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HomeMy WebLinkAboutRandall Construction; 2005-06-06; FAC05-03ADGC# 2006-0059344 RECORDED REQUESTED BY CITY OF CARLSBAD AND WHEN RECORDED PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 JAN 26, 2006 1:06 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY.J. SMITH. COUNTY RECORDER FEES: 0.00 PAGES: 1 Space above this line for Recorder's use. PARCEL NO: 2090502600 NOTICE OF COMPLETION Notice is hereby given that: 1. The undersigned is owner of the interest or estate stated below in the property hereinafter described. 2. The full name of the undersigned is City of Carlsbad, a municipal corporation. 3. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California 92008. 4. The nature of the title of the undersigned is: In fee. 5. A work or improvement on the property hereinafter described was completed on November 3, 2005. 6. The name of the contractor for such work or improvement is Randall Construction 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: Safety Center Auditorium Remodel Replacement, Agreement Number FAC 05-03A. 8. The street address of said property is various locations. LSBX Greg Clavier Public Works Manager 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 January 10 , 20 06 . accepted the above described work as completed and ordered that a Notice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on January 21 20 06 . at Carlsbad, California. CITY OF CARLSBAD ^^•^*u*=\ Word\Masters\Forms\Notice of Completion (City)3/9/98 CITY OF CARLSBAD ACCEPTANCE OF PUBLIC IMPROVEMENTS COMPLETION OF PUBLIC IMPROVEMENTS The contractor has constructed the improvements required for the Safety Center Auditorium Remodel, FAC 05-03A and has requested that the City of Carlsbad accept the public improvements. City forces have inspected the public improvements and found them to be satisfactory. The public improvements consist of: IMPROVEMENTS VALUE Safety Center Auditorium Remodel $249,664 PUBLIC WORKS MANAGER CERTIFICATION OF COMPLETION OF IMPROVEMENTS Greg Clavtef, Public Works Manager G.S. Date CITY MANAGER'S ACCEPTANCE OF PUBLIC IMPROVEMENTS The construction of the above-described public improvements is deemed complete and hereby accepted. The City Clerk is hereby authorized to record the Notice of Completion and release the bonds in accordance with State Law and City Ordinances. The City of Carlsbad is hereby directed to commence maintaining the above-described improvements. •fo' RWfMOND R. PATCHETT, City Manager Date APPROVED AS TO FORM: Ronald R. Ball, City Attorney Word\Maslers\Forms\Acceptance of Public Improvements (City) 3/9/98 /-- CITY OF CARLSBAD San Diego County California CONTRACT DOCUMENTS AND SUPPLEMENTAL PROVISIONS FOR SAFETY SERVICE CENTER AUDITORIUM REMODEL CONTRACT NO. FAC 05-03A (RE-BID) Revised 10/08/03 Contract No. FAC 05-03A (RE-BID) Page 1 of 58 Pages TABLE OF CONTENTS Item . . Paqe Notice Inviting Bids ........................................................................................................................ 8 Contractor‘s Proposal .................................................................................................................... 8 Bid Security Form .......................................................................................................................... 12 Bidder’s Bond To Accompany Proposal ....................................................................................... 13 Guide For Completing The “Designation Of Subcontractors” Form ............................................. 15 Designation Of Subcontractor and Amount Of Subcontractor’s Bid Items ................................. 17 Bidder‘s Statement Of Financial Responsibility ............................................................................ 18 Bidder‘s Statement Of Technical Ability And Experience ............................................................. 19 Bidder‘s Certificate Of Insurance For General Liability. Employers’ Liability. Automotive Liability And Workers’ Compensation ........................................................................................... 20 Bidder’s Statement Of Re Debarment .......................................................................................... 21 Bidder’s Disclosure Of Discipline Record ......................................................................... Non-Collusion Affidavit To Be Executed By Bidder And Submitted With Bid .............................. 22 24 c Contract Public Works .................................................................................................................. 25 Labor And Materials Bond ............................................................................................................. 31 Faithful Performance/Warranty Bond ........................................................................................... 33 Optional Escrow Agreement For Surety Deposits In Lieu Of Retention ...................................... 35 - . Revised 10/08/03 Contract No . FAC 05-03A (RE-BID) Page 2 of 58 Pages SUPPLEMENTAL PROVISIONS + Part 1 Section 1 1-1 1-2 1-3 Section 2 2-3 2-4 2-5 2-1 0 Section 3 3-2 3-3 3-4 3-5 Section 4 4- 1 4-2 Section 5 5- 1 5-4 . Section 6 6- 1 6-2 6-6 6-7 6-8 6-9 Section 7 7-3 7-4 7-5 7-7 7-8 7-1 0 7-1 3 Section 9 9-1 9-3 General Provisions Terms. Definitions Abbreviations And Symbols Terms .................................................................................................................... Definitions ............................................................................................................. Abbreviations ........................................................................................................ Scope And Control Of The Work Subcontracts ......................................................................................................... Contract Bonds ..................................................................................................... Plans And Specifications ...................................................................................... Authority Of Board And Engineer .......................................................................... Changes In Work Changes Initiated by the Agency .......................................................................... Extra Work ............................................................................................................ Changed Conditions ............................................................................................. Disputed Work ...................................................................................................... Control Of Materials Materials And Workmanship ................................................................................. Materials Transportation. Handling and Storage .................................................. Utilities Location ................................................................................................................. Relocation ............................................................................................................. Prosecution. Progress And Acceptance Of The Work Construction Schedule And Commencement Of Work ........................................ Prosecution Of Work ............................................................................................. Delays And Extensions Of Time ........................................................................... Time of Completion ............................................................................................... Completion And Acceptance ................................................................................ Liquidated Damages ............................................................................................. Responsibilities Of The Contractor Liability Insurance .................................................................................................. Workers’ Compensation Insurance ...................................................................... Permits .................................................................................................................. Cooperation and Collateral Work ......................................................................... Project Site Maintenance ...................................................................................... Public Convenience And Safety ........................................................................... Laws To Be Observed .......................................................................................... Measurement and Payment Measurement Of Quantities For Unit Price Work ................................................. Payment ................................................................................................................ 38 39 40 40 41 41 43 44 44 44 45 48 49 49 49 50 54 54 54 55 55 55 55 55 56 56 56 57 57 57 ?$ Revised 10/08/03 Contract No . FAC 05-03A (RE-BID) Page 3 of 58 Pages CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS Until 4:OO PM on March 23, 2005, the City shall accept sealed bids, clearly marked as such, at the Faraday Center, 1635 Faraday Avenue, Carlsbad, CA 92008-731 4, Attn: Purchasing Officer, by mail, delivery service or by deposit in the Bid Box located in the first floor lobby, at which time they will be opened and read, for performing the work as follows: installation of new audio visual equipment, renovation and remodeling three auditoriums, which includes the City’s Emergency Operations Center (EOC). SAFETY SERVICE CENTER AUDITORIUM REMODEL CONTRACT NO. FAC 0503A (RE-BID) This bid and the terms of the Contract Documents and Supplemental Provisions constitute an irrevocable offer that shall remain valid and in full force for a period of 90 days and such additional time as may be mutually agreed upon by the City of Carlsbad and the Bidder. The work shall be performed in strict conformity with the plans and specifications as approved by the City Council of the City of Carlsbad on file in the Public Works General Services Department. The specifications for the work include the Standard Specifications for Public Works Construction, 2003 Edition, and the 2004 supdement thereto, all hereinafter designated “SSPWC” as issued by the Southern California Chapter of the American Public Works Association and as amended by the supplemental provisions sections of this contract. Reference is hereby made to the plans and specifications for full particulars and description of the work. r The City of Carlsbad encourages the participation of minority and womenowned businesses. The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contractors to utilize recycled and recyclable materials when aailable, appropriate and approved by the Engineer. The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidding when a contractor or subcontractor has been debarred by the City of Carlsbad or another jurisdiction in the State of California as an irresponsible bidder. No bid will be received unless it is made on a proposal form furnished by the Purchasing Department. Each bid must be accompanied by security in a form and amount required by law. The bidder’s security of the second and third next lowest responsive bidders may be withheld until the Contract has been fully executed. The security submitted by all other unsuccessful bidders shall be returned to them, or deemed void, within ten (IO) 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. 4m \# Revised 10/08/03 Contract No. FAC 05-03A (RE-BID) Page 4 of 58 Pages The documents which comprise the Bidder's proposal and that must be completed and properly executed including notarization where indicated are: - 1. Contractor's Proposal 2. Bidder's Bond 3. Non-Collusion Affidavit 4. Designation of Subcontractors and Amount of Subcontractor Bid 5. Designation of Owner OperatorlLessors & Amount of Owner Operator/Lessor Work 6. Bidder's Statement of Financial Responsibility 7. Bidder's Statement of Technical Ability and Experience 8. Acknowledgement of Addendum(a) 9. 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. 10. Bidder' s Statement Re Debarment 11. Bidder's Disclosure Of Discipline Record 12. Escrow Agreement for Security Deposits - (optional, must be completed if the Bidder wishes to use the Escrow Agreement for Security) 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 $250,000 Audio Visual equipment is considered a specialty item for this contract and will not be included in determination of percentage of work performed by the prime Contractor. Except as provided herein a bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City. In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. Where federal funds are involved the contractor shall be properly licensed at the time the contract is awarded. In all other cases the contractor shall state their license number, expiration date and classification in the proposal, under penalty of perjury. This invitation to bid does not involve federal funds. The following classifications are acceptable for this contract: A or B .- If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of the usual 10% retention from each payment, these documents must be completed and submitted with the signed contract. Theescrow agreement may not be substituted at a later date. Sets of plans, supplemental provisions, and Contract documents may be obtained at the Cashier's Counter of the Faraday Center located at 1635 Faraday Avenue, Carlsbad, California 92008-7314, for a non-refundable fee of $35.00 per set. If plans and specifications are to be mailed, the cost for postage should be added. All bidders must purchase a new set of plans and specifications for this re-bid. Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings, specifications or other contract documents, or finds discrepancies in or omissions from the drawings and specifications may submit to the Engineer a written request for clarification or correction. Any response will be made only by a written addendum duly issued by the Engineer a copy of which will be mailed or delivered to each person receiving a set of the contract documents. No oral response will be made to such inquiry. Prior to the award of the contract, no addition to, modification of or interpretation of any provision in the contract documents will be given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. No bidder may rely on directions given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. r 4w \# Revised 10/08/03 Contract No. FAC 05-03A (RE-BID) Page 5 of 58 Pages The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or F- informality in such bids. The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to the sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a current copy of applicable wage rates is on file in the Office of the City Engineer. The Contractor to whom the Contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the Contract. The Prime Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the 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. A pre-bid meeting and tour of the project site will be held at 2560 Orion Way at 9:30 AM on March 2, 2005. This meeting is not mandatory but will be the only time prospective bidders can tour the facility. All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. ,- All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or written in with ink and must be initialed in ink by a person authorized to sign for the Contractor. Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgment ofaddenda may be cause of rejection of bid. 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: 1) One hundred percent (100%) of the total amount payable by the terms of the contract when the total amount payable does not exceed five million dollars ($5,000,000). 2) Fifty percent (50%) of the total amount payable by the terms of the contract when the total amount payable is not less than five million dollars ($5,000,000) and does not exceed ten million dollars ($10,000,000). 3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the contract exceeds ten million dollars ($1 0,000,000). 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 Supplemental Provisions section of this contract. All bonds are to be placed with a surety insurance carrier admtted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to be accompanied by the following documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. /c *3 tv Revised 10/08/03 Contract No. FAC 05-03A (RE-BID) Page 6 of 58 Pages If the bid is accepted, the City may require copies of the insurer's most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with section 900) of Chapter I of Part 2 of Division 1 of the Insurance Code, within IO calendar days of the insurer's receipt of a request to submit the statemnts. r^ -- 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:V 2) Are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner. Auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated above for all insurance companies. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. Workers' compensation insurance required under this contract must be offered by a company meeting the above standards with the exception that the Best's rating condition is waived. The City does accept policies issued by the State Compensation Fund meeting the requirement for workers' compensation insurance. The Contractor shall be required to maintain insurance as specified in the Contract. Any additional cost of said insurance shall be included in the bid price. The award of the contract by the City Council is contingent upon the Contractor submitting the required bonds and insurance, as described in the contract, within twenty days of bid opening. If the Contractor fails to comply with these requirements, the City may award the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. I-- The prime contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. Approved by the City Council of the City of Carlsbad, California, by Resolution No. 2004-123, adopted on the 20th day of April, 2004. ISABELLE PAULSEN, CMC Deputy Clerk DATED: February 15,2005 e= ks Revised 10/08/03 Contract No. FAC 05-03A (RE-BID) Page 7 of 58 Pages CITY OF CARLSBAD SAFETY SERVICE CENTER AUDITORIUM REMODEL CONTRACT NO. FAC 05-03A (RE-BID) CONTRACTOR’S PROPOSAL City Council City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 The undersigned declares he/she has carefully examine( the location of the work, read the Notice Inviting Bids, examined the Plans, Specifications, Supplemental Provisions and addenda thereto, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work to complete Contract No. FAC 05-03A in accordance with the Plans, Specifications, Supplemental Provisions and addenda thereto and that he/she will take in full payment therefore the following unit prices for each item complete, to wit: Item - No. Description -. SCHEDULE “A” AUDITORIUM REMODEL Approxi mate A-1 Installation of new audio visual equipment, renovation and remodeling three auditoriums, which includes the City’s Emergency Operations Center (EOC) at 247,79 . 08 Dollars (Ldmp Sum) Quantity Unit and Unit Price - Total i LS $ a‘f7 73Q,* $ zq713orbo OPENED, WITNESSED AND RECORDE , n P \ DATE S~GNATURE Total amount of bid in words for Schedule “A: TW oh NDILEI) -Far+rS EVEN -tk UYISAND SmeM ~~r/rl~m ~t\ke~ Total amount of bid in numbers for Schedule IiA’: $ Price(s) given above are firm for 90 days after date of bid opening. Addendum(a) No(s). 1 proposal. Zr?, 730 00 hadhave been received and idare included in this Revised 10/08/03 Contract No. FAC 05-03A (RE-BID) Page 8 of 58 Pages License Detail Page 1 of2 License Detail CALIFORNIA CONTRACTORS STATE LICENSE BOARD -x__-- Contractor License # 587676 ----" -IxxXI-x^IIII-- ---~--~-~~-----------~ ----_ DISCLAIMER license status check provides information taken from the CSLB license data base. Before relying on this information, you should be aware of the following limitations: CSLB complaint disclosure is restricted by law (B&P 7124.6). If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and/or legal action information. Per B&P 7071 .17, only construction related civil judgments reported to the CSLB are disclosed. Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. Due to workload, there may be relevant information that has not yet been entered onto the Board's license data base. I Extract Date: 03/23/2005 -I I * * * Business Information * * * RANDALL CONSTRUCTION 3656 RUFFIN ROAD STE D SAN DIEGO, CA 92123 Business Phone Number: (858) 560-5453 Entity: Sole Ownership Issue Date: 02/02/1990 Expire Date: 02/28/2006 * * * License Status * * * This license is current and active. All information below should be reviewed. * * * Classifications * * * Description iB ~ GENERAL BUILDING CONTRACTOR * * * Bonding Information * * * CONTRACTOR'S BOND: This license filed Contractor's Bond number 6306725 in the amount of $10,000 with the bonding company SURETY COMPANY OF THE PACIFIC. r http://www2 .csl b. ca.gov/C SLB-LIBRARY/License+Detail .asp 03/23/2005 License Detail Page 2 of 2 Effective Date: 01/01/2004 Contractor's Bondina History * * * Workers Compensation Information * * * This license has workers compensation insurance with the STATE COMPENSATION INSURANCE FUND Policy Number: 046-0012214 Effective Date: 09/05/2002 Expire Date: 09/05/2005 Workers Compensation History Personnel List License Number Request Contractor Name Request Personnel Name Request Salesperson Request Salesperson Name Request 0 2005 State of CalBornia Conditions of Use Privacy Policy 03/23/2005 Personnel List Page 1 of 1 Personnel List CALIFORNIA CONTRACTORS STATE LICENSE BOARD Contractor License # 587676 Click on the person's name to see a more detailed page of information on that person. (GARY CHAN RANDALL SOLE OWNER 02/02/1990 B I License Number Reauest Contractor Name Request Personnel Name Request Salesperson Name Request Salesperson Request 0 2005 State of California. Conditions of Use Privacv Policy http://www2.cslb.ca.gov/CSLB~LIBRARY/Personne1+List.asp?LicNum=5 87676 03/23/2005 I The Undersigned has carefully checked all of the above figures and understands that the City will not be responsible for any error or omission on the part of the Undersigned in preparing this bid. The Undersigned agrees that in case of default in executing the required Contract with necessary bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, the City may administratively authorize award of the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. - - The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do business or act in the capacity of a contractor within the State of California, validly licensed under license number 5fnG 96 , classification fi , which expires on , and that this statement is true and correct and has the legal effect of an affidavit. 9-&3[% 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 5 7028.15(e). In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. However, at the time the contract is awarded, the contractor shall be properly licensed. Public Contract Code § 201 04. The Undersigned bidder hereby represents as follows: I 1. That no Council member, officer agent, or employee of the City of Carlsbad is personally representation, oral or in writing, of the City Council, its officers, agents, or employees has inducted him/her to enter into this Contract, excepting only those contained in this form of Contract and the papers made a part hereof by its terms; and . interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no -c 2. That this, bid is made without connection with any person, firm, or corporation making a bid for the same work, and is in all respects fair and without collusion or fraud. Accompanying this proposal is %id (Cash, Certified Check, Bond or Cashier's Check) for ten percent (10%) of the amount bid. ..- The Undersigned is aware of the provisions of section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and agrees to comply with such provisions before commencing the performance of the work of this Contract and continue to comply until the contract is complete. 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 worker needed to execute the Contract and agrees to comply with its provisions. I <$ Revised 10/08/03 Contract No. FAC 05-03A (RE-BID) Page 9 of 58 Pages -- 1- a*. e - c .- c IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: (1) Name under which business is conducted (2) Signature (given and surname) of proprietor (3) Place of Business L (Street and Number) City and State a &@a rA (4) Zip Code 4 21 33 Telephone No. (SI;-! $60-5953 (5) E-Mail c5kAldALLbdd lc? S&C ~Labd IF A PARTNERSHIP, SIGN HERE: (1) Name under which business is conducted (2) Signature (given and surname and character of partner) (Note: Signature must be made by a general partner) (3) Place of Business City and State (Street and Number) (4) Zip Code Telephone No. (5) E-Mail I a Revised 10/08/03 Contract No. FAC 05-03A (RE-BID) Page 10 of 58 Pages :ALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California San Diego County of Blair H Siverts, Notary a y before me, I On M~au Date ' Name and Title of Officer (ea. 'Jane Doe. Ndarv Public") personally known to me proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the -- within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. 1 Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. 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: 0 Individual 0 Corporate Officer Title(s): 0 Partner - 0 Limited General 0 Attorney-in-Fact 0 Trustee 0 Guardian or Conservator 0 Other: umb here I I I Signer Is Representing: Signer's Name: 0 Individual 0 Corporate Officer Title(s): 0 Partner - Limited 0 General 0 Attorney-in-Fact 0 Trustee 0 Guardian or Conservator 0 Other: rnb here I I I Signer Is Representing: I I Prod. No. 5907 Reorder: Call Toll-Free 1-800-676-6827 0 1996 National Notary Association 8236 Remmet Ave., P.O. Box 7184 Canoga Park, CA 91309-7184 IF A CORPORATION, SIGN HERE: (1) Name under which business is conducted (2) (Signature) r- c -- (Title) Impress Corporate Seal here (3) Incorporated under the laws of the State of (4) Place of Business City and State (Street and Number) (5) Zip Code Telephone No. (6) E-Mail NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATACHED List below names of president, vice president, secretary and assistant secretary, if a corporation; if a partnership, list names of all general partners, and managing partners: Revised 10/08/03 Contract No. FAC 05-03A (RE-BID) Page 11 of 58 Pages 1 ... , .: .... ...... ........ ... .... ... ... ... ... ....... .... .... ..... .... ... .... ..... ... ...... ... ... ...... ... .... ....... ... ... .... .... ... .... ..... .. .. .. ..... .... .. ... ...... ... ..... .. <.. .. ... ..... ... ..< ..... .... . ,. ... ..... ... ....... .......... ........ .... ..... .......... ..... ...... .... .. , . ... ~ - .. .. ..... ......... .' ! 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I.. .. c c‘ ALlFORNlA ALL-PURPOSE ACKNOWLEDGMENT State of California San Diego County of Blair H Siverts, Notary On l;lI-~ 24. at' before me, I Name and Title of Officer (e.g.. “Jane Doe, Notary Public”) dte Gary Randall personally appeared I Name@) of Signer(s) &personally known to me 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer’s Name: 0 Individual 0 Corporate Officer Title(s): Partner - 0 Limited General 0 Attorney-in-Fact 0 Trustee 0 Guardian or Conservator 0 Other: I I I I Signer Is Representing: Signer’s Name: 0 Individual 0 Corporate Officer Title(s): 0 Partner - 0 Limited 0 General 0 Attorney-in-Fact 0 Trustee 0 Guardian or Conservator 0 Other: nb here I 1 I I I I Signer Is Representing: I I 0 1996 National Notary Association 8236 Remmet Ave., P.O. Box 7184 * Cancga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARh"GT0N CASUALTY COMPANY Hartford, Connecticut 06183-9062 - POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY@)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Word, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Scott T. Xes, Sharon Elizabeth Xes, of Escondido, California,'their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by hidher sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorney@)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appoinlment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional mdertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or @) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. -VOTED: I (1 1-00 Standard) IN WITMESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be signed by their Senior Vice President and their corporate seals to be hereto ajExed this 1 lth day of March 2003. - STATE OF CONNECTICUT }SS. Hartford COUNTY OF HARTFORD TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELZRS CASUALTY AND SURETY COMPAPW FARMINGTON CASUALTY COMPANY HARTFORD, BY George W. Thompson Senior Vice President CO". On this 11th day of March, 2003 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly sworn, did depose and say: that hdshe is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the corporations described in and which executed the above instrument; that hdshe knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; and that he/she executed the said instnunent on behalf of the corporations by authority of hidher office under the Standing Resolutions thereof. My commission expires June 30, 2006 Notary Public Marie C. Tetreault CERTZFICATE I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certifkate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority, are now in force. Signed and Sealed at the Home OfEice of the Company, in the City of Hartford, State of Connecticut. Dated this 23rd day of March ,2005. Kori M. Johanson Assistant Secretary, Bond c CALIFORNIA ALL=PURPOSE ACKNOWLEDGMENT -. State of California County of San Diego } ss. On March 23, beforeme, Alma Bazan Stauffer, Notary Public personally appeared Date Name and We of OHicer (e g , "Jane Doe, Notary Public") Scott T. Ries Name@) of Signer($ )idpersonally known to me 0 proved to me on the basis of satisfactory evidence to be the person(* whose name@ islare subscribed to the within instrument and acknowledged to me that he/&e/thy executed the same in his/ber/%r authorized capacity(ies), and that by hislkr/Wr signature(s) on the instrument the person@, or the entity upon behalf of which the person(@ acted, executed the instrument. MyCarm EwmAUg 18,MoG *-L*-- - OPTIONAL Though the information below is not required by law, if may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: 0 Individual 0 Corporate Officer - Title(s): 0 Partner - 0 Limited 0 General a Attorney-in-Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: surety company 63 1999 National Notary Association * 9350 De Soto he.. P.O. Box 2402 * Chatsworth. CA 91313-2402 www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll-Free 1-80476-6827 +- .- BID SECURITY FORM (Check to Accompany Bid) SAFETY SERVICE CENTER AUDITORIUM REMODEL CONTRACT NO. FAC 05-03A (RE-BID) (NOTE: The following form shall be used if check accompanies bid.) Accompanying this proposal is a *Certified *Cashiers check payable to the order of CITY OF CARLSBAD, in the sum of dollars ($ ), this amount being ten percent (10%) of the total amount of the bid. The proceeds of this check shall become the property of the City provided this proposal shall be accepted by the City through action of its legally constituted contracting authorities and the undersigned shall fail to execute a contract and furnish the required Performance, Warranty and Payment Bonds and proof of insurance coverage within the stipulated time; otherwise, the check shall be returned to the undersigned. The proceeds of this check shall also become the property of the City if the undersigned shall withdraw his or her bid within the period of fifteen (15) days after the date set for the opening thereof, unless otherwise required by law, and notwithstanding the award of the contract to another bidder. c - e +- *Delete the inapplicable word. BIDDER (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.) '3 Revised 10/08/03 Contract No. FAC 05-03A (RE-BID) Page 12 of 58 Pages Compay Profile Page 1 of2 bompany Profile TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA ONE TOWER SQUARE, 4MN TRAVELERS / Mary T. Restelli HARTFORD, CT 06183 877-872-8737 Former Names for Company Old Name: AETNA CASUALTY & SURETY COMPANY OF AMERICA Effective Date: 07-01 - 1997 Agent for Service of Process LORI CASTANEDA, 2730 GATEWAY OAKS DR SUITE 100 SACRAMENTO, CA 95833 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: 31 194 NAIC Group #: 3 548 California Company ID #: 2444-8 Date authorized in California: Company Type: Property & Casualty State of Domicile: CONNECTICUT July 31, 1981 License Status: UNLIMITED-NORMAL Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY CREDIT DISABILITY http ://cdinswww.insurance.ca. gov/pls/wu-cogrof/idb-cogrof - utl.get-coqrof?p-EID=6 1 82 03/23/2005 Compsny 'Profile Page 2 of 2 FIRE LIABILITY MARINE MISCELLANEOUS PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION Company Complaint Information Company Enforcement Action Documents Company Performance & Comparison Data Composite Complaint Studies Want More? Help Me Find a Company Representative in My Area Financial Rating Organizations Last Revised - November 04,2004 1 1 : 18 AM Copyright 0 California Department of Insurance Disclaimer http://cdinswww.insurance.ca.gov/pls/wu_coqrof/idb_coqrof_utl.get~coqrof?p~EID=6 1 82 03/23/2005 e -_ GUIDE FOR COMPLETING THE “DESIGNATION OF SUBCONTRACTORS” FORM - - REFERENCES Prior to preparation of the following Subcontractor disclosure form Bidders are urged to review the definitions in section 1-2 of the SSPWC (“Greenbook”) and in the Supplemental Provisions to this Contract, especially, “Bid”, “Bidder”, “Contract”, “Contractor”, “Contract Price”, “Contract Unit Price”, “Engineer”, “Subcontractor” and “Work” and the definitions in section 1-2 of the Supplemental Provisions especially “Own Organization.” Bidders are further urged to review sections 2-3 SUBCONTRACTS of the Greenbook and section 2-3.1 of these Supplemental Provisions. - CAUTIONS This form will be used by the Agency to determine the percentage of work that the Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct information may result in rejection of the bid as non-responsive. Any bid that proposes performance of more than 50 percent of the work by subcontractors or otherwise to be preformed by forces other than the Bidder’s own organization will be rejected as non-responsive. Specialty items of work that may be so designated by the Engineer on the “Contractor’s Proposal” are not included in computing the percentage of work proposed to be performed by the Bidder. INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every subcontractor whom the Bidder proposes to perform work or labor or render service in or about the work or improvement, and every subcontractor licensed as a contractor by the State of California whom the Bidder proposes to specially fabricate and install any portion of the work or improvement according to detailed drawings contained in the plans and specifications in excess of one-half of one percent (0.5%) of the Bidder’s total bid or, in the case of bids or offers for the construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($1 0,000) whichever is greater. Said name(s) and location(s) of business of subcontractor(s) shall be set forth and included as an integral part of the bid offer. - - - The Designation of Subcontractors form must be submitted as a part of the Bidder’s sealed bid. Failure to provide complete and correct information may result in reiection of the bid as non- responsive. Suppliers of materials from sources outside the limits of work are not subcontractors. The value of materials and transport of materials from sources outside the limits of work, as shown on the plans, shall be assigned to the Contractor or the Subcontractor as the case may be, that the Bidder proposes as installer of said materials. The value of material incorporated in any Subcontractor- installed bid item that is supplied by the Bidder shall be included as a part of the work that the Bidder proposes to be performed by the Subcontractor installing said item. - When a Subcontractor has a Carlsbad business license, the number must be entered on the proper form. If the Subcontractor does not have a valid business license, enter “NONE” in the appropriate space. -_ When the Bidder proposes using a Subcontractor to construct or install less than 100 percent of a bid item, the Bidder shall attach an explanation sheet to the Designation of Subcontractor form. The explanation sheet shall clearly apprise the City of the specific facts that show the Bidder proposes to perform no less than fifty percent (50%) of the work with its own forces. Determination of the subcontract amounts for purposes of award of the contract shall be determined by the City Council in conformance with the provisions of the contract documents and the Supplemental Provisions. The decision of the City Council shall be final. - - - - A Revised 10/08/03 Contract No. FAC 05-03A (RE-BID) Page 15 of 58 Pages .- -_ Contractor is prohibited from performing any work on this project with a subcontractor who is ineligible to perform work on a public works project pursuant to Labor Code Sections 1771.1 or 1777.7. - c Bidders shall make any additional copies of the disclosure forms as may be necessary to provide the required information. The page number and total number of additional form pages shall be entered in the location provided on each type of form so duplicated. I e. Revised 10/08/03 Contract No. FAC 05-03A (RE-BID) Page 16 of 58 Pages e- - DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR’S BID ITEMS SAFETY SERVICE CENTER AUDITORIUM REMODEL CONTRACT NO. FAC 05-03A (RE-BID) The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing this bid for the Work and that the listed subcontractors will be used to perform the portions of the Work as designated in this list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contract Code, “Subletting and Subcontracting Fair Practices Act.” The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of one-half of one percent (0.5%) of the Bidder’s total bid, or in the case of bids or offers for construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000), whichever is greater, and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. SUBCONTRACTOR’S BID ITEMS -- _- L -. Subcontractor’s License No.* Page f of 2- pages of this Subcontractor Designation form - * Pursuant to section 4104 (a)(2)(A) California Public Contract Code, receipt of the information preceded by an asterisk may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the “Notice Inviting Bids.” c @ Revised 10/08/03 Contract No. FAC 05-03A (RE-BID) Page 17 of 58 Pages DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS SAFETY SERVICE CENTER AUDITORIUM REMODEL CONTRACT NO. FAC 05-03A (RE-BID) I The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing this bid for the Work and that the listed subcontractors wilt be used to perform the portions of the Work as designated in this list in accordance with applicable provisions of the specifications .and section 4100 et seq. of the Public Contract Code, "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of one-half of one percent (0.5%) of the Bidder's total bid, or in the case of bids or offers for construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000), whichever is greater, and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. I I SUBCONTRACTOR'S BID ITEMS Subcontractor's License No.* Page 7 of 3 pages of this Subcontractor Designation form Pursuant to section 4104 (a)(2)(A) California Public Contract Code, receipt of the information preceded by an asterisk may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice Inviting Bids." Revised 10/08/03 Contract No. FAC 05-03A (RE-BID) Page 17 of 58 Pages RANDALL CONSTRUCTION (A SOLE PROPRIETORSHIP) FINANCIAL STATEMENTS AND ACCOUNTANTS’ REVIEW REPORT DECEMBER 3 I, 2004 CONTENTS ACCOUNTANTS' REVIEW REPORT FINANCIAL STATEMENTS BALANCE SHEET STATEMENT OF INCOME AND PROPRIETOR'S CAPITAL STATEMENT OF CASH FLOWS NOTES TO FINANCIAL STATEMENTS SUPPLEMENTARY INFORMATION SCHEDULE OF CONTRACTS IN PROGRESS 1 2 9 Certified Public Accountants Business & Personal Consultants - Mr. Gary Randall RANDALL CONSTRUCTION (A Sole Proprietorship) San Diego, California We have reviewed the accompanying balance sheet of Randall Construction (A Sole Proprietorship) as of December 3 1, 2004, and the related statements of income and proprietor's capital, and cash flows for the year then ended, in accordance with Statements on Standards for Accounting and Review Services issued by the American Institute of Certified Public Accountants. All information included in these financial statements is the representation of the owner of Randall Construction. A review consists principally of inquiries of the owner and analytical procedures applied to financial data. It is substantially less in scope than an audit in accordance with generally accepted auditing standards, the objective of which is an expression of an opinion regarding the financial statements taken as a whole. Accordingly, we do not express such an opinion. Based on our review, we are not aware of any material modifications that should be made to the accompanying financial statements in order for them to be in conformity with generally accepted accounting principles. Our review was made for the purpose of expressing limited assurance that there are not material modifications that should be made to the financial statements in order for them to be in conformity with generally accepted accounting principles. The supplementary information included in the accompanying schedule of contracts in progress is presented only for supplementary analysis purposes. Such information has been subjected to the inquiry and analytical procedures applied in the review of the basic financial statements, and we are not aware of any material modifications that should be made to it. GURRERA & ASSOCIATES San Diego, California February 18,2005 5665 Oberlin Drive, Suite 200, San Diego, CA 92121 (858) 457-5581 FAX (858) 457-5587 .. MEMBER: American Institute of Certified Public Accounranrn ' California Sociery of Certifrcd Public Accountants ,- Randall Construction (A Sole Proprietorship) Balance Sheet December 3 1,2004 ASSETS CURRENT ASSETS Cash Contracts receivable Costs and estimated earnings in excess of Other receivables billings on uncompleted contracts Total Current Assets FIXED ASSETS, at cost Vehicles Office equipment Less accumulated depreciation TOTAL ASSETS LIABILITIES AND PROPRIETOR’S CAPITAL CURRENT LIABILITIES Bank line of credit Accounts payable Accrued expenses Billings in excess of costs and estimated earnings on uncompleted contracts Total Current Liabilities PROPRIETOR’S CAPITAL TOTAL LIABILITIES AND PROPRIETOR’S CAPITAL $ 32,785 1,000,97 1 448,029 8,809 1,490,594 28,8 17 3.392 32,209 (27.391) 4.818 $ 1.495.412 $ 150,000 829,839 13,981 103.425 1,097,245 398.167 See accompanying notes and accountants’ review report -2- r- RANDALL CONSTRUCTION (A Sole Proprietorship) Statement of Income and Proprietor’s Capital For the Year Ended December 3 1 , 2004 REVENUES EARNED COST OF REVENUES EARNED GROSS PROFIT OPERATING EXPENSES Insurance Professional services Office Telephone Rent Other expenses Dues and subscriptions Auto Advertising Depreciation Total operating expenses INCOME FROM OPERATIONS OTHER (EXPENSES) INCOME Interest income Interest expense NET INCOME PROPRIETOR’S CAPITAL AT JANUARY 1 , 2004 WITHDRAWALS PROPRIETOR’S CAPITAL AT DECEMBER 3 1 , 2004 $ 6,427,710 6.0 8 0,5 7 7 347,133 108,779 72,5 18 44,370 1 1,076 10,499 8,O 10 5,850 5,587 5,003 3.200 274,892 72,241 1,049 (8.470) 64,820 402,994 (69.647) See accompanying notes and accountants’ review report -3- r- c- RANDALL CONSTRUCTION (A Sole Proprietorship) Statement of Cash Flows For the Year ended December 3 1 , 2004 CASH FLOWS FROM OPERATING ACTIVITIES Net Income Adjustments to reconcile net income to net cash provided by (used in) operating activities: Depreciation Changes in operating assets and liabilities: (Increase) decrease in: Contracts receivable Costs and estimated earnings in excess of billings on uncompleted contracts Other receivables Accounts payable Billings in excess of costs and estimated earnings Accrued expenses Increase (decrease) in: on uncompleted contracts Net cash provided by operating activities CASH FLOWS FROM FINANCING ACTIVITIES Line of credit borrowing Net cash provided by financing activities CASH FLOWS FROM INVESTING ACTIVITIES Owner withdrawals Net cash used by investing activities Net increase in cash Cash and cash equivalents - beginning Cash and cash equivalents - ending $ 64,820 3,200 (87,258) 31,636 617 (108,677) 92,572 13,981 10,891 75,000 75,000 (69,647) (69,647) 16,244 16.541 lL=AaJa See accompanying notes and accountants’ review report -4- , c*- RANDALL CONSTRUCTION (A Sole Proprietorship) Notes to Financial Statements December 3 1,2004 NOTE A - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Nature of Business Randall Construction is a sole proprietorship, which is engaged in the business of general contracting. It specializes in commercial remodeling and tenant improvements. Revenue and Loss Recognition Revenues from construction contracts are recognized on the percentage of completion method, measured on the basis of incurred costs to estimated total costs for each contract. This cost to cost method is used because management considers it to be the best available measure of progress on these contracts .-- Contract costs include all direct material and labor costs and those indirect costs related to contract performance. General and administrative costs are charged to expense as incurred. Provisions for estimated losses on uncompleted contracts are made in the period in which such losses are determined. Changes in job performance, job conditions, and estimated profitability are recognized in the period in which the revisions are determined. The asset, “Costs and estimated earnings in excess of billings on uncompleted contracts,” represents revenues recognized in excess of amounts billed. The liability, “Billings in excess of costs and estimated earnings on uncompleted contracts,” represents billings in excess of revenues recognized. Income Taxes The proprietorship itself is not a taxpaying entity for purposes of federal and state income taxes. Federal and state income taxes of the proprietor are computed on his total income from all sources; accordingly, no provision for income taxes is made in these statements. Cash and Cash Equivalents For purposes of the Statement of Cash Flows, management considers all highly liquid investments purchased with a maturity of three months or less to be cash equivalents. Estimates The preparation of financial statements in accordance with generally accepted accounting principles requires that management make estimates and assumptions that affect certain reported amounts and disclosures. Accordingly, actual results could differ from those estimates. c- , See accompanying accountants’ review report -5- RANDALL CONSTRUCTION (A Sole Proprietorship) Notes to Financial Statements - (Continued) December 3 1,2004 NOTE A - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES - Continued Allowance For Doubtful Accounts There has not been an allowance for doubtful accounts established since management believes that any balances that may not be collected are insignificant. Fixed Assets Fixed assets are stated at cost. Depreciation is provided for on the straight-line basis over lives ranging up to 10 years. Maintenance, repairs, and minor renewals are charged to operations as incurred. Upon sale or disposition of properties, the asset account is relieved of the cost and the accumulated depreciation account is charged with depreciation taken prior to the sale, and any resultant gain or loss is credited or charged to earnings. NOTE B - COSTS AND ESTIMATED EARNINGS ON UNCOMPLETED CONTRACTS Costs incurred on uncompleted contracts $ 5,116,232 Estimated earnings 841,521 5,957,753 Less: Billings to date 5,613,149 $ 344,604 Included in accompanying balance sheet under the following captions: Costs and estimated earnings in excess of billings on uncompleted contracts Billings in excess of costs and estimated earnings on uncompleted contracts $ 448,029 ( 103,425) $ 344.604 See accompanying accountants’ review report -6- RANDALL CONSTRUCTION (A Sole Proprietorship) Notes to Financial Statements - (Continued) December 3 1 , 2004 NOTE C - BANK LINE OF CREDIT The proprietorship has a bank revolving line of credit in the amount of $250,000. There was a balance of $150,000 as of December 31,2004. The line bears interest at the prime rate plus 1 %. NOTE D - CONTRACTS RECEIVABLE Total contract receivables of $1,000,971 at December 31, 2004, are comprised of amounts due from six customers. Retentions totaled $1 15,428 as of December 3 1 , 2004. See accompanying accountants’ review report -7- SUPPLEMENTARY INFORMATION 1 -- I BI DDE R'S Copies of the latest STATEMENT OF FINANCIAL RESPONSIBILITY (To Accompany Proposal) SAFETY SERVICE CENTER AUDITORIUM REMODEL CONTRACT NO. FAC 05-03A (RE-BID) Annual Report, audited financial statements or Balance Sheets may be submitted under separate cover marked CONFIDENTIAL. I. e Revised 10/08/03 Contract No. FAC 05-03A (RE-BID) Page 18 of 58 Pages I DESCRIPTION (TYPE OF WORK) South Bay Maintenance .- I CUSTOMER/ CONTACT PERSON DATE DOLLAR AGENCY & PHONE NUMBER COMPLETED VALUE SANDAGIMTDB Brad Helgason 412912004 $1,32 1,294.00 3656 Ruffin Road, Suite D, San Diego, CA 92123-1896 0 (858) 560-5453 FAX (858) 430-5456 or (858) 430-0174 Lic. # 587676 OF woMj San Pasqual Academy RANDALL CONSTRUCTION EXPERIENCE STATEMENT AGENCY & PHONE NUMBER COMPLETED VALUE County of San Diego Leonard Pinson 12l0112003 $1,287,923.00 The outline below is a record of our experience in construction of a type similar in magnitude and character to that contemplated under this contract. Gym Renovation & Locker Rooms (Tenant Improvement) 5555 Overland Avenue 8581694-3 95 8 San Diego, CA 92123 Facility Expansion 1 1255 Imperial Ave. #lo00 1 6 191235-3632 1 (Tenant Immovement) San Dieno. CA 92 10 1 I DESCRIPTION (TYPE CUSTOMER/ OF WORK) AGENCY Jerabek Elementary San Diego City Schools San Diego, CA 921 11 School (Modernization) 4860 Ruffner Street CONTACT PERSON DATE DOLLAR & PHONE NUMBER COMPLETED VALUE Carl Schneider 0312005 $1,84 1,239.00 6 19157 1-2339 DESCRIPTION (TYPE CUSTOMER/ OF WORK) AGENCY MacDowell Middle (Modernization) San Diego City Schools San Diego, CA 921 11 School Admin. Office 4860 Ruffner Street CONTACT PERSON DATE DOLLAR & PHONE NUMBER COMPLETED VALUE Rick Mortazavi 1212412004 $1,121,143.00 8581627-7 1 18 PROJECT TITLE: Jerabek I DESCRIPTION(TYPE 1 CUSTOMER/ I CONTACTPERSON I DATE DOLLAR PROJECT TITLE: MacDowell OF womj Library & Portable AGENCY & PHONE NUMBER COMPLETED I VALUE Cajon Valley Union School District Don Hendrix 0 1l07l2004 1 $955,544.00 Renovations (Modernization) 535 Vernon Way 7601782-3347 El Cajon, CA 92022 BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) SAFETY SERVICE CENTER AUDITORIUM REMODEL CONTRACT NO. FAC 05-03A (RE-BID) The Bidder is required to state what work of a similar character to that included in the proposed Contract he/she has successfully performed and give references, with telephone numbers, which will enable the City to judge hidher responsibility, experience and skill. An attachment can be used. Date Amount Completed of the Employer of Person to Contract Type of Work Contract Contract Name and Address Name and Phone No. of '3 Revised 10/08/03 Contract No. FAC 05-03A (RE-BID) Page 19 of 58 Pages -- BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE .- LIABILITY AND WORKERS' COMPENSATION (To Accompany Proposal) - c SAFETY SERVICE CENTER AUDITORIUM REMODEL CONTRACT NO. FAC 05-03A (RE-BID) 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: I 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 Bidder Policies of insurance for Comprehensive General Liability, Automobile Liability, Workers Compensation and Employer's Liability in conformance with the requirements herein and Certificates of insurance to the Agency showing conformance with the requirements herein. I- -I All certificates of insurance and statements of willingness to issue insurance for auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated in The Notice Inviting Bids, the Standard Specifications for Public Works Construction and the Supplemental Provisions for this project for each insurance company that the Contractor proposes. 2) Cover anv vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. 43 Revised 10/08/03 Contract No. FAC 05-03A (RE-BID) Page 20 of 58 Pages PR~DUCER Schell & Eggert Insurance-CWS License #OB10778 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR INSURERS AFFORDING COVERAGE NAlC # POLICY EFFECTIVE DATE (MMIDDNY) LIMITS POLICY EXPIRATION DATE (MMIDDNY) VU' ISR TYPE OF INSURANCE POLICY NUMBER 08/15/05 EACHOCCURRENCE ~1000000 T%%&AyZcZkcej $ 50000 MED EXP (Any one person) $ 5 0 0 0 ~ ~ AUTO ONLY - EA ACCIDENT ~~ $ 1 EACH OCCURRENCE AGGREGATE wc smu- E L EACH ACCIDENT E L DISEASE - EA EMPLOYEE E L DISEASE - POLICY LIMIT OTH- TORY LIMITS ER $ $ $ $ $ $ $ $ bo1 Raytheon Road I Diego CA 92111-1606 rnone:858-541-7177 Fax:858-541-7821 INSURED INSURER A: Mt. Hawley Insurance Company INSURER B: Clarendon National Ins Co . INSURER C INSURER D INSURER E. Randall Construction 3656 Ruffin Road Suite D San Diego CA 92113 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. MGLO141006 08/15/04 GENERAL LIABILITY CLAIMS MADE a OCCUR PERSONALLADVINJURY I $ 1000000 GENERAL AGGREGATE 1 $2000000 /NL AGGREGATE LIMIT APPLIES PER: 1 PRODUCTS-COMPIOPAGG I $ 1000000 I 7 POLICY [1 LOC AUTOMOBILE LIABILITY x ANYAUTO I PA10102412@3 07/06/05 COMBINED SINGLE LIMIT 1oooooo (Ea accident) 07/06/04 ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS BODILY INJURY (Per person) BODILY INJURY (Per accident) H PROPERlY DAMAGE (Per accident) GARAGE LIABILITY ANY AUTO OTHER THAN EAACC 1 $ AGG I S AUTO ONLY: EXCESSUMBRELLA LIABILITY OCCUR CLAIMSMADE 1 DEDUCTIBLE RETENTION WORKERS COMPENSATION AND EMPLOYERS LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE OFFICERMEMBER EXCLUDED? OTHER ilPTlON OF OPERATIONS / LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORS I I I IENT I SPECIAL PROVISIONS Job: Safety Service Center Auditorium Remodel 2560 Orion Way Carlsbad CA 92008. Primary wording applies and certificate holder is named as additional insured per company endorsement CGL 216 (4/98) *10 day notice for non-payment of premium* ~~ ~ CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVORTO MAIL 30f DAYS WRllTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR CERTIFICATE HOLDER CITY111 7 City Council City of Carlsbad 1200 Carlsbad Village Dr Carlsbad CA 92008-7314 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE I ACORD 25 (2001/08) Craiq W. Schell, Pres. @kCORD CORPORATION 1988 Policy No. MGL014 1006 Mt Hawley Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. - ADDITIONAL lNSURED - OWNERS, LESSEES OR CONTRACTORS (FORM C) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: All persons or organizations where required by written contract. .- (if no entry appears above, information required io complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. To the extent required under contract, this policy will apply as primary insurance to additional insureds scheduled above and other insurance which may be available to such additionai insureds will be non-contributory. Section IV:, Condition 4., of this policy is amended accordingly. .- All other Terms and Conditions of this Policy remain unchanged. CGL 216 (04198) Page 1 of 1 CERTHOLDER COPY STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807 Fu N r=> CERTIFICATE OF WORKERS' COMPENSATION INSURANCE CO M PEN SAT I 0 N INSURANCE rc ISSUE DATE: 05-11-2005 CITY OF CARLSBAD CITY COUNCIL 1200 CARLSBAD VILLAGE DR CARLSBAD CA 92008 GROUP: 000046 POLICY NUMBER: 12214-2004 CERTIFICATE ID: 60 CERTIFICATE EXPIRES: 09 - 05 - 2005 09-05-2004/09-05-2005 JOB: SAFETY SERVICE CENTER AUDITORIUM REMODEL 2560 ORION WAY CARLSBAD CA 92008 This is to certify that we have issued a valid Worker's Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. AUTHORIZED REPRESENTATIVE PRESIDENT STANDARD EXCLUSION: INDIVIDUAL EMPLOYERS AND HUSBAND AND WIFE EMPLOYERS ARE NOT ELIGIBLE FOR BENEFITS AS EMPLOYEES UNDER THIS POLICY. EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 09-05-2003 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 05-11-2005 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME: CITY OF CARLSBAD EMPLOYER -- GARY CHAN RANDALL 3656 RUFFIN RD STE D SA" DIEGO CA 92123 [BI O,SD] SClF 10262E Accept this certificate only if you see a faint watermark that reads "OFFICIAL STATE FUND DOCUMENT PRINTED: 05-11-2005 PAGE 1 OF1 BIDDER'S STATEMENT RE DEBARMENT (To Accompany Proposal) SAFETY SERVICE CENTER AUDITORIUM REMODEL CONTRACT NO. FAC 05-03A (RE-BID) 1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California? 2) If yes, what wadwere the name(s) of the agency(ies) and what wadwere the period(s) of debarment(s)? Attach additional copies of this page to accommodate more than two debarments. party debarred party debarred agency agency period of debarment period of debarment BY CONTRACTOR: - QMC CWL.C~~ION By: Ks i g n he re) (prih name/title) ' G;M+ Rhp,w- /fiU&&C I - Page [ of ! pages of this Re Debarment form c a Revised 10/08/03 Contract No. FAC 05-03A (RE-BID) Page 21 of 58 Pages c BIDDER’S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) SAFETY SERVICE CENTER AUDITORIUM REMODEL CONTRACT NO. FAC 05-03A (RE-BID) Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License board, P.O. Box 26000, Sacramento, California 95826. 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? Has the suspension or revocation of your contractors license ever been stayed? Have any subcontractors that you propose to perform any portion of the Work ever had their contractor’s license suspended or revoked by the California Contractors’ State license Board two or more times within an eight year period? J Yes no Has the suspension or perform any portion of tion of’the license of any subcontractor’s that you propose to ever been stayed? Yes no If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the party disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of the violation and the disciplinary action taken therefor. (If needed attach additional sheets to provide full disclosure.) At Page of -zg pages of this Disclosure of Discipline form Ic“s Revised 10/08/03 Contract No. FAC 05-03A (RE-BID) Page 22 of 58 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) SAFETY SERVICE CENTER AUDITORIUM REMODEL CONTRACT NO. FAC 05-03A (RE-BID) 6) If the answer to either of 2. or 4. above is yes fully identify, in each and every case, the party who's discipline was stayed, the date of the violation that the disciplinary action pertains to, describe the nature of the violation and the condition (if any) upon which the disciplinary action was stayed. (If needed attach additional sheets to provide full disclosure.) BY CONTRACTOR: RwDrfu- c6/\ls~&& (name of Contractor) , By: - Page of 5L pages of this Disclosure of Discipline form 43 Revised 10/08/03 Contract No. FAC 05-03A (RE-BID) Page 23 of 58 Pages NON-COLLUSION AFFIDAVIT TO BE EXECUTED PUBLIC CONTRACT CODE SECTION 7106 BY BIDDER AND SUBMITTED WITH BID SAFETY SERVICE CENTER AUDITORIUM REMODEL CONTRACT NO. FAC 05-03A (RE-BID) State of California 1 County of 1 ) ss. G'sa~v TLIbnaCL (Name of Bidder) , being first duly sworn, deposes and says that he OW is OWICrEfZ (Title) of RAU~A tL Ca &J Y-rlzcc CT16W (Name of Firm) - the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. - -- - I - I declare under penalty of perjury that the foregoing is true and correct and that this affidavit was executed on the I 7 +3. day of lYlAt2CN ,2009. U &h Subscribed and sworn to before me on the I 7 dayof /"lPRccJ I20K. (NOTARY SEAL) Signature of Notary 7(9& - 1 <$ Revised 10/08/03 Contract No. FAC 05-03A (RE-BID) Page 24 of 58 Pages c City of Carlsbad March 15.2005 ADDENDUM NO. 1 RE: SAFETY SERVICE CENTER AUDITORIUM REMODEL, CONTRACT NO. FAC 05-03A Please include the attached addendum in the Notice to BiddedRequest for Bids you have for the above project. This addendum--receipt acknowledged--must be attached to your Request for Bid when your bid is submitted. -KEVIN DAVIS Buyer KD:rh Attachment I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1 1635 Faraday Avenue - Carlsbad, CA 92008-7314 - (760) 602-2720 FAX (760) 602-8562 @ -- March 15, 2005 TO: Kevin Davis, Buyer FROM: Public Works Supervisor, Contracts and Agreements FAC 05-03A SAFETY SERVICE CENTER AUDlTORflJM REMODEL (RE-BID) Please prepare Addendum #01 to the contract covering the following issues: 1. Delete and replace the following: Section 3.7 Audio Visual Performance Requlrements, Subsection A-2 e) Media Audio which reads, AV and data 2. twelve (12) in Room 3. 3 Replace with: Section 3.7 Audk Visual Performance Requirements, Subsection A-2 e) Media Audio, AV and data audio moduced on ceiling soeakers. eiaht (8) in Room ?. eiuht (81 in Room 2. eiaht (81 in Room 3. The plans are in error as well. The intent is to provide eight speakers in each room of the conference facility. The Contractor shall make these notes on his red line as-built drawings. DALE A. Public Works Supervisor, Contracts and Agreements c: Facilities Superintendent Facilities Maintenance Leadworker File Addendum #1 PKS 04-DB /- CONTRACT PUBLIC WORKS This agreement is made this Lfh day of .)drlQ- 120s by and between the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and RANDALL CONSTRUCTION whose principal place of business is (hereinafter called "Contractor"). 3656 RUFFIN ROAD, SUITE D, SAN DIEGO. CA 92123 City and Contractor agree as follows: 1. for: Description of Work. Contractor shall perform all work specified in the Contract documents SAFETY SERVICE CENTER AUDITORIUM REMODEL CONTRACT NO. FAC 05-03A (RE-BID) (hereinafter called "project") 2. equipment, and personnel to perbrm the work specified by the Contract Documents. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, 3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids, -- Contractor's Proposal, Bidder's Bond, Designation of Subcontractors, Designation of Owner Operator/Lessors, Bidder's Statements of Financial Responsibility, Technical Ability and Experience, Re Debarment, Non-collusion Affidavit, Escrow Agreement, Release Form, the Plans and Specifications, the Supplemental Provisions, addendum(s) to said Plans and Specifications and Supplemental Provisions, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, and all bonds for the project; all of which are incorporated herein by this reference. Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as indicated, specified, and implied by the Contract Documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the Contractor's expense to fulfill the intent of said documents. In all instances through the life of the Contract, the City will be the interpreter of the intent of the Contract Documents, and the City's decision relative to said intent will be final and binding. Failure of the Contractor to apprise subcontractors and materials suppliers of this condition of the Contract will not relieve responsibility of compliance. 4. Payment. For all compensation for Contractor's performance of work under this Contract, City shall make payment to the Contractor per section 9-3 PAYMENT of the Standard Specifications for Public Works Construction (SSPWC) 1997 Edition, and the 1998 and 1999 supplements thereto, hereinafter designated "SSPWC", as issued by the Southern California Chapter of the American Public Works Association, and as amended by the Supplemental 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. r-- ! 4- \# Revised 10/08/03 Contract No. FAC 05-03A (RE-BID) Page 25 of 58 Pages 5. Independent Investigation. Contractor has made an independent investigation of the jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the work, and is aware of those conditions. The Contract price includes payment for all work that may be done by Contractor, whether anticipated or not, in order to overcome underground conditions. Any information that may have been furnished to Contractor by City about underground conditions or other job conditions is for Contractor's convenience only, and City does not warrant that the conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground conditions and has not relied on information furnished by City. - 6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenches or other excavations that extend deeper than four feet below the surface Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: A. Hazardous Waste. Material that Contractor believes may be material that is hazardous waste, as defined in section 251 17 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class Ill disposal site in accordance with provisions of existing law. B. Differing Conditions. Subsurface or latent physical conditions at the site differing from those indicated. C. Unknown Physical Conditions. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract. City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in contractor's costs of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in this contract. - In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the contractor's cost of, or time required for, performance of any part of the work, contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. 7. Immigration Reform and Control Act. Contractor certifies it is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC sections 11 01 -1 525) 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. a Revised 10/08/03 Contract No. FAC 05-03A (RE-BID) Page 26 of 58 Pages 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. I Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by the Contractor, whether intentional or otherwise, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. 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 Resolution No. 91 -403. (A) Coverages And Limits Contractor shall maintain the types of coverages and minimum limits indicted herein: _c a. Comprehensive General Liability Insurance: $1,000,000 combined single limit per occurrence for bodily injury and property damage. If the policy has an aggregate limit, a separate aggregate in the amounts specified shall be established for the risks for which the City or its agents, officers or employees are additional insured. b. Business Automobile Liability Insurance: $1,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. 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. t? Revised 10/08/03 Contract No. FAC 05-03A (RE-BID) Page 27 of 58 Pages 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 t_ completed operations of the contractor; premises owned, leased, hired or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees or volunteers. All additional insured endorsements must be evidenced using separate documents attached to the certificate of insurance; one for each company affording general liability, and employers' liability coverage. b. The Contractor's insurance coverage shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be in excess of the contractor's insurance and shall not contribute with it. c. to the City, its officials, employees or volunteers. Any failure to comply with reporting provisions of the policies shall not affect coverage provided d. Coverage shall state that the contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (C) Notice Of Cancellation. Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage or limits except after thirty (30) days' prior written notice has been given 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. Coverage 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-:V. 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 the City Council in Resolution No. 91 -403. (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) in the Contractor's bid. Cost Of Insurance. The Cost of all insurance required under this agreement shall be included rc @ Revised 10/08/03 Contract No. FAC 05-03A (RE-BID) Page 28 of 58 Pages 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 the Supplemental Provisions I section. 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 201 04.2(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. rc (A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. (B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution. (C) Government Code. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. (D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. (E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented from further bidding on public contracts for a period of up to five years. - (F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. (G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontrac- tor 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. ,4 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. e Revised 10/08/03 Contract No. FAC 05-03A (RE-BID) Page 29 of 58 Pages _- 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. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon application of either party, the Contract shall forthwith be physically amended to make such insertion or correction. 16. Additional Provisions. Any additional provisions of this agreement are set forth in the "General Provisions" or "Supplemental Provisions" attached hereto and made a part hereof. NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED (CORPORATE SEAL) CONTRACTOR: CITY OF CARLSBAD a municipal corporation of fl IQ?r/o t3& md5Tr?.JCr~ dJ By: -+ Gfl44 CAAfDR-LL ocUA-(cjl/t (print name and title) By: (sign here) (print name and title) President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under the corporate seal empowering that officer to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL City Attorney By: e Revised 10/08/03 Contract No. FAC 05-03A (RE-BID) Page 30 of 58 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California San Diego County of Blair H Siverts, Notary On /.llbt ?,ZC~+ before me, 1 Name and Title of Officer (e.g.. ”Jane Doe, Notary Public”) date personally appeared Gary Randall 1 Name@) of Signer@) @personally known to me 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) idare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of’which the person(s) acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer’s Name: 0 Individual 0 Corporate Officer Tit le( s) : 0 Partner - 0 Limited General 0 Attorney-in-Fact 0 Trustee 0 Guardian or Conservator 0 Other: I I Signer Is Representing: Signer’s Name: 0 Individual 17 Corporate Officer Tit le( s) : 0 Partner - 0 Limited 0 General 0 Attorney-in-Fact F- Top of 0 Trustee 0 Guardian or Conservator 0 Other: thumb here I I I Signer Is Representing: I I Q 1996 National Notaly Association * 8236 Rernrnet Ave., P.O. Box 7184 Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 BOND #lo4450495 LABOR AND MATERIALS BONO PREMIUM. $3,964.00 WHEREAS, the City Council of the City of Catlsbad, State of California, by Resolution No. 2005-127, adopted APRIL 26.2005 , has awarded to RANDALL CONS'IRUCTION (hereinafter designated as the "Principal"), a Contract br: SAFETY SERVICE CENTER AUDITORIUM REMODEL CONTRACT NO. FAC 0593A (RE-BID) in the City of Carisbad, in strict conformity with the drawings and specifications. and other Contract Documents now on file in the Office of the City Clerk of the Ci of Carlsbad and all of which are incorporated herein by this reference. WHEREAS. Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a .bond, providing that if Principal or any of their subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. RANDALL CONSTRUCTION , as Principal. NOW, THEREFORE, WE, in the sum of TWO HUNDRED FORTY SEVEN THOUSAND SEVE N HUNDRED THIRTY Dollars a247.730). said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the cantract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors. or assigns, jointly and severally, firmly by these presents. (hereinafter designated as the "Contractor"), and ~ra velers casualty and surety as Surety, are held firmly bound unto the City of Carlsbad ca THE CONDITION Of Tf-il$ OBLIGATION IS SUCH #at if the Contractor or hisher subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with California Civil Code section 3181. or for amounts due under the Unemployment Insurance Code with respect to the work or labor performed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also. in case suit is brought upon the bond, reasonable attorneys fees, to be fixed by the court consistent with California Civil Code section 3248. This bond shall inure to the benefit of any of the persons named in California Civil Code section 3181. so as to give a right of action to those persons or their assigns in any suit brought upon the bond. Surety stipulates and agrees that no change, extension of time. alteration or addition to the terms of the Contract, of to the work to be performed thereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time. alterations or addition to the terms of the contract or to the work or to tho specifications. @ Revised 10/08/03 Contract No. FAC 05-03A (RE-BID) Page 31 of 58 Pages In We 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 / Executed by SURETV this 9th . day CONTRACTOR; SUR^ Travelers Casualty and Ou-J-lkU- (title and organization of signatory) Surety Company of America (name of Surety 9325 Sky Park Ct., #226 San Diego, CA. 92123 (address of Surety) 858-61 6-6253 (t/Hephone number of Suretv) (signature of Attomey-in-Fact) Scott T. Flies By: - (sign here) (printed name of Attorney-in-Fact) (attach corporate resolution showing current power (print name here) of attorney) (title and organization of signatory) (Proper notarial acknowledgment of execution by CONTRACTOR and SURW 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 certiiied by the secretary or assistant secretary under corporate sea! e'mpowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney By: Revised 10/08/03 Contract No. FAC 05-03A (RE-BID) Page 32 of 58 Pages - -- State of California San Diego County of Blair H Siverts, Notary On fl& zc> 2cwN before me, 1 Date Name and Title of Officer (e.g., 'Jane Doe, Notary Public") personatly appeared Gary Randall 1 Name@) of Signer(s) %personally known to me proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) idare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. t OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer@) Other Than Named Above: Capacity(ies) Claimed by Signer@) Signer's Name: 0 Individual 0 Corporate Officer Title(s): 0 Partner - 0 Limited 0 General 0 Attorney-in-Fact 0 Trustee 0 Guardian or Conservator 0 Other: mb here I I I Signer Is Representing: I I Signer's Name: 0 Individual 0 Corporate Officer Title(s): 0 Partner - 0 Limited Cl General 0 Attorney-in- Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: I I 0 1996 National Notary Association 8238 Remmet Ave., P.O. Box 7184 Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Cali Toll-Free 1 -800-87&6827 TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 rc POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY@)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the “Companies”) hath made, constituted and appointed, and do by these presents make, constitute and appoint: Scott T. Ries, Sharon Elizabeth Ries, of Escondido, California,’their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place withm the United States, the following instrument(s): by hidher sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatoq in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attomey(s)-in-Fact, pursuant to the authority herein given, are hereby ra~ed and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company’s name and seal with the Company’s seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company’s seal by a Secretary or Assistant Secretary, or @) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Resolution is now in fuIi force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other Writings obligatory in the nature thereof, and any such power of attorney or cwtificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. I (1 1-00 Standard) IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be signed by their Senior Vice President and their corporate seals to be hereto affixed this 1 lth day of March 2003. STATE OF CONNECTICUT }SS. Hartford COUNTY OF HARTFORD TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARhIKNGTON CASUALTY COMPANY On this 1 lth day of March, 2003 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals axed to the said instrument are such corporate seals; and that heishe executed the said instrument on behalf of the corporations by authority of his/her office under the Standing Resolutions thereof. My commission expires June 30, 2006 Notary Public Marie C. Tetreault CERTIFICATE I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority, are now in force. Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this 9th day of MY ,20 05 Kori M. Johanson Assistant Secretary, Bond CALIFORNIA ALL=PURPOSE ACKNOWLEDGMENT f-' } SS. State of California County of San Diego May 9, 2005 before me, Aha Bazan Stauffer, Notary Public Name and Title of Officer (e.g.. "Jam Doe, Notan/ Public") On personally appeared t Date Scott T. Ries Name@) of Lgner(s) &idpersonally known to me proved to me on the basis of satisfactory evidence to be the person(4 whose name@ is/w subscribed to the within instrument and acknowledged to me that he/sk?/they executed the same in his/ber/tktir authorized capacity(ies), and that by his/ber/their signature(s) on the instrument the person@, or the entity upon behalf of which the person(@ acted, executed the instrument. WKNESS mv hand and official seal. OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachmen! of this fonn to another 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 Signer's Name: 0 Individual 0 Corporate Officer - Title(s): 0 Partner - 0 Limited 0 General Attorney-in-Fact 13 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: surety company 0 1999 National Notary Assmiation - 9350 De Sdo Ave.. P.O. Box 2402 * Chatswurth. CA 91313-2402 * www.nationalnolary.org Prod No. 5907 Reorder: Call Toll-Free 1-800-876-5827 IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE On Nov. 26, 2002, President Bush signed into law the Terrorism Risk Insurance Act of 2002 (the "Act"). The Act establishes a short-term program under which the federal government will share in the payment of covered losses caused by certain acts of international terrorism. We are providing you with this notice to inform you of the key features of the Act, and to let you know what effect, if any, the Act will have on your premium. Under the Act, insumrs are required to provide coverage for certain losses caused by international acts of terrorism as defined in the Act. The Act further provides that the federal government will pay a share of such losses. Specifically, the federal government will pay 90 percent of the amount of covered losses caused by certain acts of terrorism, which is in excess of an insurer's statutorily established deductible for that year. The Act also caps the amount of terrorism-related losses for which the federal government or an insurer can be responsible at $1 00 billion, provided that the insurer has met its deductible. Please note that passage of the Act does not result in any change in coverage under the attached policy or bond (or the policy or bond being quoted). Please also note that no separate additional premium charge has been made for the temrism coverage required by the Act. The premium charge that is allocable to such coverage is inseparable from and imbedded in your overall premium, and is no more than one percent of your premium. ILT-1018 (9/04) b BOND #lo4450495 PREMIUM $3,964.00 FAITHFUL PERFORMANCEM~ARRANTY BOND - WHEREAS. the City Council of the City of Carlsbad, State of California, by Resolution No. 2005-427, (hereinafter designated as the "Principal"), a Contract br:: adopted APRIL 26.2005 . has awarded to 1 SAFETY SERVICE CENTER AUDITORIUM REMODEL CONTRACT NO. FAC OM3A (RE-BID) in the City of Carlsbad, in strict conformity with the contract, the drawings and specifications, and other Contract Documents now on file in the Owlce of the City Clerk of the City of Carlsbad, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond for the faithful performance and warranty of said Contract: NOW, THEREFORE, WE, RANDALL CONSTRUCTION , as Principal, (hereinafter designated as the "Contractor"), and Travelers casualty and urety as Surety, are held firmly bound unto the City of Carlsbad Rm of TWO HUNDRED FORTY SEVEN THOUSAND SEVEN HUNDRED THIRTY Dollars ($247.730), said sum being equal to one hundred percent (100%) of the estimated amount of the Contract, to be paid to City or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, their heirs, executors, administrators, successors of assigns. shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the Contract and any alteration thereof made as therein provided on their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Cartsbad, its officers. employees and agents, as therein stipulated, then this obligation shall become null and void; athewise it shall remain in full force and effect. of America ,- As a part of the obligation secured hereby and in addition to the bce amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys 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 terms of the Contract, or to the work to be performed thereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time. alterations or addition to the terms of the contract or to the work or to the specifications. Revised 10/08/03 Contract No. FAC 05-03A (RE-BID) Page 33 of 58 Pages 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. F Executed by CONTRACTOR this / Executed by SURETY this 9th dayof 1 20- 05 day of fi V%q , zed. MY I CONTRACTOR; SURETY: Travelers Casualty and Rardall CoDstnlctian surety comparry of America (name of Surety) 9325 Sky Park Ct., #220 (name of Contrector} San DhgO, CA. 92123 By: a(sign here) (address of Surety) 858-61 6-6253 Gdaq ~S~On-CC ' (print name here) (telephone number of Surety) I DbJu.J.q BY r 7-a (Title and Organization of Signatory) (signature of Attomey-in-Fact) Scott T. RieS (printed name of Attorney-in-fact) Byl r (sign here) (Attach corporate resolution showing current ' (print name here) power of attorney.) (Title and Organization of signatory) (Proper notarial acknowledgment of execution by CONTRACTOR and SURRY 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 sed empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney r # Revised 10/08/03 Contract No. FAC 05-03A (RE-Bib) Page 34 of 58 Pages TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AM) SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERTLFICATE OF AUTHORITY OF ATTORNEY@)-IN-FACT - KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the “Companies”) hath made, constituted and appointed, and do by these presents make, constitute and appoint: Scott T. Res, Sharon Elizabeth Xes, of Escondido, California,.their true and lawful Attomey(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by hidher sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as Nly and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorney(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company’s name and seal with the Company’s seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company’s seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. _c This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be aExed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. (11-00 Standard) IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be signed by their Senior Vice President and their corporate seals to be hereto &xed this 1 lth day of March 2003. STATE OF CONNECTICUT SS. Hartford COU" OF HARTFORD TRAVELERS CASUALTY AND SURETY COMPANY OF' AMERICA TRAVELERS CASUALTY AND SURETY COiVPANY FARMINGTON CASUALTY COMPANY On this 11th day of March, 2003 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the corporations described in and whlch executed the above instrument; that he/she knows the seals of said corporations; that the seals &xed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by authority of hidher office under the Standing Resolutions thereof. My commission expires June 30, 2006 Notary Public Marie C. Tetreault CERTIFICATE I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMKNGTON CASUALTY COMPANY, stock corporations of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority, are now in force. Signed and Sealed at the Home mice of the Company, in the City of Hartford, State of Connecticut. Dated this 't3-1 day of ,20 05 Kori M. Johanson Assistant Secretary, Bond - CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT } ss. State of California County of San Diego On May 9, 2005 before me, Alma Bazan Sbuffer, Notary mxblic personally appeared Date Name and Titie of Officer (e g , “Jane h, Notary Public”) Scott T. Ries Name($ of Signer(s) &fpersonally known to me 0 proved to me on the basis of satisfactory evidence to be the person(@ whose name@ is/- subscribed to the within instrument and acknowledged to me that he/3heliky executed the same in his/ber/tkeir authorized capacity(&), and that by his/hm/hir signature(s) on the instrument the person@, or the entity upon behalf of which the person(@ acted, executed the instrument. OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer’s Name: 0 Individual 0 Corporate Officer - Title(s): Partner - Limited I3 General FB( Attorney-in-Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: surety company CB 1999 National Notary Association 9350 De Soto Ave.. P.O. Box 2402 Chatsworih. CA 913132402 w.natiamainotary.org Prod. No. 5907 Reorder: Call Toll-Free 1-800876-6827 . CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California San Diego County of Blair H Siverts, Notary On MW 24 ZCZ~ before me, , Date Name and Mle of Officer (e.g., =lane Doe, Notary Public") personatiy appeared Gary Randall 1 Name(s) of Slgner(s) Hpersonally known to me 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hishedtheir authorized capacity(ies), and that by his/her/their signature@) on the instrument the person@), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and officiakeal. cature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. 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: 0 Individual 0 Corporate Officer Title(s): 0 Partner - 0 Limited 0 General 0 Attorney-in-Fact 0 Trustee 0 Guardian or Conservator 0 Other: Top of thumb horn 1 I ..-.- I I I Signer Is Representing: Signer's Name: 0 Individual 0 Corporate Officer Title(s): 0 Partner - 0 Limited 0 General 0 Attorney-in-Fact 0 Trustee Guardian or Conservator Top of thumb here I I 0 Other: I I Signer Is Representing: 0 1996 National Notary Association 8236 Remmet Ave.. P.O. Box 7184 Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE On Nov. 26, 2002, President Bush signed into law the Terrorism Risk lnsuwnce Act of 2002 (the "Act"). The Act establishes a short-term program under which the federal government will share in the payment of covered losses caused by certain acts of international terrorism. We are pmviding you with this notice to inform you of the key features of the Act, and to let you know what effect, if any, the Act will have on your premium. Under the Act, insurers are required to provide coverage far certain losses caused by international acts of termrism as defined in the Act. The Act further provides that the federal government will pay a share of such losses. Specifically, the federal government will pay 90 percent of the amount of covered losses caused by certain acts of temrism, which is in excess of an insurer's statutorily established deductible for that year. The Act also caps the amount of terrorism-related losses for which the federal government or an insurer can be responsible at $100 billion, provided that the insurer has met its deductible. Please note that passage of the Act does not result in any change in coverage under the attached policy or bond (or the policy or bond being quoted). Please also note that no separate additional premium charge has been made for the temrism coverage required by the Act. The premium charge that is allocable to such coverage is inseparable from and imbedded in your overall premium, and is no more than one pexent of your premium. ET- 101 8 (9/04) OPTIONAL ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between the City of Carlsbad whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called "City" and whose address is hereinafter called "Contractor" and whose address is hereinafter called "Escrow Agent." For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as follows: 1. Pursuant to sections 22300 and 10263 of the Public Contract Code of the State of California, the Contractor has the option to deposit securities with the Escrow Agent as a substitute for retention earnings required to be withheld by the City pursuant to the Construction Contract entered into between the City and Contractor for the Safety Service Center Auditorium Remodel, Contract No. FAC 05-03A (Re-Bid) in the amount of (hereinafter referred to as the "Contract"). Alternatively, on written request of the Contractor, the City shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the City within 10 days of the deposit. The Escrow Agent shall maintain insurance to cover negligent acts and omissions of the Escrow Agent in connection with the handling of retentions under these sections in an amount not less than $100,000 per contract. The market value of the securities at the time of the substitution shall be a least equal to the cash amount then required to be withheld as retention under the terms of the contract between the City and Contractor. Securities shall be held in the name of the City and shall designate the Contractor as the beneficial owner. dated -c 2. The City shall make progress payments to the Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. 3. When the City makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until such time as the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the City pays the Escrow Agent directly. 4. The Contractor shall be responsible for paying all fees for the expenses incurred by the Escrow Agent in administering the Escrow Account and all expenses of the City. These expenses and payment terms shall be determined by the City, Contractor and Escrow Agent. 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the City. {$ Revised 10/08/03 Contract No. FAC 05-03A (RE-BID) Page 35 of 58 Pages 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from City to the Escrow Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor. 7. The City shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days' written notice to the Escrow Agent from the City of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the City. - 8. Upon receipt of written notification from the City certifying that the Contract is final and complete and that the Contractor has complied with all requirements and procedures applicable to the Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. 9. The Escrow Agent shall rely on the written notifications from the City and the Contractor pursuant to sections (1) to (8), inclusive, of this agreement and the City and Contractor shall hold Escrow Agent harmless from Escrow Agent's release, conversion and disbursement of the securities and interest as set forth above. 10. The names of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: For City: _- For Contractor: For Escrow Agent: Title FINANCE DIRECTOR Name Signature Address Title Name Signature Address Title Name Signature Address At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. t3 Revised 10l08l03 Contract No. FAC 05-03A (RE-BID) Page 36 of 58 Pages IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. For City: For Contractor: For Escrow Agent: Title MAYOR Name Signature Address Title Name Signature Address Title Name Signature Address Revised 10/08/03 Contract No. FAC 05-03A (RE-BID) Page 37 of 58 Pages SUPPLEMENTAL PROVISIONS FOR SAFETY SERVICE CENTER AUDITORIUM REMODEL CONTRACT NO. FAC 05-03A (RE-BID) SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 1, GENERAL PROVISIONS SECTION 1 -- TERMS, DEFINITIONS ABBREVIATIONS AND SYMBOLS 1-1 TERMS Add the following section: 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. Add the following section: 1-1.2 Directions. Where words "directed", "designated", "selected", or words of similar import are used, it shall be understood that the direction, designation or selection of the Engineer is intended, unless stated otherwise. The word "required" and words of similar import shall be understood to mean "as required to properly complete the work as required and as approved by the Engineer," unless stated otherwise. Add the following section: 1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "equivalent", and such words of similar import are used, it shall be understood such words are followed by the expression "in the opinion of the Engineer", unless otherwise stated. Where the words "approved", "approval", "acceptance", or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Engineer is intended. Add the following section: 1-1.4 Perform. The word "perform" shall be understood to mean that the Contractor, at its expense, shall perform all operations, labor, tools and equipment, and further, including the furnishing and installing of materials that are indicated, specified or required to mean that the Contractor, at its expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools, equipment, and transportation. e Revised 10/08/03 Contract No. FAC 05-03A (RE-BID) Page 30 of 50 Pages 1-2 DEFINITIONS. Modify as follows: The following words, or groups of words, shall be exclusively defined by the definitions assigned to them herein. Agency - the City of Carlsbad, California. City Council -the City Council of the City of Carlsbad. City Manager -the City Manager of the City of Carlsbad or hidher approved representative. Dispute Board - persons designated by the City Manager to hear and advise the City Manager on claims submitted by the Contractor. The City Manager is the last appeal level for informal dispute resolution. Engineer - the Public Works Director of the City of Carlsbad or his/her approved representative. The Engineer is the third level of appeal for informal dispute resolution. Minor Bid Item - a single contract item constituting less than 10 percent (10%) of the original Contract Price bid. Own Organization - When used in Section 2-3.1 - Employees of the Contractor who are hired, directed, supervised and paid by the Contractor to accomplish the completion of the Work. Further, such employees have their employment taxes, State disability insurance payments, State and Federal income taxes paid and administered, as applicable, by the Contractor. When used in Section 2-3.1 ”own organization” means construction equipment that the Contractor owns or leases and uses to accomplish the Work. Equipment that is owner operated or leased equipment with an operator is not part of the Contractor‘s Own Organization and will not be included for the purpose of compliance with section 2-3.1 of the Standard Specifications and these Supplemental Provisions. Owner Operator/Lessor - Any person who provides equipment or tools with an operator provided who is employed by neither the Contractor nor a subcontractor and is neither an agent or employee of the Agency or a public utility. Principal Inspector - The Senior Inspector’s immediate supervisor and second level of appeal for informal dispute resolution. Project Inspector - the Engineer’s designated representative for inspection, contract administration and first level for informal dispute resolution. Project Manager - the Deputy Public Works Director / General Services of the City of Carlsbad or hidher approved representative. Senior Inspector - the Project Inspector’s immediate supervisor and first level of appeal for informal dispute resolution. Revised 10/08/03 Contract No. FAC 05-03A (RE-BID) Page 39 of 58 Pages 1-3 ABBREVIATIONS 1-3.2 Common Usage, add the following: Abbreviation Word or Words Bldg ........................................ Building band Buildings CMWD .................................... Carlsbad Municipal Water District CSSD .................................... .Carlsbad Supplemental Standard Drawings cfs ........................................... Cubic Feet per Second Comm ..................................... Commercial DR .......................................... Dimension Ratio E ............................................. Electric G ............................................. Gas gal ........................................... Gallon and Gallons Gar ......................................... Garage and Garages GNV ........................................ Ground Not Visible gpm ........................................g allons per minute I E ............................................ Invert Elevation LCWD ..................................... Leucadia County Water District MSL ........................................ Mean Sea Level (see Regional Standard Drawing M-12) MTBM ..................................... Microtunneling Boring Machine NCTD ..................................... North County Transit District OHE ........................................ Overhead Electric OMWD ................................... Olivenhain Municipal Water District S ............................................. Sewer or Slope, as applicable SDNR ..................................... San Diego Northern Railway SDRSD ................................... San Diego Regional Standard Drawing SFM ........................................ Sewer Force Main UE .......................................... Underground Electric W ............................................ Water, Wider or Width, as applicable VW D ....................................... Vallecitos Water District Apts ........................................ Apartment and Apartments ROW ...................................... Right-of-way T ............................................. Telephone SECTION 2 -- SCOPE AND CONTROL OF THE WORK 2-3 SUBCONTRACTS. 2-3.1 General, add the following: 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 to 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 City Council 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 City Council and shall be notified ten (IO) days in advance of the time and location of said hearing. The determination of the City Council shall be final. @ Revised 10/08/03 Contract No. FAC 05-03A (RE-BID) Page 40 of 58 Pages 2-4 CONTRACT BONDS, modify the second sentence of paragraph one as follows: Delete, "who is listed in the latest version of U.S. Department of Treasury Circular 570,". Modify paragraphs three and four to read: The Contractor shall provide a faithful perform- ance/warranty bond and payment bond (labor and materials bond) for this contract. The faithful performance/warranty bond shall be in the amount of 100 percent of the contract price. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to: 1) One hundred percent (100%) of the total amount payable by the terms of the contract when the total amount payable does not exceed five million dollars ($5,000,000). 2) Fifty percent (50%) of the total amount payable by the terms of the contract when the total amount payable is not less than five million dollars ($5,000,000) and does not exceed ten million dollars ($1 0,000,000). 3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the contract exceeds ten million dollars ($1 0,000,000). 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. Add the following: 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 unrevoked appointment, power of attorney, by laws, or other 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. instrument entitling or authorizing the person who executed the bond to do so. If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of the insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the execution of the bond. The financial statement shall be made by an officer's certificate as defined in Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may be verified by the oath of the principal officer or manager residing within the United States. 2-5 PLANS AND SPECIFICATIONS. 2-5.1 General, add the following: The specifications for the work include the Standard Specifications for Public Works Construction, (SSPWC), 1997 Edition, and the 1998 AND 1999 supplements thereto, hereinafter designated "SSPW C", as written and promulgated by Joint Cooperative Committee of the Southern California Chapter American Public Works Association and Southern California Districts Associated General Contractors of California, and as amended by the Supplemental Provisions section of this contract. Revised 10/08/03 Contract No. FAC 05-03A (RE-BID) Page 41 of 58 Pages The construction plans consist of one set. The set is designated as City of Carlsbad Drawing No. 422-7 and consists of 9 sheets. The standard drawings used for this project are the latest edition of the San Diego Area Regional Standard Drawings, hereinafter designated SDRS, as issued by the San Diego County Department of Public Works, together with the most recent editions of the City of Carlsbad supplemental Standard Drawings, hereinafter designated as CSSD, as issued by the City of Carlsbad and the Carlsbad Municipal Water District Standard Plans hereinafter designated as CMWDSD, as issued by the Carlsbad Municipal Water District. Copies of some of the pertinent standard drawings are enclosed as an appendix to these Supplemental Provisions. 2-5.2 Precedence of Contract Documents, modify as follows: 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) Supplemental Provisions. 3) Plans. 4) Standard Plans. a) City of Carlsbad Supplemental Standard Drawings. b) Carlsbad Municipal Water District Standard Drawings. c) City of Carlsbad modifications to the San Diego Area Regional Standard Drawings. d) San Diego Area Regional Standard Drawings. e) State of California Department of Transportation Standard Plans. 5) Standard Specifications for Public Works Construction. 6) Reference Specifications. 7) Manufacturer’s Installation Recommendations. Change Orders, Supplemental Agreements and approved revisions to Plans and Specifications will take precedence over items 2) through 7) above. Detailed plans and plan views shall have precedence over general plans. 2-5.3.3 Submittals, add the following: 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@) 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. a Revised 10/08/03 Contract No. FAC 05-03A (RE-BID) Page 42 of 58 Pages When submitted for the Engineer's review, Shop Drawings shall bear the Contractor's certification that the Contractor has reviewed, checked, and approved the Shop Drawings and that they are in conformance with the requirements of the Contract Documents. The Contractor shall subscribe to and shall place the following certification on all submittals: "I hereby certify that the (equipment, material) shown and marked in this submittal is that proposed to be incorporated into .this Project, is in compliance with the Contract Documents, can be installed in the allocated spaces, and is submitted for approval." By: Title: Date: Company Name: Add the following: 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 (1 0) 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 therefor. 2-10 AUTHORITY OF BOARD AND ENGINEER. Add the following section: 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. Add the following section: 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 personnet, 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. a Revised 10/08/03 Contract No. FAC 05-03A (RE-BID) Page 43 of 58 Pages 3-2 CHANGES INITIATED BY THE AGENCY. 3-2.2.1 Contract Unit prices, add the following: In the case of an increase or decrease in quantity of a minor bid item in excess of 25 percent of the original quantity bid the adjustment of contract unit price for such items will be limited to that portion of the change in excess of 25 percent of the original quantity listed in the Contractor’s bid proposal for this contract. Adjustments in excess of 25 percent may, at the option of the Engineer, be paid pursuant to section 3-3, Extra Work. 3-3 EXTRA WORK. 3-3.2.2 ( c ) Tool and Equipment Rental, second paragraph, modify as follows: Regardless of ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs shall be the edition of the, “Labor Surcharge and Equipment Rental Rates” published by CALTRANS, current at the time of the actual use of the tool or equipment. The right-of-way delay factors therein shall be used as multipliers of the rental rates for determining the value of costs for delay to the Contractor and subcontractors, if any. The labor surcharge rates published therein are not a part of this contract. 3-3.2.3 Markup, Delete sections 3-3.2.3 (a) and (b) and replace with the following: (a) 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. Work by Contractor. The following percentages shall be added to the Contractor‘s costs and I (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, add the following after the second sentence: 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. 3-4 CHANGED CONDITIONS. Delete the second sentence of paragraph three, delete paragraph five (5), and add the following: The Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the Engineer, including failure or refusal to issue a change order, or for the happening of any event, thing, occurrence, or other cause, unless the Contractor shall have first given the Engineer due written notice of potential claim as hereinafter specified. Compliance with this section shall not be required as a prerequisite to notice provisions in Section 6-7.3 Contract Time Accounting, nor to any claim that is based on differences in measurement or errors of computation as to contract quantities. The written notice of potential claim for changed conditions shall be submitted by the Contractor to the Engineer upon their discovery and prior to the time that the Contractor performs the work giving rise to the potential claim. The Contractor’s failure to give written notice of potential claim for changed conditions to the agency upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. Revised 10/08/03 Contract No. FAC 05-03A (RE-BID) Page 44 of 58 Pages The Contractor shall provide the City with a written document containing a description of the particular circumstances giving rise to the potential claim, the reasons for which the Contractor believes additional compensation may be due and nature of any and all costs involved within 20 working days of the date of service of the written notice of potential claim for changed conditions. Verbal notifications are disallowed. The potential claim shall include the following certification relative to the California False Claims Act, Government Code Sections 12650-1 2655. ”The undersigned certifies that the above statements are made in full cognizance of the California False Claims Act, Government Code sections 12650-1 2655. The undersigned further understands and agrees that this potential claim, unless resolved, must be restated as a claim in response to the City’s proposed final estimate in order for it to be further considered.” By: Title: Company Name: The Contractor’s estimate of costs may be updated when actual costs are known. The Contractor shall submit substantiation of its actual costs to the Engineer within 20 working days after the affected work is completed. Failure to do so shall be sufficient cause for denial of any claim subsequently filed on the basis of said notice of potential claim. It is the intention of this section that differences between the parties arising under and by virtue of the contract be brought to the attention of the Engineer at the earliest possible time in order that such matters be settled, if possible, or other appropriate action promptly taken. 3-5 DISPUTED WORK. Add the following: 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. Delete second sentence of paragraph one and add the following: 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. Senior Inspector 3. Principal Inspector 4. Public Works Director 5. City Manager e Revised 10/08/03 Contract No. FAC 05-03A (RE-BID) Page 45 of 58 Pages The Contractor shall submit a complete report within 20 working days after completion of the disputed work stating its position on the claim, the contractual basis for the claim, along with all documentation supporting the costs and all other evidentiary materials. At each level of claim or appeal of claim the City will, within 10 working days of receipt of said claim or appeal of claim, review the Contractor's report and respond with a position, request additional information or request that the Contractor meet and present its report. When additional information or a meeting is requested the City will provide its position within 10 working days of receipt of said additional information or Contractor's presentation of its report. The Contractor may appeal each level's position up to the City Manager after which the Contractor may proceed under the provisions of the Public Contract Code. The authority within the dispute resolution chain of command is limited to recommending a resolution to a claim to the City Manager. Actual approval of the claim is subject to the change order provisions in the contract. All claims by the contractor for $375,000 or less shall be resolved in accordance with the procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Section 201 04) which is set forth below: ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS 20104. (a)(l) 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)(l) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that "public work" does not include any work or improvement contracted for by the state or the Regents of the University of California. (2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency. (c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications for any work which may give rise to a claim under this article. (d) This article applies only to contracts entered into on or after January 1, 1991. 1 201 04.2. 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)(l) 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)(l) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written Revised 10/08/03 Contract No. FAC 05-03A (RE-BID) Page 46 of 58 Pages claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater, (d) If the claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency's response or within 15 days of the local agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. (f) This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. 20104.4. The following procedures are established for all civil actions filed to resolve claims subject to this article: (a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator. (b)(l) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141 .I 0) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section I1 41.1 1 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure) shall apply to any proceeding brought under the subdivision consistent with the rules pertaining to judicial arbitration. (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds. (3) In addition to Chapter 2.5 (commencing with Section 1141 .lo) Title 3 of Part 3 of the Code of Civil Procedure, any patty 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. a Revised 10/08/03 Contract No. FAC 05-03A (RE-BID) Page 47 of 58 Pages i- 20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed except as otherwise provided in the contract. (b) In any suit filed under Section 201 04.4, 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. SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP. 4-1.3.1 General, add the following: 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. 4-1.4 Test of Materials, delete the phrase, “and a reasonable amount of retesting”, from the third sentence of the first paragraph. add the following: Except as specified in these Supplemental 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 and the 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. 4-1.6 Trade names or Equals, add the following: The Contractor is responsible for the satisfactory performance of substituted items. If, in the sole opinion of the Engineer, the substitution is determined to be unsatisfactory in performance, appearance, durability, compatibility with associated items, availability of repair parts and suitability of application the Contractor shall remove the substituted item and replace it with the originally specified item at no cost to the Agency. Revised 10/08/03 Contract No. FAC 05-03A (RE-BID) Page 48 of 58 Pages Add the following section: The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm the quantity and quality received, prepare storage area(s), store, handle, protect, move, relocate, remove and dispose excess of all materials used to accomplish the Work. Materials shall be delivered to the site of the work only during working hours, as defined in section 6-7.2, and shall be accompanied by bills of lading that shall clearly state for each delivery: the name of the Contractor as consignee, the project name and number, address of delivery and name of consignor and a description of the material(s) shipped. Prior to storage of any materials which have been shipped to or by the Contractor to any location within the Agency’s boundaries the Contractor shall provide the Engineer a copy of lease agreements for each property where such materials are stored. The lease agreement shall clearly state the term of the lease, the description of materials allowed to be stored and shall provide for the removal of the materials and restoration of the storage site within the time allowed for the Work. All such storage shall conform to all laws and ordinances that may pertain to the materials stored and to preparation of the storage site and the location of the site on which the materials are stored. Loss, damage or deterioration of all stored materials shall be the Contractor’s responsibility. Conformance to the requirements of this section, both within and outside the limits of work are a part of the Work. The Engineer shall have the right to verify the suitability of materials and their proper storage at any time during the Work. 4-2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE. / SECTION 5 -- UTILITIES 5-1 LOCATION. Delete the first paragraph and substitute the following: 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. 5-4 RELOCATION. Add the following: In conformance with section 5-6 the Contractor shall coordinate the work with utility agencies and companies. Prior to the installation of any and all utility structures within the limits of work by any utility agency or company, or its contractor, the Contractor shall place all curb or curb and gutter that is a part of the work and adjacent to the location where such utility structures are shown on the plans and are noted as being located, relocated or are otherwise shown as installed by others. In order to minimize delays to the Contractor caused by the failure of other parties to relocate utilities that interfere with the construction, the Contractor, upon the Engineer’s approval, may be permitted to temporarily omit the portion of work affected by the utility. If such’temporary omission is approved by the Engineer the Contractor shall place survey or other physical control markers sufficient to locate the curb or curb and gutter to the satisfaction of the utility agency or company. Such temporary omission shall be for the Contractor’s convenience and no additional compensation will be allowed therefor or for additional work, materials or delay associated with the temporary omission. The portion thus omitted shall be constructed by the Contractor immediately following the relocation of the utility involved unless otherwise directed by the Engineer. Revised 10/08/03 Contract No. FAC 05-03A (RE-BID) Page 49 of 58 Pages SECTION 6 -- PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK I 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Delete section 6-1 and substitute the following: Except as otherwise provided herein and unless otherwise prohibited by permits from other agencies as may be required by law the Contractor shall begin work within 10 calendar days after receipt of the ”Notice to Proceed”. Add the following section: 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. Add the following section: 6-1.1.1 Baseline Construction Schedule Submittal. The Contractor shall submit the Baseline Construction Schedule per the submittal requirements of section 2-5.3. The submittal of the Baseline Construction Schedule shall include each item and element of sections 6-1.2 through 6-1.2.9 and shall be on hard (paper) copy and electronic media conforming to section 6-1.3.3 Electronic Media. Add the following section: 6-1.2 Preparation and Review of the Baseline construction Schedule. The Contractor shall prepare the Baseline Construction Schedule as a Critical Path Method (CPM) Schedule in the precedence diagram method (activity-on-node) format. The Baseline Construction Schedule shall depict a workable plan showing the sequence, duration, and interdependence of all activities required to represent the complete performance of all project work as well as periods where work is precluded. The Baseline Construction Schedule shall begin with the projected date of issuance of the notice to proceed and conclude with the date of final completion per the contract duration. The Baseline Construction Schedule shall include detail of all project phasing, staging, and sequencing, including all milestones necessary to define beginning and ending of each phase or stage. Add the following section: 6-1.2.4 Schedule Software. The Contractor shall use commercially available software equal to the Windows 95 compatible “Suretrak” program by Prirnavera or “Project” program by Microsoft Corporation to prepare the Baseline Construction Schedule and all updates thereto. The Contractor shall submit to the Agency a 89 mm (3.5) data disk with all network information contained thereon, in a format readable by a Microsoft Windows 95 system. The Agency will use a “Suretrak”, “Project” or equal software program for review of the Contractor’s schedule. Should the Contractor elect to use a scheduling program other than the “Suretrak“ program by Primavera or “Project” program by Microsoft Corporation the Contractor shall provide the Engineer three copies of the substituted program that are fully licensed to the Agency and 32 class hours of on-site training by the program publisher for up to eight Agency staff members. The classes shall be presented on Mondays through Thursdays, inclusive, between the hours of 8:OO a.m. and 5:OO p.m. The on-site training shall be held at 1635 Faraday Avenue, Carlsbad, California. The dates and times of the on-site training shall be submitted to the Engineer for approval five working days before the start of the on-site training. The on-site training shall be completed prior to the submittal of the first Baseline Construction Schedule, ‘ @ Revised 10/08/03 Contract No. FAC 05-03A (RE-BID) Page 50 of 58 Pages Add the following section: 6-1.2.5 Schedule Activities. Except for submittal activities, activity durations shall not be shorter than 1 working day nor longer than 15 working days, unless specifically and individually allowed by the Engineer. The Baseline Construction Schedule shall include between 100 and 500 activities, including submittals, interfaces between utility companies and other agencies, project milestones and equipment and material deliveries. The number of activities will be sufficient, in the judgment of the Engineer, to communicate the Contractor’s plan for project execution, to accurately describe the project work, and to allow monitoring and evaluation of progress and of time impacts. Each activity‘s description shall accurately define the work planned for the activity and each activity shall have recognizable beginning and end’ points. Add the following section: 6-1.2.6 Float. Float or slack time within the schedule is available without charge or compensation to whatever party or contingency first exhausts it. Add the following section: 6-1.2.7 Restraints to Activities. Any submittals, utility interfaces, or any furnishing of Agency supplied materials, equipment, or services, which may impact any activity’s construction shall be shown as a restraint to those activities. Time periods to accommodate the review and correction of submittals shall be included in the schedule. Add the following section: 6-1.2.8 Late Completion. A Baseline Construction Schedule showing a project duration longer than the specified contract duration will not be acceptable and will be grounds for determination of default by Contractor, per section 6-4. Add the following section: 6-1.2.9 Early Completion. The Baseline Construction Schedule will show the Contractor’s plan to support and maintain the project for the entire contractual time span of the project. Should the Contractor propose a project duration shorter than contract duration, a complete Baseline Construction Schedule must be submitted, reflecting the shorter duration, in complete accordance with all schedule requirements of section 6-1. The Engineer may choose to accept the Contractor’s proposal of a project duration shorter than the duration specified; provided the Agency is satisfied the shortened Baseline Construction Schedule is reasonable and the Agency and all other entities, public and private, which interface with the project are able to support the provisions of the shortened Baseline Construction Schedule. The Agency’s acceptance of a shortened duration project will be confirmed through the execution of a contract change order revising the project duration and implementing all contractual requirements including liquidated damages in accordance with the revised duration. Add the following section: 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. a Revised 10/08/03 Contract No. FAC 05-03A (RE-BID) Page 51 of 58 Pages The Engineer will review and return to the Contractor, with any comments, the Baseline Construction Schedule within 15 working days of submittal. The Baseline Construction Schedule will be returned marked as per sections 6-1.2.10.1 through 6-1.2.1 0.3. Add the following section: 6-1.2.1 0.1 “Accepted.” The Contractor may proceed with the project work upon issuance of the Notice to Proceed, and will receive payment for the schedule in accordance with section 6-1.8.1. Add the following section: 6-1.2.10.2 “Accepted with Comments.” The Contractor may proceed with the project work upon issuance of the Notice to Proceed. The Contractor must resubmit the schedule incorporating the comments prior to receipt of payment per section 6-1.8.1. Add the following section: 6-1.2.1 0.3 “Not Accepted.” The Contractor must resubmit the schedule incorporating the corrections and changes of the comments prior to receipt of payment per section 6-1.8.1. The Notice to Proceed will not be issued by the Engineer if the changes of the comments are not submitted as required hereinbefore and marked “Accepted” or “Accepted with Comments” by the Engineer. The Contractor, at the sole option of the Engineer, may be considered as having defaulted the contract under the provisions of section 6-4 DEFAULT BY CONTRACTOR if the changes of the comments are not submitted as required hereinbefore and marked “Accepted” by the Engineer. Add the following section: 6-1.3 Preparation of Schedule Updates and R&isions. The Contractor shall meet with the Engineer during the last week of each month to agree upon each activity’s schedule status and shall submit monthly updates of the Baseline Construction Schedule confirming the agreements no later than the fifth working day of the following month. The monthly update will be submitted on hard (paper) copy and electronic media conforming to section 6-1.3.3 Electronic Media per the submittal requirements of section 2-5.3 and will include each item and element of sections 6-1.2 through 6- 1.2.9 and 6-1.3.1 through 6-1.3.7. Add the following section: 6-1.3.1 Actual Activity Dates. The actual dates each activity was started and/or completed during the month. After first reporting an actual date, the Contractor shall not change that actual date in later updates without specific notification to the Engineer with the update. Add the following section: 6-1.3.2 Activity Percent Complete. For each activity underway at the end of the month, the Contractor shall report the percentage determined by the Engineer as complete for the activity. Add the following section: 6-1.3.3 Electronic Media. The schedule data disk shall be a 89 mm (3’/2.) high density diskette, labelled with the project name and number, the Contractor’s name and the date of preparation of the schedule data disk. The schedule data disk shall be readable by the software specified in section 6- 1.2.4 “Schedule Software” and shall be free of file locking, encryption or any other protocol that would impede full access of all data stored on it. Add the following section: 6-1.3.4 List of Changes. A list of all changes made to the activities or to the interconnecting logic, with an explanation for each change. @ Revised 10/08/03 Contract No. FAC 05-03A (RE-BID) Page 52 of 58 Pages Add the following section: 6-1.3.5 Change Orders, Each monthly update will include the addition of the network revisions reflecting the change orders approved in the previous month. The network revisions will be as agreed upon during the review and acceptance of the Contractor’s change orders. Add the following section: 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”. Add the following section: 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. Add the following section: 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. Add the following section: 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 prcjceed 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. Add the following section: 6-1.5 Late Completion or Milestone Dates. Should the Schedule Update indicate a completion or contractually required milestone date later than the properly adjusted contract or milestone duration, the Agency may withhold Liquidated Damages for the number of days late. Should a subsequent “Accepted” Schedule Update remove all or a portion of the delay, all or the allocated portion of the previously held Liquidated Damages shall be released in the monthly payment to the Contractor immediately following the “Accepted” schedule. Add the following section: 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 subsection “substantially different” means a time variance greater than 5 percent of the number of days of duration for the project. e Revised 10/08/03 Contract No. FAC 05-03A (RE-BID) Page 53 of 58 Pages Add the following section: 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. Add the following section: 6-1.1 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 therefor. 6-2 PROSECUTION OF WORK. Add the following section: 6-2.1 Order of Work. The work to be done shall consist of furnishing all labor, equipment and materials, and performing all operations necessary to complete the Project Work as shown on the Project Plans and as specified in the Specifications. The work includes installing of new audio visual equipment, renovation and remodeling three auditoriums, which includes the City‘s Emergency Operations Center (EOC). Add the following section: 6-2.3 Project Meetings. The Engineer will establish the time and location of bi-weekly Project Meetings. Each Project Meeting shall be attended by the Contractor’s Representative. The Project Representative shall be the individual determined under section 7-6, “The Contractor’s Representative”, SSPWC. No separate payment for attendance of the Contractor, the Contractor’s Representative or any other ernployee or subcontractor or subcontractor’s employee at these meetings will be made. 6-6 DELAYS AND EXTENSIONS OF TIME. 6-6.4 Written Notice and Report. Modify as follows: 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@) required by this section the Contractor agrees that no delay has occurred and that it will not submit any claim(s) therefor. 6-7 TIME OF COMPLETION. Add the following: The Contractor shall diligently prosecute the work to completion within @working days after the starting date specified in the Notice to Proceed. 6-7.2 Working Day. Add the following: Unless otherwise approved in writing by the Engineer, the hours of work shall be between the hours of 7:OO a.m. and 4:OO 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 hidher 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. . Revised 10/08/03 Contract No. FAC 05-03A (RE-BID) Page 54 of 58 Pages 6-8 COMPLETION AND ACCEPTANCE. Delete the second paragraph and add the following: 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. Delete the first sentence of the third paragraph and substitute the following two sentences: All work shall be warranted for one (1) year after recordation of the “Notice of Completion” and any faulty work or materials discovered during the warranty period shall be repaired or replaced by the Contractor, at its expense. Twenty-five percent of the faithful performance bond shall be retained as a warranty bond for the one year warranty period. 6-9 LIQUIDATED DAMAGES. Modify the last sentence of the first paragraph and the first sentence of the second paragraph and add the following: For each consecutive calendar day in excess of the time specified for completion of Work, as adjusted in accordance with 6-6, the Contractor shall pay the Agency, or have withheld monies due it, the sum of Five Hundred Dollars ($500.00). Execution of the Contract shall constitute agreement by the Agency and Contractor that $500.00 per day is the minimum value of costs and actual damages caused by the Contractor to complete the Work within the allotted time. Any progress payments made after the specified completion date shall not constitute a waiver of this paragraph or of any damages. SECTION 7 -- RESPONSIBILITIES OF THE CONTRACTOR 7-3 LIABILITY INSURANCE. Modify as follows: All insurance is to be placed with insurers that have a rating in Best’s Key Rating Guide of at least A-:V and 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. 7-4 WORKERS’ COMPENSATION INSURANCE. Add the following: 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. Delete the first sentence and add the following four sentences: Except as specified herein the agency will obtain, at no cost to the Contractor, all encroachment, right-of-way, grading, resource agency and building permits necessary to perform work for this contract on Agency property, in streets, highways (except State highway right-of-way), railways 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@) shall be included in the price bid for the appropriate bid item and no additional compensation will be allowed therefor. a Revised 10/08/03 Contract No. FAC 05-03A (RE-BID) Page 55 of 58 Pages 7-7 COOPERATION AND COLLATERAL WORK. Add the following section: 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. Add the following: 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 hidher 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 therefor. 7-8.5 Temporary Light, Power and Water. Add the following: 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 therefor. Said costs shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefor. 7-8.6 Water Pollution Control. .Add the following The Contractor shall comply with all requirements of the storm water pollution and monitoring plan prepared for this project in accordance with the California State Water Resources Control Board order number 92-08-DWQ NPDES General Permit number CAS000002 and the ‘‘Water Discharge Requirement for Discharges of Storm Water Runoff Associated with Construction Activity” Add the following section: 7-8.8 Noise Control. All internal combustion engines used in the construction shall be equipped with mufflers in good repair when in use on the project with special attention to the City Noise Control Ordinance, Carlsbad Municipal Code Chapter 8.48. 7-10 PUBLIC CONVENIENCE AND SAFETY. 7-10.1 Traffic and Access. add the following: 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 929-941 7. Add the following section: 7-10.4.4 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. e Revised 10/08/03 Contract No. FAC 05-03A (RE-BID) Page 56 of 50 Pages 7-13 LAWS TO BE OBSERVED. Add the following: 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. ‘ SECTION 9 -- MEASUREMENT AND PAYMENT 41 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK 9-1.4 Units of Measurement, modify as follows: The system of measure for this contract shall be the U.S. Standard Measures. 9-3 PAYMENT. 9-3.1 General. Delete the eighth paragraph and substitute the following: Guarantee periods shall not be affected by any payment but shall commence on the date of recordation of the “Notice of Completion’’ Add the following section: 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. a Revised 10/08/03 Contract No. FAC 05-03A (RE-BID) Page 57 of 58 Pages SAFETY SERVICE CENTER AUDITORIUM REMODEL CONTRACT NO. FAC 05-03A (RE-BID) SUPPLEMENTAL PROVISIONS APPENDIX A TECHNICAL SPECIFICATIONS e Revised 10/08/03 Contract No. FAC 05-03A (RE-BID) Page 58 of 58 Pages City of Carlsbad Safety Center Auditorium Remodel July 2004 TABLE OF CONTENTS TECHNICAL PROVISIONS Section 01 01 0.. ................................................. .Summary of Work Section 01 100.. ................................................. Substitutions Section 01 200.. .................................................. Coordination and scheduling Section 01300 ................................................. ..Submittals Section 01 400.. ................................................. Quality Control Section 0951 0.. .................................................. Acoustical Ceilings Section 09680.. ................................................ ..Carpeting Section 09970.. ................................................ ..Vinyl Wall Coverings Section 09900.. .................................................. Painting Section 10650.. .................................................. Folding Acoustic Doors Section 1 1 130. ................................................... Audio Visual Section 161 10.. .................................................. Raceways and Boxes lntrospec Architectural Consultants ~ City of Carlsbad Safety Center Auditorium Remodel July 2004 (' SECTION 01010 - SUMMARY OF WORK 1.01 SCOPE A. The Contractor shall supply all labor, transportation, material, apparatus and tools necessary for the entire proper completion of this work, and shall install, maintain and remove all equipment for the proper execution of his contract, and be responsible for safe, proper and lawful performance of his equipment, maintenance and the use of the same, and shall perform in the best manner, and everything properly incidental thereto, as stated in the contract documents, or reasonably implied therein all work as outlined in this manual. 1.02 EXISTING CONDITIONS A. The contractor shall make a site inspection and evaluation of the existing general condition of the building and premises to substantially and adequately determine his ability to perform the work as specified herein. This evaluation shall be conducted prior to submittal of any bid or proposal regarding this project and as required by the purchasing conditions of the project manual. B. The details and information contained in this manual are not represented or guaranteed by the City of Carlsbad or Consultant to be accurate as to the actual "as built" condition of the building or any modification thereof. The bidder shall verify all dimensions, quantities of all materials, products and time required to complete the disciplines outlined herein. 1.03 DESCRIPTION OF WORK A. The work includes, but is not limited to, installation of new audio visual equipment, renovation and remodeling of the Emergency Response Center Auditoriums as specified in the pre-bid meeting and as specified in the drawings and details attached hereto. B. Interior work includes new acoustical partition doors, painting, wall coverings, molding, electrical, demolition and drywall work, provision and installation of new audio visual equipment and training services as specified herein. C. The Contractor shall be responsible for obtaining all permits, licenses as required by local, state and federal government departments, agencies or boards. END OF SECTION lntrospec Architectural Consultants City of Carlsbad Safety Center Auditorium Remodel July 2004 SECTION 01 100 - SUBSTITUTIONS 1.01 DESCRIPTION A. Whenever possible throughout the Contract Documents, the minimum acceptable quality workmanship and materials has been defined by manufacturer's name and catalog number referenced to recognize industry standards or description of required attributes and performance. B. To ensure that the specified products are furnished and installed in accordance with the original design intent, procedures have been established for advance submittal design data and for the review by the The City of Carlsbad's Representative and the Consultant. C. Make all submittals required by the Contract Documents, and revise and resubmit as required to establish compliance with the specified requirements. 1.02 SUBSTITUTIONS A. Substitutions shall only be accepted only after the base bid is submitted by the bidding contractor based on the specified products, construction, services. These specifications have been prepared to limit design and application procedures to certain materials and their installation procedures. The intent of the specifications is not to limit competitive bidding, only to assure compliance with the wishes of The City of Carlsbad to utilize proven systems which have provided satisfactory results in the past through experience of the Consultant and The City of Carlsbad. 1.03 PRODUCTS A. In the event substitutions become necessary, the contractor shall provide manufacturer's cut sheets, product safety information and required environmental data sheets. Complete manufacturers literature, suppliers information shall also be required. B. All substitutions required to complete the project shall be equal to or superior in all character, physical properties and shall meet or exceed ASTM grading methods. The submittal shall include and clearly identify all physical properties and performance characteristics of both the original and proposed product for substitution. C. Both the City of Carlsbad's Representative and the Consultant, shall make the final decision of acceptability of the proposed product substitution. lntrospec Architectural Consultants City of Carlsbad Safety Center Audio Visual Project July 2004 ( 1.04 QUALITY ASSURANCE A. Prior to each submittal, carefully review and coordinate all aspects of each item being submitted and verify that each item and the submittal for it conforms in all respects with the original requirements of the Contract Documents. 1.05 MANUFACTURER'S LITERATURE A. Where contents of submitted literature from manufacturers includes data not pertinent to the submittal, clearly indicate which portion of the literature pertains to the proposed change, which is being submitted for change. 6. Number of copies required, shall include an adequate amount for proper authorization and return, plus an amount allowing for a copy to be retained by the City of Carlsbad and the Consultant. 1.06 SAMPLES A. Samples of proposed substitutions shall be submitted upon request for review and approval of the Consultant and the City of Carlsbad. B. Samples shall be provided in adequate quantities for this purpose if requested. The samples shall be. precise and reflect exactly the proposed substitution. C. Unless the colors and pattern is specifically described in the Contract Documents, and whenever a choice of color or pattern is available in a specified product, submit accurate color and pattern charts to the Consultant for review and approval. END OF SECTION lntrospec Architectural Consultants City of Carlsbad Safety Center Audio Visual Project July 2004 SECTION 01200 - COORDINATION AND SCHEDULING 1.01 SITE AND ACCESS AND AVAILABILITY A. Bidders must attend the Pre-Bid meeting. If additional inspections are required, an appointment may be made with the Consultant or the City of Carlsbad for access. B. Pursuant to execution of a contract and written Notice to Proceed is issued by the Consultant or The City of Carlsbad, the premises shall be made available for completion of the work as specified. Care, custody and control of the work site, equipment area and material storage area are vested in the Contractor during the operations under the contract. C. Failure to examine the project building site and to become familiar with the existing conditions shall not constitute cause for complaint or for extra charges what soever. D. Existing conditions may not be shown on the drawings (if included) and some modification of details may be required to accomplish the intent of the documents. All modifications or adjustments are to be approved in advance by the Consultant. E. Means of ingress or egress to buildings shall not be blocked for any reason or hamper the normal operations of the building in any way unless permission is first obtained from The City of Carlsbad. Fire protection and immediate access for fire- fighting equipment must be maintained at all times. 1.02 ENVIRONMENT REQUIREMENTS A. The Contractor shall protect the occupants of the building from dust, moisture, or fumes, of any kind during construction and shall inform the Consultant of any conditions, which could affect occupancy during completion of the work. B. The City of Carlsbad states that there are no known environmental health hazards related to the work included in this project. 1.03 COORDINATION WITH THE CITY OF CARLSBAD A. It is The City of Carlsbad’s intention that the building will be utilized in the usual manner in accordance with normal schedule: therefore, the Contractor executing this contract, work must schedule his work so as to interfere least with normal activities and shall coordinate his work with The City of Carlsbad for areas affecting interior spaces having critical occupancy requirements. 8. Work that might interfere with the use of the facilities by The City of Carlsbad shall be accomplished at a time approved beforehand by the City of Carlsbad. lntrospec Architectural Consultants City of Carlsbad Safety Center Audio Visual Project July 2004 ' C. Prior to starting any work on the Contract, The City of Carlsbad's Representative and the Contractor will meet at the site to determine procedures and schedules, review submittals for the work. The job supervisor shall be present at this meeting. 1.04 COORDINATION OF THE WORK A. The Contractor submitting the bid to The City of Carlsbad has the responsibility for coordinating the work of subcontractors and for scheduling all work so a safe, debris free, obstacle free condition (in all common areas and rest rooms) is maintained and all work required by the Contract Documents is completed and scheduled. B. The Contractor shall submit a detailed work schedule prior to commencement of the work as specified herein. 1.05 STATEMENT OF COORDINATION A. B. C. D. The Contract Documents have been checked by the Consultant, and to the best of his knowledge and belief, are reasonably free from errors, omissions, conflicts, inconsistencies, code violations, and improper use of materials. To resolve and expedite any problems that may exist with the Contract Documents, specifications, details the contractor shall follow the procedures described herein. The Contractor shall carefully study and compare the Contract Documents and at once report to the Consultant any error, omission, conflict, inconsistency or code violation he may discover. The Contractor shall read and comply with the requirements of this section. Compliance with these requirements does not obligate the Contractor to correct the problems that are identified without written consent and instructions for corrective measures. Contractor shall resolve all exceptions that are identified, as described above, prior to commencement of the work. If any portion of the completed Statement of Coordination identifies conflicts or conditions which interfere with the integrity of, function, or architectural appearance of the work, and which cannot be resolved by the Contractor without additional expense, he shall inform the Consultant in writing. Any work performed prior to acceptance by the Consultant shall be performed at the Contractor's risk. lntrospec Architectural Consultants City of Carlsbad Safety Center Audio Visual Project July 2004 1.06 EXPEDITION OF THE WORK A. Should any activity not be completed within the number of days allowed and as i stipulated at the Pre-Bid Meeting, the City of Carlsbad's Representative shall have the right to order the Contractor to expedite completion of the activity by whatever means the City of Carlsbad's Representative deems appropriate and necessary, without additional compensation to the Contractor. B. It is expressly understood and agreed that failure by the City of Carlsbad's Representative to exercise the option to either order the Contractor to expedite an activity or to expedite the activity by other means shall not be considered precedent setting for any other activities. C. During completion of the work, any work is rejected for non-compliance, the contractor shall not be allowed to claim additional days be added to his contract time limit, nor shall the contractor have any claim whatsoever against the City of Carlsbad or Consultant for such delays. END OF SECTION lntrospec Architectural Consultants City of Carlsbad Safety Center Audio Visual Project July 2004 SECTION 01300 - SUBMllTALS i 1.01 TO BE INCLUDED WITH BID A. Provide Certificates of Insurance as required by the City of Carlsbad. 6. Contractor shall submit a completed copy of documents, approvals, permits for use in the specified construction if applicable. 1.02 DELIVERY OF REQUIRED MATERIALS A. Within 10 Days After Award of Contract: 1. Contractor shall submit two copies of a complete list of all materials and products proposed to be used in this construction. The list shall identify each item stating brand name and/or description, applicable ASTM or Federal Specification number, name of manufacturer and proposed use@). Also include thickness, sizes or gauges if applicable. 2. Contractor shall submit a complete list of all equipment proposed for use in this construction (other than regular power tools and equipment). 3. Contractor shall submit a letter from the primary material manufacturers stating intent to issue the specified guarantee. The letter shall contain the following information: a. Project name, project address and site. b. Length of guarantee. c. Shall cover all defects in labor and material, which occur during the guaranteed period. d. Manufacturer's additional requirements, if any. e. Sample copy of actual guarantee. Submit list of subcontractors, if any, for review and acceptance by the Consultant, prior to executing subcontracts. Proposed subcontractors shall be established, reputable firms with a record of satisfactory past performance with the type of work to be performed. lntrospec Architectural Consultants City of Carlsbad Safety Center Audio Visual Project July 2004 B. Prior to Fabrication 1. Shop drawings required by the specifications shall be submitted promptly to the Consultant so that review can be made without any delay in the work. Checking and acceptance of shop drawings by the Consultant is for general conformance with design intent and contract requirements and does not relieve the Contractor of the responsibility to verify accuracy of dimensions, obtain field dimensions, coordinate dimensions with work of others, and prevent interference with other equipment and other features of the work. 2. Samples of materials required by the technical specifications shall be ' submitted with complete identifying information, such as brand names, brief description, source of material, date sampled, location sampled, etc. C. During Progress of the Work 1. Contractor shall submit manufacturer's product specifications, installation instructions, and general recommendations for each principal system product required. He shall include data substantiating that materials comply with requirements including certificates and delivery logs for bulk materials, and records on field testing for pull resistance for fasteners, adhesion, or other requirements verification is to be obtained prior to commencement of application. D. Prior to Final Acceptance: 1. Written notice to the Consultant and the ity of Carlsbad that the work required of the Contractor has been completed. 2. The signed guarantee forms required in the technical sections shall be submitted to the City of Carlsbad, through the Consultant. 3. Submit warranty to the City of Carlsbad that all work, materials, and equipment are free and clear of liens, claims, security, interest, and encumbrances. END OF SECTION lntrospec Architectural Consultants City of Carlsbad Safety Center Audio Visual Project July 2004 SECTION 01400 - QUALITY CONTROL i 1.01 QUALITY CONTROL A. IntroSpec Architectural Consultants may been retained by the City of Carlsbad to provide a quality control, and a scheduled inspection program conducted during the progress of the work, including monitoring of installation of the work specified herein. B. The work may be subject to continual audit by the Consultant. The Contractor is to notify the Consultant when work is to begin in sufficient time to arrange required inspection and is to remain in continual contact with the Consultant during the progress of the work either in person or telephonically. He shall provide safe access to all work areas during the completion of the work. C. The Contractor has been allowed a certain number of days to complete the work as specified by the City of Carlsbad. With exception of inclement weather or circumstances beyond the control of the Contractor (as determined by The City of Carlsbad) the contractor must complete the work within the days allowed:ln the event the contractor fails to complete the work within the specified days, the Contractor shall be responsible for additional reasonable charges (standard rates) for inspection services required as a result of the failure of the Contractor to complete the work in a timely manner. The Contractor agrees to have such charges deducted from his payments at the discretion of the City of Carlsbad. I 1.02 INSTALLER REQUIREMENTS A. The Contractor shall be currently approved and certified by the appropriate manufacturer of the products being used if applicable. B. Except as modified and supplemented herein, the Contractor shall follow the published requirements and written recommendations of the manufacturer of the related materials manufacturers. C. If in the opinion of the Contractor, the specified work cannot be successfully completed for any reason, the Contractor shall notify the Consultant prior to commencement of the work or the completion of work in progress. 1.03 PRE-JOB CONFERENCE A. Prior to installation and commencement of the work, a Pre-Job Conference shall be held to discuss the execution of the work as described herein. The Contractor, Supervisor, The City of Carlsbad's Representative, Consultant or any other interested parties involved in the completion of the work. lntrospec Architectural Consultants City of Carlsbad Safety Center Audio Visual Project July 2004 B. Attendees shall review all pertinent details of the work and the logistical impact on the operation of the City of Carlsbad's building uses or operations. Also to be discussed, the delivery of materials, delivery of submittals, samples, environmental concerns or any other pertinent information to commencement and completion of the work as specified. 1.04 FIELD QUALITY CONTROL A. The City of Carlsbad may require that appropriate tests be conducted to verify that the installation is in compliance (if required) with the manufacturer's requirements. B. Tests when so required shall be made in accordance with recommended methods as approved and endorsed by the material manufacturer whose materials have been approved for use on this project or as directed by the Consultant. 1.05 FINAL INSPECTION A. An The City of Carlsbad's Representative and the Consultant shall conduct the Final Inspection of the completed work. A punch list of all deficiencies shall be prepared by the Consultant. B. A retainer shall be withheld from the Contractors Total Contract Sum, in accordance with the contract documents. END OF SECTION lntrospec Architectural Consultants City of Carlsbad Safety Center Audio Visual Project July 2004 SECTtON 0951 0- ACOUSTICAL CEILINGS PART 1- GENERAL i 1.01 RELATED DOCUMENTS Drawings and general conditions of Contract, including General and Supplemental Conditions and Divisions-I Specification sections apply to work of this section. 1.02 SUMMARY A. Section includes: 1. Acoustical ceiling panels. 2. Exposed grid suspension panels. 3. Wire hangers, fasteners, main runners, cross tees, and wall angle moldings. B. Related sections: 1. Section 09250- Gypsum Board 2. Section 091 20- Suspension System Framing and Furring for Plaster and Gypsum Board Assemblies 3. Division 15 Sections- Mechanical Work 4. Division 16 Sections- Electrical Work C. Alternates 1. Prior Approval: Unless otherwise provided for in the Contract documents, proposed product substitutions may be submitted no later then ten (1 0) working days prior to the date established for receipt of bids. Acceptability of a proposed substitution is contingent upon the City of Carlsbad’s review of the proposal for acceptability and approved products, which have not been set forth by the Addenda. If included in a bid are substitute products, which have not been approved by Addenda, the specified products shall be provided without additional compensation. 2. Submittals, which do not provide adequate data for the product evaluation, will not be considered. The proposed substitution must meet all requirements of this section, including but not necessarily limited to, the following: Single source materials suppliers; Underwriters’ Laboratories Classified Acoustical performance; Panel design, size, composition, color, and finish; Suspension system component profiles and sizes; Compliance with the referenced standards. lntrospec Architectural Consultants City of Carlsbad Safety Center Audio Visual Project July 2004 1.03 REFERENCES A. American Society for Testing and Materials (ASTM): 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. ASTM A 1008 Standard Specification for Steel, Sheet, Cold Rolled, Carbon, Structural, High-Strength Low-Alloy and High-Strength Low-Alloy with Improved Formability. ASTM A 641 Standard Specification for Zinc-Coated (Galvanized) Carbon Steel Wire. ASTM A 653 Standard Specification for Steel Sheet, Zinc-Coated (Galvanized) by the Hot-Dip Process. ASTM C 423 Sound Absorption and Sound Absorption Coefficients by the Reverberation Room Method. ASTM C 635 Standard Specification for Metal Suspension Systems for Acoustical Tile and Lay-in Panel Ceilings. ASTM C 636 Recommended Practice for Installation of Metal CEILING suspension Systems for Acoustical Tile and Lay-in Panels. ASTM E 84 Standard Test Method for Surface Burning Characteristics of Building Materials. ASTM E 141 4 Standard Test Method for Airborne Sound Attenuation Between Rooms Sharing a Common Ceiling Plenum. ASTM E 11 11 Standard Test Method for Measuring the Interzone Attenuation of Ceilings Systems. ASTM E 1264 Classification for Acoustical Ceilings Products. ASTM E 1477 Standard Test Method for Luminous Reflectance Factor of Acoustical Materials by use of Integrating-Sphere Reflectometers. ASTM D 3273 Standard Test Method for Resistance to Growth of Mold on the Surface of Interior Coatings in an Environment Chamber. ASTM E 11 9 Standard Test Methods for Fire Tests of Building Construction and Material. lntrospec Architectural Consultants City of Carlsbad Safety Center Audio Visual Project July 2004 1.04 SUBMllTALS I A. Product Data: Submit manufacturer’s technical data for each type of acoustical ceiling unit and suspension system required. B. Samples: Minimum 6 x 6 samples of specified acoustical panel; 8” long samples of exposed wall molding and suspension system, including main runner and 4’ cross tees. C. Shop Drawings: Layout and details of acoustical ceilings. Show locations of items, which are to be coordinated with, or supported by the ceilings. D. Certifications: Manufacturer’s certifications that products comply with specified requirements, including laboratory reports showing compliance with specified tests and standards. For acoustical performance, each carton of material must carry an approved independent laboratory classification of NRC, CAC, and AC. E. If the material supplied by the acoustical subcontractor does not have an Underwriter’s Laboratory classification of acoustical performance on every carton, subcontractor shall be required to send material from every production run appearing on the job to an independent or NVLAP approved laboratory for testing, at the Consultant’s or The City of Carlsbad’s discretion. All products not conforming to manufacturer’s current published values must be removed, disposed of and replaced with complying product at the expense of the Contractor performing the work. ‘ 1.05 QUALITY ASSURANCE A. Single-Source Responsibility: Provide acoustical panel units and grid components by a single manufacturer. B. Fire Performance Characteristics: Identify acoustical ceiling components with appropriate markings of applicable testing and inspecting organization. C. Coordination of Work: Coordinate acoustical ceiling work with installers of related - work including, but not limited to building insulation, gypsum board, light fixtures, mechanical systems, electrical systems, and sprinklers. 1.06 DELIVERY, STORAGE, AND HANDLING A. Deliver acoustical ceiling units to project site in original, unopened packages and store them in a fully enclosed space where they will be protected against damage from moisture, direct sunlight, surface contamination, and other causes. B. Before installing acoustical ceiling units, permit them to reach room temperature and a stabilized moisture content. C. Handle acoustical ceiling units carefully to avoid chipping edges or damaged units in any way. lntrospec Architectural Consultants City of Carlsbad Safety Center Audio Visual Project July 2004 1.07 PROJECT CONDITIONS A. Space Enclosures: Standard Ceilinqs: Do not install interior ceilings until space is enclosed and weatherproof; wet work in place is completed and nominally dry; work above ceilings is complete; and ambient conditions of temperature and humidity are continuously maintained at values near those intended for final occupancy. Building areas to receive ceilings shall be free of construction dust and debris. HumiGuard Plus Ceilinas: Building areas to receive ceilings shall be free of construction dust and debris. Products with HumiGuard Plus performance and hot dipped galvanized steel, aluminum, or stainless steel suspension systems can be installed up to 120 degrees Fahrenheit and in spaces before the building is enclosed, where HVAC systems are cycled or not operating. Cannot be used in exterior applications where standing water is present or where moisture will come in direct contact with the ceiling. HumiGuard Max Ceilinqs: Building area to receive ceilings shall be free of construction dust and debris. Ceilings with HumiGuard Max performance can be installed in conditions up to 120 degrees Fahrenheit and maximum humidity exposure including outdoor applications, and other standing water applications, so long as they are installed with, either SS Prelude Plus, AL Prelude Plus, pr Prelude Plus XL Fire Guard suspension systems. Products with HumiGuard Max performance can be installed in exterior applications, where standing water is present, or where moisture will come in direct contact with the ceiling. Only Ceramaguard with AL Prelude Plus suspension systems can be installed over swimming pools. 1.08 WARRANTY A. Acoustical Panel: Submit a written warranty executed by the manufacturer, agreeing to repair or replace acoustical panels that fail within the warranty period. Failures include, but are not limited to: 1. Acoustical Panels: Sagging and warping 2. Grid Systems: Rusting and manufacturer’s defects B. Warranty Period Standard: 1. Acoustical Panels: One (1) year from date of substantial completion 2. Cirrus Acoustical Panels: Ten (1 0) year from date of substantial completion. Note Space Enclosure Requirements 3. Grid: Ten (10) years from date of substantial completion lntrospec Architectural Consultants City of Carlsbad Safety Center Audio Visual Project July 2004 C. Warranty Period HumiGuard: 1 . Acoustical Panels: Ten (1 0) years from date of substantial completion 2. Grid: Ten (1 0) years from date of substantial completion 3. Acoustical panels and grid systems with HumiGuard or HumiGuard Max performance supplied by one source manufacturer is fifteen (1 5) years from date of substantial completion. D. The warranty shall not deprive the City of Carlsbad of other rights the City of Carlsbad may have under other provisions of the Contract Documents and will be in addition to and run concurrent with other warranties made by the Contractor under the requirements of the Contract Documents. 1.09 MAINTENANCE A. Extra Materials: Deliver extra materials to The City of Carlsbad. Furnish extra materials described below that match products installed. Packaged with protective covering for storage and identified with appropriate labels: 1. Acoustical Ceiling Units: Furnish quality of full-size units equal to 5.0 per cent of amount installed. 2. Exposed Suspension System Components: Furnish quantity of each exposed suspension component equal to 2.0 percent of amount installed. PART 2- PRODUCTS 2.01 MANUFACTURERS A. Ceiling Panels 1. Armstrong World Industries, Inc. A) Components: All main beams and cross tees shall be commercial quality hot-dipped galvanized (galvanized steel, aluminum, or stainless steel) as per ASTM A 653. Main beams and cross tees are doubled-web steel construction with type exposed flange design. Exposed sutfaces chemically cleansed, capping pre- finished galvanized steel (aluminum or stainless steel) in baked polyester paint. Main beams and cross tees have rotary stitching (exception: extruded aluminum or stainless steel). 1) Structural Classification: ASTM C 635 Intermediate Duty. 2) Color: White and match the actual color of the selected ceiling tile, unless noted otherwise. lntrospec Architectural Consultants City of Carlsbad Safetv Center Audio Visual Project July 2004 B) F) PART 3- EXECUTION 3.01 EXAMINATION 3) Acceptable Product: Prelude XL Fire Guard 15/16” Exposed Tee as manufactured by Armstrong World Industries, Inc. High Humidity Finish: Comply with ASTM C 635 requirements for Coating Classification for Severe Environment Performance where high humidity finishes are indicated. 1) SS Prelude Plus by Armstrong World Industries, Inc. - 100% Type 304 STAINLESS Steel. 2) AL Prelude Plus Armstrong World Industries, 1nc.- all ALUMINUM 3) Prelude Plus XL Fire Guard by Armstrong World Industries, Inc., G-60 Hot dipped galvanizedaluminum capping 4) Structural Classification: ASTM C 635 Duty Class 5) Color: [Stainless for SS only] (White Aluminum) [Clear Anodized A I u m i nu m] Attachment Devices: Size for five times design load indicated in AST, C 635, Table 1, Direct Hung unless otherwise indicated. Wire for hangers and Ties: ASTM A 641, Class 1 zinc coating, soft temper, pre-stretched, with a yield stress load of at least time three design load, but not less than 12 gauge. Edge Moldings and Trim: Metal or extruded aluminum of types and profiles indicated or, if not indicated, manufacturer’s standard moldings for edges and penetrations, including light fixtures, that fit type of edge detail and suspension system indicated. Provide moldings with exposed flange of the same with as exposed runner. Accessories A. Do not proceed with installation until all wet work such as painting has been completed and thoroughly dried out, unless expressly permitted by manufacturer’s printed recommendations. (EXCEPTION: HumiGuard Max Ceilings) 3.02 PREPARATION A. Remove existing drywall ceiling and steel suspension system to allow installation of new ceiling system. Tie existing wires to new support wires pursuant to the details on the drawings with approved connections (WS12 wire hanger splice). Assure adequate suspension wires are installed. lntrospec Architectural Consultants City of Carlsbad Safety Center Audio Visual Project July 2004 i B. Measure each ceiling area and establish layout of acoustical units to balance border widths at opposite edges of each ceiling. Avoid use of less than half width units at borders, and comply with reflected ceiling plans. Coordinate panel layout with mechanical and electrical fixtures. 3.03 INSTAL LATlO N A. Install suspension system and panels in accordance with the manufacturer’s instructions, and in compliance with ASTM C 636 and with the authorities having jurisdiction. Install ceiling pursuant to the plans and drawings. B. Suspend main beam from overhead construction with hanger wires spaced 4-0 on center along the length of the main runner. Install hanger wires plumb and straight. C. Install wall moldings at intersection of suspended ceiling and vertical surfaces. Miter corners where wall moldings intersect or install corner caps. D. For reveal edge panels: Cut and reveal or rabbet edges of ceiling panels at border areas and vertical surfaces. E. Install acoustical panels in coordination with suspended system, with edges resting on flanges of main runner and cross tees. Cut and fit panels neatly against abutting surfaces. Support edges by wall moldings. 3.04 ADJUSTING AND CLEANING A. Replace damaged and broken panels. B. Clean exposed surfaces of acoustical ceilings, including trim, edge moldings, and suspension members. Comply with manufacturer’s instructions for cleaning and touch up of minor finish damage. Remove and replace work that cannot be successfully cleaned and repaired permanently eliminate evidence of damage. I lntrospec Architectural Consultants END OF SECTION City of Carlsbad Safety Center Audio Visual Project July 2004 SECTION 09680- CARPET PART 1 - GENERAL / 1.01 SUMMARY A. Description: Work includes, but is not necessarily limited to removal and disposal of existing carpeting in the specified areas and includes installation of new carpeting as provided by the City of Carlsbad and as specified herein. 1.02 RELATED WORK DESCRIBED ELSEWHERE A. Finish schedule of plans and drawings 1.03 QUALITY ASSURANCE A. The Owner shall retain the services of a quality control inspection service to inspect and document the installation of all materials installed in this section. B. The Contractor shall provide all adhesives, accessories as shown in the drawing necessary to complete the installation of the carpeting. C. Pre-Installation Conference 1. Prior to installation of any carpeting the Contractor shall complete all preparation and coordination. 2. Meeting agenda shall include a review of the carpet installation criteria, and scheduling and moving criteria. 3. Contractor shall take minutes of meeting and furnish copies to the Consultant and the Owners Representative within five (5) days of meeting. 1.04 REFERENCES A. ASTM: D 4263 Test Method for indicating Moisture In Concrete by the Plastic Sheet Method. 1.05 SUBMllTALS A. Materials List: Submit complete list of all proposed materials and quantities of each material (adhesive and accessories only). B. Submit manufacturers cleaning recommendations and instructions for maintenance. lntrospec Architectural Consultants City of Carlsbad Safety Center Audio Visual Project July 2004 1.06 PRODUCT HANDLING A. Protection 1. Deliver, store and handle all products in a manner to prevent damage and deterioration. 2. Provide packaging to prevent dirt, dust, moisture absorption and accumulation. Deliver in manufacturers unopened, labeled wrapping. 3. Store only in approved areas as predetermined by the Consultant and the Owners Representatives. 4. Use all means necessary to protect the installed work and materials of all other trades. 5. Provide paper covering for installed carpet as directed by the Consultant. B. In the event of damage, immediately make all repairs and replacements necessary to the approval of the Consultant and at no additional cost to The City of Carlsbad. 1.07 ENVIRONMENTAL PROTECTION A. Products, which have detectable levels of formaldehyde are not permitted. i B. Products, which have detectable levels of 4-PC (phenylcyo are not permitted). PART 2 - PRODUCTS 2.01 CARPETING A. General 1. The carpet shall be provided by the City of Carlsbad as shown on the drawings and plans. PART 3 - EXECUTION 3.01 INSTALLION A. Remove existing carpeting and any and all associated material or debris from the work site and dispose of in a lawful dumpsite. B. Install owner provided carpeting as recommended by the manufacturer. Fully comply with all recommended installation methods and practices. lntrospec Architectural Consultants City of Carlsbad Safety Center Audio Visual Project July 2004 PART 4 WARRANTIES 4.01 MANUFACTURER, INSTALLATION, WARRANTY A. The manufacturer shall provide a five-year warranty agreeing to repair or replace defective materials due to: 1. Texture retention. 2. 3. 4. Edge ravel. 5. 6. Run Resistance. 7. Stain resistance. Excessive wear (more than 20% loss of pile fiber weight) Excessive static (more that 3.0 kilovolts at a relatively humidity of 20% at room temperature of 70 degrees F. Maintaining original performance characteristics as specified. B. The installer shall warrant installation of the carpet for a period of two years. END OF SECTION lntrospec Architectural Consultants City of Carlsbad Safety Center Audio Visual Project July 2004 SECTION 09970 VINYL WALL COVERINGS i PART 1 - GENERAL 1.01 SCOPE A. The City of Carlsbad has purchased the wall covering specified herein for use on this project. Upon request and approval all vinyl wall covering shall be delivered to the work site by city employees. The wall coverings shall be installed in accordance with the finish schedule and details attached hereto. 1.02 WARRANTIES A. Furnish a written warranty against defective workmanship that may develop within one (1) year from date of installation. 1.05 PRODUCT DELIVERY, STORAGE AND HANDLING A. Store vinyl wall coverings in a flat position to avoid damage to roll ends. Store materials in a clean, dry storage area with temperature maintained above 55 degrees Fahrenheit with normal humidity. B. Do not cross stack this material. 1.06 PROJECT CONDITIONS ( A. Areas where wallcoverings will be installed shall have constant minimum temperature of not less than 60 degrees Fahrenheit at least seven days prior to and throughout installation period and for seven days thereafter. PART 2- PRODUCTS 2.01 VINYL WALLCOVERINGS A. Shall meet Federal Specification CCC-W-408A and the CFFA-W-101 -A, Quality Standard for Vinyl Coated Fabric Wallcovering. The wallcovering Type 1, Type 2 or Type 3 desired shall be specified. The vinyl wallcovering shall contain mildew inhibitors. 2.02 VINYL WALLCOVERING (TEDLAR PROTECTED) A. Shall meet the requirements as listed in 2.01 and in addition have a .5 mil thick Tedlar film factory applied to the wallcovering surface. lntrospec Architectural Consultants City of Carlsbad Safety Center Audio Visual Project July 2004 2.03 BURNING CHARACTERISTICS A. The manufacturer shall certify at the time of shipment that the materials furnished meet the published flame spread and smoke development Fire Hazard Classification Rating(s) of those products when tested according to ASTM-E84 Tunnel Test. 2.04 U.L. LABEL A. All products shall be U.L. labeled assuring complete compliance with all specifications and requirements through continuous inspection by U.L. inspectors. 2.05 FIRE DETECTION CHARACTERISTICS A. The vinyl wallcovering shall contain the Early Warning Effect formulation, which provides early warning to potential fire conditions. B. The vinyl wallcovering shall contain thermoparticulating ingredients which, when heated to approximately 300 degrees Fahrenheit, emit a colorless, odorless vapor that activates ionization smoke detectors when installed according to manufacturer's specifications. Evidence of the Early Warning Effect shall be based on the ASTM E603-77 standard guide for room fire experiments. 2.06 PROTECTIVE COATING A. The vinyl wallcovering shall have a protective coating applied to its surface to minimize migration of stains into the vinyl and, therefore, offer stain protection from a variety of staining agents and provide greater ease of cleanability. 2.07 ADHESIVE A. The adhesive used must be manufacturer's recommended adhesive and must contain mildew inhibitors. The contractor shall provide all adhesives and accessories to install the City of Carlsbad supplied material. 2.08 PRIMERS A. The primer used must be manufacturer's recommended primer. PART 3- EXECUTION 3.01 INSPECTION A.. Installer shall inspect all areas and condition under which vinyl wallcoverings are to be installed. Installer shall notify the contractor and The City of Carlsbad in writing of any conditions detrimental to the proper and timely completion of the installation; work will proceed only when conditions have been corrected and accepted by the installer. , lntrospec Architectural Consultants City of Carlsbad Safety Center Audio Visual Project July 2004 \ A. Wall surface shall be free from defects and imperfections that could show through the finished covered surface. B. Sand-finished plaster shall be smoothed, cinder or cement blocks shall be plastered, or otherwise rendered smooth, and old wallcoverings shall be removed. C. For new drywall construction, manufacturer's recommended primer should be used before application of wallcovering for ease of future removal when redecorating. D. Glossy surfaces shall either be sanded to dull the surface, or a coat of manufacturer's recommended primer applied prior to installation of wallcovering. E. If there is any evidence of mildew on walls, the mildew must be removed and the all surface treated to inhibit further mildew growth. F. All painted surfaces should be evaluated for the possibility of pigment bleed- through. If there is any possibility, a coat of sealer, recommended by the manufacturer, should be applied before application of the wallcovering. G. Do not install vinyl wallcovering over oil-based wood stains as a -bleed-through may occur. I 3.03 INSTAL LATlO N A. Wallcovering shall be installed by experienced workers and contractors in strict accordance with the manufacturer's printed instructions using vinyl wallcovering adhesive recommended by the manufacturer (Wheat paste shall not be used). It is absolutely imperative that installer read the manufacturer's instruction sheet in each roll before installing the vinyl wallcovering. Permanent building light shall be available for installation. The contractor shall provide all paste, and tools, incidental to the installation of the wall covering as supplied by the City of Carlsbad. B. Installer, before cutting, shall examine pattern and color and determine that they are the correct pattern and color as specified. C. Installer shall install each roll in sequence starting with the largest roll number and each strip in same sequence as cut from roll. If pattern is not random, examine for repeat design. Some patterns should be lined up, matched or reversed for best results. If necessary, trim selvage deep enough to assure color uniformity. D. After the application of three strips, an inspection should be made and if there are any variations in color or pattern, which are felt to be excessive, the wallcovering distributor or manufacturer's representative should be notified for his inspection before any further wallcovering is installed. E. Always bring six (6) inches around inside and outside corners being sure to fit into corners to avoid bridging or spanning. lntrospec Architectural Consultants City of Carlsbad Safety Center Audio Visual Project July 2004 F. The wallcovering should be smoothed to the hanging surface with a stiff bristled sweep brush or a flexible broad-knife to eliminate air bubbles. G. Remove excess adhesive along finished seam immediately after each wallcovering strip is applied. Use of clean, warm water, a natural sponge and clean towels are recommended for this use. It is very important to change water often to maintain cleanliness. 3.04 CLEAN-UP COMPLETION A. Upon completion of work, remove surplus materials, rubbish and debris, resulting from the wallcovering installation. Leave areas in neat, clean and orderly condition. END OF SECTION lntrospec Architectural Consultants __ City of Carlsbad Safety Center Audio Visual Project July 2004 SECTION 09900 - PAINTING I PARTS 1 - GENERAL 1.01 SUMMARY - i A, Section Includes: Painting and finishing of all interior items and surfaces, unless otherwise indicated or listed under exclusion below: 1. Paint all exposed walls, wall covering, soffits, door frames and as specified in finish schedules and drawings. B. Work Not Included: 1. Pre-finished items including finished hardware. 2. Surfaces of concealed areas, including for piping, equipment, and other such items within concealed spaces. 3. Finished metals such as anodized aluminum, stainless steel, chromium plating, copper, and brass. 4. Concrete floors, pavements or slabs. 5. Shop priming of ferrous metal items and fabricated components. 6. Glass. 7. Eiectrical fixtures and receptacles. 1.02 SUBMITTALS: A. Product Data: Submit complete manufacturer's descriptive literature and specifications in accordance with the provisions of Section 01300, or as directed by Consultant. 1. Materials List: Submit complete lists of materials proposed for use, giving the manufacturer's name, catalog number, and catalog cut for each item when applicable. When required, provide a list of paint and coating materials proposed for use, which equates such materials with the design- basis products specified. B. Samples: In accordance with provisions of Section 01300, submit, on 8-1/2 inch by 11 inch hardboard, samples of each color, gloss, texture and material selected by the Consultant from standard colors available for the coatings required. 1. lntrospec Architectural Consultants For natural and stained finishes, provide sample on each type and quality of wood used on the project. City of Carlsbad Safety Center Audio Visual Project July 2004 a. Manufacturer's Instructions: Submit the manufacturer's current recommended methods of installation, including relevant limitations, safety and environmental cautions, and application rates. 1.03 QUALITY ASSURANCE: A. Regulatory Requirements: Comply with applicable codes and regulations of governmental agencies having jurisdiction including those having jurisdiction over airborne emissions and industrial waste disposal. Where those requirements conflict with this specification, comply with the more stringent provisions. 1. Comply with the current applicable regulations of the California Air Resources Board (CARB) and the Environmental Protection Agency (EPA). 6. Field Sample: When and as directed by the Consultant, apply one complete coating system for each color, gloss and texture required. When approved, the sample panel areas will be deemed incorporated into the Work and will serve as the standards by which the subsequent Work of this Section will be judged. 1.04 DELIVERY, STORAGE, AND HANDLING: A. Storage and Protection: Use all means necessary to protect the materials of this Section before, during, and after installation. B. Deliver materials to job site in new, original, and unopened containers bearing manufacturer's name and trade name. Store where directed in accordance with manufacturer's instructions. 1.05 POOJECT CONDITIONS: A. Do not apply materials until the surfaces are thoroughly cleaned and primed. PART 2 - PRODUCTS 2.01 MANUFACTURERS: A. Manufacturer's catalog names and number of paint types in this Section herein are based on products as indicated on the plans and is the standard of quality against which the Consultant will judge equivalency. The quantity of titanium dioxide, the use of clays, aluminum silicate, talc and the purity of acrylic materials are a few of the criteria which will be used by the Consultant in determining equivalency of materials. lntrospec Architectural Consultants City of Carlsbad Safety Center Audio Visual Project July 2004 2.02 MATERIALS: A. Paints: Provide Ready-Mixed. Pigments shall be fully ground maintaining soft paste consistency, capable of being readily and uniformly dispersed to complete homogeneous mixture. Paints shall have good flowing and brushing properties and be capable of drying or curing free of streaks and sags. 6. Accessory Materials; Linseed oil, shellac, turpentine, and other materials not specified by required to achieve required finishes shall be of high quality and approved by manufacturer. C. Colors shall be selected from color chip samples provided by manufacturer of paint system approved for use. Match approved samples for color, texture and coverage. D. CARB Rules; Paint materials shall conform to current applicable regulations of California Air Resources Board. 2.03 APPROVED MANUFACTURERS: A. All paint supplied shall conform to paint materials as listed on the finish schedule and the drawings. 2.04 MIXES i A. Mix, prepare, and store painting and finishing materials in accordance with manufacturer's directions. PART 3 - EXECUTION 3.01 EXAMINATION: A. Verification of Conditions: Prior to commencing the Work of this Section, carefully inspect previously installed work and verify that such Work is complete to the point where this installation may properly commence. 3.02 PROTECTION: A. Protect previously installed work and materials, which may be affected by Work of this Section. 1 . 2. 3. Protect pre-finished surfaces, adjacent surfaces against paint and damage. Furnish sufficient drop cloths, shields, and protective equipment to prevent spray or splatter from fouling surfaces not being painted. Protect surfaces, equipment, and fixtures from damage resulting from the use of fixed, movable and hanging scaffolding, planking, and staging. lntrospec Architectural Consultants City of Carlsbad Safety Center Audio Visual Project July 2004 3.03 PREPARATION: A. Perform preparation and cleaning procedures in strict accordance with coating manufacturer's instructions for each substrate condition. B. Remove dust, grit and foreign matter from wood or wall surfaces. Sand surfaces and dust clean. C. Remove hardware and accessories, machined surfaces, plates, lighting fixtures and similar items in place and not-to-be-finish painted, or provide surface-applied protection. Reinstall removed items upon completion of work in each area. D. Existing surfaces to be recoated shall be thoroughly cleaned and de-glossed by sanding or other means prior to painting. Patched and bare areas shall be spot primed with same paint as specified for new work. E. Preparation of other surfaces shall be performed following specific recommendations of the paint manufacturer. 3.04 APPLICATION: A. Apply painting and finishing materials in accordance with the manufacturer's submittals, as approved. Use applicators and techniques best suited for the material and surfaces to which applied. B. The number of coats (2) two specified is the minimum that shall be applied. Apply additional coats when undercoats, stains or other conditions show through final paint coat, until paint film is of uniform finish, color and appearance. Second coat shall be a split-coat of a different shade from the first and third coats. lntrospec Architectural Consultants ___- ~- I City of Carlsbad Safety Center Audio Visual Project July 2004 C. Apply each material at not less than the manufacturer's recommended spreading rate: 1. Provide a total dry film thickness of not less than 1.5 mils for each required coat, or as recommended by manufacturer. D. Apply prime coat to material, which is required to be painted or finished. E. Finish exterior doors on tops, bottoms, and edges same as exterior faces, after fitting. F. Sand lightly and dust clean between succeeding coat. 3.05 CLEANING A. Remove, finish or repaint work not in compliance with specified requirements. 6. Provide WET PAINT signs, barricades, and other devices required to protect newly finished surfaces. Remove temporary protective wrappings provided by others for protection of their work after completion of painting operations. END OF SECTION lntrospec Architectural Consultants ~- City of Carlsbad Safety Center Audio Visual Project July 2004 SECTION 10650 FOLDING ACOUSTIC DOORS PART 1 - GENERAL SPECIFICATIONS 1.01 WORK INCLUDED A. Operable Wall System shall be furnished, installed and serviced by wall manufacturer's authorized distributor, in compliance with the architectural drawings and specifications contained herein. 1.02 RELATED WORK A. Structural Support: Structural support system required for suspending the operable wall shall be designed, installed and pre-punched by others, in accordance with ASTM E557 and manufacturer's shop drawings, B. Insulation: Sound insulation and baffles for the plenum area above the track system, under the permanent floor; inside air ducts passing over or around the operable wall, and in permanent walls adjoining the operable wall system shall be by others, in accordance with ASTM E557. C. Opening Preparation: Proper and complete preparation of the operable wall system opening shall be by others in accordance with ASTM E557, and shall include floor leveling; plumbness of adjoining permanent walls; substrate and/or ceiling tile enclosures for the track system; and the painting and finishing of trim and other materials adjoining the head and jamb areas of the operable wall. Any permanent wall@) receiving an adjustable or fixed wall jamb will require internal structural blocking in order to secure the jamb to the permanent wall. Refer to a copy of the shop drawings for additional details. 1.03 SYSTEM DESCRIPTION A. The operable wall system shall consist of Hinged Pairs operation, featuring panels hinged together in evenly matched pairs (groups of two (2)), unless otherwise specified. B. The operable wall system shall consist of acoustically rated panels tested in accordance with ASTM E90 and ASTM E413 test procedures, and shall have achieved a STC rating as specified herein (see "Acoustical Performance" article listed under Part 2 - Products). lntrospec Architectural Consultants City of Carlsbad Safety Center Audio Visual Project July 2004 1.04 QUALITY ASSURANCE A. The operable wall shall have been tested in an independent acoustical testing laboratory in accordance with ASTM E90 and ASTM E413 test procedures. 9. The operable wall panel construction and finish materials shall consist of Class A rated materials in accordance with ASTM E84. C. The operable wall shall be installed by the manufacturer's authorized distributor in accordance with ASTM E557. 1.05 REFERENCES A. ASTM E90: Laboratory Measurement of Airborne-Sound Transmission Loss of Building Partitions. 6. ASTM E413: Determination of Sound Transmission Class (STC). C. ASTM E557: Architectural Application and Installation of Operable Partitions. D. ASTM E84: Surface Burning Characteristics of Building Materials. E. ASTM A653: Coated (Galvannealed) by the Hot Dip Process. Specification for General Requirements for Steel Sheet, Alloy- F. ASTM C423: Standard Test Method for Sound Absorption and Sound Absorption Coefficients by the Reverberation Room Method. G. CCC-W-408A-D: Federal Specification which applies to Vinyl Coated Wall Coverings. H. CFFA-W-101 -B: Chemical Fabrics and Film Association Quality Standard for Vinyl Coated Fabric Wall Coverings. 1.06 SUBMITTALS A. Manufacturer shall provide written technical information and related detail drawings, which demonstrate that the products comply with contract documents for each type of operable partition specified. B. Manufacturer shall provide detailed engineering drawings featuring track plan, panel elevation, horizontal and vertical details and beam punching template as required. C. Manufacturer shall provide written test report of the independent acoustical testing laboratory certifying the attainment of the specified STC rating, upon request. D. Manufacturer shall provide written instructions specifying the proper operation and maintenance of the operable wall system. lntrospec Architectural Consultants City of Carlsbad Safety Center Audio Visual Project July 2004 E. Manufacturer shall provide a color selector demonstrating the manufacturer's selections of the specified finish material. Samples shall consist of actual ; swatches of the specified finish material. ' 1.07 DELIVERY, STORAGE AND HANDLING A. Panels shall be individually wrapped in a protective plastic covering to keep panels clean during delivery, storage and handling. B. Panels shall be stored on edge and above the floor on cushioned blocking in a dry and ventilated area, protected from humidity and temperature extremes. 1.08 SEQUENCING/SCHEDULlNG A. Beam Punching: Manufacturer shall provide beam punching template drawing detailing the anchor locations for the suspended track system (as required for Drop Rod Mounting), as required for the fabrication and installation of structural overhead support by others. B. Track Installation: Scheduling of operable wall track installation shall occur after structural overhead support has been properly and completely fabricated and installed by others. C. Panel Installation: Operable wall panel installation shall occur after fixed wall substrate construction is properly and completely installed by others, as required to protect panels from ongoing adjacent construction. 1.09 WARRANTY A. Manufacturer shall warrant each partition and its component parts to be free from defects in material and workmanship for a period of two (2) years from the date of delivery to the original purchaser, when installed by an authorized WIK-WALL distributor. lntrospec Architectural Consultants ~~ City of Carlsbad Safety Center Audio Visual Project July 2004 PART 2 - PRODUCT SPECIFICATIONS I 2.01 ACCEPTABLE MANUFACTURER A. Operable walls shall be Series 3000, Model 3030 Hinged Pairs as manufactured by KWIK-WALL Company. 2.02 PANEL CONSTRUCTION A. Panel Dimensions: Standard panel dimension shall be a nominal 3 1/2" [89] thick. B. Panel Frame: Steel frame shall be 16-gauge galvanneal steel, which meets or exceeds ASTM A653 requirements. Frame shall be all-welded construction with steel corner supports and cross-bracing reinforcement. Panel frame shall be Class A rated, fire retardant, non-combustible and non-corrosive in accordance with ASTM E84. C. Panel Skins: Panel skins shall be Class A rated in accordance with ASTM E84. Panel skin material shall consist of (select): D. Optional Acoustical Substrate: consisting of structural acoustical substrate pressure laminated to both sides of the steel frame to form a rigid, unitized and structural panel. E. Panel Hinges: Panel hinges shall be architectural grade, full leaf butt hinges. F. Panel Weight: Maximum panel weight shall be 5.9 - 12.9 Ibs./ft2 (29 - 63 kg/m2) depending on STC rating, size and options selected. 2.03 OPERATION A. Operation shall be Hinged Pairs, consisting of panels hinged together in groups of two (2), unless otherwise specified. Panels shall be top-supported by one (1) carrier in each panel. 2.04 STACK ARRANGEMENTS A. Stack Type: Panel storage configuration shall be Center Stack, consisting of panels stacked on center to the wall's installed position. B. Stack Quantity: Panels shall be stored at (select): 1. Standard One End: on one end of the wall run lntrospec Architectural Consultants City of Carlsbad Safety Center Audio Visual Project July 2004 2.05 FINISHES A. Finish Material Type: Panel finish material shall be Class A rated in accordance with ASTM E84, consisting of (select): 1 , Optional Upgrade Carpet: consisting of acoustically absorbent, non-woven needle punch fibers fused to prevent fraying and unraveling of material weighing 23 oz./lin. yd. (713 g/lin. m). Upgrade Carpet shall achieve a minimum NRC rating of .60 in accordance with ASTM C423 B. Finish Material Supplier: Finish material shall be (select): 1. , Standard Factory Supplied: from manufacturer's standard selection of finish materials, as specified. C. Finish Material Application: Finish material shall be (select): 1. Standard Factory Applied: by operable wall manufacturer. Customer supplied finish material samples must be submitted to manufacturer for testing and approval prior to acceptance and application. 2.06 PERIMETER TRIM AND SEALS A. Vertical Trim and Seals: Panels shall have vertical astragals containing flexible vinyl seals and incorporate reversible tongue-and-groove-type configurations for positive interlocking with adjacent panels. Vertical astragal type shall be (select): 1. Optional Cap-type Astragal: consisting of an aluminum extrusion with tongue-and groove-type vertical astragals for protecting the finish material and substrate along the vertical edge of the panel. . B. Horizontal Top Trim and Seals: Top seals shall consist of flexible vinyl sweep seals installed on both sides of the panel. The seals shall consist of a compressed bulb between two (2) fingers of vinyl. Top seal type shall be (select): 1. Standard Fixed Top Seals: consisting of continuous-contact flexible vinyl sealing against the bottom flange of the overhead track. C. Horizontal Bottom Trim and Seals: Bottom seals shall consist of multiple fingers of flexible vinyl for positive contact and sealing with various floor surfaces. Bottom seal type shall be (select): 1. Optional Adjustable Bottom Seals: consisting of field-adjustable, I continuous-contact vinyl sweep seals that allow for 3/4" [19] of nominal adjust men t. lntrospec Architectural Consultants ~~ City of Carlsbad Safety Center Audio Visual Project July 2004 2.07 CLOSURE SYSTEMS A. Initial Closure System: Th lead pan I (th first pan I exiting the stack) sh a seal vertically against a rigid wall surface, as accomplished by a (select): II form 1. Standard Bulb Seal: consisting of continuous-contact, flexible vinyl bulb seals installed along the vertical edge of the lead panel for positive compression against a rigid wall surface. B. Final Closure System: The final closure panel (the last panel exiting the stack) shall form a seal vertically against a rigid wall surface. The type of final closure panel shall be (select): 1. Standard Expander Panel Closure: consisting of an expander mechanism with a nominal 5" [127] of travel, activated from the face of the panel using a removable wrench as supplied by manufacturer. The Expander Panel shall be equipped with an adjustable bottom seal (standard) or (optional) floating or operable bottom seals, and a flush pull handle on one side of the panel. Note: Optional Automatic Bottom Seal is not available in conjunction with Final Closure panel(s). 2.08 ACOUSTICAL PERFORMANCE A. Certification: The operable wall shall have been tested in an independent acoustical testing laboratory in accordance with ASTM E90 and ASTM E413 test procedures. B. STC Rating: The operable wall acoustical performance rating shall be based on (select): 1. Standard Steel Skins: with a standard rating of 52 STC, or optional ratings of 46 STC, 50 STC or 55 STC. 2. Optional Acoustical Substrate: with optional ratings of 43 STC, 46 STC, 48 STC or 50 STC. 2.09 PANEL ACCESSORIES A. Standard accessories including pass doors, exit signs, writing surfaces, chalktrays, vision lites, tack surfaces and pocket doors shall be compatible with other accessories and options, furnished and installed by the operable wall manufacturer as noted on submitted shop drawings. lntrospec Architectural Consultants City of Carlsbad Safety Center Audio Visual Project July 2004 2.1 0 TRACK SYSTEMS A. Track Type: The operable wall track system shall be (select): 1. Standard Hinged Pairs Aluminum Track: extruded from structural aluminum alloy, which prohibits deterioration caused by rust or corrosion. The aluminum track shall have a durable anodized clear satin finish, which resists scratching, color fading and flaking. The track shall utilize grooves and interlocking steel pins for positive alignment of adjacent track sections. The track joints shall be reinforced overhead by a heavy-duty steel bracket made of hot-rolled, 3/8" [lo] thick plate steel. Aluminum track shall include an integral nut slot to accept a hardened steel square nut to facilitate attachment of each steel all-rod and splice brackets to the overhead structural support. Existing track to be used if the manufacturer warrants the existing track is approved and no effect on warranty is made whatsoever. B. Track Size: The track size shall be (selected from Track and Carrier Selection Chart - refer to Page 7): 1. Type 425 Hinged Pairs Aluminum Track: certified to be capable of supporting up to 425 Ibs. (193 kg) of total live load weight per panel. 2. Type 850 Hinged Pairs Aluminum Track: certified to be capable of supporting up to 850 Ibs. (386 kg) of total live load weight per panel. 3. Type 850 Hinged Pairs Steel Track: certified to be capable of supporting up to 850 Ibs. (386 kg) of total live load weight per panel. 2.1 1 CARRIER SYSTEMS A. Carrier Type: Each Hinged Pair panel shall be top supported by one (1) carrier utilizing a 5/8" [16] diameter pendant bolt. The carrier type shall be (select): 1. Type 425 Standard Polymer Tire Carrier: consisting of four (4) permanently- lubricated, precision ball bearing steel wheels with high strength polymer tires, as required for smooth and quiet operation. 2. Type 850 Standard Polymer Tire Carrier: consisting of four (4) permanently- lubricated, precision ball bearing steel wheels with high strength polymer tires, as required for smooth and quiet operation. 3. Type 850 Optional Steel Wheel Carrier: consisting of four (4) permanently- lubricated, precision ground ball bearing polished steel wheels, as required for ease of panel movement. lntrospec Architectural Consultants City of Carlsbad Safety Center Audio Visual Project July 2004 B. Carrier Size: The carrier size shall be (select from Track and Carrier Selection Chart - refer to Page 7): 1. Type 425 Hinged Pairs Polymer Tire Carrier.’ certified to be capable of supporting up to 425 Ibs. (1 93 kg) of total live load weight per panel. 2. Type 850 Hinged fairs Polymer Tire Carrier; certified to be capable of supporting up to 850 Ibs. (386 kg) of total live load weight per panel. 3. Type 850 Hinged fairs Steel Wheel Carrier: certified to be capable of supporting up to 850 Ibs. (386 kg) of total live load weight per panel. 2.12 SUSPENSION SYSTEMS A. Mounting Systems: The track shall be supported by (select): 1. Standard Drop Rod Mount: consisting of adjustable rods of grade 2, 3/8” [ 101 diameter threaded steel all-rod provided with 3/8” [ 101 serrated steel nuts. PART 3 - EXECUTION 3.01 INSPECTION A. Proper and complete preparation of the operable wall system opening shall be by others in accordance with the architectural drawings, manufacturers shop drawings and ASTM E557. Any deviation of the actual opening from these specifications shall be called to the attention of the architect prior to the installation of the operable wall. B. Deficiencies in the operable wall opening shall be corrected by others prior to installation of the operable wall. 3.02 INSTALLATION A. The operable wall system shall be installed by manufacturer’s authorized distributor. B. The operable wall shall be installed in accordance with manufacturer’s written instructions, shop drawings and ASTM E557 installation guidelines. 3.03 ADJUSTING AND CLEANING A. The operable wall panels and track system shall be adjusted and cleaned in accordance with manufacturer’s written instructions. lntrospec Architectural Consultants City of Carlsbad Safety Center Audio Visual Project July 2004 3.04 PROTECTION A. The operable wall panels shall be stored in the stacked (retracted) position prior to acceptance by the owner’s representative. 3.05 DEMONSTRATION A. The operable wall manufacturer’s authorized distributor shall demonstrate proper operation and explain proper and necessary maintenance requirements of the operable wall system to the owner’s representative. END SECTION lntrospec Architectural Consultants City of Carlsbad Safety Center Audio Visual Project July 2004 SECTION 11 130- AUDIO VISUAL PART 1- GENERAL 1.1 SCOPE OF WORK A. The scope of facilities and operational requirements outlined is based on information presented by representatives of the City of Carlsbad. The scope of this contract shall be divided into two separate divisions. Technical installation services and provision of equipment. Bids for both sections will be accepted from only one provider. The specific areas of the project addressed by this specification are as follows: 1. Divisible Conference Room multi media systems 2. Equipment B. Code Compliance The provider shall make every effort to ensure that the installation and implementation shall comply with all designs and specifications presented herein are in conformance with all applicable laws, codes and restrictions. Construction details and electrical, mechanical elements shall be the responsibility of others. This shall include (but not limited to) all structural, fire and safety, energy conservation and disabled accessibility requirements. PART 2- EQUIPMENT (Unless otherwise noted quantities are one each) A. Wired Keypad: AXD -msp16 (16 button keypad), primary controller audio , part # #FG790-16. B. Video Projector: Sanyo PLC FX41 C. Lens: Buhl#829MCL1028 D. Distribution: Entron #ADA 2/GLI 350 HV E. AMX Control System: a) AMX Accent 3 controller b) AMX PS6.5 Power Supply c.) AMX AXD-CV 6” Color active video panel part #FG5924-10 and the AMX AXD-CV-CVT Table top enclosure part @ FG5924-20 d.) AMXACRK lntrospec Architectural Consultants City of Carlsbad Safety Center Audio Visual Project July 2004 e.) AMX VPN-CP f.) AMX AXR-NWS F. Scaler: Folsom #PS-2001 Presentation Pro G. Computer Interface: FSR Model #CDA-2 H. Microphone Mixer: Shure #SCM-810 I. Wireless Microphones: Six (6) Audio Technica #ATA-1237 Handheld Condenser Microphone System and two (2) Element Audio Technica #AT 853C-ELE- Hypercardiod Element. J. Audio Amplifiers: QSC PLX1202 K. Big Bottom Processor: Aphex #204 Audio Processor L. Ceiling Speakers: JBL Control 26C/CT Speakers (24 each) M. Scan Converter: Communications Specialties “Scan Do” #1290 N. Tuner: Polaroid DVC-2000 0. Tie Panels P. Video Projector: Sanyo PLC-XF31 N Q. Ceiling Mount Bracket for Projector: Chief Manufacturing #VCM-49E R. Suspended Ceiling Kit: Chief Manufacturing #CMA-450 S. Adjustable Extension Pipe: Chief Manufacturing #CMA-06009 6”-9” adjustment T. Audio Cable: Belden 9451182641 (as required) U. Video Cable: Belden 8241/88241 (under 100’) and 8281/88281 (over 100) V. Component Cable: Belden 1406/1824a (as required) W. VGA Cable: Belden 141 7b/l826a (as required) X. Speaker cable: Belden 8471/1862a (as required) Y. Control Cable: Belden 8723/88723 (as required) 2. AMX Cable: Liberty 22/18-I PSH/2C or 22/18-1 PSH/2C-P (as required) lntrospec Architectural Consultants City of Carlsbad Safety Center Audio Visual Project July 2004 1 PART 2 FLOOR BOXES A. Provide four new FSR. Inc FL-500P-BLP-4 floor boxes at locations as indicated on the plans. PART 3- EXECUTION 3.01 INSTALLATION A. All AV Equipment 1. Install all equipment per the plans and instructions from manufacturers to provide performance as specified herein. 6. Divisible Wall Partition 1. The operable partition specified shall have a minimum acoustic rating of STC 46. 2. Provide demising walls above the operable partition track consistent with the STC of the wall panels. 3. The wall system installer shall be required to test the finished installation to verify conformance to manufacturer’s acoustic performance specifications. Testing results shall be submitted to the Consultant. 4. Provide wall open/close divide that sends signals to the AV system to determine the state of the divisible partition (open/closed). C. Doors and Glazing The following notes apply to all doors and windows between the Divisible Conference Facility and adjacent occupied spaces (storage areas shall not apply): 1. A!I doors shall be solid core with perimeter sound seals, including a drop seal at the base. 2. Provide astragal seals at all double door conditions. lntrospec Architectural Consultants City of Carlsbad Safety Center Audio Visual Project July 2004 D. Adjacencies Special care should be given to avoid locating functions and activities that generate excessive amounts of noise adjacent to acoustically critical spaces. Typical high-noise areas and functions to be cautious of include electrical transformer rooms, staff break areas, elevator risers, mechanical equipment rooms, copier rooms, and toilet rooms. Even the most exhaustive construction techniques may prove to be ineffective at isolating noise from such areas. Consideration shall extend to areas above and below acoustically critical spaces. Where an acoustically critical space has unavoidably been positioned adjacent to a high-noise area, consult AVC to discuss mitigating measures. E. See Mechanical (HVAC) Systems notes below for additional acoustic requirements. 3.2 MECHANICAL (HVAC) SYSTEMS With respect to design of mechanical (HVAC) systems, the following issues must be considered: A. B. C. D. E. F. G. H. Heat generated by media equipment is dissipated into the general room air mass. No dedicated ducting or heat exhausting will be required to accommodate ventilation of the anticipated media equipment, except where otherwise noted. Equipment contained within cabinetry and soffits must be ventilated to maintain appropriate operating temperatures. Normal convection air circulation is often adequate for this purpose, however, the cabinets must be built to facilitate such airflow. Openings must be provided at the bottom of the cabinets to allow cool air to enter the cabinets and at the top of the cabinets to allow the hot air to escape. Adequate space must be provided around the equipment and between the shelves to allow for the vertical airflow through the cabinet. Air supply diffusers may not be located adjacent to the roll-down projection screens or in a position such that airflow can cause screen movement. Where possible, VAV boxes should be located away from media facilities. Ducting is the preferred method for handling HVAC air return. Where ducted air returns are not feasible, provide acoustically insulated sound traps at air return openings through acoustically rated walls. Generated by supply diffusers should be minimized. Do not place dampers adjacent to air diffusers in acoustically critical areas. Refer to electrical power consumption estimates in Electrical section to determine anticipated media equipment heat loads in each space. [ lntrospec Architectural Consultants City of Carlsbad Safety Center Audio Visual Project July 2004 3.4 ELECTRICAL Complete power and low voltage electrical requirements associated with the project’s audiovisual facilities shall be provided by the Consultant. In addition, the following guidelines and general requirements are presented: A. Technical Power AC power service delineated for media production and presentation facilities is referred to as “technical power” service. With regard to technical power service, the following shall apply: 1. 2. 3. 4. 5. I Technical power service is not intended to support other than media system electrical power needs and should not be considered to be available for normal utility or convenience functions (e.g., housekeeping). Normal line voltage must be 120 volts and must not fall below 108 volts or exceed 130 volts. Surge suppression and protection should be provided as necessary to ensure that line voltage does not exceed an absolute maximum of 132 volts at technical power receptacles. Isolated grounds will be required at most technical power receptacles. Specific receptacle locations requiring isolated grounds will be identified in the Reference Electrical Drawings. Technical power requirements delineated in the Reference Electrical Drawings to be submitted by the provider will be for use by the project’s electrical engineer as reference in the development of the engineered electrical sys tem (s) . The following figures represent preliminary estimates of the dedicated power required for media equipment in the rooms identified. Refer to Audiovisual Systems Electrical Requirements for more detailed power requirements. a) Divisible Conference Room 60 amps b) Rear Projection Room 30 amps B. Media Signal Distribution and Control (Low Voltage) 1. All low voltage cabling for media signal distribution will be routed through conduit, wireways, or other containment. No plenum cabling will be used. 2. Low voltage signal distribution cabling will be provided and installed by Electrical Contractor. Pull cords will be provided in the conduit designated as Future to facilitate later installation of cable. lntrospec Architectural Consultants City of Carlsbad Safety Center Audio Visual Project July 2004 3. Where more than one conduit terminates in a single junction box, the electrical contractor will be expected to identify each conduit in a manner allowing identification of conduits after wall finishes have been applied. 4. Conduits for low voltage media cable must be physically isolated from line voltage AC circuits and lighting power and control circuits to prevent audio and control system interference. Where low voltage media circuits must cross line voltage AC circuits or lighting control circuits, they shall cross at 90 degrees and on different planes. ’ 5. All conduits specified for low voltage media cable shall be rigid or EMT type conduits. Flexible conduits may be used in runs of 72” or less where building codes allow and access is provided to full length of run. No bend smaller than 90 degrees permitted in any conduit. No more than three 90 degrees bends are permitted between accessible pull boxes. B. Miscellaneous Electrical The following work, material and equipment is anticipated to be provided and/or installed by the project’s Electrical Contractor per construction document specifications: 1. All conduits, wireways, connection boxes, pull boxes, junction boxes, outlet boxes and electrical enclosures shall be permanently installed in the wall, floor and ceiling. 2. All power receptacles and related inter-connecting wiring. 3. All electrical panels and power conditioners required to power the media equipment, 4. All low voltage remote control interface electronics required to allow operation of lighting controls and/or specified line voltage (120 or 277 VAC, 60 Hz) equipment (e.g., motorized window coverings, projection screens) fia media control systems. 5. All cabling required to link the media systems to external telecommunication and computer data systems provided by The City of Carlsbad. All CATV distribution electronics and cabling to the media systems provided by The City of Carlsbad. 6. 7. Installation of all ceiling speaker enclosures. lntrospec Architectural Consultants - ~ I City of Carlsbad Safety Center Audio Visual Project July 2004 8. The media presentation systems will require certain line voltage electrical devices (e.g. projection screens, etc.) to be capable of remote operation via low voltage media control systems. With regard to control of such devices, suitable interface electronics shall be provided and installed by the electrical contractor per specifications provided by the electrical engineer. Control capabilities provided through the media control systems shall function in parallel with any wall switches or other controls that may be required. Wall switches and other controls shall remain operational when the media systems are disabled. 3.5 LIGHTING A. Lighting Controls It should be the objective of any lighting control system installed in a presentation facility to be as simple to operate as possible so that adjustment of light levels does not become a distraction to the presenter. The specification of preset lighting control systems in the project’s audiovisual facilities is highly recommended. Preset lighting control systems can greatly simplify the operation of complex lighting systems by allowing multiple lighting “scenes” to be pre-programmed to meet the needs of particular room functions. In rooms with low voltage media control systems, the lighting control systems should be capable of parallel operation via the media control systems, This capability is usually a standard feature of any preset lighting control system. (Additional low voltage remote control requirements are described in the Electrical section.) B. Media Presentation Facilities 1. Projection Screens: Every effort should be made to direct light away ,from projection screens. Any light reflected off a projection screen (other that the light of the image) reduces the brightness and contrast of the image. This is particularly critical with front projection screens. Since there will likely be some room activities that will require illumination in the area of a projection screen, it is suggested that all fixtures adjacent to projection screens be configured on separate control circuits so that they can be turned off during projection, Use of fluorescent lights should also be avoided in projection facilities unless the fluorescence can be completely turned off during projection. 2. Task Lighting: In many presentation environments it is desirable to have low-level task lighting at the audience area for note taking and to allow reading of reference material. Such lighting should be dimmable and focused toward the work surface. lntrospec Architectural Consultants City of Carlsbad Safety Center Audio Visual Project July 2004 3.6 CONDITIONS OF INSTALLATION All areas of the project in which audiovisual equipment will be installed will conform to the following Installation Criteria prior to commencement of audiovisual system installation. All construction work, including installation of HVAC systems, power receptacles, conduits and pull-cords, lighting controls, low voltage control interfaces, equipment, cabinets, fixtures and finishes, will be complete. A. B. All construction materials, tools and debris will be removed. C. D. No activities which generate excessive noise, dust or vibration will occur in or adjacent to the installation areas. Installation areas will be securable and controlled access will be provided. E. The AVC will inspect the project site prior to the scheduled commencement of audiovisual system installation. Exceptions to the stated Installation Criteria will immediately be brought to Client’s attention. F. Field Conditions noted during installation, which are contrary to those, indicated in the Project construction documents, and which conflict with the audiovisual system requirements, will immediately be brought to Client’s attention. Resolution of such conditions will occur before work proceeds. 3.7 AUDIOVISUAL PERFORMANCE REQUIREMENTS A. Conference Facility 1. Overview The Conference Facility is a Divisible Room equipped for computer and media display, audio recording and high quality media playback; with emphasis on audio quality and user-friendly control system. OPERATION MODES The rooms are designated as 183, 184, 185 on the plans. Three configurations are available for the use of the center. 1. All three rooms may be used together by retracting acoustic doors systems. 2. 184, 185 may be separated from room 183 by closing one acoustic door. 3. 183, 184, 185 may be separated by closing both acoustic doors. lntrospec Architectural Consultants City of Carlsbad Safety Center Audio Visual Project July 2004 Audio i 2. All rooms shall have speakers (ceiling mounted), which shall be controlled only at the control panel located in room 185. This panel will control volume and on-off capabilities in all three rooms. Video Room 185 shall utilize the existing rear projection screen with the new projector installed in the equipment room located behind the screen. This screen can be viewed by all three rooms with when doors are opened. The existing motorized screen may be used with portable projection equipment and may also be viewed by all three rooms. Room 184 shall have the existing motorized screen available for use with portable projection equipment but may only be used for viewing in room 184 Room 183 may be used separately or together with the other rooms in the open position, however shall have a ceiling mounted projector with computer jacks, located in an. existing box on the wall below the screen. The speakers may be turned off at the main switch in room 185 for use of portable speakers, podiums etc. A.V Equipment Room The existing equipment room shall house all new equipment as specified in this manual. The equipment located in this room shall be connected to the room via underground circuits, as designated in the plans, Four new floor boxes shall provide access to control (remotely) such equipment located in the equipment room. Media Technologies Outline a) Visual Displays 1) One (1) 1024 x 768 LCD projector (on shelf) displays composite video and data images on one 96 (w) x 72” (h) rear projection screen in Room 1 (1 85). 2) One (1) ceiling-mounted LCD projectors, in Room 3 (183) for display of data and AV sources. 3) One (1) lectern with media equipment in Room 1 plugs in at the audience left, right or center position in front of the rear projection screen. lntrospec Architectural Consultants City of Carlsbad Safety Center Audio Visual Project July 2004 b) Film Sources 1) One (1) overhead projector on cart (CFE) plugs in at floor box at front center of room. 2) Three (3) existing front projection screens, one screen in each divisible room. One moved to ceiling height in Room 1. c) AVSources 1) One (1) %” S-VHS video cassette player in Room 1 back room rack. 2) One (1) audiocassette playerhecorder in Room 1 back room rack for voice audio record and tape playback. 3) One (1) DVD/CD player in Room 1 back rack 4) One (1) AV or Data output from Room 3 routed as input to Room 1 for emergency situations. d) Data Sources 1) One (1) laptop (CFE) input (at three(3) lectern positions or a overhead projector position in Room 1) has VGA and audio connectors routed to the LCD projector for audience display on rear projection screen. 2) One (1) laptop inputs, in room 3 on west wall jack. e) Media Audio 1) AV and data audio produced on ceiling speakers, twelve (12) in Room 1, sixteen (1 6) in Room 2, twelve (1 2) in Room 3. f) Voice Audio 1) One (1) fixed gooseneck microphone at Room 1 shall be fixed to the lectern per owners location. 2) Six (6) wireless microphones (CFE) for use in all room configurations. 3) Audio signals from all microphones and selected media source are mixed, amplified and distributed to (RF) assistive listening system and ceiling speakers based on divided room mode configuration. lntrospec Architectural Consultants City of Carlsbad Safety Center Audio Visual Project July 2004 g) Remote Control One (1) active matrix touch panel, located in the back room as designated by City, on Room 1, allows remote control of projector, media source selection, speaker zone selection and voice/media volume in Room 1. Room combination mode is manually selected at the touch panel. The touch panel will also have the capabilities to control media at the three (3) lectern positions as well as the overhead projector position in Room 1. All room volume controls are to be located at the main control panel in Room 1 only. Room environmentals, such as lighting and the front and side projection screens, will be controlled locally at wall-mounted switches. The overhead projector (CFE) will be locally controlled. B. AV Contractor Requirements and Support Requirements 1. The AV Contractor shall assure that prior to bidding, they have a clear understanding of the The City of Carlsbads requirements and final operational results of the AV system and its components. The Contractor shall request a conference with the The City of Carlsbad or the The City of Carlsbads Consultant to be certain all requirements are understood. Failure to request such a conference shall not constitute a cause for changes or additional work due to a misunderstanding of the scope, integration of equipment or expectations of the The City of Carlsbad. 2. The AV Contractor shall supply instruction and training for the use of the equipment which has been installed under this contract and its integration with existing equipment or systems. 3. The AV Contractor shall provide training sessions at the request of The City of Carlsbad, (3) three, one-hour training sessions, to be scheduled by The City of Carlsbad. The training sessions shall be scheduled immediately upon installation and completion, but may be scheduled as much as (6) six months after completion as directed by The City of Carlsbad. lntrospec Architectural Consultants City of Carlsbad Safety Center Audio Visual Project July 2004 4. 20 hours of calibration and programming shall be provided by the AV Contractor and shall be done in conjunction with The City of Carlsbad or its representatives. These services shall be provided immediately upon completion of the installation. The installation shall not be accepted until such programming is complete and accepted by The City of Carlsbad. I 5. The contractor shall furnish the city with (3) copies of a complete equipment manual and operation instructions , including names and addresses, contacts for service, repair, parts of each component of the system. C. Warranty 1. The AV Contractor shall warrant all of the installation services for a period of one (1) years from the date of completion. The warranty shall include services calls, telephone support, repairs, replacement of equipment, or re-programming if necessary. All warranty work shall be provided at no cost to The City of Carlsbad during the warranty period. 2. The AV Contractor shall provide all equipment manufacturers warranty certificates, filled out and ready for submittal at the time of instal lat io?. END OF SECTION lntrospec Architectural Consultants City of Carlsbad Safety Center Audio Visual Project July 2004 SECTION 16110- RACEWAYS AND BOXES I PART 1- GENERAL 1.01 RELATED DOCUMENTS A. The general provisions of the contract including General and Special Conditions and General Requirements shall apply to all work under this Section. 1.02 DESCRIPTION OF WORK A. Provide complete raceways system, boxes and fittings for all required electrical systems. 1.03 RELATED WORK IN OTHER SECTIONS A. Related work in other sections: Section 1 1 130 1.04 STANDARDS A. Except as modified by governing codes and by the Contract Documents, comply with the latest applicable provisions and latest recommendations of the following: 1. Rigid Steel Conduit a) U.L. Standard UL-6 b) A.N.S.I. C80-1 . c) Federal Specification WW-C-581 -E 2. Intermediate Metallic Conduit a) U.L. Standard UL-1242 b) Federal Specification WW-C-581 E 3. Electrical Metallic Tubing a) U.L. Standard UL-797 b) A.N.S.I. C80-3 c) Federal Specification WW-C-563 4. Flexible Steel Conduit a) U.L. Standard UL-1 lntrospec Architectural Consultants City of Carlsbad Safety Center Audio Visual Project July 2004 5. Liquid Tight Flexible Conduit a) U.L. Standard UL-360 6. Non-Metallic Conduit a) U.L. Standard UL-651 b) A.N.S.I. Standard F512 c) N.E.M.A. Standard TC-2 d) Federal Specifications GSA-FSS and W-C-1094-A 7. Wireways and Auxiliary Gutters a) U.L. S?andard UL-870 8. Rigid Aluminum Conduit a) A.N.S.I. C80.5 1.05 SUBMllTALS A. Provide manufacturer's catalog cuts of fittings. B. Where wireways and/or auxiliary gutters are employed full erection drawings must be submitted. Drawings to include plan views, elevations, size of wireways, type and quantity of conductors proposed to be installed therein, etc. C. Indicate duct banks or multi-trade coordinated shop drawings. D. Submit shop drawings or catalog descriptive data on boxes exceeding twenty-four (24") inches for any one dimension. E. Submit shop drawings or catalog descriptive for floor boxes and accessories. PART 2- PRODUCTS 2.01 RACEWAY TYPES A. Standard Threaded Rigid Steel Conduit. 1. Rigid conduit heavy wall galvanized. 2. Threaded type fittings: "Erickson" couplings where threaded cannot be used. lntrospec Architectural Consultants City of Carlsbad Safety Center Audio Visual Project July 2004 6. Intermediate Metallic Conduit 1. Light weight rigid steel conduit. 2. Threaded type fittings: "Erickson" couplings where threaded cannot be used. C. Electrical Metallic Tubing 1 . Continuous, seamless tubing, galvanized sheradized on the exterior, coated on the interior with a smooth hard finish of lacquer, varnish, or enamel. 2. Couplings and connectors: a) Indoor and two (2") inches in size and smaller, shall be steel set- screw type fittings. b) 2-1/2 inch size and larger must employ steel compression gland fittings. 3. Indent type fittings shall not be used. 4. All connectors shall have insulated throat. 5. Where installed in slab or concrete work, provide approved concrete tight fittings. D. Flexible Steel Conduit 1. Single strip, continuous, flexible interlocked, double-wrapped steel, galvanized inside and outside, forming smooth internal wiring channel. 2. Maximum length: six (6') feet 3. Each section of raceway must contain an equipment grounding wire bonded at each end and sized as required. Provide connectors with insulating bushings. 4. Steel squeeze-type or steel set screw type fittings. E. Liquid Tight Flexible Electrical Conduit 1. Same as flexible steel condu.it except with tough, insert water-tight plastic outer jacket. lntrospec Architectural Consultants City of Carlsbad Safety Center Audio Visual Project July 2004 2. Cast malleable iron body and gland nut, cadium plated with one-piece brass grounding bushings, which thread to interior of conduit. Spiral molded vinyl sealing ring between gland nut and bushing and nylon insulated throat. F. Non-Metallic Raceway 1. Composed of polyvinyl chloride suitable for 90 degrees Celsius. 2. . Raceways, fittings, and cement must be produced by the same manufacturer who must have had a minimum of ten (10) years experience in manufacturing the products. 3. Materials must have a tensile strength of 7,000-7,2000 psi at 73.4 degrees Fahrenheit, flexural strength of 12,000 psi and compressive strength of 9,000 psi. 4. All joints shall be solvent cemented in accordance with the recommendations of the manufacturer. G. Wireways and Auxiliary Gutters 1. Painted steel or galvanized steel 2. Of sizes and shapes indicated on the Drawings and as required. 3. Provide all necessary elbows, tees, connectors, adapters, etc. 4. Wire retainers not less that twelve (1 2") inches on center. H. Duct Banks 1. Provide duct banks and concrete encasements for both interior and exterior work as indicated on the Drawings and for all circuits in excess of 600 volts and as otherwise indicated. 2. Concrete shall be minimum fc=3,000 pounds per square inch. 3. Support raceways installed in duct banks every five (5') feet to assure correct alignment. 4. Terminate raceways with flared bells to enable ease of pulling cable and to eliminate stress on the cable. Free bells and raceway terminations of burrs and rough edges. 5. Provide concrete markers at grade where duct banks are stubbed out for future use. j lntrospec Architectural Consultants City of Carlsbad Safety Center Audio Visual Project July 2004 6. Install utility duct banks not less than thirty (30") inches below grade top elevation. 7. Provide rigid steel elbows for vertical risers. 8. Provide vinyl tracer ribbon twelve (12") inches above each duct bank bried in backfill. 2.02 LOCKNUTS AND BUSHINGS A. Locknuts shall be steel. Die cast locknuts shall not be used. B. All bushings shall be insulated. Use nylon insulated metallic bushings for sizes 1 I' and larger. Plastic bushings may be used in 1/2" and 3/4" sizes. 2.03 OUTLET, JUNCTION, AND PULL BOXES A. Cast type Conduit Boxes, Outlet Bodies and Fittings 1. Provide surface mounted outlet and junction boxes, in indoor locations, where exposed to moisture and in outdoor locations. 2. Use Ferrous Alloy boxes and conduit bodies with Rigid Steel or IMC. 3. Use Ferrous Alloy or cast aluminum boxes and conduit bodies with Electrical Metallic Tubing. 4. Covers: Cast or sheet metal unless otherwise required. 5. Tapered threads for hubs. 8. Galvanized Pressed Steel Outlet Boxes 1. General a) Pressed steel, galvanized or cadmium-plated, minimum of four (4") inches, octagonal or square, with galvanized cover or extension ring as required. 2. Concrete Box a) Four (10".5 X 12.5" depth 'I) FL-500P-BLP-4 , Brass 3. Switch and Receptacle Box, Indoors a> Nominal four (4") inches square, 1 -1/2" or 2-1/8" deep as required, with raised cover unless otherwise indicated on drawings. Gangable boxes shall not be used. lntrospec Architectural Consultants City of Carlsbad Safety Center Audio Visual Project July 2004 4. Telephone outlet box, Indoors a) Nominal four (4") inches square, 2-1/8" deep, with raised cover unless otherwise indicated on drawings. Gangable boxes shall not be used. 5. Lighting Fixture Box a) Four (4") inch octagon with 3/8" fixture stud. b) For suspended ceiling work, four (4") inch octagon with removable backplate where required, and two (2) parallel bars securing to the cross furring channels and extend flexible conduit to each fixture. 6. Plug any open knockouts not utilized. C. Sheet Steel Boxes Indoors 1. No. 12 USS gauge sheet steel for boxes with maximum side less than forty (40") inches and maximum area not exceeding 1,000 square inches; riveted or welded 3/4 inch flanges at exterior corners. 2. No. 10 USS gauge sheet steel for boxes with maximum side forty (40") to sixty (60") inches, and maximum area 1,000 to 1,500 square inches; riveted or welded 3/4 inch flanges at exterior corners. 3. No. 10 USS gauge sheet steel riveted or welded to 142 by 1-1/2" by 1/4" welded angle iron framework for boxes with a maximum side exceeding sixty (60") inches and more than 1,500 square inches in area. 4. Covers a) Same gauge steel as box. b) Subdivided single covers so no section of cover exceeds fifty (50) pounds. c) Machine bolts, machine screws threaded into tapped holes, or sheet metal screws as required; maximum spacing twelve (1 2") inches. 5. Floor Box Covers lntrospec Architectural Consultants City of Carlsbad Safety Center Audio Visual Project July 2004 PART 3- EXECUTION f 3.01 APPLICATION OF RACEWAYS A. The following applications must be adhered to except as otherwise required by Code. Raceways not conforming to this listing must be removed by this Contractor and replaced with the specified material at this Contractors expense. 1. Rigid Steel - Application: Where exposed to mechanical injury, where specifically required, where required by codes and for all circuits in excess of 600 volts. 2. I.M.C. - Application: Same as standard threaded rigid steel conduit. 3. E.M.T. - Applications: Use in every instance except where another material is specified. EMT shall not be used underground or in slab on grade. 4. Flexible Steel - Applications: Use in dry areas for connections to lighting fixtures in hung ceilings, connections to equipment installed in removable panels of hung ceilings at bus duct takeoffs, at all transformer or equipment raceway connections where sound and vibration isolation is required. 5. Liquid-Tight Flexible Conduit - Applications: Use in areas subject to moisture where flexible steel is unacceptable at connections to all motors, . and all raised floor areas. 6. Non-Metallic Conduit - Application: Schedule 40. Where specifically indicated on the drawings and for raceways in slab or below grade. All bends shall be made with wrapped steel elbows unless the bend is encased in concrete. 7. Wireways and Auxiliary Gutters - Application: Where indicated on the Drawings and as otherwise specifically approved. 3.02 RACEWAY SYSTEMS IN GENERAL A. Provide raceways for all wiring systems, including security, data transmission, paging, low voltage et. at 277/480 volt wiring shall be kept independent of 120/208 volt wiring. Emergency system wiring shall be kept independent of the normal system wiring. Where non-metallic raceways are utilized, provide sizes as required with the grounding conductor considered as an insulated additional conductor. Wiring of each type aM system must be installed in separate raceways. B. Install capped bushings on raceways as soon as installed and remove only when wires are pulled. Securely tie embedded raceway in place prior to embedment. Layout the work in advance to avoid excessive concentrations of multiple raceway runs. lntrospec Architectural Consultants City of Carlsbad Safety Center Audio Visual Project July 2004 C. Locate raceways so that the strength of structural members is unaffected and they do not conflict with the services of other trades. Install one (1") inch or larger raceways, in or through structural members (beams, slabs, etc.) only when and in i' the manner accepted by the ConsultanVEngineer. Draw up couplings and fittings full and tight. D. Above-grade raceways to comply with the following: 1. Install raceways concealed except at surface cabinets and for motor and equipment connection in electrical and mechanical rooms. Install a minimum of six (6") inches from flues, steam pipes, or other heated lines. Route exposed raceways parallel or perpendicular to building lines with right-angle turns and symmetrical bends. Run concealed raceways in a direct line and, where possible, with long sweep bends and offsets. Provide sleeves in forms for new concrete walls, floor slabs, and partitions for passage of raceways. Waterproof sleeved raceways where required. 2. Raceways shall not be run on roofs or exposed on the outside of the buildings unless specifically noted as exposed on the drawings or approved by the ConsultanVEngineer. 3. Provide raceway expansion joints for exposed and concealed raceways with necessary bonding conductor at building expansion joints and between buildings or structures and where required to compensate for raceway or building thermal expansion and contraction. Provide expansion fittings every 200 feet on outdoor conduit. 4. Provide one (1) empty 314 inch raceway for each three (3) spare unused poles or spaces of each flush-mounted panel board. Terminate empty 3/4 inch conduit in a junction box, which after completion, is accessible to facilitate future branch circuit extension. 5. Provide raceway installation (with appropriate seal-offs, explosion-proof fittings, etc.) in special occupancy area, as required. Provide conduit seal offs where portions of an interior raceway system pass through walls, . ceiling, or floors, which separate adjacent rooms having substantially different maintained temperatures, as in refrigeration or cold storage rooms. 6. Provide pull string in spare or empty raceways. Allow five (5) feet of slack at each end and in each pull box. Tie each end of the string to a washer or equivalent that does not fit into the conduit. Tag both ends of string denoting opposite end termination location. lntrospec Architectural Consultants City of Carlsbad Safety Center Audio Visual Project July 2004 F. Below Grade 1. Below grade raceways to comply to the following: a) Do not penetrate waterproof membranes unless proper seal is provided. 2. Protect steel raceways with a minimum of ten (10) mil tape approved for the purpose and overlapped a minimum of one-half tape width to prove a minimum of twenty (20) mil thickness. G. No raceway may be installed in a concrete slab or members except with the permission of the Structural Engineer and with the written consent of the Owner. 1. Conduits embedded in structural concrete slabs shall have an outside diameter less than one third of the thickness of the concrete slab and shall be installed entirely within the center one third of the concrete slab. 2. Raceways embedded in concrete slabs shall be spaced not less than eight (8") inches on centers and as widely spaced as possible where they converge at panels or junction boxes. 3. In no case will installation of raceways be permitted to interfere with the proper placement of principal reinforcement. 4. Raceways running parallel to slab supports, such as beams, columns, and structural walls, shall be installed not less than twelve (12") inches from such supporting elements. 5. To prevent displacement during concrete pour of lift slab, saddle supports for conduit, outlet boxes, junction boxes, inserts, etc., shall be secured with suitable adhesives. H. Non-metallic raceway installation shall conform to the following: 1. All joints are to be made by the solvent cementing method using the material recommended by the raceway manufacturer. To insure good joints, components shall be cleaned prior to assembly. 2. Raceway cut-offs shall be square and made by handsaw or other approved means, which does not deform the conduit. Raceway shall be reamed prior to solvent cementing to couplings, adapters, or fittings. 3. Electrical devices which are served by PVC raceways shall be grounded by means of a ground wire pulled in the raceway. 4. Bends shall be made by methods that do not deform or damage the conduit. The radii of field bends shall not be less than those established by the N.E.C. lntrospec Architectural Consultants City of Carlsbad Safety Center Audio Visual Project July 2004 5. Raceway expansion fittings shall be provided where necessary. The position of the expansion fitting shall be adjusted proportional to the temperature at installation. 6. Raceway supports shall be installed, in such a manner, to allow the PVC conduit to slide through the supports as the temperature changes, 7. Elbows must be galvanized rigid steel, intermediate metallic conduit or concrete encased. I. Raceways in hung ceiling shall be run on and secured to slab or primary structural members of ceiling, not to lathing channels or T -bars, Z-bars, or other elements which are the direct supports of the ceiling panels. Secure conduit firmly to steel by clips and fittings designed for that purpose. Install as high as possible, but not less than 1 l.0" above hung ceilings. J. Exposed raceways shall be run parallel or at right angles with building lines. Secure raceway clamps or supports to masonry materials by toggle bolts, expansion bolts, or steel inserts. Install raceway on steel construction with approved clamps, which do not depend on friction or set screw pressure alone. K. Clear raceway of all obstructions and dirt prior to pulling in wires or cables. This shall be done with ball mandrel (diameter approximately 85% of conduit Inside diameter) followed by close fitting wire brush and wad of felt, or similar material. This assembly may be pulled in together with, but ahead of, the cable being installed. All empty raceways shall be similarly cleaned. Clear any raceway, which rejects ball mandrel. L. Support raceways at intervals no greater than ten (10) feet and with one support within three (3) feet of each coupling, box, fitting, or outlet box. Provide one support within three (3) feet of each elbow or bend. 3.03 OUTLET, JUNCTION, AND PULLBOXES. A. Provide outlet, junction, and pull boxes as indicated on the drawings and as required for the complete installation of the various electrical systems, and to facilitate proper pulling of wires and cables. J-boxes and pull boxes shall be sized per electrical code minimum. Boxes on empty conduit systems shall be sized as if containing conductors of #4 AWG. B. Install boxes and covers for wiring devices so that the wiring devices will be installed with a vertical orientation unless otherwise noted on the drawings. lntrospec Architectural Consultants City of Carlsbad Safety Center Audio Visual Project July 2004 i C. The exact location of outlets and equipment is governed by structural conditions and obstructions, or other equipment items. When necessary, relocate outlets so that when fixtures or equipment are installed, they will be symmetrically located according to the room layout and will not interfere with other work or equipment. Verify final location of outlets, panels, equipment, etc., with Consultant. D. Back-to-back outlets in the same wall, or "thru-wall" type boxes not permitted. Provide twelve (1 2") inch (minimum) spacing for outlets shown on opposite sides of a common wall to minimize sound transmission. Provide twenty four (24") inch (minimum) horizontal spacing for outlets shown on opposite sides of a fire rated wall to maintain fire rating.O. E. Fit outlet boxes in finished ceilings or walls with appropriate covers, set flush with the finished surface. Where more than one switch or device is located at one point, use gang boxes and covers unless otherwise indicated. Sectional switch boxes or utility boxes will not be permitted. Provide Series IIGW" (Steel City) tile box, or as accepted, or a four (4") inch square box with tile ring in masonry walls, which will not be plastered or furred. Where drywall material is utilized, provide plaster ring. Provide outlet boxes of the type and size suitable for the specific application. Where outlet boxes contain two (2) or more 277 volt devices, or where devices occur of different applied voltages, or where normal and emergency devices occur in same box, provide suitable barrier. F. Pull Boxspacing ' 1. Provide pull boxes so no individual conduit run contains more than the equivalent of four (4) quarter bends (360 degrees total). 2. Conduit Sizes 1-1/4" and Larger. a) Provide boxes to prevent cable or wire from being excessively twisted, stretched, or flexed during installation. b) Provide boxes for medium voltage cables so that maximum pulling tensions do not exceed cable manufacturer's recommendations. c) Provide support racks for boxes with multiple sets of conductors do not rest on any metal work inside box. 3. Conduit Sizes one (1") inch and smaller, low voltage wire and cable (maximum distances) a) 200 feet straight runs. b) 150 feet runs with one 90 degrees bend or equivalent. c) 125 feet runs with two 90 degrees bends or equivalent. d) 100 feet runs with three or four 90 degrees bends or equivalent. In tros pec Architectural Consultants City of Carlsbad Safety Center Audio Visual Project July 2004 G. Floor Boxes 1. Prior to Concrete Pour a) Firmly support boxes. b) Adjust leveling screws to insure box covers are flush with finished floor. c) Plug unused opening with proper fittings and seal joints with compound for exclusion of concrete and moisture. 2. After Concrete Pour a) As soon as traffic is permitted on slab, remove any accumulation of water and foreign matter to avoid corrosion and rust. b) Insure covers are flush with finished floor. c) Install cover plates and accessories after floor finishing materials have been installed. END OF SECTION lntrospec Architectural Consultants ~~