEONTOLOGICAL AND

SCIENTIFIC DISCOVERIES* ................................................................................... 39GC-23 UTILITIES.................................................................................................................. 39GC-24 PROJECT SITE MAINTENANCE ............................................................................. 39



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GC-25 UNAUTHORIZED WORK.......................................................................................... 39GC-26 SURVEY AND VERIFICATIONS* ............................................................................. 39GC-27 PERFORMANCE AND INSPECTIONS* ................................................................... 39GC-28 TEMPORARY AND OTHER FACILITIES ................................................................. 39GC-29 ACCEPTANCE OF ELEMENTS OF THE WORK ..................................................... 39GC-30 SUBSTANTIAL COMPLETION*................................................................................ 39GC-31 FINAL INSPECTION AND ACCEPTANCE OF THE WORK* ................................... 39GC-32 WARRANTY* ............................................................................................................ 39GC-33 TITLE* ....................................................................................................................... 39GC-34 BONDING REQUIREMENTS.................................................................................... 39GC-35 INSURANCE REQUIREMENTS [NOTE: TO BE REPLACED] ............................... 39GC-36 LIABILITY AND INDEMNIFICATION* ....................................................................... 39GC-37 CHANGES AND CHANGE ORDER PROCESS ....................................................... 39GC-38 CHANGES TO CONTRACT TIME OR CONTRACT PRICE..................................... 39GC-39 BASIS FOR ESTABLISHING COSTS ASSOCIATED WITH A CHANGE ................ 39GC-40 COMPENSATION AND PAYMENT .......................................................................... 39GC-41 LIQUIDATED DAMAGES.......................................................................................... 39GC-42 VALUE ENGINEERING PROPOSALS*.................................................................... 39GC-43 MAINTENANCE OF RECORDS AND AUDITS* ....................................................... 39GC-44 CLAIMS..................................................................................................................... 39GC-45 DISPUTES AND DISPUTE RESOLUTION............................................................... 39GC-46 SUSPENSION* ......................................................................................................... 39GC-47 TERMINATION FOR CONVENIENCE OF THE AUTHORITY* ................................ 39GC-48 TERMINATION FOR DEFAULT* .............................................................................. 39GC-49 COOPERATION IN EVENT OF TERMINATION ...................................................... 39GC-50 ASSIGNMENT* ......................................................................................................... 39GC-51 ENVIRONMENTAL COMPLIANCE* ......................................................................... 39GC-52 WHISTLEBLOWER REQUIREMENTS* ................................................................... 39GC-53 RIGHTS IN SHOP DRAWINGS, RECORD DRAWINGS, SAMPLES,

TECHNICAL DATA, PATENTS AND COPYRIGHTS* .............................................. 39GC-54 NOTICES AND COMMUNICATIONS ....................................................................... 39GC-55 NO WAIVER OF CONDITIONS*............................................................................... 39GC-56 SEVERABILITY* ....................................................................................................... 39GC-57 GOVERNING LAW* .................................................................................................. 39GC-58 PUBLIC RECORDS ACT*......................................................................................... 39GC-59 ESCROW OF BID DOCUMENTS ............................................................................. 39GC-60 CONFIDENTIALITY .................................................................................................. 39



5680649.1 iii

GC-61 PROJECT MEETINGS.............................................................................................. 39GC-62 PARTNERING........................................................................................................... 39GC-63 PROVISIONAL SUMS............................................................................................... 39GC-64 GRATUITIES AND CONFLICTS OF INTEREST ...................................................... 39GC-65 LIMITATION ON THIRD PARTY BENEFICIARIES .................................................. 39GC-66 SURVIVAL................................................................................................................. 39GC-67 AGENT TO ACCEPT SERVICE................................................................................ 39 EXHIBITS Exhibit 1 - Authority SBE Program and Authority Small Business Policy Exhibit 2 - Owner Furnished Goods Exhibit 3 - Project Labor Agreement Exhibit 4 - Payment and Performance Bond Forms Exhibit 5 - Schedule of Quantities and Prices Exhibit 6 - Waiver and Release Forms Exhibit 7 - DRB Agreement Exhibit 8 - Regulatory Requirements Exhibit 9 - Labor Compliance Manual



5680649.1 1

GC-01 GLOSSARY

As used in the Contract Documents, the following abbreviations and terms have the meanings set forth below. Additional abbreviations and terms may be found on the General Requirements and other Contract Documents. A. Abbreviations and Symbols

*Flow-down requirement is a clause that must be included in all contracts entered into by the Prime with firms, defined in Article entitled SUBCONTRACTORS AND SUPPLIERS of this Contract

ADA Americans with Disabilities Act of 1990 CDRL Contract Data Requirements List CFR Code of Federal Regulations DOJ U.S. Department of Justice DOT U.S. Department of Transportation EEO Equal Employment Opportunity EEOC Equal Employment Opportunity Commission EPA United States Environmental Protection Agency FAR Federal Acquisition Regulations FTA Federal Transit Administration GAO U.S. Department General Accountability Office NOAA National Oceanic and Atmospheric Administration OSHA United States Department of Labor, Occupational Safety and Health

Administration SBE Small Business Enterprise SCAQMD South Coast Air Quality Management District AUTHORITY Exposition Metro Line Construction Authority (AUTHORITY) U.S.C. United States Code



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B. Definitions Application for Final Payment:

Contractors application to the Authority for final payment submitted after the Authority issues a Certificate of Final Acceptance.

Authority:

The Exposition Metro Line Construction Authority (Authority) or its successor, or any successor in interest or, where appropriate, its Authorized Representative.

Authorized Representative:

A person, persons or firm specifically authorized and empowered to act for or on behalf of the Authority or another named person or entity.

Beneficial Occupancy:

The taking possession of all or a portion of the Work by the Authority for its use and/or occupancy on other than a temporary or emergency basis.

Betterments: The upgrading of a Utility or assets or property of a Third Party that is not attributable to the construction of the Project or is made solely for the benefit of and at the election of the Utility owner or the Third Party, as the case may be. The following actions or activities are not considered Betterments unless otherwise provided in the applicable MCAs: (1) any upgrading which is necessary to complete the Project; (2) replacement devices or materials that are of equivalent standards even though not identical; (3) replacement of devices or materials no longer regularly manufactured with the next highest grade or size; (4) any upgrading required by applicable Government Rules; (5) replacement devices or materials which are used for reasons of economy (e.g., non-stocked items may be uneconomical to purchase); (6) any upgrading required by the Utility owners utility standards, or standards or criteria required by a Third Party, in effect as of the date of execution of the applicable MCA; or (7) any replacement or upgrading which is required to comply with such a Utility or Third Party standard.

Bid Date: The date bids are due to the Authority for the work covered by

this Contract. Certificate of Final Acceptance:

The document issued by the Authority evidencing the Authoritys Final Acceptance of the Work.

Change: An alteration, modification, addition, and/or deletion to the Contract.



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Change Notice (CN): A written notice issued by the Authority to the Contractor describing a proposed Change to the Work and requesting the Contractor to submit a Cost and Schedule Proposal (CSP). A Change Notice is not an order to incorporate revisions into the Work.

Change Order (CO): A written order issued by the Authority that directs a Change to the Work or the Contract Documents and sets forth or establishes the basis for any adjustment to the Contract Price or Contract Time.

Changed Work: The scope of work included in a Change Notice, Directive, or

Change Order. Chief Executive Officer: The Chief Executive Officer of the Authority. Claim: Commissioning:

A written demand by one of the contracting parties submitted in accordance with the Contract provisions. A quality-oriented process for achieving, verifying, and documenting that the performance of facilities, systems, and assemblies meets defined objectives and criteria. The commissioning process formalizes review and integration of all project expectations during planning, design construction, and occupancy phases by inspection and functional performance testing, and oversight of operator training and record documentation in order to comply with the requirements for meeting the LEED pre-requisites and credits for the Project.

Compensable Delay: An Excusable Delay for which the Contractor is also entitled to

an equitable adjustment in the Contract Price. Compensable Event: An action or event for which the Contractor is also entitled to an

equitable adjustment in Contract Price but not Contract Time. Completion Deadlines: The dates established for Substantial Completion, Punch List

Completion, and Final Acceptance, as the case may be. Construction Equipment: Contractor-furnished equipment required to perform the Work. Construction Staging Area: Property available for use by the Contractor during the

construction period for the purpose of storing Materials, Construction Equipment, and coordinating the Work.

Contract: Written contract executed by the Authority and the Contractor,

which sets forth the rights and obligations of the parties in connection with the Work, and which includes the Contract Documents.



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Contract Documents: The documents, drawings, manuals or modifications that collectively constitute the Contract.

Contract Drawings: That part of the Contract showing construction details and the

locations, character, dimensions and details of the Work. Contractor: The individual, firm, partnership, corporation, joint venture or

combination thereof that has entered into the Contract with the Authority.

Contract Time: The number of calendar days allowed for completion of the

Work, including any authorized extensions of time. Contract Time shall begin on the date specified in the NTP.

Critical Path: The planned sequence of activities with a logical relationship

for the elements of the Work that control the time of completion of the Work, as depicted on the Critical Path Schedule. The Critical Path with respect to a specific Contract Deadline is the path with the least Float.

Critical Path Schedule: The document that depicts the planned sequence of activities showing the interrelationships and dependencies of the elements that comprise the Work, including a breakdown of all of the elements of the Work into individual tasks, the number of days required to perform each task, and their logical relationship to complete the Work within the Contract Time.

Days: Unless otherwise stated, Days shall mean calendar days.

When a required submittal due date falls on an Authority non-business day, submittal shall be on the next business day.

Deficiency: An defect, unapproved deviation, omission, or other problem,

relating to materials, workmanship, or construction, that results in the Work or a specified portion thereof not complying with the Contract Documents.

Differing Site Condition:

A subsurface or latent physical conditions at the Site that differ materially from those indicated in the Contract Documents, and physical conditions at the Site of an unusual nature, differing materially from those ordinarily encountered in the area and generally recognized as inherent in the type of Work provided for in the Contract; provided that in all cases that the Contractor had no actual or constructive knowledge of such conditions as the Contract Date. The term Differing Site Condition specifically includes the discovery at, near, or on the Site, of any archaeological, paleontological or cultural resource that requires a new State or Federal environmental review and approval; provided that the existence of such resource (1) was



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not disclosed in the Contract Documents; (2) was not otherwise known to Contractor prior to the Bid Date, and (3) would not have become known to Contractor by undertaking reasonable investigation prior to the Bid Date. The term Differing Site Conditions specifically excludes Utilities identified in the General Requirements or other Contract Documents, Hazardous Materials identified in the General Requirements or other Contract Documents, and any difference in groundwater depth from the depths noted in the Contract Documents.

Directive: A Direction issued by the Authority, or its Authorized

Representative, to proceed with the Work or a portion thereof, whether the Work is within the original scope of the Contract or is added, deleted, or changed. A Directive may also provide clarification or interpretation of any element of the Contract Documents.

Environmental Law: All Governmental Rules now or hereafter in effect relating to the

environment or to emissions, discharges, releases or threatened releases of Hazardous Substances into the environment including into the air, surface water or ground water or onto land, or relating to the manufacture, processing, distribution, use, treatment, storage, disposal, transport or handling of Hazardous Substances or otherwise relating to the protection of public health, public welfare or the natural environment (including protection of nonhuman forms of life, land, surface water, groundwater and air), including Section 306 of the Clear Air Act (42 U.S.C. 1857(h), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, Environmental Protection Agency Regulations (40 C.F.R. Part 15) and California Environmental Quality Act (CEQA).

Ethics Policy: The Authority Policy that governs the conduct of all employees,

consultants/contractors, and Board members/alternates of Authority.

Excusable Delay: A delay to the Critical Path Schedule that satisfies the

conditions and requirements set forth in this Contract for an increase in Contract Time and excuses the Contractor from liquidated damages or other sanctions under this Contract.

Final Acceptance: The written notice from the Authority accepting the Work and

determining that all required tasks and elements of the Work have been completed in compliance with all requirements and standards in the Contract Documents, as more specifically described in GC-31.

Float:

The difference between the early completion time and the late completion time for an activity on the Critical Path Schedule, including any float contained within an activity as well as any



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Force Majeure:

period containing an artificial activity (that is, an activity not encompassed within the meaning of the term Work. Float is jointly owned; it is not for the exclusive use or benefit of either party hereto.

Any of the following events (provided such events are beyond the control of the Contractor and are not due to an act or omission of the Contractor or any Subcontractor or other Person for whom Contractor may be contractually or legally responsible) which materially and adversely affects the Contractors obligations hereunder and which event (or the effects of which event) could not have been avoided by due diligence and use of reasonable efforts by the Contractor:

1. An earthquake exceeding 3.5 on the Richter scale and epicentered within 25 miles from the specific location of damage on the Worksite, an earthquake exceeding 5.0 on the Richter scale and epicentered 50 miles from the specific location of damage on the Worksite, or an earthquake exceeding 6.5 on the Richter scale and epicentered 75 miles from the specific location of damage on the Worksite; in all cases based on the final determination regarding the location and magnitude of the earthquake published by the National Earthquake Information Center in Golden, Colorado, and any tidal wave that causes damage to the Work.

2. Any epidemic, hurricane, fire, flood, blockage, rebellion, war, riot, act of sabotage, act of terrorism, or civil unrest.

3. The discovery at, near or on the Worksite of any archaeological, paleontological, biological or cultural resources; provided that the existence of such resources was not disclosed by the Authority.

4. Any change in a Governmental Rule, or change in the judicial or administrative interpretation of, or adoption of any new Government Rule which is materially inconsistent with Government Rules in effect on the Bid Date and which directly impacts the cost or time of performing the Work.

5. A decision of a court that enjoins or restrains the Work.



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6. The discovery at, near or on the Worksite of any archaeological, paleontological, biological or cultural resources or Hazardous Substances; provided that the existence of such resources or substances was not disclosed by the Authority.

The term Force Majeure does not include (A) delays in Utility Relocation; (B) Differing Site Conditions; (C) strikes or labor disputes with a duration of less than sixty (60) Days, or (D) shortages of Materials that are due to acts or events outside the United States.

Furnish: Goods:

Supply and deliver to the Worksite, ready for unloading, unpacking, assembly, installation, and similar operations. Equipment, Materials, and other products incorporated into or required to perform the Work, or otherwise furnished by the Contractor in accordance with the Contract Documents. Unless otherwise explicitly identified otherwise, Goods shall be provided by the Contractor.

Government Entity: Any Federal, State, or local government and any political

subdivision or any governmental, quasi-governmental, judicial, public or statutory instrumentality, administrative agency, authority, body or entity other than the Authority.

Governmental Approval: Approval, authorization, certification, consent, license, permit

registration or ruling, issued by any Government Entity required for performance of the Work.

Government Rule: Any Federal, State, or local statute, law, regulation, ordinance,

judgment, order, permit, concession, grant, license, agreement, directive, or other governmental restriction or any similar form of decision or determination by, or any interpretation or administration of any of the foregoing by, any Governmental Entity, which is applicable to the Work or the Project, whether now or hereafter in effect.

Hazardous Substances/Hazardous Materials:

Any substance, or combination of substances which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness, or pose substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise mismanaged. Includes flammable, toxic or radioactive substances. A substance may be a hazardous substance if it meets the statutory definition or has been so defined by Federal or State statute or regulations.



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Incidental Utility Work: Indicated:

Work performed to support, or made necessary by, Relocation Work, including temporary Relocations, Utility appurtenance adjustments, purchases and installation of conduits, and resurfacing of streets and sidewalks and re-stripping of streets. Requirements expressed by graphic representations or in written form on Drawings, in Specifications, and in other Contract Documents. Other words including shown, noted, scheduled, and specified have the same meaning.

Inexcusable Delay: Any delay that does not meet the requirements for an Excusable Delay and thus does not serve as the basis for an increase in the Contract Time.

Install/Installation: Completing assembly, erecting, anchoring, placing, and/or connecting Materials, parts, components, supplies and related equipment specified and/or required for the completion of the Work.

Key Personnel: The Contractors Project Manager, Construction Manager,

Procurement Manager, Major Equipment Installation and Commissioning Manager, Environmental/LEED Manager, Safety Manager, Chief Scheduler, QA/QC Manager, or personnel performing equivalent functions.

Key Subcontractor: A Subcontractor responsible for performing one or more of the following: (a) trackwork/rail; (b) train control; (c) traction power; (d) communications; (e) overhead catenary system (OCS); or (f) Major Equipment supply and installation/testing.

Major Subcontract: Any subcontract for more than one-half of one percent (or 0.5%) of the Contract Price.

Master Cooperative Agreement (MCA):

Written agreements between the Authority and a Third Party that establish the processes and conditions applicable to the impact of the Project on Third Party owned property/facilities.

Materials: Goods, products, equipment and/or articles incorporated into

the Work or required to be furnished by the Contractor. Metro or MTA: The Los Angeles County Metropolitan Transportation Authority. Modification: Any written addition, deletion, or alterations to the Contract or

the Work, including unilateral and bilateral Change Orders and Contract Amendments.

Notice of Non-Conformance (NCN):

Written notice from the Authority to the Contractor that Work is not in conformance with the Contract.



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Notice of Intent to Claim (NOIC):

Notice from the Contractor to the Authority regarding a Claim, as described in GC-44.

Notice of Termination: Written notice from the Authority to the Contractor and its

surety terminating the Contract, or a portion thereof, either for convenience of the Authority or for default due to the Contractors failure to perform its contractual obligations.

Notice to Proceed (NTP): Written authorization from the Authority to the Contractor

specifying the date on which Work under the Contract is to be initiated.

Payment Bond: A surety bond which guarantees that the Contractor will cover

payments of all obligations under contract and guarantees against breach of contract.

Performance Bond: A surety bond which guarantees that the Contractor will fully

perform contract and guarantees against breach of contract. Person: Any individual, corporation, company, association, trust,

unincorporated organization, or Government Entity other than the Authority.

Planned ROW Limits: The boundaries of the Project, depicting where the Work will be

performed, as identified in the layout plans in the Contract Documents.

Product Data:

Illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate a Material, product or system for a portion of the Work.

Project Manager for Contractor:

Individual designated and authorized by Contractor in accordance with GC-07.

Project: Protection in Place: Provide:

The Work to be performed pursuant to this Contract. Any activity undertaken to avoid damaging a Utility that does not involve removing or relocating that Utility, such as staking the location, installing steel plating or concrete slabs, or installing other physical barriers. Furnish and install, complete and ready for the intended use.

Punch List: The list of Work, as established by the Authority, that remains

to be completed after achievement of Substantial Completion and shall generally be limited to minor incidental items of Work necessary to correct imperfections that have no adverse effect on the safety, use or operability of the Project, but must be completed as condition of the Contract requirements.



5680649.1 10

Punch List Completion: Completion of all items of Work identified on the Punch List that

are required to be done following Substantial Completion and necessary for Final Acceptance as defined by GC-27.

Reference Codes: Reference Documents:

Federal, State or local governmental codes, ordinances or regulations, or trade organization codes. Information and materials provided for purposes of information or coordination only, and not considered part of the Contract Documents.

Reference Drawings: Those drawings identified as For Information Only, Not for

Construction . Reference Standards: Authoritative principles, rules, models, and the like used to

determine or establish the acceptability of Material, equipment, Work, procedures or workmanship which are physically located in other documents and are incorporated into the Contract only by reference. The Reference Standards shall have the same force and effect as if their full text were physically incorporated in the Contract.

Regular Work Day: Eight (8) consecutive working hours, allowing up to one non-

working hour for lunch and breaks, unless otherwise agreed to by the Contractor and the Authority.

Regular Work Week: Five (5) working Days within a seven (7) day period. Relocation: Any removal, relocation, abandonment and/or Protection in

Place (including provision of temporary facilities as necessary) of any Utility that is necessary in order to accommodate or permit construction of the Project.

Request for Acceptance of Work:

Contractors request for Authoritys Acceptance of Work submitted by Contractor upon its determination that all Work has been completed.

Request for Change (RFC): A written request to the Authority from the Contractor identifying

desired revisions to the Contract. Request for Information (RFI): A written request to the Authority from the Contractor

requesting clarification of or information on a portion of the Work.

Schedule of Quantities and Prices:

A comprehensive listing of specific tasks together with a specific unit of measurement and a Unit Price. Also known as Bid Pricing Forms.



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Small Business Enterprise (SBE):

A firm certified as a Small Business concern by one of the following entities (the firm must meet the specific size and related Small Business certification standards of the Certifying Agency):

(1) California Department of General Services (DGS) -- Procurement Divisions (PD) -- Office of Small Business and Disabled Veterans Business Enterprise Services (OSDS) -- certified Small Business or Micro Businesses;

(2) Los Angeles County Metropolitan Transportation Authority (Metro) -- certified Small Businesses; and

(3) A California Unified Certification Program (CUCP) certifying agency -- certified Disadvantaged Business Enterprise (DBE).

State: State of California. Subcontractor: Any individual, firm, partnership, corporation, joint venture or

combination thereof, other than employees of the Contractor, who enters into a subcontract with the Contractor to furnish services, labor, equipment or Materials as a portion of the Work. Unless otherwise specified, Subcontractor includes Subcontractor of any tier, and excludes Suppliers, manufacturers and distributors.

Substantial Completion: Completion of the Work, other than Punch List items, as more

specifically described in GC-30. Substitution: A product, service, component or system that the Contractor

requests to use in lieu of that specified in the Contract. Supplier: Any individual, firm, partnership, corporation, joint venture or

combination thereof, other than employees of the Contractor, that furnishes a tangible product to the Contractor or a Subcontractor in connection with the Work, such as machinery, equipment, Materials, or systems. The term Suppliers includes fabricators and materials dealers, but does not include individuals or firms who merely transport, pick-up, or deliver Materials, equipment, or personnel to the Worksite.

Surety: A company whose business is to assume responsibility for the

performance or payment obligation of the Contractor. Technical Specifications: The specifications, drawings, and other Contract Documents

that describe the locations, dimensions, character, properties, performance requirements, and other details of the Work.



5680649.1 12

Third Party: A Government Entity, the Utility owner, or other entity that enters into a MCA, Utility Agreement, or similar agreement with the Authority relating to the Work or the Project or that has an approval role or other jurisdiction over any element of the Work.

Total Contract Price/ Contract Price:

The Contract amount authorized that can be paid to the Contractor in accordance with the terms of the Contract.

Unit Price: The value set by the Contractor in the Schedule of Quantities

and Prices for a single reoccurring item of Work or group of items commonly regarded as a single entity, that is inclusive of all fundamental and incidental costs and exclusive only of costs associated with any other Unit Price of Work.

Utility: Any privately, publicly, or cooperatively owned line, system, or

facility for transmitting or distributing communications, cable television, power, electricity, gas, oil, water, steam, waste, or a similar commodity. The term does not include traffic signals, ramp metering systems, flashing beacon systems, or lighting systems.

Work: All materials, goods, management, construction, and tasks and

services performed produce the results specified, indicated, or implied in the Contract. Work includes all labor necessary to produce the tasks as required by the Contract.

Worksite or Site: Area within which the onsite portions of the Work will be

performed, which is enclosed by the Planned ROW Limits, including immediately surrounding streets and/or easements (see Contract Drawings), Constructive Staging Areas, and offsite areas used in connection with the performance of the Work or the storage of Materials or Goods. The extent of the Site may or may not be identical to the description of the real property on which the Project is to be built.

Additional definitions may be found in the General Requirements and the Technical Specifications.

GC-02 INTERPRETATION

A. Reference Drawings

Drawings indicated as For Information Only, Not For Construction are provided to the Contractor for the purposes of information and coordination only and shall not be interpreted otherwise. These drawings are subject to revision and the information contained therein shall not be used directly or indirectly as the basis for any Claim.



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B. Differences Between Drawings

In case of differences between small and large scale drawings, the large scale drawings shall govern. In the event of a discrepancy between a figure written on a drawing and the scaled dimensions, the written figure shall govern.

C. Precedence in the Event of Any Conflict of Contract Documents

In the event of a conflict between Technical Specifications or drawings which are specific to this Project and any Standard Specifications or Standard Drawings, the Project specific specifications and drawings shall prevail. In the event of a conflict between Contract Documents of equal precedence, the more stringent requirements shall prevail.

D. Explanations

If it appears that the Work to be performed is not sufficiently detailed or explained in the Contract, the Contractor shall apply to the Authority in writing for such further written explanations as may be necessary and shall conform to the explanation given.

E. Omissions and Misdescriptions

1. The Contractor shall carefully and continuously study and compare all Contract Documents; shall verify all figures in the Contract Documents before laying out the Work; shall promptly notify the Authority of all errors, inconsistencies and/or omissions that it discovers; and, in instances where such non-conformities are discovered, shall obtain specific clarifications in writing from the Authority before proceeding with the Work. Any Work affected which is performed prior to the Authoritys decision shall be at the Contractors risk. The Contractor shall not take advantage of any apparent non-conformity that may be found in the Contract Documents.

2. The Authority shall be entitled to make such corrections and interpretations as it may deem necessary for the fulfillment of the intent of the Contract. Omissions or misdescriptions of any Work that are clearly necessary to carry out the intent of the Contract or that are customarily performed, and of which the Contractor fails to advise the Authority, shall not relieve the Contractor from performing such Work at no additional expense and/or delay, and such Work shall be performed as if fully and correctly set forth in the Contract.

F. Verification of Governing Dimensions

Before commencing Work, the Contractor shall verify all governing dimensions at the Worksite and shall examine all adjoining Work on which its Work is in any way dependent. The Contractor shall notify the Authority of any defective or non-conforming adjoining dimensions that are observed before the Contractor begins that part of the Work.



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G. Applicability of Industry Standards

Unless the Contract Documents include more stringent requirements, applicable construction industry standards have the same force and effect as if bound or copied directly into the Contract Documents to the extent referenced. Such standards are made a part of the Contract Documents by reference. The Contractor and each Subcontractor should be familiar with the industry standards applicable to its construction activity.

H. Publication Dates

The Contractor shall comply with standards in effect as of the Bid Date, unless otherwise indicated.

I. Headings

The various topical headings contained in the Contract are intended for convenience only and shall not affect the meaning or interpretation of the Contract or any of its provisions.

GC-03 NO AUTHORITY LIABILITY; DISCLAIMER

A. No Authority Liability

The Authority will not be responsible or liable in any respect for any loss, damage, injury, liability, cost, or cause of action suffered by the Contractor, by reason of use of information contained in the Contract Documents or Reference Documents or action or forbearance in reliance thereon, except to the extent that the Authority has determined that the Contractor shall be entitled to an increase in the Contract Price and/or extension of a Completion Deadline with respect to such matter in accordance with GC-37 and 38 hereof. To the extent the Contractor or anyone on the Contractors behalf uses any of such information in any way, such use is made on the basis that the Contractor, not the Authority, has approved and is responsible for such information; and the Contractor is capable of conducting, and is obligated to conduct, all studies, analyses and investigations as it deems advisable to verify or supplement such information, and that any use of such information is entirely at Contractors own risk and at its own discretion.

B. Authority Disclaimer

The Authority does not represent or warrant that the information contained in the Reference Documents is either complete, reliable, or accurate, or that such information is in conformity with the requirements of the Contract Documents. The Reference Documents are not included in Contract Documents. Information in the Reference Documents and Reference Materials is provided for purposes of information and coordination only, and cannot be used directly or indirectly as the basis for a claim. Further, the Authority does not represent or warranty the accuracy or completeness of any itemized list set forth in the General Requirements.

C. Information Furnished by Others

The Authority will not be responsible or liable in any respect to any loss, damage, injury, liability, cost, expense or cause of action whatsoever suffered by the Contractor by



5680649.1 15

reason of its use of any information furnished by others, or for any actions of forbearance in reliance thereon, subject to any rights the Contractor may have to a change under GC37 and 38 hereof.

GC-04 ROLE AND RESPONSIBILITY OF THE AUTHORITY

A. Overall Role

The Authority has the final approval in all matters relating to or affecting the Work. The Authority shall give approval of, and order Changes in, the Work and shall review and approve the Contractors invoices and authorize payments. The Authority shall review all Contractor submittals for approval or rejection.

B. Effect of Reviews, Inspections, Tests and Approvals

The Contractor shall not be relieved of any obligation to perform the Work in accordance with the Contract Documents because of any review, test, inspection or approval performed or granted by any persons, or by any failure of any person to take such action. The reviews, inspections, tests and approvals conducted by the Authority, Program Management Consultant, Utility owners, Government Entities and others do not constitute acceptance of the materials or Work reviewed, tested, or inspected. The Authority may reject or accept any Work or materials, and may request changes and/or identify additional Work which must be done, at any time prior to Final Acceptance as specified in GC-31, whether or not previous reviews, inspections, tests or approvals were conducted by any such persons.

C. Right of Way

The Authority shall provide the Contractor with access to the Right of Way in order to allow Work to be performed. The Contractor shall be responsible for obtaining, at its cost, any temporary easements or other real property interests which Contractor deems necessary or advisable in connection with construction of the Project.

GC-05 OBLIGATIONS OF THE CONTRACTOR

A. General Responsibility

The Project Manager for the Contractor shall supervise and direct the Work, in accordance with the Contract. The Contractor shall be solely responsible for implementation of all construction means, methods, techniques, sequences, and procedures and for coordination of all portions of the Work under the Contract. The Contractor shall be solely responsible for the safety of its employees and third parties.

B. Applicable Governmental Rules

The Contractor shall familiarize itself with and perform the Work in conformity with requirements and standards of Authority, municipal and public agencies, public and private utilities, special districts, and railroad agencies whose facilities and services may be affected by Work under this Contract. Contractor shall comply with all Federal, State and local laws, regulations, and ordinances.



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C. Services, Materials, and Labor

The Contractor shall furnish all services, provide all Materials and labor, and undertake all efforts necessary or appropriate (excluding only those Goods, services and efforts which the Contract Documents expressly state will be undertaken by the Authority or other Persons) to perform the Work and maintain the Project during construction in accordance with the requirements of the Contract Documents and all Government Rules and Governmental Approvals, so as to achieve Substantial Completion, Punch List Completion, and Final Acceptance by the applicable Completion Deadlines. All drawings and materials developed by the Contractor as a part of its performance of the Work shall be the property of the Authority. Upon completion of all Work, upon the termination or cancellation of the Work, all drawings and materials shall be delivered to the Authority prior to final payment. All other materials provided to the Contractor by the Authority to perform the Work shall be retained by the Authority at completion, termination, or cancellation of the Work.

D. Scheduling

The Contractor shall schedule and direct the Contractors Work to provide an orderly work progression, achieve on-time completion of all Contract Milestones set forth in the Critical Path Schedule, and complete its Work within the Contract Time. To accomplish this requirement, the Contractor shall furnish such employees, material, facilities and equipment, and work such hours (including extra shifts, overtime operations, Sundays and holidays), as may be necessary.

E. Means and Methods

The Contractor shall be solely responsible for the performance of the Work, in accordance with its own means, methods, sequences, and procedures, and for coordination of all portions of the Work in compliance with this Contract.

F. Ascertaining Facts

The Contractor shall be solely responsible for its failure to ascertain the facts and take the actions described, represented, warranted and acknowledged herein and no provision of this Contract shall be construed to relieve the Contractor from responsibility for such failure.

G. Subcontractors and Suppliers

The Contractor shall be responsible for the acts and omissions of its Subcontractors and Suppliers.

H. Cooperation

The Contractor shall cooperate with the Authority and its representatives and agents, Metro, the Phase 2 Design Build Contractor and other contractors or the Authority, Utility owners, and Third Parties in all aspects of its performance of the Work, including inspections.



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I. Payment of Taxes

The Contractor shall pay all applicable Federal, State and local sales, consumer, use and similar taxes, property taxes and any other taxes, fees, charges of levies imposed by a Government Entity, whether direct or indirect, relating to, or incurred in connection with, the performance of the Work.

J. Mitigation of Delay

The Contractor shall mitigate delay to the Project and mitigate damages due to delay in all circumstances, to the extent possible, including by re-sequencing, reallocating, or redeploying Contractors forces to other work, as appropriate.

K. Safety and Security

The Contractor shall meet all safety and security requirements as required by applicable law and/or established by the Authority, and address safety concerns raised by the Authority.

L. Conservation

The Contractor shall coordinate all construction activities to ensure that operations are carried out with consideration given to the conservation of energy, water, and Materials, and shall coordinate use of temporary Utilities to minimize waste.

GC-06 REPRESENTATIONS OF THE CONTRACTOR

A. Feasibility

The Contractor has evaluated the feasibility of performing the Work within the Contract Time and for the Contract Price, and warrants that such performance (including achievement of Substantial Completion, Punch List Completion, and Final Acceptance by the applicable Completion Deadlines, for the Contract Price) is feasible and practicable.

B. Review of Information

The Contractor has, in accordance with prudent and generally accepted engineering and construction practices, reviewed any drawings and any geotechnical and hydrology reports provided by the Authority, inspected and examined the Site and surrounding locations, and undertaken other appropriate activities sufficient to familiarize itself with surface and subsurface conditions, and with other conditions bearing on transportation, disposal, and handling of materials and equipment, and with availability of water, electric power, and roads, affecting the Project, all to the extent the Contractor deemed necessary or advisable. The Contractor further acknowledges and agrees that:

1. As a result of such review, inspection, examination and other activities, the Contractor is familiar with and accepts the physical requirements of the Work;



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2. If and to the extent the Contractor or anyone on the Contractors behalf uses any of the above-referenced information in any way, the Contractor (and not the Authority) shall be fully responsible for the use of such information;

3. Any use of such information is entirely at the Contractors own risk and at its own discretion.

4. It has been afforded the opportunity to review information and documents and to conduct inspections and tests of the Worksite and surrounding locations as described above;

5. Changes in conditions at the Worksite may occur after the Bid Date, and that the Contractor shall not be entitled to any Modification or Change Order in connection therewith except as expressly permitted under this Contract;

6. Before commencing any Work on a particular portion of the Project, the Contractor shall verify all governing dimensions at the Site, and shall examine all adjoining Work that may have an impact on such Work, and

7. The Contractor shall ensure that the Construction Documents accurately depict all governing and adjoining dimensions and conditions.

C. Conduct of Studies

The Contractor is capable of conducting and is obligated hereunder to conduct any and all studies, analyses, and investigations as it deems advisable to verify or supplement any information furnished by the Authority or other Persons.

D. Government Rules and Governmental Approvals

The Contractor has familiarized itself with the requirements of any and all applicable Government Rules and the conditions of any required Governmental Approvals prior to entering into this Contract. The Contractor acknowledges and agrees that it is responsible for complying with Government Rules and, except as otherwise provided in the Contract Documents, for obtaining Governmental Approvals at its sole cost and without any increase in Contract Price or extension of any Completion Deadline on account of such compliance, regardless of whether such compliance would require additional time for performance or additional labor, equipment and/or materials not expressly provided for in the Contract Documents.

E. Independent Contractor*

The Contractor represents that it is fully experienced and properly qualified to perform the class of Work required for the Contract and that it is properly licensed, equipped, organized and financed to perform the Work. The Contractor shall be an independent Contractor. The Contractor is not an agent of the Authority in the performance of the Contract, and shall maintain complete control over its employees and its Subcontractors and Suppliers of any tier. Nothing contained in the Contract or any subcontract awarded by the Contractor shall create any contractual relationship between any Subcontractor and the Authority. The Contractor shall perform the Work in accordance with its own methods and in compliance with the terms of the Contract.



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GC-07 CONTRACTOR KEY PERSONNEL AND ORGANIZATION

A. Organization

Within fifteen (15) Days after the NTP, the Contractor shall submit for Authority review and acceptance an organization chart showing the proposed organization established by the Contractor for the performance of the Work, including:

1. Lines of authority, responsibility and communication;

2. Office organizations, if any; and

3. Names, titles and functions of the Contractors Project Manager and other Key Personnel.

B. Project Manager

The Contractor shall have a Project Manager with full responsibility for the prosecution of the Work who will act as a single point of contact in all matters on behalf of the Contractor. The Authority reserves the right to give direction to the Project Manager as necessary to complete the Work on schedule.

C. Change in Project Manager or Other Key Personnel

The Contractor shall secure the prior written approval of the Authority for any change or reassignment of a Project Manager or other Key Personnel. Such approval will not be unreasonably withheld. Any request for replacement of Key Personnel shall include the qualifications and experience of the proposed new individual, which shall be substantially comparable to the individual being replaced. The Contractor shall not reassign Key Personnel to other projects until a satisfactory replacement has been approved by the Authority.

D. Removal of Contractor Personnel

If the Authority determines that any individual employed by the Contractor or by any Subcontractor is not performing the Work in a proper and skillful manner, then at the written request of the Authority, the Contractor or Subcontractor shall remove such individual and such individual shall not be re-employed for any Work without the prior written approval of the Authority. If the Contractor or the Subcontractor fails to remove such individual or individuals or fails to furnish skilled and experienced personnel for the proper performance of the Work, then the Authority may suspend the affected portion of the Work by delivery of written notice of such suspension to the Contractor. Such suspension shall in no way relieve the Contractor of any obligation contained in the Contract Documents or entitle the Contractor to an extension of time, additional payment, or Change Order. Once compliance is achieved, the Contractor shall be entitled to and shall promptly resume the Work.

E. Compliance with Laws; Equal Employment Opportunity*

1. The Contractor shall comply with all requirements of all applicable Government Rules, including:



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a. The California Labor Code and implementing regulations, including requirements with respect to prevailing wages, nondiscrimination, and employment and training of apprentices, as more specifically described in the Labor Compliance Manual;

b. All Environmental Laws, including requirements regarding the handling, generation, treatment, storage, transportation and disposal of Hazardous Waste; and

c. All requirements regarding nondiscrimination.

2. During the performance of the Work, the Contractor shall not discriminate against any person or group of persons on account of race, color, religion, creed, national origin, ancestry, physical handicap, medical condition, age, marital status, sex or sexual orientation.

3. The Contractor confirms that it has an equal employment opportunity policy ensuring equal employment opportunity without regard to race, color, national origin, sex, age, religion or handicap; and that it maintains no employee facilities segregated on the basis of race, color, religion or national origin.

GC-08 SUBCONTRACTORS AND SUPPLIERS

A. Listing of Subcontractors

1. The Contractor shall provide the Authority with a list of all Subcontractors within thirty (30) Days after the NTP and shall update that list monthly throughout the Contract term. The list shall identify those Subcontractors that qualify as Small Business Enterprises, and shall identify the number and title of the specification section or Drawing to be covered by each Subcontract. The list shall also include each Subcontractors name, address, and telephone number, and the name and email address of a contact person.

2. Except for Major Subcontractors listed with its original bid, the Contractor shall not enter into any agreement or subcontract with a Major Subcontractor without the prior review and written approval of the Authority.

B. Performance of Work*

1. The Contractor shall perform not less than forty percent (40%) of the Work with its own forces.

2. The Contractor shall be fully responsible to the Authority for all acts and omissions of its own employees and of Subcontractors, Suppliers and their employees. The Contractor shall also be responsible for coordinating the Work performed by Subcontractors and Suppliers.

3. When a portion of the subcontracted Work is not performed in accordance with the Contract, or if a Subcontractor commits or omits any act that would constitute a breach of the Contract, the Subcontractor shall be replaced at the request of



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the Authority and shall not again be employed on the Work. In such a case, the Contractor shall be responsible for re-performing the Work.

4. The Contractor shall comply with the requirements of State law regarding prompt payment of Subcontractors.

5. The Contractor may only use Key Subcontractors that have been pre-qualified by the Authority.

C. Acceptance of Substitution of Subcontractor*

In compliance with 4100 et. seq. of the California Public Contract Code, the Contractor shall notify the Authority in writing of any proposal to substitute a Subcontractor in place of a Subcontractor listed in the Contractors bid or subsequently approved by the Authority. If the Subcontractor to be replaced is a Major Subcontractor or a SBE, the Contractor must obtain the Authoritys prior written approval of such substitution. In addition, if the Subcontractor is an SBE, the Contractor shall submit documentary evidence of its efforts to replace the SBE with another SBE, including a dated log of SBE firms, contact persons, phone numbers, and methods used for follow-up solicitation. The Contractor shall submit information in the same form and content as in the bid form entitled List of Proposed Subcontractors contained in the Contractors original bid.

D. Debarred Subcontractors*

1. In accordance with Public Contracts Code 6109(a), Contractor shall not perform Work with any Subcontractor who is ineligible to perform work on a public works project pursuant to Labor Code 1777.1 or 1777.7.

2. In accordance with Public Contracts Code 6109(b), any contract on a public

works project entered into between the Contractor and a debarred Subcontractor is void as a matter of law. A debarred Subcontractor may not receive any public money for performing work as a Subcontractor on a public works contract, and any public money that may have been paid to a debarred Subcontractor by the Contractor on the project shall be returned to the awarding body. The Contractor shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the project.

E. Flow Down Requirements

The Contractor shall incorporate the following into each Subcontract and require insertion of same into all lower tier Subcontracts:

1. All Articles, Sub-articles, or portions of the Contract noted by a star (*) shall be included in all Subcontracts of any tier.

2. All provisions required by law, regulation, rule, or the Contract to apply to Subcontractors shall apply to all Subcontracts of any tier.

3. By virtue of signing the Subcontract, the following apply:



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a. The Subcontractor acknowledges and agrees that the Subcontractor shall assume toward the Contractor all of the obligations and responsibilities that the Contractor assumes toward the Authority under the Contract between the Contractor and the Authority (Prime Contract), and shall perform all Work to be performed by the Subcontractor under this subcontract in accordance with the Prime Contract, which is incorporated by reference into and made part of this subcontract. Nothing contained in the Prime Contract shall create any Contractual relationship between the Subcontractor and the Authority.

b. The Subcontractor agrees that it shall have the same duties and obligations to the Contractor with respect to its performance of its own Work as the Contractor has to the Authority under this Contract, and that it will make such schedule commitments, and shall submit such schedules and other required information as may be necessary for the Contractor to meet its schedule and reporting obligations to the Authority.

c. The Subcontractor agrees that all Work being performed and all Materials and Goods being furnished shall comply with the requirements of the Contract Documents.

d. The Contractor and the Subcontractor agree that the Authority is the third-party beneficiary of the Subcontract and shall have the right to enforce all of the terms of the Subcontract for its own benefit. All guarantees and warranties, express or implied, shall inure to the benefit of both the Authority and the Contractor during the performance of the Work; upon final completion of the Work, such guarantees and warranties shall inure to the benefit of the Authority.

e. The Contractor and the Subcontractor agree that nothing contained in the Subcontract shall be deemed to create any privity of contract between the Authority and the Subcontractor, nor does it create any duties, obligations, or liabilities on the part of the Authority to the Subcontractor except those allowed under California law. In the event of any Claim or dispute arising under the subcontract and/or the Contractors Contract with the Authority, the Subcontractor shall look only to the Contractor for any payment, redress, relief, or other satisfaction. The Subcontractor hereby waives any Claim or cause of action against the Authority arising out of the Subcontract.

F. Form of Subcontract

The Authority shall have the right to review the form of subcontract used by the Contractor and to require modifications to conform to the requirements of this Contract.

G. Insurance*

The Contractor shall not allow a Subcontractor to perform Work at the Worksite until the Contractor has supplied satisfactory evidence of required insurance to the Authority, in compliance with GC-35 on insurance.



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GC-09 SBE REQUIREMENTS

A. SBE Program

The Contractor shall comply with all elements of the Authoritys SBE Program set forth in Exhibit 1 hereto. Consistent with that Program and its objectives, the Authority and the Contractor shall take all necessary and reasonable steps to ensure that SBEs have a full and equal opportunity to compete for and perform contracts and subcontracts.

B. Small Business Enterprise Goal

The Contractor has committed to achieve a level of participation greater than or equal to the SBE 17% goal established by the Authority for this Project. The Consultant will comply with the Authoritys Small Business Enterprise Policy and related Small Business requirements as detailed in Exhibit 1 hereto.

C. Breach

Failure of the Contractor or a Subcontractor to carry out the requirements set forth in this Section shall constitute a breach of Contract and may result in termination of the Contract by the Authority or exercise of other remedies provided in the Contract Documents.

D. SBE Reports

The Contractor shall provide reports to Authority each month regarding the progress of SBE participation and at such other times as the Authority may reasonably require. The Contractor shall attach to the reports written confirmation from identified SBE firms that they are participating in the Work. If, based on the reports provided by Contractor, the Authority determines, in its judgment, that Contractor is not complying with the SBE Policy, then the Authority shall so advise Contractor in writing and Contractor shall have ten (10) Days after receipt of such notice to meet with Authority and agree upon a course of action which will demonstrate to Authority that the Contr