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Home My WebLink About2023-10-10; City Council; ; Approve Plans, Specifications and Contract Documents and Authorize Advertising for Bids for the Calavera Hills Community Center Refurbishment ProjectCA Review GH Meeting Date: Oct. 10, 2023 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: Molly Amendt, Senior Engineer molly.amendt@carlsbadca.gov, 760-573-3368 Subject: Approve Plans, Specifications and Contract Documents and Authorize Advertising for Bids for the Calavera Hills Community Center Refurbishment Project District: 2 Recommended Action Adopt a resolution approving the plans, specifications and contract documents and authorizing the City Clerk to advertise for bids for the Calavera Hills Community Center Refurbishment Project. Executive Summary The Calavera Hills Community Center, located at 2997 Glasgow Drive, as shown in Exhibit 2, provides a wide range of programs and services to the community including preschool programs, youth day camps, classes for all ages and open gymnasium play. The Community Center building was built in 1988 and requires refurbishment of the roof, exterior siding and painting. Staff request that the City Council approve the completed and permitted plans, specifications and contract documents for the Calavera Hills Community Center Refurbishment, Capital Improvement Program Project No. 4746 and authorize the City Clerk to advertise the project for construction bids. City Council approval of these plans and specifications is required under Carlsbad Municipal Code Section 3.28.080(E) because the expected cost of this work is greater than $200,000. Explanation & Analysis The city conducted a facilities condition assessment of the Calavera Hills Community Center and nearby restroom and concessions building in 2018. The assessment identified the need to replace the roof and siding and recommended other minor improvements, including painting the facility. The project was approved as part of the city’s Capital Improvement Program budget in fiscal year 2019-20. In early 2021, staff issued an agreement to an architectural firm to prepare construction drawings and specifications to make the repairs and replacements recommended in the condition assessment report. Oct. 10, 2023 Item #4 Page 1 of 7 The project design, as shown in Exhibit 3, has been completed, approved by staff and has received a building permit, which is on file for the successful contractor to use upon contract award. The scope of the project includes: •Replacing a portion of the existing low-slope roofing with single-ply membrane, a wide sheeting designed for low slope roofs •Applying a fluid roof system over the existing roof for a portion of the existing low-slope roofing •Replacing clay tile roofing with standing seam metal roofing consisting of panels locked together with concealed fasteners •Patching and repairing areas of exterior cement plaster damage •Repainting all previously painted surfaces Staff recommend that the City Council approve the completed and permitted project plans, specifications and contract documents and authorize the City Clerk to advertise the project for construction bids. Fiscal Analysis No additional funding is requested at this time. However, based on the current construction cost estimate, it is anticipated that additional funding will be necessary to complete the project. Staff will request additional funding, as needed, when the item returns to the City Council to share bid results and request a contract award to the lowest responsive, responsible bidder. Calavera Hills Community Center Refurbishment Project Capital Improvement Program Project No. 4746 Total appropriation to date $1,985,000 Total expenditures/encumbrances to date -$96,000 Total available balance $1,889,000 Additional project costs Construction contract (engineer’s estimate) -$2,101,900 Construction contingency (estimated) -$210,000 Construction management, inspection and testing (estimated) -$210,000 Total estimated construction costs -$2,521,900 Estimated additional funds needed (To be requested at the time contract is awarded) $632,900 Next Steps With the City Council’s approval, the City Clerk will advertise a request for bids for the project. Staff will then evaluate the bids received and identify the lowest responsive and responsible bidder. Staff will then return to the City Council in early 2024 with a recommendation to award a construction contract to the lowest responsive and responsible bidder and request additional funding if needed. Oct. 10, 2023 Item #4 Page 2 of 7 Environmental Evaluation The City Planner, through the process outlined in Carlsbad Municipal Code Section 19.04.060, has determined that the project belongs to a class of projects that the state Secretary for Natural Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents in accordance with Section 15301 (d) of California Environmental Quality Act Guidelines. In making this determination, the City Planner has found that the exceptions listed in Section 15300.2 of the CEQA guidelines do not apply to this project. The project is consistent with the Class 1 exemption in Section 15301 (d) because it consists of maintenance of public facilities, such as restoration or rehabilitation of deteriorated or damaged structures, facilities, or mechanical equipment to meet current standards of public health and safety. Exhibits 1.City Council resolution 2.Location map 3.Plans, specifications and contract documents (on file in the Office of the City Clerk) Oct. 10, 2023 Item #4 Page 3 of 7 RESOLUTION NO. 2023-258 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE PLANS, SPECIFICATIONS AND CONTRACT DOCUMENTS AND AUTHORIZING THE CITY CLERK TO ADVERTISE FOR BIDS FOR THE CALAVERA HILLS COMMUNITY CENTER REFURBISHMENT PROJECT WHEREAS, the City Council of the City of Carlsbad, California has determined that the plans, specifications and contract documents for the Calavera Hills Community Center Refurbishment, Capital Improvement Program Project No. 4746, have been completed to the satisfaction of staff; and WHEREAS, the City Council has determined it necessary, desirable and in the public interest to advertise the project for construction bids; and WHEREAS, the plans, specifications and contract documents for the project have been prepared, and are on file at the City Clerk's office and are incorporated by reference; and WHEREAS, City Council approval of the plans and specifications is required under Carlsbad Municipal Code Section 3.28.080(E) because the expected value to construct the project exceeds the $200,000 limit established by the Public Contract Code, including the alternative provisions of the Uniform Public Construction Cost Accounting Act; and WHEREAS, the City Planner has determined that the project is exempt from the California Environmental Quality Act, or CEQA, per State CEQA Guidelines Section 15301(d), which applies to the restoration or rehabilitation of deteriorated or damaged structures, facilities, or mechanical equipment to meet current standards of public health and safety, and that no exception to the exemption as set forth in CEQA Guidelines Section 15300.2 applies. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1.That the above recitations are true and correct. 2.That the plans, specifications and contract documents for the Calavera Hills Community Center Refurbishment, Capital Improvement Program Project No. 4746, are approved and on file at the City Clerk's Office. 3.That the City Clerk is hereby authorized and directed to publish, in accordance with state law and Carlsbad Municipal Code Section 3.28.080(C), a notice to contractors inviting bids for construction of the project in accordance with plans, specifications and contract documents referred to herein. Exhibit 1 Oct. 10, 2023 Item #4 Page 4 of 7 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 10th day of Oct., 2023, by the following vote, to wit: AYES: NAYS: ABSTAIN: ABSENT: Blackburn, Bhat-Patel, Acosta, Burkholder. None. None. Luna. KEITH BLACKBURN, Mayor SHERRY FREISINGER, City Clerk (SEAL) Oct. 10, 2023 Item #4 Page 5 of 7 ROCK RIDG E R D MIDDLET O N D R WOODSTOCKST E D G E W A R E W Y G L A S G O W D R HA R W I C H D R T A M A R A C K A V C A R L S B A D V I L L A G E D R COL LEGE BL TAMARACK AV Copyright nearmap 2015 LOCATION MAP PROJECT NAME EXHIBIT2CALAVERA HILLS COMMUNITY CENTER REFURBISHMENT PROJECT $!Å **#5$ **#5$·|}þ78 VISTA ENCINITAS SAN MARCOS S.D. COUNTY OCEANSIDE PACIFICOCEAN T A M ARACKAV LACO STAAV POIN S E T TI A L N C A R L S B A D B L ELCA MIN O REALA V I A R APY ALGA R D CANNON R D Created By: Sara Jadhav 8/15/2023 J:\SaraJadhav_Customers\MollyAmendt\CalaveraHills\LocationMap-4746.mxd SITE LOCATION $!Å PROJECTNUMBER4746 Exhibit 2 Oct. 10, 2023 Item #4 Page 6 of 7 Exhibit 3 Plans, specifications and contract documents (on file in the Office of the City Clerk) Oct. 10, 2023 Item #4 Page 7 of 7 00 01 01 TITLE PAGE Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 CITY OF CARLSBAD CONTRACT DOCUMENTS FOR: Calavera Hills Community Center Refurbishment Project No. 4746 PWS24-2283FAC 1635 Faraday Ave, Carlsbad, CA 92008 Email: PWContractAdmin@carlsbadca.gov Exhibit 3 TABLE OF CONTENTS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Table of Contents SECTION 1 .................................................................................................................................... 1 00 11 10 NOTICE INVITING BIDS .................................................................................................. 1 1. RECEIPT OF BIDS. ................................................................................................................. 1 2. DESCRIPTION OF WORK. ...................................................................................................... 1 3. COMPLETION OF WORK. ..................................................................................................... 1 4. OPENING AND AWARD OF BIDS. ......................................................................................... 1 5. PERIOD FOR AWARD. ........................................................................................................... 1 6. BIDDER QUALIFICATIONS..................................................................................................... 2 7. PRE-BID CONFERENCE. ........................................................................................................ 2 8. OBTAINING CONTRACT DOCUMENTS. ................................................................................ 2 9. BID GUARANTEE AND BONDS. ............................................................................................ 2 10. PREVAILING WAGE RATES AND LABOR COMPLIANCE. ..................................................... 3 11. PROJECT ADMINISTRATION/QUESTIONS. ......................................................................... 3 00 21 10 INSTRUCTIONS TO BIDDERS .......................................................................................... 4 1. SECURING CONTRACT DOCUMENTS. .................................................................................. 4 2. EXAMINATION OF SITE AND CONTRACT DOCUMENTS. ...................................................... 4 3. INTERPRETATION OF DRAWINGS AND DOCUMENTS. ........................................................ 4 4. QUESTIONS. ......................................................................................................................... 5 5. PRE-BID CONFERENCE. ........................................................................................................ 5 6. ADDENDA. ............................................................................................................................ 6 7. ALTERNATE BIDS. ................................................................................................................. 6 8. COMPLETION OF BID FORMS. ............................................................................................. 6 9. GOVERNING GENERAL PROVISIONS. ................................................................................... 7 TABLE OF CONTENTS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 10. MODIFICATIONS OF BIDS. .................................................................................................. 7 11. BID GUARANTEE. ............................................................................................................... 7 12. LABOR & MATERIAL BOND AND PERFORMANCE & WARRANTY BOND REQUIREMENTS. 8 13. SUBSTITUTION OF SECURITY. ............................................................................................ 9 14. OPTIONAL ESCROW FOR SECURITY DEPOSIT. ................................................................... 9 15. INSURANCE REQUIREMENTS. ............................................................................................ 9 16. LICENSING REQUIREMENTS. ............................................................................................ 10 17. SUBCONTRACTORS. ......................................................................................................... 10 18. BIDDER INFORMATION AND EXPERIENCE FORM. ........................................................... 11 19. NON-COLLUSION AFFIDAVIT. .......................................................................................... 12 20. IRAN CONTRACTING ACT OF 2010. .................................................................................. 12 21. PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION. ..................................... 12 22. PREVAILING WAGES. ........................................................................................................ 13 23. DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS. ............................................ 13 24. SIGNING OF BIDS. ............................................................................................................ 13 25. SUBMISSION OF SEALED BIDS. ........................................................................................ 14 26. OPENING OF BIDS. ........................................................................................................... 14 27. WITHDRAWAL OF BID. ..................................................................................................... 15 28. BIDDERS INTERESTED IN MORE THAN ONE BID. ............................................................. 15 29. SALES AND OTHER APPLICABLE TAXES, PERMITS, LICENSES, AND FEES. ........................ 15 30. PERMIT AND INSPECTION FEE ALLOWANCE. .................................................................. 15 31. BASIS OF AWARD; BALANCED BID. .................................................................................. 16 32. AWARD PROCESS. ............................................................................................................ 16 33. EXECUTION OF CONTRACT. ............................................................................................. 16 TABLE OF CONTENTS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 34. BUSINESS LICENSE ........................................................................................................... 16 35. PARTICIPATION OF MINORITY AND WOMEN-OWNED BUSINESSES. .............................. 16 36. USE OF RECYCLED MATERIALS ......................................................................................... 16 37. STATUTORY REFERENCES ................................................................................................ 17 00 41 00 BID FORM .................................................................................................................... 18 1. BID SCHEDULE ................................................................................................................ 19 2. TOTAL BID PRICE ............................................................................................................ 21 3. RECITALS ........................................................................................................................ 21 00 43 10 BID BOND FORM ......................................................................................................... 27 00 43 20 BID SECURITY............................................................................................................... 29 00 43 30 PROPOSED SUBCONTRACTORS FORM ........................................................................ 30 00 43 40 BIDDER INFORMATION AND EXPERIENCE FORM ....................................................... 32 1. INFORMATION ABOUT BIDDER ...................................................................................... 32 2. LIST OF CURRENT PROJECTS (BACKLOG) ....................................................................... 34 3. VERIFICATION AND EXECUTION ..................................................................................... 38 00 45 10 NON-COLLUSION AFFIDAVIT ....................................................................................... 39 00 45 15 IRAN CONTRACTING ACT CERTIFICATION ................................................................... 40 00 45 20 PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION .................................. 41 00 45 25 CERTIFICATE OF INSURANCE ....................................................................................... 42 00 45 30 STATEMENT REGARDING DEBARMENT ...................................................................... 43 00 45 35 DISCLOSURE OF DISCIPLINE RECORD .......................................................................... 44 00 52 00 CONTRACT ................................................................................................................... 46 00 61 10 LABOR AND MATERIALS BOND ................................................................................... 50 00 61 20 FAITHFUL PERFORMANCE AND WARRANTY BOND .................................................... 53 TABLE OF CONTENTS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 00 61 30 OPTIONAL ESCROW AGREEMENT ............................................................................... 57 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS ....................................................... 61 INTRODUCTION ..................................................................................................................... 61 00 74 00 AGENCY SUPPLEMENTAL TECHNICAL PROVISIONS (NOT USED) .............................. 139 INTRODUCTION (NOT USED) ............................................................................................... 139 PART 2 CONSTRUCTION MATERIALS (NOT USED) ............................................................... 139 SECTION 2 ................................................................................................................................ 140 01 11 00 SUMMARY OF WORK (NOT USED) ............................................................................ 140 PART 1 GENERAL (NOT USED) ............................................................................................. 140 PART 2 PRODUCTS (NOT USED) ........................................................................................... 140 PART 3 EXECUTION (NOT USED) .......................................................................................... 140 01 11 20 MEASUREMENT AND PAYMENT ............................................................................... 141 PART 1 GENERAL .................................................................................................................. .141 PART 2 PRODUCTS (NOT USED) ........................................................................................... 145 PART 3 EXECUTION (NOT USED) .......................................................................................... 145 01 31 00 PROJECT MANAGEMENT AND COORDINATION ....................................................... 146 PART 1 CONSTRUCTION MANAGEMENT SOFTWARE .......................................................... 146 01 32 00 SUBMITTALS .............................................................................................................. 147 PART 1 GENERAL .................................................................................................................. 147 PART 2 PRODUCTS (NOT USED) ........................................................................................... 152 PART 3 EXECUTION (NOT USED) .......................................................................................... 152 01 33 00 CONSTRUCTION PROGRESS SCHEDULE .................................................................... 153 PART 1 GENERAL .................................................................................................................. 153 PART 2 EXECUTION .............................................................................................................. 163 TABLE OF CONTENTS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 01 41 26 PERMIT REQUIREMENTS ........................................................................................... 168 PART 1 GENERAL .................................................................................................................. 168 PART 2 PRODUCTS (NOT USED) ........................................................................................... 169 PART 3 EXECUTION (NOT USED) .......................................................................................... 169 01 50 00 TEMPORARY FACILITIES AND CONTROLS.................................................................. 170 PART 1 GENERAL .................................................................................................................. 170 PART 2 PRODUCTS (NOT USED) ........................................................................................... 176 PART 3 EXECUTION (NOT USED) .......................................................................................... 176 TECHNICAL SPECIFICATIONS…………………………………………………………………………………………………..177 Attachment A – Contractor Staging Area Attachment B – City Form E-32, Project SWPPP Tier Level Attachment C – City Roof Warranty Forms Attachment D – San Diego Regional Hazardous Material Questionnaire Attachment E – Construction Waste Management Plan, B-59 Plans – Bid Set Only – Not for Construction 00 11 10 NOTICE INVITING BIDS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 1 of 308 SECTION 1 00 11 10 NOTICE INVITING BIDS 1. RECEIPT OF BIDS. The City of Carlsbad (“Agency”) will accept Bids via electronic format via the City of Carlsbad Electronic Bidding Site up to and no later than 11 a.m. on November 9, 2023 through the online bidding portal (Contracting & Purchasing | Carlsbad, CA (carlsbadca.gov)) for the construction of the Work entitled: Calavera Hills Community Center Refurbishment CONTRACT NO. PWS24-2283FAC Project No. 4746 2. DESCRIPTION OF WORK. The Work includes the provision of all equipment, labor, materials, tools, services, transportation, permits, utilities, and all other items necessary to complete the construction of the following, as specified and shown in the Construction Documents: replace a portion of the existing low-slope roof with single-ply membrane, apply a fluid applied roof system over the existing roof for a portion of the existing low-slope roof, replace clay tile roofing with standing seam metal roofing, patch and repair areas of exterior cement plaster damage, and repaint all previously painted surfaces. The Work Site is located at 2997 Glasgow Drive in the City of Carlsbad, in the County of San Diego, California. 3. COMPLETION OF WORK. The Contract Time is established as eighty (80) Working Days. The Contract Time shall begin as specified in the Notice to Proceed. The Engineers’ estimate for this Project is $2,101,900. 4. OPENING AND AWARD OF BIDS. Agency shall consider awarding the Contract for the Project to the lowest, responsive, responsible Bidder as determined by the Agency from the base Bid alone. The Agency has the right to reject any or all Bids or to waive any irregularities or informalities in any Bids or in the Bidding process. 5. PERIOD FOR AWARD. A period of ninety (90) Calendar Days from the time of Bid opening may be required to award the Contract. No Bidder may withdraw its Bid or Bid Guarantee during this period. Bidders shall assume full responsibility for their Bid Price during this period and shall make certain that such delay does not restrict the Bid Guarantee. 00 11 10 NOTICE INVITING BIDS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 2 of 308 6. BIDDER QUALIFICATIONS. Bidders shall be licensed contractors pursuant to Business and Professions Code Sections 7000 et seq. under the classification of C-39, Roofing, or Class B, General Building Contractor as of the date of submittal of the Bid Documents and shall maintain such license until final acceptance of the Work. Additional qualifications are included in the Contract Documents. 7. PRE-BID CONFERENCE. The Agency will conduct a mandatory Pre-Bid Conference at the Agency’s office (address listed below) on October 26, 2023, at 10 a.m. Bidders will have the opportunity to walk a portion of the roof. Address: 2997 Glasgow Drive, Carlsbad, CA 92010 Representatives of the Agency and consulting engineers and architects, if any, will be present. Questions asked by Bidders at the Pre-Bid Conference not specifically addressed within the Contract Documents shall be answered in writing and shall be sent to all Bidders present at the Pre-Bid Conference and be posted on the online bidding portal. Bids will not be accepted from any bidder who did not attend a mandatory Pre-Bid Conference. 8. OBTAINING CONTRACT DOCUMENTS. Bidders may obtain a copy of the Contract Documents from Agency’s website (Contracting & Purchasing | Carlsbad, CA (carlsbadca.gov)). To the extent required by Public Contract Code Section 20103.7, upon request from a contractor plan room service, the Agency shall provide an electronic copy of the Contract Documents at no charge to the contractor plan room. It is the responsibility of each prospective Bidder to download and print all Bid Documents for review and to verify the completeness of Bid Documents before submitting a Bid. All Addenda will be posted on the online bidding portal. It is the responsibility of each prospective Bidder to check the online bidding portal on a daily basis through the close of the bidding period for any applicable Addenda. The Agency does not assume any liability or responsibility for any defective or incomplete copying, excerpting, scanning, faxing, downloading or printing of the Bid Documents. Information on the online bidding portal may change without notice to prospective Bidders. The Contract Documents shall supersede any information posted or transmitted by the online bidding portal. No time extensions or other consideration will be given for non-receipt or other circumstance associated with the review or acquisition of Contract Documents. Bids must be submitted on the Agency’s Bid Forms in the Contract Documents. 9. BID GUARANTEE AND BONDS. Each Bid shall be accompanied by cash, a certified or cashier’s check or Bid Bond secured from a surety company satisfactory to the Agency, the amount of which shall not be less than 10% of the submitted Total Bid Price, made payable to the Agency as bid security. The bid security shall be provided as a guarantee that within 10 Working Days after the Agency provides the successful bidder the Notice of Award, the successful Bidder will enter into a contract and provide the necessary bonds and certificates of insurance. The bid security will be declared forfeited if the successful Bidder fails to comply within these 10 Working Days. No interest will be paid on funds deposited with the Agency. 00 11 10 NOTICE INVITING BIDS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 3 of 308 All Bidders must upload Bidder’s Bond to the online bidding portal. The original Bid Bond for the 3 apparent low Bidders must be submitted to the city within 2 Business Days of Bid opening. The successful Bidder will be required to furnish a Faithful Performance Bond and a Labor and Material Bond each in an amount equal to 100% of the Contract Price. Each bond shall be in the forms set forth in the Contract Documents, shall be secured from a surety company that meets all State of California bonding requirements, as defined in Code of Civil Procedure Section 995.120, and that is a California admitted surety insurer. Pursuant to Public Contract Code Section 22300, the successful Bidder may substitute certain securities for funds withheld by Agency to ensure its performance under the Contract. 10. PREVAILING WAGE RATES AND LABOR COMPLIANCE. This Project is subject to prevailing wages and labor compliance per the Labor Code. To this end, Bidder shall sign and submit with its Bid the California Department of Industrial Relations (DIR) Public Works Contractor Registration Certification on the form 00 45 00 provided. Failure to submit this form may render the bid non-responsive. In addition, each Bidder shall provide the registration number for each listed Subcontractor in the space provided in the Proposed Subcontractors form. In bidding this Project, it shall be the Bidder’s sole responsibility to evaluate and include the cost of complying with all labor compliance requirements under this Contract and applicable law in its Bid. A copy of the prevailing wage rates may be obtained via the internet at: www.dir.ca.gov/dlsr/. 11. PROJECT ADMINISTRATION/QUESTIONS. Requests for Information (RFI) or interpretations of Bid Documents during the bid period shall be submitted via Online Q&A in the online bidding portal. The cutoff date and time to submit questions or substitution request regarding this Project via Online Q&A in the online bidding portal is October 31, 2023, at 5 p.m. No questions will be entertained after that date. For further information, see the online bidding portal. END OF SECTION 00 21 10 INSTRUCTIONS TO BIDDERS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 4 of 308 00 21 10 INSTRUCTIONS TO BIDDERS 1. SECURING CONTRACT DOCUMENTS. Bids must be submitted to the Agency on the Bid Forms which are a part of the Contract Documents for the Project. The Contract Documents may be obtained from the Agency’s online bidding portal (Contracting & Purchasing | Carlsbad, CA (carlsbadca.gov)). Prospective bidders are encouraged to communicate with the Agency well in advance of the date and time bids are due to the Agency (“Bid Submission Deadline”) to determine the availability of Contract Documents. The Agency may also make the Contract Documents available for review at one or more plan rooms. Prospective Bidders who choose to review the Contract Documents at a plan room must contact the Agency to obtain the required Contract Documents if they decide to submit a Bid for the Project. Addenda will be posted on the online bidding portal. Failure to acknowledge all Addenda may make a Bid nonresponsive and ineligible for award of the Contract. Bidders are advised to verify the issuance of all Addenda and receipt of them 1 Working Day prior to bidding. Failure to acknowledge all Addenda may make a Bid nonresponsive and ineligible for award of the Contract. 2. EXAMINATION OF SITE AND CONTRACT DOCUMENTS. At its own expense and before submitting its Bid, each Bidder shall visit the Site of the proposed Work and fully acquaint itself with the conditions relating to the construction and labor required so that the Bidder may fully understand the Work, including but not limited to, difficulties and restrictions attending the execution of the Work under the Contract. Each Bidder shall carefully examine the Drawings, and shall read the Specifications, Contract Documents, and all other referenced documents. Each Bidder shall also determine the local conditions which may in any way affect the performance of the Work, including local tax structure, contractors’ licensing requirements, availability of required insurance, the prevailing wages and other relevant cost factors. Each Bidder shall also familiarize itself with all federal, state and local laws, ordinances, rules, regulations and codes affecting the performance of the Work, including the cost of permits and licenses required for the Work, and shall make such surveys and investigations, including investigations of subsurface or latent physical conditions at the Site or where Work is to be performed as may be required. Bidders are responsible for consulting the standards referenced in the Contract. The failure or omission of any Bidder to receive or examine any contract documents, forms, instruments, addenda, or other documents, or to visit the Site and acquaint itself with conditions there existing shall in no way relieve any Bidder from any obligation with respect to its Bid or to the Contract and no relief for error or omission will be given except as required under California law. The submission of a Bid shall be taken as conclusive evidence of compliance with this Section. 3. INTERPRETATION OF DRAWINGS AND DOCUMENTS. Prospective Bidders unclear as to the true meaning of any part of the Drawings, Specifications or other parts of the Contract Documents, or discrepancies in or omissions from the Drawings and Specifications, may promptly submit a written request for information, interpretation, 00 21 10 INSTRUCTIONS TO BIDDERS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 5 of 308 clarification, or correction (“RFI”) to the Bid Administrator, the Agencies designated representative for soliciting and conducting bids on the Agencies online ebidding portal. (defined below). The Agency may not respond to RFIs submitted past the Q&A Submission Deadline. The Bidder submitting the RFI is responsible for prompt delivery to the Bid Administrator. Responses to RFIs will be made only by duly issued written Addenda. The Agency shall not provide verbal responses to RFIs. Copies of written Addenda will be posted on the online bidding portal for each prospective Bidder who has downloaded a set of Contract Documents. The Agency will not be responsible for any other explanation or interpretations of the Drawings, Specifications or other parts of the Contract Documents. If any Prospective Bidder becomes aware of any errors or omissions in any part of the Contract Documents, the Prospective Bidder must promptly notify the Agency of such error or omission. Before 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 Agency except as otherwise specified in these Instructions to Bidders. No bidder may rely on verbal directions given by any agent, employee or contractor of the Agency except as specified in these Instructions to Bidders. 4. QUESTIONS. Questions regarding this Project must be submitted through the online ebidding portal. Questions shall be definite and certain, and shall reference applicable drawing sheets, notes, details or specification sections. The deadline to submit questions is identified in the Notice Inviting Bids. Questions received after the deadline may not be answered. Responses to questions submitted during the bidding period will be published in an Addendum and provided to those bidding on the Project no later than the date specified in the Notice Inviting Bids. Except for the Agency’s Bid Administrator, no other members of the Agency’s staff or Board should be contacted about this procurement during the bidding process. All inquiries and comments from Prospective Bidders regarding a proposed Bid must be communicated in writing, unless otherwise instructed by the Agency. The Agency may, in its sole discretion, disqualify any Prospective Bidder who engages in any prohibited communications. 5. PRE-BID CONFERENCE. The Notice Inviting Bids shall state whether a Pre-Bid Conference will be held and, if so, whether attendance is mandatory. Bids will not be accepted from any bidder who did not attend a Mandatory Pre-Bid Conference. The Conference will commence at the specified start time and the Site visit will begin at the conclusion of the Conference. Prospective Bidders who arrive late (ten or more minutes after the Conference has started) and who do not sign the “Sign-In” or attendance sheet, may be disqualified from the bidding process. Representatives of the Agency and its consultants, if any, will be present to the extent possible. Questions asked by Bidders at the Pre-Bid Conference not specifically addressed within the Contract Documents shall be answered in writing and shall be sent to all Bidders present at the Pre-Bid Conference. 00 21 10 INSTRUCTIONS TO BIDDERS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 6 of 308 A Pre-Bid Conference may include a Project Site visit. Personal Protective Equipment (PPE) is required of all Job Walk attendees. Attendees are required to wear closed toe shoes and long pants. Sleeved shirts, safety glasses (may be prescription with side shields if in process areas), safety vests and hard hats are recommended. Only those possessing such attire will be allowed on the Job Site. The Agency will not provide personal protective equipment to Job Walk attendees. 6. ADDENDA. The Agency may revise the Contract Documents before the Bid Submission Deadline. Revisions, if any, shall be made by written Addenda. All Addenda will be posted on the online bidding portal. All Addenda issued by the Agency shall be acknowledged by the Bidder on the online bidding portal and made part of the Contract Documents. The Bidder shall acknowledge the Addenda before submitting its Bid. Bidders are responsible for the receipt of all Addenda. The Agency may reject a Bid if the Bidder fails to acknowledge all Addenda. Pursuant to Public Contract Code Section 4104.5, if the Agency issues an Addendum which includes material changes to the Project less than 72 hours before the Bid Submission Deadline, the Agency will extend the Bid Submission Deadline by no less than 72 hours. The Agency may determine, in its sole discretion, whether an Addendum warrants postponement of the Bid Submission Deadline. 7. ALTERNATE BIDS. If alternate Bid items are called for in the Notice Inviting Bids and the Contract Documents, the time required for completion of the Work for the alternate Bid items is factored into the Contract duration and no additional Contract time will be awarded. The Agency may elect to include one or more of the alternate Bid items, or to otherwise remove certain work from the Project scope of work. Accordingly, each Bidder must ensure that each Bid item contains a proportionate share of profit, overhead, and other costs or expenses which will be incurred by the Bidder. If the Agency utilizes alternate Bid items as described above, the Notice Inviting Bids will prescribe predetermined criteria for the Bid package selection or a selection process in which price information and Bidder identities are not revealed to the Agency before the Bid Submission Deadline. 8. COMPLETION OF BID FORMS. Bids shall only be prepared using the Bid Forms which are included in the Contract Documents. The use of substitute Bid Forms other than legible and correct photocopies of those provided by the Agency are prohibited. Bids shall be executed by an authorized signatory as described in these Instructions to Bidders. In addition, Bidders shall fill in all blank spaces (including inserting “N/A” where applicable), and initial all interlineations, alterations, or erasures to the Bid Forms. Bidders shall neither delete, modify, nor supplement the printed matter on the Bid Forms nor make substitutions thereon. Use of black or blue ink, indelible pencil, or a typewriter is required. Deviations from these instructions may result in the Bid being deemed non-responsive. 00 21 10 INSTRUCTIONS TO BIDDERS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 7 of 308 The following documents must be completed and properly executed including notarization, where indicated, and submitted as a part of the complete Bid Package: 1. Bid Form (00 41 00) 2. Bid Bond (00 43 10) or Bid Security (00 43 20) with check/cash 3. Proposed Subcontractors Form (00 43 30) 4. Bidder Information and Experience Form (00 43 40) 5. Non-Collusion Affidavit (00 45 10) 6. Iran Contracting Act Certification (00 45 15) 7. Public Works Contractor Registration Certification (00 45 20) 8. Certificate of Insurance (00 45 25) 9. Statement Regarding Debarment (00 45 30) 10. Disclosure of Discipline Record (00 45 35) 11. Acknowledgement of ALL Addenda on the online bidding portal. 12. Optional Escrow Agreement, as applicable (00 61 30) All Bids shall be computed on the basis of the given estimated quantities of work, as indicated in the Bid, multiplied by the unit price as submitted by the Bidder. When paper copies are submitted, all prices must be written 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. 9. GOVERNING GENERAL PROVISIONS. The Specifications contained in the Agency Supplemental General Provisions (00 73 00) take precedence over the specification language contained in the Standard Specifications for Public Works Construction, “the Greenbook” latest edition and all errata. The Supplemental General Provisions address the unique conditions in the City of Carlsbad that are not addressed in the Greenbook. Therefore, if there is a conflict between the two, the Supplemental Provisions shall control over the Greenbook. The Greenbook may be purchased at Bidder’s/Contractor’s local technical bookstore, online or directly from the publisher. The Supplemental Provisions are available only for download from the online bidding portal with Contract Documents. The Agency does not provide hard copies. 10. MODIFICATIONS OF BIDS. Each Bidder shall submit its Bid in strict conformity with the requirements of the Contract Documents. Unauthorized additions, modifications, revisions, conditions, limitations, exclusions, or provisions attached to a Bid may render it non-responsive and may cause its rejection. Bidders shall not delete, modify, or supplement the printed matter on the Bid Forms, or make substitutions thereon. Oral, telephonic, and electronic modifications will not be considered. 11. BID GUARANTEE. Each Bid shall be accompanied by: (a) a cashier’s check; or, (b) a certified check made payable to Agency; or, (c) a Bid Bond secured from a surety company satisfactory to the Board, the amount 00 21 10 INSTRUCTIONS TO BIDDERS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 8 of 308 of which shall not be less than 10% of the total bid price, made payable to Agency as bid security. Personal sureties and unregistered surety companies are unacceptable. The surety insurer shall be a California admitted surety insurer, as defined in Code of Civil Procedure Section 995.120. The bid security shall be provided as a guarantee that within 10 Working Days after the Agency provides the successful Bidder the Notice of Award, the successful Bidder will enter into a contract and provide the necessary bonds and certificates of insurance. The bid security may be declared forfeited if the successful Bidder fails to enter into a contract and provide the necessary bonds and certificates of insurance. Any Bid received that does not comply with these Bid Guarantee instructions may be rejected as non-responsive, and Agency may enter into a contract with the next lowest, responsive, responsible Bidder, or may call for new Bids. No interest shall be paid on funds deposited with the Agency. Copies of Bid Bonds submitted to the Agency shall have the same force and effect as the original. 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 10 Working Days after the Contract is awarded The proceeds of the Bidder’s security may also become property of the Agency if the Bidder withdraws its Bid within 15 Calendar Days after the Bid opening date, unless otherwise required by law, including Public Contract Code Section 5100 et. seq., and notwithstanding the award of the Contract to another Bidder. The Bidder shall submit Bid Bond (00 43 10) or Bid Security (00 43 20) with properly certified check with the Bid Package. 12. LABOR & MATERIAL BOND AND PERFORMANCE & WARRANTY BOND REQUIREMENTS. The successful Bidder shall furnish Agency with a Labor and Material Payment Bond and a Performance and Warranty Bond, each in an amount equal to 100% of the Contract price. Each bond shall be secured from a surety company that meets all State of California bonding requirements, as defined in Code of Civil Procedure Section 995.120 and is admitted by the State of California, and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The Agency shall not accept personal sureties and unregistered surety companies. Each bond shall be accompanied, upon the request of Agency, with all documents required by Code of Civil Procedure Section 995.660 to the extent required by law. All bonding and insurance requirements shall be completed and submitted to Agency within 10 Working Days from the date the Agency provides the successful Bidder with the Notice of Award. 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 Agency until they are released as stated in the Contract. The Bonds are to be accompanied by 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. 00 21 10 INSTRUCTIONS TO BIDDERS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 9 of 308 13. SUBSTITUTION OF SECURITY. The Contract Documents call for monthly progress payments based upon the percentage of the Work completed. The Agency will retain a percentage of each progress payment as provided by the Contract Documents. At the request and expense of the successful Bidder, the Agency will substitute securities for the amount so retained in accordance with Public Contract Code Section 22300. 14. OPTIONAL ESCROW FOR SECURITY DEPOSIT. Pursuant to applicable provisions of law (i.e., Public Contract Code Section 10263), appropriate securities may be substituted for any obligation required by these instructions or for any monies withheld by the Agency to ensure performance under the Contract. Public Contract Code Section 10263 requires monies or securities to be deposited with the Agency 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. 15. INSURANCE REQUIREMENTS. Before commencing the Work, the successful Bidder shall purchase and maintain insurance as set forth in the Agency General Conditions. If the Bid is accepted, and if requested by the Agency, Contractor shall provide Agency or preferred vendor copies of the insurer’s most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Insurance Code Section 900 et seq. within 10 Calendar Days of the insurer’s receipt of a request to submit the statements. In accordance with the provisions of Labor Code Section 3700, Contractor shall secure the payment of compensation to its employees. Contractor shall sign and file with the Agency the following certificate before performing the Work under the Contract: I am aware of the provisions of Labor Code Section 3700, which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of the Contract. The form of such, Certificate of Insurance (00 45 25), shall be submitted as a part of the Bid Package. Insurance must be placed with insurers that: 1) Have a rating in the most recent Best’s Key Rating Guide of at least A-:VII, or 2) Appear on the List of Approved Surplus Line Insurers, (“LASLI”) with a Best’s Key Rating Guide of at least A: X. 3) Are admitted to conduct the business of insurance in the State of California by the Insurance Commissioner. 4) Otherwise comply with all other aspects of City Council Policy No. 70. 00 21 10 INSTRUCTIONS TO BIDDERS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 10 of 308 Auto policies offered to meet the specification of this Contract must: 1) Meet the conditions stated above for all insurance companies. 2) Cover any vehicle used in the performance of the Contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. Workers’ compensation insurance required under this Contract must be offered by a company meeting the above standards with the exception that the Best’s rating condition may be waived. The Agency 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 the insurance shall be included in the Bid price. The award of the Contract by the Board is contingent upon the Contractor submitting the required bonds and insurance, as described in the Contract Documents, within 10 Working Days of bid opening. If the Contractor fails to comply with these requirements, the Agency may award the Contract to the second or third lowest Bidder and the bid security of the lowest Bidder may be forfeited. 16. LICENSING REQUIREMENTS. Pursuant to Business and Professions Code Section 7028.15 and Public Contract Code Section 3300, all Bidders must possess proper licenses for performance of the Contract. Subcontractors must possess the appropriate licenses for each specialty subcontracted. Pursuant to Business and Professions Code Section 7028.5, the Agency shall consider any Bid submitted by a contractor not currently licensed in accordance with California law and pursuant to the requirements found in the Contract Documents to be nonresponsive, and the Agency shall reject the Bid. The Agency shall have the right to request, and Bidders shall provide within 10 Calendar Days, evidence satisfactory to the Agency of all valid license(s) currently held by that Bidder and each of the Bidder’s Subcontractors, before awarding the Contract. Notwithstanding anything contained in this Contract, if the Work involves federal funds, the Contractor shall be properly licensed by the time the Contract is awarded, pursuant to the provisions of Public Contract Code Section 20103.5. 17. SUBCONTRACTORS. Bidder shall set forth the name, address of the place of business, and contractor license number of each Subcontractor who will perform work, labor, furnish materials or render services to the bidder on the Contract. This requirement includes each Subcontractor licensed by the State of California who, under subcontract to Bidder, specially fabricates and installs a portion of the Work described in the Drawings and Specifications in an amount in excess of one-half of one percent (0.5%) of the total Bid price. Additionally, the Bidder shall indicate the portion of the Work to be done by each Subcontractor in accordance with Public Contract Code Section 4104. Bidder shall submit Proposed Subcontractors Form (00 43 30) with the Bid Package. 00 21 10 INSTRUCTIONS TO BIDDERS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 11 of 308 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 performance by forces other than the Bidder’s own organization will be rejected as non-responsive. Specialty items of work that may be so designated on the Proposed Subcontractors Form (00 43 30) “Contractor’s Bid” will not be included in computing the percentage of work proposed to be performed by the Bidder. 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 the 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 the item. When the Bidder proposes to use a Subcontractor to construct or install less than 100 percent of a Bid item, the Bidder shall attach an explanation sheet to the Proposed Subcontractor Form (00 43 30). The explanation sheet shall clearly apprise the Agency 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 Board in conformance with the provisions of the Contract Documents. The decision of the Board shall be final. 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 Section 1771.1 or 1777.7. Bidders shall make copies of the disclosure forms as may be necessary to provide the required information to Subcontractors. The page number and total number of additional form pages shall be entered in the location provided on each type of form so duplicated. 18. BIDDER INFORMATION AND EXPERIENCE FORM. Each Bidder shall complete the provided questionnaire and shall submit the questionnaire along with its Bid. Failure to provide all information requested within the questionnaire along with the Bid may cause the Bid to be rejected as non-responsive. The Agency may reject any Bid if an investigation of the information submitted does not satisfy the Agency that the Bidder is qualified to properly carry out the terms of the Contract. The Bidder shall submit Bidder Information and Experience Form (00 43 40) with the Bid Package. 00 21 10 INSTRUCTIONS TO BIDDERS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 12 of 308 19. NON-COLLUSION AFFIDAVIT. Bidders on all public works contracts are required to submit an affidavit of non-collusion with their Bid. This form (00 45 10 Non-Collusion Affidavit) is included with the Bid Package and must be signed and dated under penalty of perjury. 20. IRAN CONTRACTING ACT OF 2010. In accordance with Public Contract Code Section 2200 et seq., the Agency requires that any person that submits a bid or proposal or otherwise proposes to enter into or renew a contract with the Agency with respect to goods or services of $1,000,000 or more, certify at the time the bid is submitted or the contract is renewed, that the person is not identified on a list created pursuant to subdivision (b) of Public Contract Code Section 2203 as a person engaging in investment activities in Iran described in subdivision (a) of Public Contract Code Section 2202.5, or as a person described in subdivision (b) of Public Contract Code Section 2202.5, as applicable. The form of such Iran Contracting Certificate is included with the Bid Package and must be signed and dated under penalty of perjury. 21. PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION. Pursuant to Labor Code Section 1773, the Agency has obtained the prevailing rate of per diem wages and the prevailing wage rate for holiday and overtime work applicable in San Diego County from the Director of the Department of Industrial Relations for each craft, classification, or type of worker needed to execute this Contract. A copy of these prevailing wage rates may be obtained via the internet at www.dir.ca.gov/dlsr/. In addition, a copy of the prevailing rate of per diem wages is available at the Agency and shall be made available to interested parties upon request. The successful Bidder shall post a copy of the prevailing wage rates at each job site. It shall be mandatory upon the Bidder to whom the Contract is awarded, and upon any Subcontractors, to comply with all Labor Code provisions, which include but are not limited to the payment of not less than the specified prevailing wage rates to all workers employed by them in the execution of the Contract, employment of apprentices, hours of labor and debarment of contractors and subcontractors. Pursuant to Labor Code Sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. If awarded the Contract, the Bidder and its Subcontractors, of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the Project. This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. In bidding on this Project, it shall be the Bidder’s sole responsibility to evaluate and include the cost of complying with all labor compliance requirements under the Contract and applicable law in its Bid. 00 21 10 INSTRUCTIONS TO BIDDERS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 13 of 308 To this end, Bidder shall sign and submit with its Bid the Public Works Contractor Registration Certification on the form provided, attesting to the facts contained in the registration certificate. Failure to submit this certificate may render the Bid non-responsive. In addition, each Bidder shall provide the registration number for each listed Subcontractor in the space provided in the Proposed Subcontractors Form (00 43 30). 22. PREVAILING WAGES. Pursuant to Labor Code Sections 1720, et. seq. and 1770, et. seq., Contractor shall pay prevailing wages for all Work performed under the Contract. The Agency has obtained from the Director of the Department of Industrial Relations the general prevailing rate of per diem wages in the locality in which the Work will be performed for each craft or type of worker needed to execute the Contract. These rates are available at the Agency or may be obtained online at http://www.dir.ca.gov. Bidders are advised that a copy of these rates must be posted by the successful Bidder at the job site(s). 23. DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS. In accordance with the provisions of the Labor Code, contractors or subcontractors may not perform work on a public works project with a subcontractor who is ineligible to perform work on a public project pursuant to Labor Code Section 1777.1 or 1777.7. Any contract on a public works project executed between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract. Any public money that is paid to a debarred subcontractor by the Contractor for the Project shall be returned to the Agency. The Contractor shall be responsible for the payment of wages to workers of a debarred Subcontractor who has been allowed to work on the Project. The Agency may disqualify a Contractor or Subcontractor from participating in bidding when a Contractor or Subcontractor has been debarred by the Agency or another jurisdiction in the State of California as an irresponsible bidder. 24. SIGNING OF BIDS. All Bids submitted shall be executed by the Bidder or its authorized representative. Bidders may be asked to provide evidence in the form of an authenticated resolution of its Board of Directors or a Power of Attorney evidencing the capacity of the person signing the Bid to bind the Bidder to each Bid and to any Contract arising therefrom. If a Bidder is a joint venture or partnership, it may be asked to submit an authenticated Power of Attorney executed by each joint venturer or partner appointing and designating one of the joint venturers or partners as a management sponsor to execute the Bid on behalf of Bidder. Only that joint venturer or partner shall execute the Bid. The Power of Attorney shall also: (1) authorize that particular joint venturer or partner to act for and bind Bidder in all matters relating to the Bid; and (2) provide that each venturer or partner shall be jointly and severally liable for any and all of the duties and obligations that the Bidder assumes under the Bid and under any Contract 00 21 10 INSTRUCTIONS TO BIDDERS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 14 of 308 arising therefrom. The Bid shall be executed by the designated joint venturer or partner on behalf of the joint venture or partnership in its legal name. 25. SUBMISSION OF SEALED BIDS. Once the Bid and supporting documents have been completed and signed as set forth in these Instructions to Bidders, they shall be uploaded, along with other required materials, to the online bidding portal before the deadline for submitting bids. At the time of Bid submission, whether in the form of a cashier’s check, a properly certified check or an approved corporate surety bond payable to the Agency, Bidders must upload an electronic Portable Document Format (PDF) copy of the Bid Guarantee to the online bidding portal. The first 3 apparent low Bidders must provide the Agency with the original Bid Guarantee within 2 Business Days after the Bid opening date. Failure to submit the electronic version of the Bid Guarantee at time of bid submission shall cause the bid to be rejected and deemed non-responsive. Failure to provide the original within 2 business days may deem the bidder non-responsive. Original Bid Bond shall be submitted to: Public Works Contract Administration Attention: Janean Hawney, Contract Administrator 1635 Faraday Avenue Carlsbad, California, 92008 No oral or telephonic Bids will be considered. Pursuant to Public Contract Code Sections 1600 and 1601, only where expressly permitted in these Instructions to Bidders and the Notice Inviting Bids may Bidders submit their Bids via electronic transmission (the online bidding portal). Bids received after the Bid Submission Deadline will not be accepted. Agency may reject any Bid not strictly complying with Agency’s designated methods for delivery. 26. OPENING OF BIDS. Bids submitted on the online bidding portal will be reviewed by the Agency. Once the Bid Submission Deadline has passed, Bidders, proposers, the general public, and Agency staff are able to immediately see the results online. Agency shall consider award of the Contract to the lowest, responsive, responsible Bidder as determined by the Agency consistent with Section 32 below. In case of a discrepancy between the line item entries submitted in the online bidding portal and the Bid Form, the online bidding portal shall prevail. In the event of any discrepancies, written numbers (e.g., fifty, hundred) will govern over numerical numbers (e.g., 50, 100) on the Bid Form. In the event of any discrepancies, written numbers (e.g., fifty, hundred) will govern over numerical numbers (e.g., 50, 100) on the Price Proposal Form. Also, the sum of all lump sum line items will govern over the “Total Proposed Lump Sum Price” line item. The Agency may reject any or all Bids or waive any irregularities or informalities in any Bids or in the Bidding process. 00 21 10 INSTRUCTIONS TO BIDDERS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 15 of 308 The Bid and the terms of the Contract Documents constitute an irrevocable offer that shall remain valid and in full force for a period of 90 Calendar Days from the Bid Submission Deadline and such additional time as may be mutually agreed upon by the Agency and the Bidder. 27. WITHDRAWAL OF BID. Any Bid may be withdrawn via written letter, incurring no penalty, at any time before the scheduled closing time for receipt of Bids. Requests to withdraw Bids shall be worded to not reveal the amount of the original Bid. Withdrawn Bids may be resubmitted until the Bid Submission Deadline, provided that resubmitted Bids are in conformance with these Instructions to Bidders. Bids may be withdrawn after bid opening only by providing written notice to Agency within five (5) Working Days of the bid opening and in compliance with Public Contract Code Section 5100 et seq., or as otherwise may be allowed with the consent of the Agency. 28. BIDDERS INTERESTED IN MORE THAN ONE BID. No Bidder shall be allowed to make, file or be interested in more than 1 Bid for the same work unless alternate Bids are specifically called for. If the Notice Inviting Bids provides for alternate Bids, a person, firm or corporation that has submitted a sub-proposal to a Bidder, or that has quoted prices of materials to a Bidder, is not disqualified from submitting a sub-proposal or quoting prices to other Bidders. No person, firm, corporation, or other entity may submit a sub- proposal to a Bidder, or quote prices of materials to a Bidder, when also submitting a prime Bid on the same Project. 29. SALES AND OTHER APPLICABLE TAXES, PERMITS, LICENSES, AND FEES. Contractor and its Subcontractors performing work under the Contract will be required to pay California sales tax and other applicable taxes, and to pay for permits, licenses and fees required by the agencies with authority in the jurisdiction in which the Work will be located, unless otherwise expressly provided by the Contract Documents. 30. PERMIT AND INSPECTION FEE ALLOWANCE. Notwithstanding anything contained in these Instructions to Bidders, the Bid Form contains an allowance for the Contractor’s cost of acquiring traffic control permits and for construction inspection fees that may be charged to the Contractor by the Agency. The allowance is included within the Bid Form to eliminate the need by Bidders to research or estimate the costs of traffic control permits and construction inspection fees before submitting a Bid. The allowance is specifically intended to account for the costs of traffic control permits and construction inspection fees charged by the Agency. No other costs payable by Contractor to the Agency are included within the allowance. If such cost is not contained or specified in the Bid Form, the Contractor shall include the costs in the other Bid items on the Bid Form. 00 21 10 INSTRUCTIONS TO BIDDERS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 16 of 308 31. BASIS OF AWARD; BALANCED BID. The Agency shall award the Contract to the lowest responsible Bidder submitting a responsive Bid. The lowest Bid will be determined on the basis of the total Bid price. In the event of any discrepancies, written numbers (e.g., fifty, hundred) will govern over numerical numbers (e.g., 50, 100) on the Price Proposal Form. Also, the sum of all lump sum line items will govern over the “Total Proposed Lump Sum Price” line item. The Agency may reject any Bid which, in its opinion when compared to other Bids received or to the Agency’s internal estimates, does not accurately reflect the cost to perform the Work. The Agency may reject as non-responsive any Bid which unevenly weights or allocates costs, including but not limited to overhead and profit to 1 or more particular Bid items or otherwise violates Public Contract Code Section 9203. 32. AWARD PROCESS. Once all Bids are opened and reviewed to determine the lowest responsive and responsible Bidder, the Board may award the Contract. Once notified by Agency staff, the apparent successful Bidder should begin to prepare the following documents: (1) the Labor and Materials Bond; (2) the Performance and Warranty Bond; and (3) the required insurance certificates and endorsements. Once the Agency notifies the Bidder of the award, the Bidder will have 10 Working Days from the date of this notification to execute the Contract and supply the Agency with all of the required documents and certifications or the Bidder may forfeit the Bid security and the Agency may pursue award of the Contract to the next lowest, responsive, responsible Bidder. Once the Agency receives all properly drafted and executed documents and certifications from the Bidder, the Agency shall issue a Notice to Proceed to that Bidder. 33. EXECUTION OF CONTRACT. As required in these Instructions to Bidders, the Bidder to whom an award is made shall execute the Contract in the amount determined by the Contract Documents. The Agency may require appropriate evidence that the persons executing the Contract are duly empowered to do so. The Contract and bond forms to be executed by the successful Bidder are included within these Specifications and shall not be detached. 34. BUSINESS LICENSE The prime Contractor and all Subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the Contract. 35. PARTICIPATION OF MINORITY AND WOMEN-OWNED BUSINESSES. The Agency encourages the participation of minority and women-owned businesses. 36. USE OF RECYCLED MATERIALS The Agency encourages Bidders, suppliers, manufacturers, fabricators and contractors to utilize recycled and recyclable materials when available, appropriate and approved by the Agency’s Engineer. 00 21 10 INSTRUCTIONS TO BIDDERS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 17 of 308 37. STATUTORY REFERENCES All references in these Instructions to Bidders (00 21 10) to any statute, rule or regulation are to the statute, rule or regulation as amended, modified, supplemented or replaced from time to time by the corresponding legislative or regulatory body. END OF SECTION 00 41 10 BID FORM Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 18 of 308 00 41 00 BID FORM NAME OF PROJECT: Calavera Hills Community Center Refurbishment CONTRACT NO.: PWS24-2283FAC NAME OF BIDDER: AGENCY: City of Carlsbad 1635 Faraday Ave Carlsbad, CA 92008 The undersigned declares that we have carefully examined the location of the proposed Work, and have read and examined the Contract Documents, including all Plans, Specifications, and Addenda, if any, for the above-mentioned Project. The undersigned has acknowledged receipt, understanding, and full consideration of ANY and ALL Addenda to the Contract Documents via the online bidding portal. We propose to furnish all labor, materials, equipment, tools, transportation, and services, and to discharge all duties and obligations necessary and required to perform and complete the Project, as described and in strict conformity with the Drawings, and these Specifications for TOTAL BID PRICE. Attached is the required Bid Bond (00 43 10) or Bid Security (00 43 20) in the amount of not less than 10% of the Total Bid Price. Attached is the completed Proposed Subcontractors form (00 43 30). Attached is the completed Bidder Information and Experience form (00 45 40) Attached is the fully executed Non-collusion Affidavit (00 45 10). Attached is the completed Iran Contracting Act Certification form (00 45 15). Attached is the completed Public Works Contractor Registration Certification form (00 45 20). Attached is the completed Certificate of Insurance form (00 45 25). Attached is the Statement of Regarding Debarment form (00 45 30) Attached is the Disclosure of Discipline Record (00 45 35) Attached is the Optional Escrow Agreement (if applicable) (00 61 30) 00 41 10 BID FORM Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 19 of 308 1. BID SCHEDULE Section Item Description Units Quantity Unit Value Total Value Schedule A Mobilization (See Contract Section 7-3.4) LS N/A N/A Schedule A General Provisions LS N/A N/A Schedule A Division 1; General Requirements LS N/A N/A Schedule A Division 2; Existing Conditions LS N/A N/A Schedule A Division 7; Thermal and Moisture Protection LS N/A N/A Schedule A Division 9; Finishes LS N/A N/A Schedule A Division 11; Equipment LS N/A N/A Schedule A Punchlist Completion LS N/A N/A $15,000 Schedule A 25-year and 30- year City Roof Warranty and Maintenance Forms Per Attachment C (City Form), for three roof types LS N/A N/A $10,000 00 41 10 BID FORM Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 20 of 308 Schedule A Allowance for square feet of roof sheathing that requires replacement, with all associated work to access and replace with new materials for construction to restore completed roof construction should replacement be required SF 900 Schedule A Allowance for percentage of roof drains that requires replacement, with all associated work to access and replace with new materials for construction Each 4 The costs for any Work shown or required in the Contract Documents, but not specifically identified as a line item are to be included in the related line items and no additional compensation shall be due to Contractor for the performance of the Work. The estimated quantities for Unit Price items are for purposes of comparing Bids only and the Agency makes no representation that the actual quantities of Work performed will not vary from the estimates. Final payment shall be determined by the Engineer from measured quantities of Work performed based upon the Unit Price. 00 41 10 BID FORM Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 21 of 308 2. TOTAL BID PRICE The undersigned agrees that this Bid Form constitutes a firm offer to the Agency which cannot be withdrawn for ninety (90) Calendar Days from and after the Bid opening, or until a Contract for the Work is fully executed by the Agency and the lowest responsible Bidder, whichever is later. The Undersigned has carefully checked all the above figures and understands that the Agency will not be responsible for any error or omission on the part of the Undersigned in preparing this Bid. 3. RECITALS The successful Bidder agrees to sign the Contract and furnish the necessary bonds and certificates of insurance within 10 Working Days after the Agency issues the Notice of Award to the successful Bidder. The Undersigned agrees that in case of failure to execute the required Contract with necessary bonds and insurance policies within this time period, the Agency may pursue awarding the Contract to the next lowest responsible Bidder and the Bid Security of the lowest Bidder may be forfeited. Upon receipt of the signed Contract and other required documents, the Agency will proceed to execute the Contract and issue a purchase order and the Notice to Proceed. The time of completion shall commence on the date of the Notice to Proceed, unless otherwise specified. The undersigned agrees to begin the Work within 10 Working Days of the date of the Notice to Proceed, unless otherwise specified. The Undersigned is aware of the provisions of Labor Code Section 3700, 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 Labor Code Section 1770 et The TOTAL BID PRICE on Bid Schedule total of Unit Prices: Total Bid Price in Numbers: Total Bid Price in Written Form: In case of discrepancy between the written price, the numerical price, or the price as submitted via the online bidding portal, the online bidding portal price shall prevail. 00 41 10 BID FORM Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 22 of 308 seq. 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. 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 and that this statement is true and correct and has the legal effect of an affidavit. The following are the Bidder’s applicable license number(s), with their expiration date(s) and class of license(s): ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ If the Bidder is a joint venture, each member of the joint venture must include the required licensing information. A Bid submitted to the Agency 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 Agency. In all contracts where federal funds are involved, no Bid submitted shall be invalidated by the failure of the Bidder to be licensed in accordance with California law. However, at the time the Contract is awarded, the Contractor shall be properly licensed. The Undersigned Bidder represents as follows: 1. That no elected or appointed official, officer, agent, or employee of the Agency is personally interested, directly or indirectly, in this Contract, or the compensation to be paid under it; that no representation, oral or in writing, of the Agency, its officers, agents, or employees has induced Bidder to enter into this Contract, excepting only those contained in this form of Contract and the papers made a part of this Contract by its terms; and 2. That this Bid is made without connection with any person, firm, or corporation making a Bid for the same Work, and is in all respects fair and without collusion or fraud. Accompanying this Bid is _________________________________ (Cash, Certified Check, Bidder’s Bond or Cashier's Check) for 10% of the amount Bid, payable to Agency as Bid Security and which is given as a guarantee that the undersigned will enter into a Contract and provide the necessary bonds and certificates of insurance if awarded the Contract. Organized under the laws of the State of ________________________. an individual a partnership a corporation 00 41 10 BID FORM Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 23 of 308 IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: I certify under penalty of perjury under the laws of the State of California that all of the information submitted in connection with this Bid and all of the representations made in this Bid are true and correct. 1 Name under which business is conducted ______________________________________________________ 2 Signature (given and surname) of proprietor Printed/Typed Name ______________________________________________________ ______________________________________________________ 3 Place of Business (Full Address: street, number, city, state, zip) ______________________________________________________ ______________________________________________________ ______________________________________________________ 4 Telephone Number ______________________________________________________ 5 Email ______________________________________________________ NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED 00 41 10 BID FORM Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 24 of 308 IF A PARTNERSHIP, SIGN HERE: I certify under penalty of perjury under the laws of the State of California that all of the information submitted in connection with this Bid and all of the representations made in this Bid are true and correct. 1 Name under which business is conducted ______________________________________________________ 2 Signature (given and surname and role) (Note: Signature must be made by a general partner) Printed/Typed Name ______________________________________________________ ______________________________________________________ 3 Place of Business (Full Address: street, number, city, state, zip) ______________________________________________________ ______________________________________________________ ______________________________________________________ 4 Telephone Number ______________________________________________________ 5 Email ______________________________________________________ NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED 00 41 10 BID FORM Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 25 of 308 IF A CORPORATION, SIGN HERE: I certify under penalty of perjury under the laws of the State of California that all of the information submitted in connection with this Bid and all of the representations made in this Bid are true and correct. 1 Name under which business is conducted ______________________________________________________ 2 Signature (given and surname and Title) (Note: Signature must be made by a someone who can bind the corporation) Printed/Typed Name ______________________________________________________ ______________________________________________________ 3 Place of Business (Full Address: street, number, city, state, zip) ______________________________________________________ ______________________________________________________ ______________________________________________________ 4 Telephone Number ______________________________________________________ 5 Email ______________________________________________________ NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED 00 41 10 BID FORM Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 26 of 308 List below names of president, vice president, CFO, secretary and assistant secretary, if a corporation; if a partnership, list names of all general partners, and managing partners: Approved as to form this ___________________day of _____________________ 20_______. ______________________________________________ Attorney for Agency END OF SECTION 00 43 10 BID BOND FORM Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 27 of 308 00 43 10 BID BOND FORM (Note: This form is not required when other form of Bidder’s Security, e.g. cash, certified check or cashier’s check, accompanies Bid. In that case, use form 00 43 20 Bid Security) NAME OF PROJECT: Calavera Hills Community Center Refurbishment CONTRACT NO.: PWS24-2283FAC NAME OF BIDDER: The makers of this bond are, as Principal, and , as Surety and are held and firmly bound unto the City of Carlsbad (“Agency”) in the penal sum of 10% OF THE TOTAL BID PRICE of the Principal submitted to the Agency for the Work described below, for the payment of which sum in lawful money of the United States, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has submitted the accompanying Bid dated . If the Principal does not withdraw its Bid within the time specified in the Contract Documents; and if the Principal provides all required documents to the Agency and is awarded the Contract; then this obligation shall be null and void. Otherwise, this bond will remain in full force and effect. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents shall affect its obligation under this bond, and Surety waives notice of any such changes. In the event a lawsuit is brought upon this bond by the Agency and judgment is recovered, the Surety shall pay all litigation expenses incurred by the Agency in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and expenses. /// /// /// /// /// 00 43 10 BID BOND FORM Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 28 of 308 IN WITNESS WHEREOF, the above-bound parties have executed this instrument under their several seals this_____________ day of _____________________________, 20______, the name and corporate seal of each corporation. PRINCIPAL: ___________________________________ (Name of Principal) By: ___________________________________ (sign here) ___________________________________ (Print name here) ___________________________________ (Title and Organization of Signatory) Executed by SURETY this ______day of ________________, 20____ SURETY: _____________________________________ (name of Surety) _____________________________________ (address of Surety) _____________________________________ (telephone number of Surety) By: _____________________________________ (signature of Attorney-in-Fact) _____________________________________ (printed name of Attorney-in-Fact) Required Attachments: Corporate resolution showing current power of attorney. Proper execution by PRINCIPAL. Proper notarial acknowledgment of execution by SURETY. President or vice-president and CFO, secretary or assistant secretary must sign for corporations. If only 1 officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation. END OF SECTION 00 43 20 BID SECURITY Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 29 of 308 00 43 20 BID SECURITY (Note: This form is required when cash, certified check or cashier’s check, accompanies Bid. If Bid Bond is being provided, use form 00 43 10 Bid Bond) NAME OF PROJECT: Calavera Hills Community Center Refurbishment NAME OF BIDDER: Accompanying this proposal is a Certified / Cashier’s check payable to the order of the City of Carlsbad (“Agency”), in the sum of dollars ($___________________), this amount being 10% of the total amount of the Bid. The proceeds of this check shall become the property of the Agency, provided this proposal shall be accepted by the Agency 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 Agency if the Undersigned shall withdraw his or her Bid within the period of 15 Calendar Days after the date set for the opening of the Bid, unless otherwise required by law, and notwithstanding the award of the Contract to another Bidder. _______________________________________ BIDDER Required Attachments: Certified Check or Cashier’s Check END OF SECTION 00 43 30 PROPOSED SUBCONTRACTORS FORM Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 30 of 308 00 43 30 PROPOSED SUBCONTRACTORS FORM NAME OF PROJECT: Calavera Hills Community Center Refurbishment NAME OF BIDDER: In compliance with the Subletting and Subcontracting Fair Practices Act (Public Contract Code Section 4100 et seq.), Bidder shall set forth below: (a) the name and the location of the place of business, (b) the California contractor license number, (c) the DIR public works contractor registration number, and (d) the portion of the Work which will be done by each Subcontractor who will perform work or labor or render service to the Bidder in or about the construction of the Work or improvement to be performed under this Contract in an amount in excess of one- half of one percent (0.5%) of the Bidder’s Total Bid Price. Notwithstanding the foregoing, if the Work involves the construction of streets and highways, then the Bidder shall list each Subcontractor who will perform work or labor or render service to the Bidder in or about the Work in an amount in excess of one-half of one percent (0.5%) of the Bidder’s Total Bid Price or $10,000, whichever is greater. No additional time shall be granted to provide the below requested information. If a Bidder fails to specify a Subcontractor or if a Contractor specifies more than one Subcontractor for the same portion of Work, then the Bidder shall be deemed to have agreed that it is fully qualified to perform that portion of Work and that it shall perform that portion itself. No changes in the Subcontractor’s listed Work will be made without the prior approval of the Agency. Attach additional pages as required. (Signature of Bidder) 00 43 30 PROPOSED SUBCONTRACTORS FORM Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 31 of 308 Name of Subcontractor Location of Business CSLB Contractor License No./ Exp Date DIR Registration Number / Exp. Date Type of Work to be done by Subcontractor % of Work Amount of Work by Subcontractor in Dollars* Pursuant to Public Contract Code Section 4104, subdivision (a)(3)(A), 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.” END OF SECTION 00 43 40 BIDDER INFORMATION AND EXPERIENCE FORM Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 32 of 308 00 43 40 BIDDER INFORMATION AND EXPERIENCE FORM NAME OF PROJECT: Calavera Hills Community Center Refurbishment CONTRACT NO.: PWS24-2283FAC NAME OF BIDDER: 1. INFORMATION ABOUT BIDDER (Indicate not applicable (“N/A”) where appropriate.) NOTE: Where Bidder is a joint venture, pages shall be duplicated, and information provided for all parties to the joint venture. 1. Type, if Entity: 2. Bidder Address: a. Facsimile Number b. Telephone Number c. Email Address 3. How many years has Bidder’s organization been in business as a contractor? 4. How many years has Bidder’s organization been in business under its present name? a. Under what other or former names has Bidder’s organization operated? 5. If Bidder’s organization is a corporation, answer the following: a. Date of Incorporation: b. State of Incorporation: c. President’s Name: d. Vice-President’s Name(s): e. Secretary’s Name: f. Treasurer’s Name: g. CFO’s Name: 00 43 40 BIDDER INFORMATION AND EXPERIENCE FORM Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 33 of 308 6. If an individual or a partnership, answer the following: a. Date of Organization: b. Name and address of all partners (state whether general or limited partnership): 7. If other than a corporation or partnership, describe organization and name principals: 8. List other states in which Bidder’s organization is legally qualified to do business. 9. What type of work does the Bidder normally perform with its own forces? 10. Has Bidder ever failed to complete any work awarded to it? If so, note when, where, and why: 11. Within the last 5 years, has any officer or partner of Bidder’s organization ever been an officer or partner of another organization when it failed to complete a contract? If so, attach a separate sheet of explanation: 12. List Trade References: Name Company Phone Number 13. List Bank References (Bank and Branch Address): 14. Name of Bonding Company and Name and Address of Agent: 00 43 40 BIDDER INFORMATION AND EXPERIENCE FORM Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 34 of 308 2. LIST OF CURRENT PROJECTS (BACKLOG) [**Duplicate or attach additional pages if needed for listing current projects.**] Project Name Sub or Prime? Description of Bidder’s Work Client Name Completion Date Cost of Bidder’s Work 00 43 40 BIDDER INFORMATION AND EXPERIENCE FORM Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 35 of 308 LIST OF COMPLETED PROJECTS (LAST 3 YEARS) [**Duplicate or attach additional pages if needed for listing completed projects. **] Please include only those projects which are similar enough to demonstrate Bidder’s ability to perform the required Work. Project Name Sub or Prime? Description of Bidder’s Work Client Name Completion Date Cost of Bidder’s Work 00 43 40 BIDDER INFORMATION AND EXPERIENCE FORM Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 36 of 308 EXPERIENCE AND TECHNICAL QUALIFICATIONS QUESTIONNAIRE Personnel: The Bidder shall identify the key personnel to be assigned to this Project in a management, construction supervision or engineering capacity. Add additional pages to identify ALL key personnel. Bidder may submit a 2-page resume of each key personnel mentioned above. Bidder agrees that personnel named in this Bid will remain on this Project until completion of all relevant Work, unless substituted by personnel of equivalent experience and qualifications approved in advance by the Agency. Job Title Name % time on this Project Specialized Education Years of construction experience relevant to the Project Summarize the experience 00 43 40 BIDDER INFORMATION AND EXPERIENCE FORM Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 37 of 308 Additional Bidder’s Statements: If the Bidder feels that there is additional information which has not been included in the questionnaire above, and which would contribute to the qualification review, it may add that information in a statement here or on an attached sheet, appropriately marked: 00 43 40 BIDDER INFORMATION AND EXPERIENCE FORM Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 38 of 308 3. VERIFICATION AND EXECUTION These Bid Forms shall be executed only by a duly authorized official of the Bidder: I declare under penalty of perjury under the laws of the State of California that the foregoing information is true and correct: Name of Bidder: Signature ________________________________________________________________ Name ______________________________________________________________________ Title ______________________________________________________________________ Date ______________________________________________________________________ END OF SECTION 00 45 10 NON-COLLUSION AFFIDAVIT Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 39 of 308 00 45 10 NON-COLLUSION AFFIDAVIT NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID NAME OF PROJECT: Calavera Hills Community Center Refurbishment NAME OF BIDDER: Consistent with Public Contract Code Section 7106, the undersigned declares: I am the of , the party making the foregoing Bid. The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The Bid is genuine and not collusive or sham. The Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham bid, or to refrain from bidding. The Bidder has not in any manner, directly or indirectly, sought by agreement, 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. All statements contained in the Bid are true. The Bidder has not, directly or indirectly, submitted his or her Bid Price or any breakdown of it, or the contents of it, or divulged information or data relative to it, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent of these, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a Bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, represents that he or she has full power to execute, and does execute, this declaration on behalf of the Bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed ________________ 20 ____ at _______________ [city], _____ [state]. Signature Name _________________________________ Title END OF SECTION 00 45 15 IRAN CONTRACTING ACT CERTIFICATION Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 40 of 308 00 45 15 IRAN CONTRACTING ACT CERTIFICATION NAME OF PROJECT: Calavera Hills Community Center Refurbishment NAME OF BIDDER: As required by Public Contract Code Section 2204, the Contractor certifies subject to penalty of perjury that the option checked below relating to the Contractor’s status in regard to the Iran Contracting Act of 2010 (Public Contract Code Section 2200 et seq.) is true and correct: The Contractor is not: 1) identified on the current list of persons and entities engaged in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203; or 2) a financial instruction that extends, for 45 days or more, credit in the amount of $20,000,000 or more to any other person or entity identified on the current list of persons and entities engaging in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203, if that person or entity uses or will use the credit to provide goods or services in the energy sector in Iran. The Agency has exempted the Contractor from the requirements of the Iran Contracting Act of 2010 after making a public finding that, absent the exemption, the Agency will be unable to obtain the goods and/or services to be provided pursuant to the Contract. The amount of the Contract payable to the Contractor for the Project does not exceed $1,000,000. Signature: Date: Name: Title: Note: In accordance with Public Contract Code Section 2205, false certification of this form shall be reported to the California Attorney General and may result in civil penalties equal to the greater of $250,000 or twice the Contract amount, termination of the Contract and/or ineligibility to bid on contracts for 3 years. END OF SECTION 00 45 20 PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 41 of 308 00 45 20 PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION NAME OF PROJECT: Calavera Hills Community Center Refurbishment NAME OF BIDDER: Pursuant to Labor Code Sections 1725.5 and 1771.1, all Contractors and Subcontractors that wish to Bid on, be listed in a Bid proposal, or enter into a Contract to perform public work must be registered with the Department of Industrial Relations. See Public Works (ca.gov) for additional information. No Bid will be accepted, nor any Contract entered into without proof of the Contractor’s and Subcontractors’ current registration with the Department of Industrial Relations to perform public work. Bidder certifies that it is aware of the registration requirements set forth in Labor Code Sections 1725.5 and 1771.1 and is currently registered as a Contractor with the Department of Industrial Relations. Name of Bidder: DIR Registration Number: DIR Registration Expiration: Bidder further certifies: 1. Bidder shall maintain a current DIR registration for the duration of the Project. 2. Bidder shall include the requirements of Labor Code Sections 1725.5 and 1771.1 in its Contract with Subcontractors and ensure that all Subcontractors are registered at the time of Bid opening and maintain registration status for the duration of the Project. 3. Failure to submit this form or comply with any of the above requirements may result in a finding that the Bid is non-responsive. Signature: Date: Name: Title: END OF SECTION 00 45 25 CERTIFICATE OF INSURANCE Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 42 of 308 00 45 25 CERTIFICATE OF INSURANCE NAME OF PROJECT: Calavera Hills Community Center Refurbishment NAME OF BIDDER: Bidder must attach either of the following to this page. Certificates of insurance showing conformance with the requirements for each of: a. Comprehensive General Liability b. Automobile Liability c. Workers Compensation d. Employer’s Liability 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 the required policies of insurance for Comprehensive General Liability, Automobile Liability, Workers Compensation and Employer’s Liability in conformance and the required Certificates of insurance to the Agency. END OF SECTION 00 45 30 STATEMENT REGARDING DEBARMENT Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 43 of 308 00 45 30 STATEMENT REGARDING DEBARMENT NAME OF PROJECT: Calavera Hills Community Center Refurbishment NAME OF BIDDER: 1. Have you or any of your Subcontractors ever been debarred as an irresponsible Bidder by another public agency in the State of California? YES NO 2. If yes, what was/were the name(s) of the public agency(ies) and what was/were the period(s) of debarment(s)? Attach additional copies of this page to accommodate more than 2 debarments. __________________________________ party debarred __________________________________ public agency __________________________________ period of debarment ___________________________________ party debarred ___________________________________ public agency ___________________________________ period of debarment BY CONTRACTOR: By: __________________________________ (sign here) ___________________________________ (print name/title) Page _____ of _____ pages of this Statement Regarding Debarment form END OF SECTION 00 45 35 DISCLOSURE OF DISCIPLINE RECORD Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 44 of 308 00 45 35 DISCLOSURE OF DISCIPLINE RECORD NAME OF PROJECT: Calavera Hills Community Center Refurbishment NAME OF BIDDER: 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 latent act or omission is filed within 4 years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a Contractor may be referred to the Registrar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826. 1. Have you ever had your contractor’s license suspended or revoked by the California Contractors’ State license Board 2 or more times within an 8-year period? YES NO 2. Has the suspension or revocation of your contractor’s license ever been stayed? YES NO N/A 3. Have any Subcontractors that you propose to perform any portion of the Work ever had their contractor’s license suspended or revoked by the California Contractors’ State License Board 2 or more times within an 8-year period? YES NO 4. Has the suspension or revocation of the license of any Subcontractors that you propose to perform any portion of the Work ever been stayed? YES NO N/A 00 45 35 DISCLOSURE OF DISCIPLINE RECORD Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 45 of 308 5. If the answer to either of 1 or 3 above is “yes,” fully identify, in each and every case, the party disciplined, the date of and violation that the disciplinary action pertains to, the nature of the violation and disciplinary action taken. (If needed attach additional sheets to provide full disclosure.) 6. If the answer to either of 2 or 4 above is “yes,” fully identify, in each and every case, the party whose discipline was stayed, the date of and the violation that the disciplinary action pertains to, 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: By: __________________________________ (sign here) __________________________________ (print name and title) END OF SECTION 00 52 00 CONTRACT Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 46 of 308 00 52 00 CONTRACT This Project No. 4746 (“Contract”) is made and entered into this ____________ day of ________________________________, 20___, by and between the City of Carlsbad, California, a California municipal corporation (“Agency”) and ____________________________________ (“Contractor”), whose principal place of business is _______________________________________________________. The parties agree: 1. SCOPE OF WORK. The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all the Work required in strict compliance with the Contract Documents for the following Project: NAME OF PROJECT: Calavera Hills Community Center Refurbishment The Contractor and its surety shall be liable to the Agency for any damages arising as a result of the Contractor’s failure to comply with the obligation described in this Section 1. 2. TIME OF COMPLETION. Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the Agency’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within eighty (80) Working Days from the commencement date stated in the Notice to Proceed. Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work. 3. CONTRACT PRICE. The Agency shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions made in accordance with the Contract Documents, and including all applicable taxes and costs, the sum of ___________________________________ Dollars ($ _____________________________). Payment shall be made as set forth in the General Conditions. The Engineer will close the estimate of work completed for progress payments on the last working day of each month. The Agency shall withhold retention as required by Public Contract Code Section 9203. 4. LIQUIDATED DAMAGES. In accordance with Government Code Section 53069.85, it is agreed that the Contractor will pay the Agency the sum set forth in Section 00 73 00 Supplemental General Provisions for each and every Calendar Day of delay beyond the time of completion prescribed in this Contract as Liquidated Damages and not as a penalty or forfeiture. If this sum is not paid, the Contractor agrees the Agency may deduct that amount from any money due or that may become due the 00 52 00 CONTRACT Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 47 of 308 Contractor under the Contract. This Section does not exclude recovery of other damages specified in the Contract Documents. 5. CONTRACT DOCUMENTS. The “Contract Documents” include the following: ● 00 11 10 Notice Inviting Bids ● 00 21 10 Instructions to Bidders ● 00 41 00 Bid Form ● 00 42 10 Bid Bond or 00 43 20 Bid Security ● 00 43 30 Proposed Subcontractors ● 00 43 40 Bidder Information and Experience ● 00 45 10 Non-Collusion Affidavit ● 00 45 15 Iran Contracting Act Certification ● 00 45 20 Public Works Contractor Registration Certification ● 00 45 30 Statement of Regarding Debarment ● 00 45 35 Disclosure of Discipline Record ● 00 52 10 Contract ● 00 61 10 Labor and Materials Bond ● 00 61 20 Faithful Performance and Warranty Bond ● 00 61 30 Optional Escrow Agreement (if applicable) ● 00 73 00 Supplemental General Provisions ● Technical Specifications for the Project ● All Addenda ● Plans and Drawings ● Permits ● 00 74 00 Supplemental Technical Provisions ● “Standard Specifications and Drawings,” as last revised ● Standard Specifications for Public Works Construction “Greenbook,” latest edition and including all errata o Part 1 General Provisions o Part 2 to Part 8 (Construction Materials, Construction Methods, Existing Improvements, Pipeline System Rehabilitation, Temporary Traffic Control, Street Lighting and Traffic Signal Systems, Landscaping and Irrigation) ● Standard Plans for Public Works Construction, latest edition and including all errata ● Applicable Local Agency Standards and Specifications, as last revised ● Approved and fully executed change orders 00 52 00 CONTRACT Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 48 of 308 ● Any other documents contained in or incorporated by reference into the Contract Documents The Contractor shall complete the Work in strict accordance with the Contract Documents. The requirements of the various sections or documents comprising the Contract Documents are intended to be complementary. Work required by 1 of the Contract Documents and not by others shall be done as if required by all. This Contract shall supersede any prior agreement of the parties. 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE. Every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the Labor Code and Public Contract Code which are applicable to the Work. 7. INDEMNIFICATION. Contractor shall provide indemnification and defense as set forth in the 00 73 00 Agency Supplemental General Provisions. 8. PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates may be obtained online at http://www.dir.ca.gov and which must be posted at the job site. /// /// /// /// /// /// 00 52 00 CONTRACT Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 49 of 308 NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED (CORPORATE SEAL) CONTRACTOR City of Carlsbad, California, a California municipal corporation By: By: (sign here) Keith Blackburn, Mayor (print name/title) ATTEST: By: (sign here) for Sherry Freisinger, City Clerk (print name/title) If required by the Agency, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, the Contract must be signed by 1 corporate officer from each of the following 2 groups. Group A Group B Chairman, Secretary, President, or Assistant Secretary, Vice-President CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CINDIE K. McMAHON, City Attorney BY: _____________________________ Deputy City Attorney 00 61 10 LABOR AND MATERIALS BOND Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 50 of 308 00 61 10 LABOR AND MATERIALS BOND KNOW ALL PERSONS BY THESE PRESENTS THAT: WHEREAS, the City of Carlsbad ( “Agency”) has awarded to (“Principal,”) a Contract for the Work described as follows: Contract No PWS24-2283FAC Project No. 4746 Name of Project: Calavera Hills Community Center Refurbishment (the “Project”) in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are incorporated by this reference; and WHEREAS, Principal is required to furnish a bond in connection with the Contract providing that if Principal or any of its Subcontractors fail to pay (1) for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the Work contracted to be done, (2) for any Work or labor of any kind performed under the Contract, (3) for amounts due under the Unemployment Insurance Code for any Work or labor of any kind performed under the Contract, or (4) for any amounts required to be deducted, withheld, and paid over to the Employment Development Department under Unemployment Insurance Code Section 13020 or to the Franchise Tax Board under Revenue and Taxation Code Section 18663 from the wages of employees of Principal and its Subcontractors with respect to the Work or labor, the Surety on this bond will pay for the same to the extent set forth below. NOW THEREFORE, we, Principal and , as Surety, are held and firmly bound unto the Agency in the penal sum of Dollars ($___________), for the payment of which sum being an amount equal to 100% of the total amount payable under the terms of the Contract by the Agency, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if Principal, or its Subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Civil Code Section 9100; fail to pay for any materials, provisions, provender, equipment, or other supplies, used in, upon, for or about the performance of the Work contracted to be done; fail to pay for any Work or labor of any kind performed under the Contract; fail to pay amounts due under the Unemployment Insurance Code for any Work or labor of any kind performed under the Contract; or fail to pay for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of Principal or its Subcontractors pursuant to Unemployment Insurance Code Section 13020 or Revenue and Taxation Code Section 18663, with respect to the Work or labor, then the Surety will pay for the same, in an amount not exceeding the penal sum specified above, and also, in case suit is brought upon this bond, all litigation expenses incurred by the Agency in the suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses to be fixed by the court consistent with Civil Code Section 9554. 00 61 10 LABOR AND MATERIALS BOND Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 51 of 308 This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100 so as to give a right of action to such persons or their assigns in any suit brought upon this bond. The Surety stipulates and agrees that this bond shall not be exonerated or released from the obligation of this bond by: 1. Any change, extension of time for performance, addition, alteration or modification in, to, or of any Contract, Plans, Specifications, or agreement pertaining or relating to any scheme or Work of improvement described above, or the furnishing of labor, materials, or equipment pertaining or relating to any scheme or Work of improvement described above. 2. Any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or Work of improvement described above. 3. Any rescission or attempted rescission or attempted rescission of the Contract, agreement or bond. 4. Any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such Contract or agreement or under the bond. 5. Any fraud practiced by any person other than the claimant seeking to recover on the bond. The Surety also stipulates and agrees that this bond shall be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit this bond has been given by reason of any breach of contract between the Agency and Principal or on the part of any obligee named in this bond. Finally, the Surety waives notice of any such change, extension of time, addition, alteration or modification mentioned in this bond, including but not limited to the provisions of Civil Code Sections 2819 and 2845. If Principal is an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this bond. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] 00 61 10 LABOR AND MATERIALS BOND Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 52 of 308 Executed by PRINCIPAL this _________ day of _______________________, 20____. PRINCIPAL: ____________________________________ (name of Contractor) By:_________________________________ (sign here) ____________________________________ (print name here) ____________________________________ (title and organization of signatory) Executed by SURETY this ____________ day of _______________________, 20____. SURETY: ____________________________________ (name of Surety) ____________________________________ (address of Surety) ____________________________________ (telephone number of Surety) By: ____________________________________ (signature of Attorney-in-Fact) ____________________________________ (printed name of Attorney-in-Fact) (attach corporate resolution showing current power of attorney) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only 1 officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: CINDIE K. McMAHON, City Attorney BY: _____________________________ Deputy City Attorney END OF SECTION 00 61 20 FAITHFUL PERFORMANCE AND WARRANTY BOND Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 53 of 308 00 61 20 FAITHFUL PERFORMANCE AND WARRANTY BOND KNOW ALL PERSONS BY THESE PRESENTS THAT: WHEREAS, the City of Carlsbad ( “Agency”) has awarded to ________________ (“Principal,”) a Contract for the Work described as follows: Contract No PWS24-2283FAC Project No.4746 Name of Project: Calavera Hills Community Center Refurbishment (the “Project”) in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are incorporated by this reference; and WHEREAS, the Work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated ____________, (“Contract Documents”), the terms and conditions of which are incorporated by reference; and WHEREAS, the Principal is required by the Contract Documents to perform the terms of them and to furnish a bond for the faithful performance and warranty of the Contract Documents. NOW THEREFORE, we, Principal, and ,as Surety, are held and firmly bound unto the Agency in the penal sum of dollars ($ ____________), which is equal to 100% of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if Principal, its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration of the Contract Documents made as provided in the Contract Documents, on its part, to be kept and performed at the time and in the manner specified in the Contract Documents, and in all respects according to their true intent and meaning; and shall indemnify and save harmless the Agency, its Board, members of the Board, officers, directors, managers, employees, agents, and authorized volunteers, as stipulated in the Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured by this bond and in addition to the face amount specified in this bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by Agency in enforcing such obligation, all to be taxed as costs and included in any judgment rendered. As a condition precedent to the satisfactory completion of the Work unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of 1 year after the acceptance of the Work by the Agency. During this 1-year period, if Contractor fails to make full, complete, and satisfactory repair and replacements and totally protect the Agency from loss or damage resulting from or caused by defective materials or faulty workmanship in connection with Contractor’s Work on the Project, the obligations of Surety under this bond shall continue 00 61 20 FAITHFUL PERFORMANCE AND WARRANTY BOND Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 54 of 308 so long as any obligation of Principal remains to the Agency. Nothing in this bond shall limit the Agency’s rights or the Principal’s or Surety’s obligations under the Contract, law or equity, including, but not limited to, Code of Civil Procedure Section 337.15. Whenever Principal shall be, and is declared by the Agency to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the Agency’s option: i. Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; ii. Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a contract between such bidder, the Surety and the Agency, and make available as Work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the Contract Price, including other costs and damages for which Surety may be liable. The term “balance of the Contract Price” as used in this paragraph shall mean the total amount payable to Principal by the Agency under the Contract and any modification to the Contract, less any amount previously paid by the Agency to the Principal and any other set offs pursuant to the Contract Documents. Or iii. Permit the Agency to complete the Project in any manner consistent with Applicable Law and make available as Work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the Contract Price, including other costs and damages for which Surety may be liable. The term “balance of the Contract Price” as used in this paragraph shall mean the total amount payable to Principal by the Agency under the Contract and any modification to the Contract, less any amount previously paid by the Agency to the Principal and any other set offs pursuant to the Contract Documents. Surety expressly agrees that the Agency may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Principal. Surety shall not utilize Principal in completing the Project, nor shall Surety accept a bid from Principal for completion of the Project, if the Agency, when declaring the Principal in default, notifies Surety of the Agency’s objection to Principal’s further participation in the completion of the Project. The Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed under the Contract Documents shall in any way affect Surety’s obligations on this bond, and Surety waives notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project. 00 61 20 FAITHFUL PERFORMANCE AND WARRANTY BOND Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 55 of 308 If Principal is an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this bond. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] 00 61 20 FAITHFUL PERFORMANCE AND WARRANTY BOND Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 56 of 308 Executed by PRINCIPAL this _________ day of ________________________, 20___. PRINCIPAL: ____________________________________ (name of Contractor) By:_________________________________ (sign here) ____________________________________ (print name here) ____________________________________ (title and organization of signatory) Executed by SURETY this ____________ day of ________________________, 20___. SURETY: ____________________________________ (name of Surety) ____________________________________ (address of Surety) ____________________________________ (telephone number of Surety) By: _________________________________ (signature of Attorney-in-Fact) ____________________________________ (printed name of Attorney-in-Fact) (attach corporate resolution showing current power of attorney) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only 1 officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: CINDIE K. McMAHON, City Attorney BY: _____________________________ Deputy City Attorney END OF SECTION 00 61 30 OPTIONAL ESCROW AGREEMENT Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 57 of 308 00 61 30 OPTIONAL ESCROW AGREEMENT NAME OF PROJECT: Calavera Hills Community Center Refurbishment NAME OF BIDDER: This Escrow Agreement is made and entered into by and between the 1200 Carlsbad Village Drive, Carlsbad, California, 92008 ("Agency"), whose address is ("Contractor") and whose address is ("Escrow Agent"). Agency, Contractor and Escrow Agent agree as follows: 1. Pursuant Public Contract Code Section 22300, Contractor has the option to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by Agency pursuant to the construction contract entered into between Agency and Contractor for the Calavera Hills Community Center Refurbishment in the amount of ___________ dated __________ ("Contract"). Alternatively, on written request of Contractor, Agency shall make payments of the retention earnings directly to Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, Escrow Agent shall notify Agency within 10 Calendar Days of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the Contract. Securities shall be held in Agency’s name and shall designate Contractor as the beneficial owner. 2. Agency shall make progress payments to Contractor for those funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that Escrow Agent holds securities in the form and amount specified above. 3. When Agency makes payment of retentions earned directly to Escrow Agent, Escrow Agent shall hold them for the benefit of Contractor until the time that the escrow created under this Escrow Agreement is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this Escrow Agreement and the rights and responsibilities of the parties shall be equally applicable and binding when Agency pays Escrow Agent directly. 4. Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the Escrow Account and all expenses of Agency. These expenses and payment terms shall be determined by Agency, 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 Agency. 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 Agency to Escrow Agent that Agency consents to the withdrawal of the amount sought to be withdrawn by Contractor. 00 61 30 OPTIONAL ESCROW AGREEMENT Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 58 of 308 7. Agency shall have a right to draw upon the securities in the event of default by the Contractor. Upon 7 Calendar Days' written notice to Escrow Agent from Agency of a default, Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by Agency. 8. Upon receipt of written notification from the Agency certifying that the Work required by the Contract is final and complete and that Contractor has complied with all requirements and procedures applicable to the Contract, Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. 9. Escrow Agent shall rely on the written notifications from Agency and Contractor pursuant to Sections (5) to (8), inclusive, of this Escrow Agreement and Agency 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 Agency and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: For Agency (Finance Director) Title _________________________________________________________ Name _____________________________________________________________ Signature _____________________________________________________________ Address _____________________________________________________________ For Contractor Title _____________________________________________________________ Name _____________________________________________________________ Signature _____________________________________________________________ 00 61 30 OPTIONAL ESCROW AGREEMENT Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 59 of 308 Address _____________________________________________________________ For Escrow Agent Title _____________________________________________________________ Name _____________________________________________________________ Signature _____________________________________________________________ Address _____________________________________________________________ At the time the Escrow Account is opened, Agency and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Escrow Agreement. IN WITNESS WHEREOF, the parties have executed this Escrow Agreement by their proper officers on the date first set forth above. For Agency Title ______________________________________________________________ Name ______________________________________________________________ Signature ______________________________________________________________ Address ______________________________________________________________ For Contractor Title ______________________________________________________________ 00 61 30 OPTIONAL ESCROW AGREEMENT Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 60 of 308 Name ______________________________________________________________ Signature ______________________________________________________________ Address ______________________________________________________________ For Escrow Agent Title ______________________________________________________________ Name ______________________________________________________________ Signature ______________________________________________________________ Address ______________________________________________________________ APPROVED AS TO FORM: CINDIE K. McMAHON, City Attorney BY: _____________________________ Deputy City Attorney END OF SECTION 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 61 of 308 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS INTRODUCTION The specifications contained in this 00 73 00 Agency Supplemental General Provisions take precedence over the specification language contained in the Standard Specifications for Public Works Construction, “The Greenbook,” latest edition and all errata. This specification addresses the unique conditions in Carlsbad that are not addressed in The Greenbook. Therefore, if there is a conflict, these specifications shall control. The Greenbook may be purchased at Bidder’s/Contractor’s local technical bookstore or directly from the publisher. These Supplemental General Provisions are available only for download from the online bidding portal with Contract Documents. The Agency does not provide hard copies. When used in the Contract Documents, statements, or command phrases (active voice and imperative mood) refer to and are directed at the “Bidder” or “Contractor” as applicable. The specifications are written to the “Bidder” before award and the “Contractor” after award. Before award, interpret sentences written in the imperative mood as starting with “The Bidder shall.” Interpret the term “you” as “the Bidder” and interpret the term “your” as “the Bidder’s.” After award, interpret sentences written in the imperative mood starting with “The Contractor shall.” Interpret the term “you” as “the Contractor” and interpret the term “your” as “the Contractor’s.” PART 1 GENERAL PROVISIONS SECTION 1 – GENERAL, TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS GENERAL ADD the following: 1. The word “provide” shall mean “furnish and install,” unless otherwise stated. 2. In 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. 3. Where the words “equal,” “approved equal,” “equivalent,” and 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. 4. The word “perform” shall be understood to mean that the Contractor, at its expense, shall “perform all operations and furnish labor, tools and equipment,” and further, “furnish and install materials that are indicated, specified or required” shall be understood 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.” 5. 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. 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 62 of 308 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. TERMS AND DEFINITIONS Where applicable ADD/REPLACE the following: 1. Agency - The City of Carlsbad or the Carlsbad Municipal Water District, the owner of the Project. 2. Agency Approval - Except where stated in this Contract to the contrary, the phrases “Agency approval,” and “Agency’s written approval” or such similar phrases shall mean approval by the City Manager for the City of Carlsbad or the Executive Manager for the Carlsbad Municipal Water District, which approval shall not be unreasonably withheld. 3. Agency Forces – City of Carlsbad or Carlsbad Municipal Water District employees who perform construction work. 4. Agency Supplement - 00 73 00 Agency Supplemental General Provisions; and 00 74 00 Agency Supplemental Technical Provisions. 5. Allowance (AL) - Payment under Allowance Bid items, denoted as “AL,” shall be based on the actual expenditures and for pre-authorized items of the Work in accordance with the Contract Documents. The unused portions of the Allowances shall revert to the Agency upon acceptance of the Project or Work. 6. Apparent Low Bidder - The Bidder whose Bid having been publicly opened, initially meets the material requirements of the Bid Documents and whose Bid price is the lowest received. 7. Applicable Laws - Laws, statutes, ordinances, rules, orders, and regulations of governmental authorities and courts having jurisdiction over the Project. 8. As-Builts - The CADD drawings prepared from the approved Red-lines for record keeping purposes. 9. Award of Contract (Award) - The date on which the Board or designee executes the Contract. 10. Bid - Any proposal submitted to the Agency in competitive bidding for the construction, alteration, repair, or improvement of any structure, building, road or other improvement of any kind. 11. Bid Administrator – The City’s designated representative for soliciting and conducting bids on the City’s online bidding portal. 12. Board – The officer or body constituting the awarding authority of the Agency, which is the City Council for the City of Carlsbad or the Board of Directors for the Carlsbad Municipal Water District. 13. Board of Directors for the Carlsbad Municipal Water District – The legislative body that governs the Carlsbad Municipal Water District and has the authority to pass ordinances and appropriate funds. 14. Business Day - See Working Day. 15. Calendar Day – Every day on the calendar, including weekends and holidays. 16. City - The term “City” or “the City” means, City of Carlsbad. See also Agency. 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 63 of 308 17. City Council - The legislative body that governs the City of Carlsbad and has the authority to pass ordinances and appropriate funds. 18. City Engineer - The term “City Engineer” is defined as the Transportation Director, or designee, and is the person authorized to perform the functions of the City Engineer as defined in Government Code Section 66416.5. The City Engineer is the City's "duly authorized officer" for the purposes of Public Contract Code Sections 4107 and 4107.5. 19. City Manager – The appointed official who directs the administration of the City of Carlsbad. 20. Construction Documents - Plans and details, including Plans showing installation of major systems, equipment, fixed furnishings and graphics, the technical specifications and all other technical drawings, schedules, diagrams and specifications, accepted Shop Drawings, Working Drawings, and submittals that are necessary to set forth in detail the requirements for the Project. 21. Construction Manager – The City’s Consultant Project Inspector and the Engineer’s designated representative for the first level of appeal for informal dispute resolution. Contractor to review all work progress, monthly payment applications, monthly schedule updates and project documentation (e.g., submittals, RFI’s, etc.) with Construction Manager. 22. Construction Work - The portion of the Work to construct the Project as set forth in the Contract Documents in conformance with 2-1, “WORK TO BE DONE.” 23. Contract – The written agreement between the Agency and the Contractor covering the Work. 24. Contract Documents - Contract Documents include the following: The signed Contract, Addenda, Notice Inviting Bids, funding agency provisions, Bid including documentation accompanying the Bid and any post-Bid documentation submitted prior to the Notice of Award when attached as an exhibit to the Contract, Bonds, Permits, CEQA documents, Standard Specifications (the “Greenbook”), Agency Supplement, Plans, Standard Plans, Construction Documents, Reference Specifications, and Change Orders. Contract Documents, when applicable, shall also include Site and Coastal development permits, NEPA documents, re-vegetation plans, biological letters or technical reports, habitat mitigation plans, storm water documents, and local, state, and federal resource agency permits. 25. Contract Time - The number of Working Days to complete the Work as specified in the Contract Documents. 26. Contractor – The individual, partnership, corporation, joint venture, or other legal entity having a Contract with the Agency to perform the Work. In the case of Work being done under permit issued by the Agency, the permittee shall be constructed to be the Contractor. The term “prime contractor” shall mean Contractor. 27. Critical Path – In the Construction Schedule, the sequence of activities that represents the longest path through the Project network of activities and the shortest possible Project duration. 28. Days – Days shall mean consecutive calendar days unless otherwise specified in this Contract. 29. Defective Work - Work that does not conform to the Contract Documents. 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 64 of 308 30. Delay Factor - The Delay Factor may be the basis for compensation for idle equipment time on an excusable delay. The factor has been calculated to include the ownership costs without including operating costs. The Delay Factor recovers all the Contractor’s non- operating costs in an 8-hour day. If payment is made for equipment on an excusable delay, it is limited to 8 hours per day or 40 hours per week maximum. 31. Dispute Board – Persons designated by the City Manager of the City of Carlsbad or Executive Manager of the Carlsbad Municipal Water District, to hear and advise the City Manager or Executive Manager on claims submitted by the Contractor. The City Manager for the City of Carlsbad or the Executive Manager for the Carlsbad Municipal Water District is the last appeal level for informal dispute resolution. 32. Drawings - See Plans. 33. D-size Sheet - “D” size paper for engineering design applications refers to 22” x 34” paper. 34. Engineer - The Deputy City Manager, Public Works of the City of Carlsbad acting either directly or through designated representatives and the third level of appeal for informal dispute resolution. 35. Engineer of Record/Design Engineer – A registered Professional Engineer licensed in the State of California who is qualified to act as an agent of a Project Owner or to prepare Plans for facilities to be accepted by the City of Carlsbad or the Carlsbad Municipal Water District. The term includes persons licensed in the State of California as Civil Engineers or Structural Engineers, as well as other licensed professionals like Architects and Landscape Architects. 36. Engineering Manager – For this project, this capacity will be served by the Public Works Manager. 37. Executive Manager – The appointed official who directs the administration of the Carlsbad Municipal Water District. 38. Field Book - The Agency field maps showing sewer and water facilities. 39. Field Order - A Field Order is a written agreement by the Engineer to compensate the Contractor for work items in accordance with 2-8, “EXTRA WORK” or 2-9, “CHANGED CONDITIONS.” A Field Order does not change the Contract Price or Contract Time or the intent of the Contract. The unused portions of the Field Orders shall revert to the Agency upon acceptance of the Work. 40. Final Environmental Document - The CEQA and/or NEPA document issued for the Project, such as certified environmental impact reports, mitigated negative declarations (MNDs), negative declarations, or exemptions. 41. Final Payment - The last payment for the Contract made to the Contractor, excluding Retention. 42. Fleet & Facilities Project Manager – The Project Manager with the Fleet & Facilities Division and the Construction Manager’s immediate supervisor and designated representative for the second level of appeal for informal dispute resolution. 43. Float – The number of days by which an activity in the Construction Schedule may be delayed from either its earliest start date or earliest completion date without extending the Contract Time (total float). Total float belongs to the Project and to any Party to accommodate changes in the Work or to mitigate the effect of events which may delay completion. 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 65 of 308 44. Holiday - Holidays observed by the Agency are listed below: Holiday Observed On New Year’s Day January 1 Martin Luther King Day 3rd Monday in January Presidents’ Day 3rd Monday in February Memorial Day Last Monday in May Independence Day July 4 Labor Day 1st Monday in September Indigenous Peoples’ Day 2nd Monday in October Veteran’s Day November 11 Thanksgiving Day 4th Thursday/Friday in November Christmas Day December 25 If any Holiday listed falls on a Saturday, the Saturday and the preceding Friday are both legal Holidays. If the Holiday falls on a Sunday, both Sunday and the following Monday shall be legal Holidays. Unless specified otherwise in the Contract Documents or authorized by the Engineer, do not work on Holidays. 45. Limited Notice to Proceed (LNTP) - A written notice given from the Agency that authorizes the Contractor to start a limited amount of work that, as described in the notice, is not Construction Work. 46. Minor Bid Item – a single contract item constituting less than 10 percent (10%) of the original Contract Price bid. 47. Night Work - See Working Night. 48. Normal Working Hours - Unless specified otherwise, Normal Working Hours core periods shall be 7:00 AM to 5:00 PM, Monday through Friday, inclusive. Saturdays, Sundays, and Agency Holidays are excluded. For Traffic Control Permits, Normal Working Hours are defined as 8:30 AM to 3:30 PM, unless specified otherwise. 49. Notice of Completion (NOC) - A document recorded with the County of San Diego to signify that the Work has been completed and accepted by the Agency. 50. Notice to Proceed (NTP) – A written notice to proceed with the work of the contract as mutually agreed in the Preconstruction Meeting. 51. Party or Parties - The Agency, the Contractor, or both, their respective permitted successors or assigns, and any other future signatories to the Contract. 52. Plans – The drawings, profiles, cross sections, Standard Plans, working drawings, and shop drawings, or reproductions thereof, approved by the City Engineer, which show the location, character, dimensions or details of the Work. 53. Prime Contractor - See Contractor. 54. Project Site (Site) - Areas where the Work is performed pursuant to the Contract. 55. Public Works Manager – The Public Works Manager of the Fleet & Facilities Division and the Fleet & Facilities Project Manager’s immediate supervisor and designated representative for the third level of appeal for informal dispute resolution. 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 66 of 308 56. Punchlist - A list of items of Work or corrections generated after a Walk-through that is conducted when the Contractor considers that the Work and Services are complete. 57. Quality Control Standards and Procedures - The standards and procedures that are stated in a written manual that can be furnished to the Engineer upon request. The standards and procedures are followed by the Supplier in the production of materials supplied for the Work Site. 58. Red-lines - Plans with annotations of changes made during construction to reflect the actual improvements or facilities built during construction whether concealed or visible. 59. Retention - The amount withheld from the money due to the Contractor in accordance with 7-3.2, “PARTIAL AND FINAL PAYMENT.” 60. Samples - Physical examples of the materials, equipment, or workmanship specified or required and which conform with the standards and specifications in the Contract Documents and by which the Work shall be evaluated. 61. Schedule - A Critical Path Method (CPM) schedule of construction activities and their durations to be performed during the Contract Time and prepared by the Contractor in accordance with 6-1, “CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK,” and accepted by the Engineer. 62. Scope of Work (SOW) - Labor, materials, equipment, facilities, and services required to be performed or provided by the Contractor to complete the entire Project or the various separately identifiable parts of the Project pursuant to the provisions of the Contract Documents. 63. Services - Work performed in connection with the layout, construction, testing, inspection, and commissioning of the Work or administration of the Contract and which may include professional services such as engineering, surveying, construction management and legal services that are required in accordance with the Contract Documents. Services are incidental to the Work. 64. Separate Contractors - Those individuals or entities that have entered into arrangements with the Agency for the provision of labor, materials, or other services in connection with the Project who are not under contract with the Contractor. 65. Signal Pre-Check - The procedure that the City uses to evaluate traffic signal systems prior to Signal Turn-On and generating a Punchlist. 66. Signal Turn-On - The day the City activates new traffic signals. 67. Supplemental Provisions – See Agency Supplement. 68. Tonne – Also referred to as “metric ton.” Represents a unit of measure in the International System of Units equal to 1,000 kilograms. 69. Walk-through - The procedure the Agency uses to evaluate the status of the Project and to generate a Punchlist prior to acceptance of the Work. 70. Work – All labor, materials, equipment, tools, and services and other requirements of the Contract Documents as modified by Change Order, whether completed or partially completed, provided or to be provided by Contractor to fulfill Contractor’s obligations. The Work may constitute the whole or a part of the Project. 71. Working Day - Any day within the period between the start of the Contract time as defined in Section 6-1 and the date provided for completion, or upon field acceptance by the Engineer for all work provided for in the Contract, whichever occurs first, other than: 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 67 of 308 • Saturday; • Sunday; • any day designated as a holiday by the Agency; • any other day designated as a holiday in a Master Labor Agreement entered into by the Contractor or on behalf of the Contractor as an eligible member of a contractor association; • any day the Contractor is prevented from working at the beginning of the workday for cause as defined in Section 6-6.1; or • any day the Contractor is prevented from working during the first 5 hours with at least 60 percent of the normal work force for cause as defined in Section 6- 6.1. 72. Working Night (Night Work) - A period of nighttime work, allowed only on Sunday through Thursday, excluding Holidays. 73. Work Site - See Project Site (Site). ABBREVIATIONS 1-3.2 Common Usage. ADD the following: AML Approved Material List CADD Computer Aided Design and Drafting CA MUTCD California Manual on Uniform Traffic Control Devices CCT Correlated Color Temperature CEQA California Environmental Quality Act. CFR Code of Federal Regulations CGP Construction General Permit CIPM Cured-In-Place-Manhole CL Centerline CMS Content Management System Database CNC Computer Numerical Control CRI Color Rendering Index CSA Canadian Standards Association DBE Disadvantaged Business Enterprise DCE Data Computer Equipment DG Decomposed Granite DVBE Disabled Veteran Business Enterprise DWT Detectable Warning Tiles EOW Engineer of Work ESL Environmentally Sensitive Lands ESO Electrical Service Orders FRP Fiberglass Reinforced Plastic GFE Good Faith Effort GMT Greenwich Mean Time GPS Global Positioning System 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 68 of 308 IDA International Dark Sky Association IP Ingress Protection LCD Liquid Crystal Display LD Laser Diode LER Luminaire Efficiency Rating MBE Minority Business Enterprise MDFT Minimum Dry Film Thickness MHPA Multiple Habitat Planning Area MH Manhole MIL Military MJ Mechanical Joint M&M Maintenance and Monitoring MMC Mitigation and Monitoring Coordination MOV Metal Oxide Varistor NA Numerical Aperture NC Not Connected, Normally Closed NEPA National Environmental Policy Act of 1969 NEXT Near End Crosstalk NCHRP National Cooperative Highway Research Program NOC Notice of Completion NPDES National Pollutant Discharge Elimination System NTP Notice to Proceed OC On Center ODP Open Drip Proof OFNR Optical Fiber Nonconductive Riser OTDR Optical Time Domain Reflectometer PB Pull Box PCMS Portable Changeable Message Signs PCU Photoelectric Control Unit PEP Plant Establishment Period PIC Polyethylene Insulated Cable PL Property Line RFP Request for Proposal RFI Request for Information RPMS Rubber Polymer Modified Slurry SIC Standard Industry Classification SMS Short Message Service SMTP Simple Mail Transfer Protocol SOW Statement of Work, Scope of Work SOV Schedule of Values SPDT Single Pole Double Throw SSD Surge Suppression Devices TDR Time Domain Reflectometer TEES Transportation Electrical Equipment Specifications 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 69 of 308 TFFN Thermoplastic Flexible Fixture Wire Nylon Jacketed TIG Tungsten Inert Gas UF Underground Feeder UPRR Union Pacific Railroad Company VAC Volts AC VPC Vitrified Polymer Composite WBE Women Business Enterprise 1-3.3 Institutions. ADD the following: AMTRACK American Track National Railroad Passenger Corp. ANSI American National Standards Institute AASHTO American Association of State Highway and Transportation Officials AISC American Institute of Steel Construction ANSI American National Standards Institute API American Petroleum Institute AREA American Railway Engineering Association ASTM American Society for Testing and Materials AWPA American Wood Preservers Association AWS American Welding Society AWWA American Water Works Association BNSF Burlington Northern Santa Fe Railway DSD Development Services Department FHWA Federal Highway Administration GRI Geosynthetic Research Institute IPCEA Insulated Power Cable Engineers Association IES Illuminating Engineering Society (Photometric Data) ISO International Organization for Standardization MTS San Diego Metropolitan Transit System NACE National Association of Corrosion Engineers NAFP National Association of Pipe Fabricators NCTD North County Transit District NEMA National Electrical Manufacturers Association NOAA National Oceanic and Atmospheric Administration (Dept. of Commerce) NFPA National Fire Protection Association PCI Prestressed Concrete Institute SANDAG San Diego Association of Governments SD&AE San Diego & Arizona Eastern Railroad SDTI San Diego Trolley, Inc. UL Underwriters’ Laboratories Inc. USGS United States Geological Survey UPRR Union Pacific Railroad Company 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 70 of 308 1-6 BIDDING AND SUBMISSION OF THE BID 1-6.2 Subcontractor Listing. ADD the following: Each Bidder shall comply with the Chapter of the Public Contract Code including Sections 4100 through 4113. The use of Subcontractors in no way relieves the Contractor of any obligations or responsibilities under the Contract. The following excerpts or summaries of some of the requirements of this Chapter are included below for information: The Bidder shall set forth in the Bid, as provided in Section 4104: “(a) The name and location of the place of business of each Subcontractor who will perform Work or Labor or render service to the prime Contractor in or about the construction of the Work or improvements, or a Subcontractor licensed by the State of California who, under Subcontract to the prime Contractor, specially fabricates and installs a portion of the Work or improvement according to detailed Drawings contained in the Plans and Specifications, in an amount in excess of one-half of 1 percent of the prime Contractor’s total Bid, or, in the case of Bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the prime Contractor’s total Bid or ten thousand dollars ($10,000), whichever is greater.” “(b) The portion of the Work which will be done by each such Subcontractor under this act. The prime Contractor shall list only one Subcontractor for each such portion as is defined by the prime Contractor in his Bid.” If the Contractor fails to specify a Subcontractor or specifies more than one Subcontractor for the same portion of the Work to be performed under the Contract (in excess of one-half of 1 percent of the Contractor’s total Bid), the Contractor shall be qualified to perform that portion itself, and shall perform that portion itself, except as otherwise provided in the Code. As provided in Section 4107, no Contractor whose Bid is accepted shall substitute any person as Subcontractor in place of the Subcontractor listed in the original Bid, except for causes and by procedures established in Section 4107.5. This section provides procedures to correct a clerical error in the listing of a Subcontractor. Section 4110 provides that a Contractor violating any of the provisions of the Chapter violates the Contract and the Board may exercise the option either to cancel the Contract or assess the Contractor a penalty in an amount of not more than 10 percent of the Subcontract involved, after a public hearing. 1-7 AWARD AND EXECUTION OF THE CONTRACT 1-7.1 General. DELETE in its entirety and SUBSTITUTE with the following: 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 71 of 308 1-7.1 Standard Contract Provisions. 1-7.1.1 Successor’s Obligations. All grants, covenants, provisions and claims, rights, powers, privileges and abilities contained in the Contract Documents shall be read and held as made by and with, and granted to and imposed upon, the Contractor, the Agency, and the Contractor’s and the Agency’s respective heirs, executors, administrators, successors, and assigns. 1-7.1.2 Waiver of Legal Rights. 1. The Agency’s failure to insist, in any 1 or more instances, upon the performance of any provision of the Contract, or to exercise any right therein, shall not be construed as a waiver or relinquishment of such provisions or rights. 2. Any waiver of any breach of the Contract shall not be held to be a waiver of any other or subsequent breach. 3. Any waiver the Agency issues to any provision of the Contract shall only be effective if it is agreed upon in writing by the Agency and if it is specific to the matter concerned. 1-7.1.3 Requests for Information (RFI). 1. Inquiries from the Contractor seeking clarification of the requirements of the Contract Documents shall be submitted in writing to the Agency as a Request for Information (RFI). 1-7.1.4 Assignment to Awarding Body. 1. In accordance with subdivision (b) of Public Contract Code Section 7103.5, the Contractor and the Contractor’s Subcontractors shall conform to the following requirements: a. In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the Contractor or the Contractor’s Subcontractor offer and agree to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Business and Professions Code Section 16700 et seq.) arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. b. This assignment shall be made and become effective at the time the awarding body tenders to the Contractor, without further acknowledgment by the Parties. 1-7.2 Contract Bonds. ADD the following: 1. Before execution of the Contract, the Bidder shall file surety bonds with the Agency to be approved by the Board in the amounts and for the purposes noted below. Bonds issued by a Surety, who is authorized to issue bonds in California, and whose bonding limitation shown in the circular is enough to provide bonds in the amount required by the Contract shall be deemed approved unless specifically rejected by the Agency. Bonds from all other sureties shall be accompanied by all documents enumerated in Code of Civil Procedure Section 995.660 (a). The Bidder shall pay all bond premiums, costs, and incidentals. 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 72 of 308 2. Each bond shall incorporate, by reference, the Contract and be signed by both the Bidder and Surety and the signature of the authorized agent of the Surety shall be notarized. 3. The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 Calendar Days after recordation of the Notice of Completion and will remain in full force and effect for the 1-year warranty period and until all warranty repairs are completed to the satisfaction of the Engineer. The bond to secure payment of laborers and materials suppliers shall be released 6 months plus 30 Calendar Days after recordation of the Notice of Completion if all claims have been paid. 4. 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 its liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the following documents: a. An original, or a certified copy, of the unrevoked appointment, power of attorney, bylaws, or other instrument entitling or authorizing the person who executed the bond to do so. b. A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. 5. If the Bid is accepted, the Agency may require a financial statement of the assets and liabilities of the Surety for the quarter calendar year preceding the date of the execution of the bond. The financial statement shall be made by an officer’s certificate as defined in Corporations Code Section 173. In the case of a foreign Surety, the financial statement may be verified by the oath of the principal officer or manager residing within the United States. 6. If the Surety on any bond furnished by the Contractor is declared bankrupt, becomes insolvent, or its right to do business is terminated in any state where any part of the Project is located, immediately notify the Engineer; and immediately substitute another bond and Surety acceptable to the Agency. 7. The Contractor shall require the Surety to mail its standard “Bond Status” form to the Agency. ADD the following: 1-7.2.1 Payment. 1. If enumerated in the Contract Documents, the Bid item for “Bonds (Payment and Performance)” includes full compensation for actual costs of payment and performance bonds. The Contractor may submit a request for payment of actual invoiced costs up to the Bid amount, but not to exceed 2.5% of the Contract Price, no less than 10 Working Days after the award of the Contract. 2. If enumerated in the Contract Documents, if the Bid item for “Bonds (Payment and Performance)” exceeds actual invoiced costs, any such differential amount up to the Bid amount shall be paid as a part of the Final Payment. SECTION 2 – SCOPE OF THE WORK 2-1 WORK TO BE DONE ADD the following: 1. Where approval or acceptance by the Agency is required, only a general approval is required. However, such approval does not relieve the Contractor from the Contractor’s responsibility 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 73 of 308 for complying with all applicable laws, codes, and best industry practices. Contractor has its obligation to fulfill all conditions of the Contract. 2. In accordance with the provisions of California Law, the Contractor shall possess or require the Contractor’s Subcontractor(s) to possess valid appropriate license(s) for the Work being performed as conveyed in the Bidding Documents. 2-2 PERMITS DELETE in its entirety and SUBSTITUTE with the following: 2-2 PERMITS, FEES, AND NOTICES 1. The Contractor shall obtain and pay for all business taxes, business licenses, permits, and fees required for constructing the Project and licenses and inspections necessary for the proper execution and completion of the Work, unless specified otherwise in the Contract Documents. a. To the extent that there is a change in the type or cost of any of such permits, fees, licenses, or inspection occurring after Award of Contract, there shall be an equitable adjustment in the Contract Price on account of such change under the Extra Work provisions. b. The Contractor shall comply with and give notices required by applicable laws. The Contractor is not entitled to damages or additional payment for delays attributable to the acquisition of permits. c. The Contractor shall pay the Agency for regulatory fees, fines, or penalties imposed on the Agency arising from the Contractor’s failure to complete the Work in accordance with the Contract Documents. 2. Contractor shall not begin work until all permit’s incidental to the Work are obtained. This includes, and is not limited to, encroachment, right-of-way, grading and building permits necessary to perform Work for this Contract on Agency property, streets, or other rights- of-way. Permits for night work, overload, blasting, demolition, and disposal of all materials removed from the Project are also Contractor’s responsibility. 3. The Contractor shall obtain and pay for all permits for the disposal of all materials removed from the Project. The cost of the permit(s) shall be included in the price Bid for the appropriate Bid item and the Agency shall not pay additional compensation for Contractor to obtain such permits. 4. Permits shall be maintained in valid status until acceptance of the Work by the Agency. 2-2.1 Building Permits. 1. The Contractor shall obtain the required building permits from Agency’s permitting departments. Any prior approval obtained for the Plans shall not in any way waive this requirement. 2. Request inspections in accordance with the building codes in effect on the permitted Plans and by City’s Development Services Department, Building Division or Construction Management and Inspection Department. Any Work performed without the benefit of the required permit and subsequent inspection shall be removed and replaced at the discretion of the City Building Inspector at no additional cost. 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 74 of 308 3. The payment for procuring Building Permits shall be included in the Allowance Bid item for “Building Permits.” If no such Bid item is included in the Bid Schedule, payment shall be included in the various Bid items and no additional payment shall be made. 2-2.2 Caltrans Encroachment Permit. (This section not used) 2-3 RIGHT-OF-WAY ADD the following: 1. The Contractor shall coordinate access to private property with the property owners and the timing of accessing private property when the Agency has already obtained rights of entry. Unless otherwise provided, the Contractor shall coordinate, pay for, and assume all responsibility for acquiring using, and disposing of additional work areas and facilities temporarily required. The Contractor shall indemnify and hold the Agency harmless from all claims for damages caused by such actions. The Contractor shall protect any private and public improvements. 2-4 COOPERATION AND COLLATERAL WORK ADD the following: 1. 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. 2. If work to be performed by the Agency or its separate Contractors is not shown or specified in the Contract Documents, the Engineer shall notify the Contractor in writing 10 Working Days prior to the start of such work and make available Plans or Specifications for work to be performed by others that may be pertinent to Contractor’s Work. If Contractor determines that the work to be performed by the Agency or its separate Contractors may interfere with or cause damage or delays to Contractor’s Work, notify the Engineer in writing within 3 Working Days of the Engineer’s notice. The Contractor shall diligently pursue with the Engineer resolution of potential conflicts with the work of others. 3. The Contractor shall prepare and submit to the Engineer for approval a plan and schedule to integrate the work of Contractor or its Subcontractors, Agency or the work of others. The plan shall conform to the tasks identified in the Construction Schedule and identify additional tasks as necessary and the sequencing of interrelated activities. 2-5 THE CONTRACTOR’S EQUIPMENT AND FACILITIES 2-5.2 Temporary Utility Services. ADD the following: 1. The Contractor shall furnish, install, maintain, and remove all temporary utility services, such as light, power, electrical, gas, and water, at its own expense for construction and maintenance activities until acceptance of Work. These include piping, wiring, lamps, and other equipment necessary for the Work. 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 75 of 308 2. The Contractor shall obtain a construction meter for water used for the construction, testing, disinfection and flushing of new water or sewer facilities, vegetation establishment and maintenance, site maintenance, landscaping, cleanup, and all other work requiring water. The Contractor shall contact the water agency that serves the Project Site for requirements. 3. 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. The costs shall be considered incidental to the items of Work that they are associated with and no additional payment will be made for them. 2-6 CHANGES REQUESTED BY THE CONTRACTOR ADD the following: 1. Any plan or method of work suggested to the Contractor by the Agency, but not specified or required by the Contract or Change Order, which is adopted or followed by the Contractor in whole or in part shall be done at the Contractor’s sole risk and responsibility. 2. The Contract Price is not subject to adjustment for any type of tax increases after the Award. ADD the following: 2-6.1 Cost Reduction Proposal. 1. The Contractor may submit to the Engineer in writing, proposals for modifying the Plans, Specifications, or other requirements of the Contract for the sole purpose of reducing the total cost of construction. 2. The cost reduction proposal shall not impair, in any manner, the essential functions or characteristics of the Project such as service life, economy of operation, ease of maintenance, quality, desired appearance, or design and safety standards. 3. The following information must be included in the cost reduction proposal: a. A description of both the existing Contract requirements for performing the Work and the proposed changes. b. An itemization of the Contract requirements that shall be changed if the proposal is adopted. c. A detailed estimate of the cost of performing the Work under the existing Contract and under the proposed change. d. A statement of the time within which the Engineer shall act on the cost reduction proposal. e. The Contract items of Work affected by the proposed changes, including any quantity variation attributable thereto. 4. This subsection does not require the Engineer to consider any cost reduction proposal. The Agency shall not be liable to the Contractor for not approving or acting upon any cost reduction proposal the Contractor submitted nor for any delays to the Work attributable to the cost reduction proposal. 5. If a cost reduction proposal is similar to the information included in the Contract Documents or adopted by the Agency after the advertisement and prior to Award of the Contract, the Engineer will not accept such proposal and reserves the right to make such changes without compensation to the Contractor under the provisions of this subsection. 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 76 of 308 6. The Contractor shall continue to perform the Work in accordance with the requirements of the Contract until a Change Order incorporating the cost reduction proposal has been issued. 7. The Engineer is the sole judge of the acceptability of a cost reduction proposal and the estimated net savings. In determining the estimated net savings, the Agency has the right to disregard the Contract Bid prices if, in the judgment of the Engineer, such prices do not represent a fair measure of the value of the Work to be performed or to be deleted. 8. The Agency reserves the right to require the Contractor to share in the Agency’s costs of investigating the Contractor’s cost reduction proposal. When this is required, the Contractor shall indicate the Contractor’s acceptance in writing allowing the Agency to deduct amounts payable to the Contractor. 9. If the Engineer accepts the Contractor’s cost reduction proposal in whole or in part, the Engineer shall issue a Change Order to incorporate the changes in the Plans and Specifications which are necessary to permit the cost reduction proposal or such part of it as has been accepted to be put into effect. If the Engineer’s approval is conditional, the Change Order shall include any conditions upon which the Engineer’s approval is based. 10. The Change Order also includes the estimated net savings in the cost of performing the Work due to the accepted cost reduction proposal and provides that the Contract cost be adjusted by crediting the Agency with 50% of estimated net savings amount. 11. The Contract Time shall not be extended by the acceptance of the cost reduction proposal and the performance of the Work unless specified otherwise in the Change Order. 12. The amount specified as payable to the Contractor in the Change Order is full compensation for the cost reduction proposal and the performance of the Work. 13. The Agency expressly reserves the right to adopt a cost reduction proposal for general use on contracts administered by the Agency when it determines that the proposal is suitable for application to other contracts. When an accepted cost reduction proposal is adopted for general use, only the Contractor who first submitted such proposal shall be eligible for compensation subject to this subsection, and in that case, only for contracts awarded prior to submission of the accepted cost reduction proposal. 14. The cost reduction proposals identical or similar to previously submitted proposals shall be eligible for consideration and compensation under the provisions of this subsection if the identical or similar previously submitted proposals were not adopted for general application to other contracts administered by the Agency. 15. Subject to the provisions contained in the Contract, the Agency or any other public agency shall have the right to use all or any part of any submitted cost reduction proposal without obligation or compensation of any kind to the Contractor. 16. The Contractor shall bear all costs to revise bonds for the Project to include the cost reduction incentive proposal work. 2-7 CHANGES INITIATED BY THE AGENCY 2-7.1 General. ADD the following: 1. The Agency may change the Plans, Specifications, character of the Work, or quantity of Work provided the total arithmetic dollar value of all such changes, both additive and deductive, 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 77 of 308 does not exceed 25 percent of the Contract Price. Should it become necessary to exceed this limitation, the change shall be by written supplemental agreement between the Contractor and Agency, unless both parties agree to proceed with the change, by Change Order. 2. Change Orders shall be in writing and state the dollar value of the change or established method of payment, any adjustment in Contract Time of completion, and when negotiated prices are involved, and shall provide for the Contractor’s signature indicating acceptance. 3. Unless expressly set forth in writing in a Change Order signed by the Agency and the Contractor, changes initiated by the Agency shall not be construed as the Agency directing the Contractor’s mean-and-methods in the execution of the Work. 2-7.2 Payment-Contract Unit Prices. 1. If a change is ordered in an item of work covered by a Contract Unit Price, and such change does not involve substantial change in character of the Work from that shown on the Plans or specified in the Specifications, then an adjustment in payment will be made. This adjustment will be based upon the increase or decrease in quantity and the Contract Unit Price. 2. If the actual quantity of an item of work covered by a Contract Unit Price and constructed in conformance with the Plans and Specifications varies from the Bid quantity by 50 percent or less, payment will be made at the Contract Unit Price. If the actual quantity of the item of work varies from the Bid quantity by more than 50 percent, payment will be made per Section 2-7.3 or 2-7.4 as appropriate. 3. If a change is ordered in an item of work covered by a Contract Unit Price, and such change does involve a substantial change in the character of the Work from that shown on the Plans or specified in the Specifications, an adjustment in payment will be made per Section 2-7.6. 2-7.3 Payment – Increases of More than 50 Percent. 1. Should the actual quantity of an item of Work covered by a Contract Unit Price and constructed in conformance with the Plans and Specifications, exceed the Bid quantity by more than 50 percent, payment for the quantity in excess of 150 percent of the Bid quantity will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Section 2-8. The Extra Work per Section 2-8, basis of payment, shall not include fixed costs. Fixed costs shall be deemed to have been recovered by the Contractor through payment for 150 percent of the Bid quantity at the Contract Unit Price. 2-7.4 Payment – Decreases of More than 50 Percent Should the actual quantity of an item of Work covered by a Contract Unit Price, and constructed in conformance with the Plans and Specifications, be less than 50 percent of the Bid quantity, an adjustment in payment will not be made unless so requested in writing by the Contractor. If the Contractor so requests, payment will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Section 2-8; however, in no case will payment be less than would be made for the actual quantity at the Contract Unit Price nor more than would be made for 50 percent of the Bid quantity at the Contract Unit Price. 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 78 of 308 2-7.5 Stipulated Unit Prices. Stipulated Unit Prices are unit prices established by the Agency in the Contract Documents as distinguished from Contract Unit Prices submitted by the Contractor. Stipulated Unit Prices may be used for the adjustment of Contract changes when so specified in the Supplemental General Provisions. 2-7.6 Agreed Prices. Agreed Prices are prices for new or unforeseen Work, or adjustments in Contract Unit Prices per Section 2-7.2, established by mutual agreement between the Contractor and the Agency. If mutual agreement cannot be reached, the Engineer may direct the Contractor to proceed on the basis of Extra Work in accordance with Section 2-8, except as otherwise specified in Sections 2- 7.3 and 2-7.4. 2-7.7 Schedule of Values. Before construction, Contractor shall provide a schedule of values for all lump-sum Bid items that shall be used for the purpose of progress payments. The prices shall be valid for the purpose of Change Orders to the Project. 2-7.8 Eliminated Items. Should any Bid item be eliminated in its entirety, payment will be made to the Contractor for its actual costs incurred in connection with the eliminated item prior to notification in writing from the Engineer so stating its elimination. If material conforming to the Plans and Specifications is ordered by the Contractor for use in the eliminated item prior to the date of notification of elimination by the Engineer, and if the order for that material cannot be canceled, payment will be made to the Contractor for the actual cost of the material. In this case, the material shall become the property of the Agency. Payment will be made to the Contractor for its actual costs for any further handling. If the material is returnable, the material shall be returned, and payment will be made to the Contractor for the actual cost of charges made by the supplier for returning the material and for handling by the Contractor. Actual costs, as used in this Agency Supplement, shall be computed on the basis of Extra Work per Section 2-8. 2-8 EXTRA WORK ADD the following: 1. New or unforeseen Work will be classified as “Extra Work” when the Engineer determines that it is not covered by Contract Unit Prices or stipulated unit prices. 2. Any request by the Contractor for Extra Work shall be in writing to the Engineer and shall include itemized estimates and in accordance with Section 7-4. The Contractor shall fully itemize the Extra Work cost estimates such as labor and payroll costs, quantities, crew composition, production rates, material costs, Subcontractor and Supplier costs, equipment costs, supplemental costs, and time impact. 2-9 CHANGED CONDITIONS ADD the following: 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 79 of 308 The Contractor shall promptly notify the Engineer of the following Work Site conditions (“Changed Conditions”), in writing, upon their discovery and before they are disturbed: 1. Subsurface or latent physical conditions differing materially from those represented in the Contract; 2. Unknown physical conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in work of the character being performed; and 3. Material differing from that represented in the Contract which the Contractor believes may be hazardous waste, as defined in Health and Safety Code Section 25117, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law. The Engineer will promptly investigate conditions which appear to be Changed Conditions. If the Engineer determines that conditions are Changed Conditions and they will materially affect performance time, the Contractor, upon submitting a written request, will be granted an extension of time subject to Section 6-4.2. If the Engineer determines that the conditions do not justify an adjustment in compensation, the Contractor will be notified in writing. This notice will also advise the Contractor of its obligation to notify the Engineer in writing if the Contractor disagrees. The Contractor’s failure to give notice of Changed Conditions promptly upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection with them. 1. 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 occurrence of any event or other cause, unless the Contractor shall have first given the Engineer written notice of potential claim as specified in this Section 2-9. Compliance with this section shall not be required as a prerequisite to notice provisions in Section 6-4.2(4) Extensions of Time, nor to any claim that is based on differences in measurement or errors of computation as to Contract quantities. 2. The Contractor shall provide the Agency 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 the 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 will not be accepted. 3. The potential claim shall include the following certification relative to the California False Claims Act, Government Code Sections 12650-12656. “The undersigned certifies that the above statements are made in full awareness of the California False Claims Act, Government Code Sections 12650-12656. The undersigned further understands and agrees that this potential claim, unless resolved, must be restated as a claim in response to the Agency’s proposed final estimate for it to be further considered.” 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 80 of 308 By: Title: Date: Company Name: 4. The Contractor’s estimate of costs may be updated when actual costs are known. The Contractor shall submit proof of its actual costs to the Engineer within 20 Working Days after the affected Work is completed. Failure to do so shall be cause to deny any later-filed claim regarding a potential claim described in this Section 2-9. 5. The intent of this Section 2-9 is to have differences between the parties arising under the Contract brought to the attention of the Engineer at the earliest possible time so that such matters can be settled, if possible, or other appropriate action promptly taken. 2-10 DISPUTED WORK ADD the following: 2-10.1 Claims. 1. A Claim is a written demand by the Contractor that seeks an adjustment in the Contract Price, Contract Time, or other relief associated with a dispute arising under or relating to the Contract, including a breach of any Contract provision. A voucher, invoice, or other routine request for payment is not a Claim. 2. A Claim shall conform to these specifications and may be considered after the Agency has previously denied a request by the Contractor for a Change Order seeking the demanded relief. 3. The Contractor shall submit a Claim to the Engineer if a dispute occurs that arises from or relates to the Contract. The Claim shall seek all relief to which the Contractor asserts the Contractor is entitled as a result of the event(s) giving rise to the dispute. The Contractor’s failure to process a Claim in accordance with these specifications shall constitute a waiver of all relief associated with the dispute. Claims are subject to 6-10, “Right to Audit.” 4. The Contractor shall continue to perform the Services and Work and shall maintain the Schedule during any dispute proceedings. The Engineer will continue to make payments for undisputed Services and Work. 5. The Agency’s Claims process specified in the Agency Supplement shall not relieve the Contractor of the Contractor’s statutory obligations to present Claims prior to any action under the Government Code. 6. Except for those final payment items disputed in the written statement required in Section 7-3.2, all Claims of any dollar amount shall be submitted in a written statement by the Contractor no later than the date of receipt of the final payment estimate. Those final payment items disputed in the written statement required in Section 7-3.2 shall be submitted no later than 30 Calendar Days after receipt of the Final Payment estimate. No Claim will be considered that was not included in this written statement, nor will any Claim be allowed for which written notice or protest is required under any provision of this Contract, including Sections 2-9 Changed Conditions, 2-10 Disputed Work, 4-1(22) Protection, 6-4.4 Written Notice and Report, or 6-4.2(4) Extensions of Time, unless the Contractor has complied with notice or protest requirements. 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 81 of 308 7. The Engineer will consider Contractor’s filed Claims, which must be detailed enough so the Engineer can determine the basis and amount of the Claims. Contractor shall provide the Engineer additional information to determine the facts or contentions involved in a Claim if requested by the Engineer. If additional information is needed, Contractor must provide Engineer with this information within a reasonable time of being asked for additional information. Failure to submit such information and details will be sufficient cause for denying the Claims. 8. Payment for Claims shall be processed by the next payment application of their resolution for those Claims approved by the Engineer. The Contractor shall proceed with informal dispute resolution under Section 2-10, Disputed Work, for those Claims remaining in dispute. 2-10.1.1 Initiation of Claim. 1. A Claim is a written demand by the Contractor that seeks an adjustment in the Contract Price, Contract Time, or other relief associated with a dispute arising under or relating to the Contract, including a breach of any provision of the Contract. A voucher, invoice, payment application or other routine request for payment is not a Claim. A Claim shall conform to these specifications and may be considered after the City has previously denied a request from the Contractor for a Change Order seeking the demanded relief. The Contractor shall, consistent with 2-10.1.2, give the Agency written notice of Claim prior to commencing any Disputed Work. Failure to give the notice shall constitute a waiver of all Claims in connection with the Disputed Work. If the Contractor and the Agency are unable to reach agreement on Disputed Work, the Agency may direct the Contractor to proceed with the Work and such direction shall not be construed as the Agency directing the Contractor’s mean-and-methods in the execution of the Work. After the Agency has rejected a Change Order request and prior to proceeding with dispute resolution pursuant to the Public Contract Code, applicable provisions of which are specified below, the Contractor shall attempt to resolve all disputes informally through the following dispute resolution chain of command: For claims with a monetary value of $50,000 or less: i. Construction Manager ii. Fleet and Facilities Project Manager iii. Public Works Manager For claims with a monetary value greater than $50,000: i. Construction Manager ii. Fleet and Facilities Project Manager iii. Public Works Manager iv. Engineer v. City Manager or Executive Manager 2. Consistent with Section 2-10.1.2, 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, Contract Time, and all other evidentiary materials. At each level of Claim or appeal of Claim the Agency will, within 10 Working Days of receipt of the 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 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 82 of 308 is requested the Agency will provide its position within 10 Working Days of receipt of the additional information or Contractor’s presentation of its report. The Contractor may appeal each level’s position up to the Deputy City Engineer/Engineering Manager for claims less than $50,000 and/or up to the City Manager for the City of Carlsbad or Executive Manager for the Carlsbad Municipal Water District for claims greater than $50,000 after which the Contractor may proceed under the provisions of the Public Contract Code. The Agency’s failure to state a position or otherwise respond to a Claim within the timeframes set forth above shall be deemed a rejection of the Claim by the Agency. 3. The authority within the dispute resolution chain of command is limited to recommending a resolution to a Claim to the City Manager for the City of Carlsbad or Executive Manager for the Carlsbad Municipal Water District. Actual approval of the Claim is subject to the Change Order provisions in the Contract. 4. Any remaining Claims not resolved by the informal dispute resolution process described above shall be resolved in accordance with Public Contract Code Section 9204, the relevant portion of which is included below: (d)(1)(A) Upon receipt of a Claim pursuant to this section, the public entity to which the Claim applies shall conduct a reasonable review of the Claim and, within a period not to exceed 45 days, shall provide the Claimant a written statement identifying what portion of the Claim is disputed and what portion is undisputed. Upon receipt of a Claim, a public entity and a Contractor may, by mutual agreement, extend the time period provided in this subdivision. (B) The Claimant shall furnish reasonable documentation to support the Claim. (C) If the public entity needs approval from its governing body to provide the Claimant a written statement identifying the disputed portion and the undisputed portion of the Claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a Claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the Claimant a written statement identifying the disputed portion and the undisputed portion. (D) Any payment due on an undisputed portion of the Claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply. (2)(A) If the Claimant disputes the public entity's written response, or if the public entity fails to respond to a Claim issued pursuant to this section within the time prescribed, the Claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute. 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 83 of 308 (B) Within 10 business days following the conclusion of the meet and confer conference, if the Claim or any portion of the Claim remains in dispute, the public entity shall provide the Claimant a written statement identifying the portion of the Claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the Claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the Claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the Claimant sharing the associated costs equally. The public entity and Claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the Claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the Claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the Claim remaining in dispute shall be subject to applicable procedures outside this section. (C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. (D) Unless otherwise agreed to by the public entity and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced. (E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program if mediation under this section does not resolve the parties' dispute. (3) Failure by the public entity to respond to a Claim from a Contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the Claim being deemed rejected in its entirety. A Claim that is denied by reason of the public entity's failure to have responded to a Claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the Claim or the responsibility or qualifications of the Claimant. (4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum. 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 84 of 308 (5) If a Subcontractor or a lower tier Subcontractor lacks legal standing to assert a Claim against a public entity because privity of Contract does not exist, the Contractor may present to the public entity a Claim on behalf of a Subcontractor or lower tier Subcontractor. A Subcontractor may request in writing, either on their own behalf or on behalf of a lower tier Subcontractor, that the Contractor present a Claim for work which was performed by the Subcontractor or by a lower tier Subcontractor on behalf of the Subcontractor. The Subcontractor requesting that the Claim be presented to the public entity shall furnish reasonable documentation to support the Claim. Within 45 days of receipt of this written request, the Contractor shall notify the Subcontractor in writing as to whether the Contractor presented the Claim to the public entity and, if the original Contractor did not present the Claim, provide the Subcontractor with a statement of the reasons for not having done so. (e) The text of this section or a summary of it shall be set forth in the Plans or Specifications for any Public Works Project that may give rise to a Claim under this section. (f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a Claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable Change Order, Claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section. (g) This section applies to contracts entered into on or after January 1, 2017. (h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations. (i) This section shall remain in effect only until January 1, 2027, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2027, deletes, or extends that date. In addition, all Claims by Contractor for $375,000 or less shall be resolved in accordance with the procedures in the Public Contract Code Section 20104 et seq., applicable provisions of which are included below: 20104.2 For any Claim subject to this article, the following requirements apply: (a) The Claim shall be in writing and include the documents necessary to substantiate the Claim. Claims must be filed on or before the date of final payment. Nothing in this 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 85 of 308 subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of Claims. (b)(1) For Claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written Claim within 45 days of receipt of the Claim, or may request, in writing, within 30 days of receipt of the Claim, any additional documentation supporting the Claim or relating to defenses to the Claim the local agency may have against the Claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the Claimant. (3) The local agency's written response to the Claim, as further documented, shall be submitted to the Claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the Claimant in producing the additional information, whichever is greater. (c)(1) For Claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written Claims within 60 days of receipt of the Claim, or may request, in writing, within 30 days of receipt of the Claim, any additional documentation supporting the Claim or relating to defenses to the Claim the local agency may have against the Claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the Claimant. (3) The local agency's written response to the Claim, as further documented, shall be submitted to the Claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the Claimant in producing the additional information or requested documentation, whichever is greater. (d) If the Claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the Claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency's response or within 15 days of the local agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) Following the meet and confer conference, if the Claim or any portion remains in dispute, the Claimant may file a Claim as provided in Chapter 1 (commencing with 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 86 of 308 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)(1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act (Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration. (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds. (3) In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 87 of 308 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. (b) The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process. 20104.6 Payment on undisputed portion of Claim; interest on arbitration awards or judgments: (a) No local agency shall fail to pay money as to any portion of a Claim which is undisputed except as otherwise provided in the Contract. (b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law. 5. Although not to be construed as proceeding under Extra Work provisions, the Contractor shall keep and furnish records of disputed Work in accordance with Section 2-10. 2-10.1.2 Claim Certification Submittal. 1. If the Contractor’s Claim seeks an increase in the Contract Price, the Contract Time, or both, submit with the Claim an affidavit certifying the following: a. The Claim is made in good faith and covers all costs and delays to which the Contractor is entitled as a result of the event(s) giving rise to the Claim. b. The amount Claimed accurately reflects the adjustments in the Contract Price, the Contract Time, or both to which the Contractor believes the Contractor is entitled. c. All supporting costs and pricing data are current, accurate, and complete to the best of the Contractor’s knowledge. The Contractor shall supply a cost breakdown per item of Work. d. The Contractor shall ensure that the affidavit is executed by an official who has the authority to legally bind the Contractor. 2-10.1.3 Agency’s Final Determination. 1. If the Contractor disagrees with the City Manager or Executive Manager’s final determination, as described in 2-10.1.1(1-2), Contractor must notify the Engineer in writing of the Contractor’s objection within 15 Working Days after receipt of the written determination and file a “Request for Mediation” in accordance with 2-10.2, “Dispute Resolution Process.” 2. Failure to give notice of objection within the 15 Working Days period shall waive the Contractor’s right to pursue the Claim. 2-10.1.6 Mandatory Assistance. 1. If a third-party dispute, litigation, or both, arises out of or relates in any way to the Services provided under the Contract, upon the Agency’s request, the Contractor shall assist in resolving the dispute or litigation. The Contractor’s assistance includes, but is not limited to the following: 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 88 of 308 a. Providing requested documents in a timely manner. b. Providing professional consultations. c. Attending mediations, arbitrations, depositions, trials, or any event related to the dispute resolution and litigation. 2-10.1.6.1 Compensation for Mandatory Assistance. 1. The Agency will reimburse the Contractor for reasonable fees and expenses incurred by the Contractor for any required assistance rendered in accordance with 2-10.1.6, “Mandatory Assistance” as Extra Work. 2. The Engineer will determine whether these fees and expenses were necessary due to the Contractor’s conduct or failure to act. 3. If the Engineer determines that the basis of the dispute or litigation in which these fees and expenses were incurred were the result of the Contractor’s conduct or the Contractor’s failure to act in part or in whole, the Contractor shall reimburse the Agency for any payments made for these fees and expenses. Reimbursement may be through any legal means necessary, including the Agency’s withholding of the Contractor’s payment. ADD the following: 2-10.2 Dispute Resolution Process 2-10.2.1 Mandatory Non-binding Mediation. 1. If a dispute arises out of or relates to the Contract, or the breach of it, and if the dispute cannot be settled through those procedures described in Section 2-10.1.1, the parties must attempt to settle the dispute in an amicable manner, using mandatory mediation under the Construction Industry Mediation Rules of the American Arbitration Association before having recourse in a court of law. 2. To initiate mediation, the initiating party shall serve a Request for Mediation at the American Arbitration Association (AAA). 2-10.2.2 Mandatory Mediation Costs. 1. The expenses of witnesses for either side shall be paid by the party producing such witnesses. All other expenses of the mediation, including required traveling and other expenses of the mediator and the cost of any proofs or expert advice produced at the direct request of the mediator, shall be borne equally by the parties, unless they agree otherwise. 2-10.2.3 Selection of Mediator. 1. A single mediator, knowledgeable in construction aspects and acceptable to both parties, shall be used to mediate the dispute. 2. If AAA is used, the initiating party shall concurrently file with AAA a “Request for Mediation” along with the appropriate fees, a copy of requested mediators marked in preference order, and a preference for available dates. 3. If AAA is selected to coordinate the mediation (Administrator), within 10 Working Days from the receipt of the initiating party’s Request for Mediation, the opposing party shall file the following: 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 89 of 308 a. A copy of the list of the preferred mediators listed in preference order after striking any mediators to which they have any objection. b. A preference for available dates. c. Appropriate fees. 4. If the parties cannot agree on a mediator, then each party shall select a mediator and those mediators shall select the neutral third party to mediate the matter. 2-10.2.4 Conduct of Mediation Sessions. 1. Mediation hearings shall be conducted in an informal manner and discovery shall not be allowed. 2. Discussions, statements, or admissions shall be confidential to the proceedings and shall not be used for any other purpose regarding the party’s legal position. The parties may agree to exchange any information they deem necessary. 3. Both parties shall have an authorized representative attend the mediation. Each representative shall have the authority to recommend entering into a settlement. Either party may have attorney(s), witnesses, or expert(s) present. Either party may request a list of witnesses and notifications of whether attorney(s) shall be present. 4. Any resulting agreements from mediation shall be documented in writing. Mediation results and documents, by themselves, shall be “non-binding” and inadmissible for any purpose in any legal proceeding, unless such admission is otherwise agreed upon in writing by both parties. Mediators shall not be subject to any subpoena or liability and their actions shall not be subject to discovery. ADD the following: 2-10.3 Governing Law & Forum for Litigation. 1. This Contract shall be governed by and construed in accordance with the laws of the State of California. Any lawsuits, at law or in equity, between the parties arising out of this Contract shall be filed in a court of competent jurisdiction in the County of San Diego. With respect to venue, the parties agree that this Contract is made in and will be performed in the County of San Diego. The parties waive all provisions of law providing for a change of venue in these proceedings to any other county. ADD the following: 2-10.4 Pre-judgment Interest. 1. The parties stipulate that if a judgment is entered against a party for breaching this Contract, the pre-judgment interest shall be 2% per annum. SECTION 3 – CONTROL OF THE WORK 3-2 SELF-PERFORMANCE ADD the following: 1. If Contractor fails to satisfy the provisions requiring the Contractor to complete Work amounting to at least 50 percent of the Contract price with its own organization unless stipulated otherwise in the Contract Documents, the Agency may at its sole discretion elect 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 90 of 308 to cancel the Contract or deduct an amount equal to 10 percent of the value of the Work performed in excess of 50 percent of the Contract Price by other than the Contractor’s own organization. The Board shall be the sole body for determination of a violation of these provisions. In any proceedings under this section, the Contractor, or prime Contractor, shall be entitled to a public hearing before the Board and shall be notified 10 Calendar Days in advance of the time and location of the hearing. The determination of the Board shall be final. 3-3 SUBCONTRACTORS ADD the following: 1. The Contractor shall incorporate these Specifications in the Contractor’s subcontracts for the work being performed by the Contractor’s Subcontractor. 2. The Contractor shall obtain or require that each Subcontractor obtains insurance policies in accordance with 5-4, “INSURANCE” which shall be kept in full force and effect for the duration of the Contract and in any attached supplemental agreements. 3. In any dispute between the Contractor and the Contractor’s Subcontractors, the Agency shall not be made a party to any judicial or administrative proceeding to resolve the dispute. 4. The Contractor shall ensure that the Contractor’s Subcontractors are appropriately licensed for the duration of the work that is performed under the Subcontracts in accordance with 2- 1, “WORK TO BE DONE.” If a Subcontractor is not properly licensed, the Contractor shall cease payment to the Subcontractor for all work performed when the Subcontractor was not properly licensed. The Contractor shall return to the Agency any payment the Contractor made to a Subcontractor for work performed when the Subcontractor was not licensed. 5. Subcontractors shall be considered employees of the Contractor, and the Contractor shall be responsible for their work. 6. Where the Contract Documents require that a particular product be installed or applied by an applicator approved by the manufacturer, ensure the Subcontractor or Supplier employed for such work is approved by the manufacturer. 7. Before the work of any Subcontractor is started, the Contractor shall submit to the Engineer for approval a written statement showing the Work to be subcontracted giving the name and business of each Subcontractor and description and value of each portion of the Work to be so subcontracted. This submittal will confirm the Subcontractor’s commitments in the Bid. 3-4 AUTHORITY OF THE ENGINEER ADD the following: 1. The Engineer shall be the single point of contact and shall be included in all communications between Contractor and any Agency representative. 3-5 INSPECTION ADD the following: 1. Contractor shall make available to the Engineer accurate books and accounting records regarding all its activities. Contractor shall contractually require all Subcontractors to this 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 91 of 308 Contract to do the same. The Engineer shall have access to the Contractor’s, and any Subcontractors documents described in this Section 3-5(1) within San Diego County. The Engineer shall have the right to monitor, assess, and evaluate Contractor’s and its Subcontractor’s performance pursuant to this Contract. The Engineer’s monitoring, assessments, and evaluations will include, but shall 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. 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. Contractor shall also permit the Engineer to audit, examine, copy and make excerpts or transcripts from such data and records, and to make audits of all invoices, materials, payrolls, records of personnel, and other data relating to all matters covered by this Contract. Any inspection described in this Section 3-5(1) shall occur as often as the Engineer deems necessary and during normal business hours. However, any such inspection shall not unreasonably interfere with Contractor’s ongoing business operations. Contractor and all Subcontractors to this Contract shall maintain such data and records for as long as may be required by applicable laws and regulations. 2. The Agency may utilize consultants to assist the Engineer during construction in observing the Contractor’s performance. The consultant shall be the Agency’s Representative on the Site assisting the Engineer and must not be confused with a building inspector with the Agency or with a Special Inspector. 3. The Agency may utilize a Special Inspector for inspection of specialty work and materials, whose costs the Agency will pay for unless the Contractor fails inspection. If inspections or tests reveal non-compliance with the requirements of the Contract Documents, the Contractor shall pay for all corrective measures deemed necessary by the Engineer and also pay the cost of the Agency’s subsequent re-inspection and re-testing. 4. Inspections required by codes or ordinances are the Contractor’s responsibility. 5. The Contractor’s quality control testing and inspections are the Contractor’s responsibility. Contractor shall coordinate and schedule all inspections and tests. The Contractor shall give the Engineer notice of tests and inspections made by others. At least 5 Working Days of notice shall be given for offsite inspections. The Contractor shall wait until the Engineer has responded and agreed to Contractor’s schedule before scheduling test or inspections. 6. The Agency shall schedule any inspections and tests as the Agency deems necessary to ensure the Work is accomplished in accordance with the requirements of the Contract Documents (other than inspections for work performed in accordance with a permit). The Contractor is responsible for the inspection of all Work performed in accordance with the Contract Documents. 7. Contractor shall provide access in accordance with Cal-OSHA Standards as necessary. 8. Contractor shall remove and replace any items of Work performed without the required permit or inspection. For required subsequent inspection, the Contractor shall remove and replace Work at the discretion of Engineer at no additional cost to the Agency. Inspection of the Work does not relieve the Contractor of full compliance with the Contract Documents. 9. Contractor shall not conceal the Work prior to inspection, testing, or approval required by the Contract Documents, the Engineer’s prior written request, or by other agencies. If any 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 92 of 308 item of Work is done prior to obtaining the required approvals when requested by the Engineer, Contractor shall expose the Work for inspection, testing, and/or approval. Upon successful completion of the inspection, testing, or approval, the Contractor shall proceed with the Work. The Contractor shall bear all direct and indirect costs and damages of such uncovering and re-covering and shall not be entitled to an increase in the Contract Price or the Contract Time, unless the Contractor has given the Engineer and any other affected agencies written notice of the Contractor’s intention to cover the Work and the Engineer has not acted in response to such notice. 10. When specified, Contractor shall make arrangements for tests, inspections, and approvals with an independent testing laboratory or entity acceptable to the Engineer, or with the appropriate public authority. The payment for such tests, inspections, and approvals are included in the Contract Price. 11. Unless specified otherwise, the Contractor shall pay the cost of inspections and tests. If inspections or tests reveal non-compliance with the requirements of the Contract Documents, the Contractor shall bear the cost of corrective measures deemed necessary by the Engineer and the cost of the Agency’s subsequent re-inspection and re-testing. 12. 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. 13. 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 Contract, the 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 of its Subcontractors’ records with respect to all matters covered by this Contract and will permit the Engineer to audit, examine, copy and make excerpts or transcripts from such data and records, and to make audits of all invoices, materials, payrolls, records of personnel, and other data relating to all matters covered by this Contract. However, any such activities shall be carried out in a manner so as to not unreasonably interfere with Contractor’s ongoing business operations. Contractor and all Subcontractors to this Contract shall maintain such data and records for as long as may be required by applicable laws and regulations. 3-6 THE CONTRACTOR’S REPRESENTATIVE ADD the following: 1. Both the representative and alternative representative shall be the Contractor’s employees and shall not be assigned to a Subcontractor unless otherwise approved by the Agency in writing. 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 93 of 308 2. The Contractor’s Project team shall attend scheduled construction meetings as required by the Engineer. If any of Contractor’s staff cannot attend, the Contractor shall notify the Engineer a minimum of 24 hours in advance, prior to the start of the scheduled meeting. If the Contractor does not provide the required notification, the Contractor shall pay for the costs of the Agency’s staff, consultants, or both that attended. The Contractor shall be charged a minimum of 2 hours of the attendee’s time. 3. The payment for the Contractor’s attendance at Project meetings is included in the Contract Price. The Engineer shall deduct costs assessed to the Contractor for not attending the meetings from the monthly progress payment via Change Order. 3-7 CONTRACT DOCUMENTS 3-7.1 General. ADD the following: 1. Specifications and Plans are divided into groups by engineering discipline for the Agency’s convenience. These divisions are not for the purpose of apportioning the Work or responsibility for the Work among Subcontractors and Suppliers. 2. The Contractor shall supply any Work that may reasonably be inferred from the Specifications or Plans as being required to produce the intended result whether or not it is specifically called for, at no additional cost to the Agency. 3. If referenced documents have been discontinued or updated by the issuing organization, the replacement documents issued or otherwise identified by that organization shall be used or, if there are no replacement documents, the last version of the document before it was discontinued. 4. Scaled dimensions on Contract Documents are approximate. Before ordering materials or commencing the Work, the Contractor shall measure the Site for proper size and fit and verify dimensions and quantities by taking measurements in the field. The Contractor shall be responsible for their accuracy. 5. The Contractor shall verify any conditions affecting the cost of the Work through a reasonable examination of the Work Site prior to submitting the Bid. 6. Existing improvements visible at the Work Site, for which no specific disposition is made on the Plans, but which interfere with the completion of the Work, shall be removed, and disposed of by the Contractor. 7. The Plans, Specifications, and other Contract Documents shall govern the Work. The Contract Documents are intended to be complementary and cooperative. Anything specified in the Specifications and not shown on the Plans or shown on the Plans and not specified in the Specifications, shall be as though shown on or specified in both. 8. The Plans shall be supplemented by such working drawings and shop drawings as are necessary to adequately control the Work. 9. The Contractor shall ascertain the existence of any conditions affecting the cost of the Work through a reasonable examination of the Work Site prior to submitting the Bid. 10. Existing improvements visible at the Work Site, for which no specific disposition is made on the Plans, but which interfere with the completion of the Work, shall be removed, and disposed of by the Contractor. 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 94 of 308 11. The Contractor shall, upon discovering any error or omission in the Plans or Specifications, immediately call it to the attention of the Engineer. 3-7.2 Precedence of the Contract Documents. DELETE in its entirety and REPLACE with the following: 1. If there is a conflict between any of the Contract Documents, the document highest in the order of precedence, and most recent in edition, shall control. The order of precedence, from highest to lowest, shall be as follows: a. Permits (issued by jurisdictional regulatory agencies including environmental documents). b. Change Orders and supplemental agreements; whichever occurs last. c. Contract Addenda, whichever occurs last. d. The signed written Contract. e. Bid/Proposal. f. Project Plans. g. Technical Specifications. h. Agency Supplemental General Provisions (Section 00 73 00). i. Agency Supplemental Technical Provisions (Section 00 74 00). j. Standard Drawings k. Standard Plans i. City of Carlsbad Standard Drawings. ii. Carlsbad Municipal Water District Standard Drawings. iii. City of Carlsbad modifications to the San Diego Area Regional Standard Drawings. iv. Traffic Signal Design Guidelines and Standards. v. State of California Department of Transportation Standard Plans. vi. California Manual on Uniform Traffic Control Devices (CA MUTCD). l. “Greenbook” (Standard Specifications for Public Works Construction). m. Reference Specifications. 2. When additional small business/minority/women-owned/veteran or other special requirements by funding sources are included in the Contract Documents, the funding source’s requirements shall govern. a. With reference to the Drawings, the order of precedence shall be as follows: Figures govern over scaled dimensions. b. Detail Drawings govern over general Drawings. c. Addenda and Change Order Drawings govern over Plans. d. Plans govern over Standard Drawings. 3. When a conflict exists between the ADA requirements of Title 24, and the Agency Supplemental Provisions, the most restrictive requirement shall be followed. ADD the following: 3-7.3 Red-lines and Record Documents. 3-7.3.1 General. 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 95 of 308 1. The Contractor shall, at no charge to the Agency, provide copies of all records in the Contractor’s or Subcontractor’s possession pertaining to the Work that the Engineer may request. 2. The Contractor shall keep the Red-lines current with entries checked by the Engineer before the Work is covered. Contractor’s failure to update and deliver Red-lines information monthly to the Engineer for review and approval may result in the withholding of monthly progress payments. 3. The Contractor shall note the source identification, such as RFI numbers and Change Order numbers, as required identifying the source of the change to the Contract Documents. 4. The Contractor shall deliver the Red-lines to the Engineer upon completion of the Construction Work. 5. The Contractor shall legibly annotate a full-size set of Plans daily, in red ink, to record additions, deletions or changes to the Work and changes in location, elevation or character of the Work not otherwise shown or noted in the Contract Documents. This “redline” set of drawings shall be kept on the Job Site, shall be used only as a record set, and shall be delivered to the Engineer within 10 Calendar Days of completion of the Work. Contractor shall immediately give written notice of any conflicts between these documents to the Engineer. 6. As-built information shall represent field measurements, approved Shop Drawings, Working Drawings, samples, product data, and other pertinent data discovered during the performance of the Work. The Contractor shall note the source of the change such as RFI or Change Order numbers, as required. The Contractor shall clearly record additions or changes in the Work and depth of underground facilities by dimensioning from 2, known, fixed points. 7. Payment for Record Drawings and Documents shall be included in the various Bid items and no additional payment will be made therefore. 3-7.3.2 Asset Specific Red-lines. 1. Utility Red-lines: Utility Red-lines shall show any changes from the Plan for the following: a. Horizontal and vertical bends b. Changes in pipe material or pressure class c. Isolation valves d. Insulating joints e. Blow off valves by stationing and offsets. f. Air vacuum valves by stationing and offsets. g. Water and recycled water meter boxes replaced. h. Water sampling stations i. Cathodic test stations j. Locations of all sewer laterals and cleanouts. k. Items abandoned in place following dewatering operation. 2. Building Red-lines: Building Red-lines shall show any changes from the Plans for the following: 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 96 of 308 a. Location by dimension and the depth by elevation of underground lines, valves, plugged tees, and capped ends. b. By dimension or scale Plans, wiring, conduits, and pull boxes as installed. c. Information necessary to maintain and service concealed items of Work. d. Dimensional changes to the Drawings. e. Revisions to details shown on the Drawings. f. Depths of foundations below the first floor. g. Locations and depths of underground utilities. h. Revisions to the routing of piping and conduits. i. Revisions to electrical circuitry. j. Actual equipment locations. k. Duct size and routing. l. Locations of concealed internal utilities. m. Changes made by Change Orders. n. Details not shown on original Plans. 3. SWPPP: a. Upon completion of construction, the Contractor shall submit the SWPPP and all its appendices, records, reports, maps and records of permanent BMPs to the Engineer with the Red-lines. 3-7.3.3 Payment. 1. The payment for Red-lines Drawings shall be included in the Contract Price. ADD the following: 3-7.4 Measurement and Dimensions. 1. Scaled dimensions are approximate. Before ordering materials or commencing the Work, the Contractor shall measure the Site for proper size and fit and verify dimensions and quantities by taking measurements in the field. Contractor shall be responsible for their accuracy. 3-8 SUBMITTALS 3-8.2 Working Drawings. (This section not used) 3-8.3 Shop Drawings. ADD the following: 1. Shop Drawings shall be submitted electronically to the Agency. 3-8.4 Supporting Information. ADD the following: 1. The Contractor shall submit samples of the materials with cut sheets of the products. The Contractor shall organize cut sheets for review and approval by the Engineer prior to use on the Project and identify deviation from any of the specified material clearly, including cut sheets and samples of both the specified material and basis for the substitution. Included should be the Agency’s Project Name, Project Number, and the Engineer’s name, Contractor Name, and Submittal Number and clearly indicate the specific product to be used. 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 97 of 308 2. When photos of material are required, they shall be clear in resolution, identify the specific item for review, and shall indicate the name of the item, source, and date taken. The material shown in the photo shall be currently available for use on the Project. 3. Test sections (“Mock ups”) of materials as required in the Special Provisions shall be accepted by the Engineer before proceeding with the Work. 4. 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 10 Calendar Days of completion of the Work. Payment for performing the Work required by Section 2-5.4 shall be included in the various Bid items and no additional payment will be made therefore. 3-8.6 Manufacturer’s Operation, Maintenance, and Warranty Instructions. To sentence (1), DELETE in its entirety and SUBSTITUTE with the following: For each pre-manufactured product covered by a manufacturer’s warranty, Contractor shall submit 1 electronic copy and 3 bound original or legal copies prior to acceptance of the Contract. 3-9 SUBSURFACE DATA (This section not used) 3-10 SURVEYING (This section not used) 3-11 CONTRACT INFORMATION SIGNS (This section not used) 3-12 WORK SITE MAINTENANCE 3-12.1 General. ADD the following: 1. Maintain Site improvements including any temporary facilities, equipment, or other materials. Remove graffiti encountered on the Site within 24 hours. See also SECTION 400 - PROTECTION AND RESTORATION. 2. As a condition of Final Payment, the Contractor shall submit a signed and notarized affidavit stating that all brush, trash, debris, and surplus materials resulting from this Project have been disposed of in a legal manner. The cost of disposal is the Contractor’s responsibility. 3. The Contractor shall provide and maintain enclosed toilets for the use of their employees. Toilets must be kept in a neat and sanitary condition and ensure that they comply with all applicable laws, ordinances, and regulations pertaining to public health and sanitation of dwellings and camps. The cost of such is the Contractor’s responsibility. 4. If required in the Special Provisions, the Contractor shall provide and maintain enclosed toilets for the use of the Agency’s and Contractor’s officers, employees, or agents. Toilets must be kept in a neat and sanitary condition and ensure that they comply with all applicable laws, ordinances, and regulations pertaining to public health and sanitation of dwellings and camps. The cost of such is the Contractor’s responsibility. 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 98 of 308 5. The Contractor shall maintain drainage within and through the work areas. Earth dams will not be permitted in paved areas. Temporary dams of sandbags, asphaltic concrete, or other acceptable material will be permitted, when necessary, by the SWPPP and/ or BMP plan. Such dams shall be removed from the Site as soon as their use is no longer necessary. 6. Work Site maintenance shall be conducted on non-workdays when increased levels of maintenance are deemed necessary, in the opinion of the Engineer, to preserve the health safety or welfare of the public and or to comply with applicable regulations. 7. Disposal of all rubbish and surplus materials is incidental to Work Site maintenance. Disposal shall be made off the Site and shall be in accordance with: a. Local codes and ordinances that govern locations and methods of disposal. b. All applicable safety laws. c. Requirements of Subpart H, Section 1926.252 of the OSHA Safety and Health Standards for Construction. 8. Work Site maintenance is considered incidental to the items of work that they are associated with and no additional payment will be made. 9. Cleanup and Dust Control. Throughout all phases of construction, including suspension of the Work, and until the final acceptance, the Contractor shall keep the Site clean and free from rubbish and debris. The Contractor shall also abate dust nuisance by cleaning, sweeping, and sprinkling with water, or other means as necessary. The use of water resulting in mud on public streets will not be permitted as a substitute for sweeping or other methods. 3-12.2 Air Pollution Control. ADD the following: 1. Contractor shall carry out effective measures whenever and as often as necessary to prevent Contractor’s operation from producing dust in amounts damaging to property, cultivated vegetation, domestic animals, or causing a nuisance to persons living or occupying buildings in the vicinity. Contractor shall be responsible for any damage resulting from any dust originating from Contractor’s operations. The dust abatement measures shall be continued until Contractor is relieved of further responsibility by the Engineer. 2. Contractor shall adhere to Air Pollution Control District County of San Diego regulations for equipment used on the Job Site. 3-12.3 Noise Control. ADD the following: 1. All internal combustion engines used in the Work shall be equipped with mufflers in good repair and are subject to the City Noise Control Ordinance, Carlsbad Municipal Code Chapter 8.48. 3-12.4 Storage of Equipment and Materials. 3-12.4.1 General. ADD the following: 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 99 of 308 1. Equipment and material storage shall be confined to areas approved by the Engineer. Disposal of all rubbish and surplus materials shall be at the Contractor’s expense. 2. 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. 3. Materials shall be delivered to the Work Site only during Working Hours, 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. 4. Prior to storage of any materials which have been shipped to or by the Contractor to any location within the City’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. 5. 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. Storage of hazardous wastes, construction equipment material, and parking and fueling of equipment shall not occur in biologically sensitive areas. 6. 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 is 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. 7. The Contractor shall furnish and maintain in good condition all equipment and facilities as required for the proper execution and inspection of the Work. Such equipment and facilities shall meet all requirements of applicable ordinances and laws. 8. Restore the storage area to an equal or better condition as deemed necessary by the Engineer and at no additional cost to the Agency. 10. When required by the Engineer, the Contractor shall furnish and operate a self-loading motor sweeper with spray nozzles at least once each Working Day for the purpose of keeping paved areas acceptably clean wherever construction, including restoration, is incomplete. 11. Materials and equipment shall be removed from the Site as soon as they are no longer necessary. Before the final inspection, the Site shall be cleared of equipment, unused materials, and rubbish so as to present a satisfactory clean and neat appearance. All cleanup costs shall be included in the Contractor’s Bid. 12. Care shall be taken to prevent spillage on haul routes. Any such spillage shall be removed immediately, and the area cleaned. 13. Excess excavation material from catch basins or similar structures shall be removed from the Site immediately. Sufficient material may remain for use as backfill if permitted by the Specifications. Forms and form lumber shall be removed from the Site as soon as practicable after stripping. 14. Failure of the Contractor to comply with the Engineer’s cleanup orders may result in an order to suspend Work until the condition is corrected. No additional compensation will be allowed because of such suspension. 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 100 of 308 15. Cleanup and dust control required in the Contract shall also be executed on weekends and other non-Working Days when needed to preserve the health safety or welfare of the public. The Contractor shall conduct effective cleanup and dust control throughout the duration of the Contract. The Engineer may require increased levels of cleanup and dust control that, in his/her sole discretion, are necessary to preserve the health, safety and welfare of the public. Cleanup and dust control shall be considered incidental to the items of Work that they are associated with and no additional payment will be made for them. 16. Vermin Control. At the time of acceptance, structures entirely constructed under the Contract shall be free of rodents, insects, vermin, and pests. Necessary extermination work shall be arranged and paid for by the Contractor as part of the Work within the Contract time and shall be performed by a licensed exterminator in accordance with requirements of governing authorities. The Contractor shall be liable for injury to persons or property and responsible for the elimination of offensive odors resulting from extermination operations. 17. Temporary Light, Power, and Water. The Contractor shall furnish, install, maintain, and remove all temporary light, power, and water at its own expense. These include piping, wiring, lamps, and other equipment necessary for the Work. The Contractor shall not draw water from any fire hydrant (except to extinguish a fire), without obtaining permission from the water agency concerned. The Contractor shall obtain a construction meter for water used for the construction, plant establishment, maintenance, cleanup, testing and all other work requiring water related to this Contract. The Contractor shall contact the appropriate water agency for requirements. The Contractor shall pay all costs of temporary light, power and water including hookup, service, meter and any, and all, other charges, deposits and/or fees for them. These costs shall be considered incidental to the items of Work that they are associated with and no additional payment will be made for them. 3-12.4.2 Storage in Public Streets. DELETE in its entirety and SUBSTITUTE with the following: 1. Construction materials shall not be stored in streets, roads, or highways for more than 5 Calendar Days after unloading. All materials not installed or used in construction within 5 Calendar Days after unloading shall be stored at a location approved by the Engineer. 2. Construction equipment shall not be stored at the Work Site before its actual use nor for more than 5 Calendar Days after it is no longer needed. Time necessary for repair or assembly of equipment may be authorized by the Engineer. 3. Excavated material, except that which is to be used as backfill in the adjacent trench, shall not be stored in public streets unless otherwise permitted. Immediately after placing backfill, all excess material shall be removed. 4. The Contractor shall not store equipment for traffic control in right of way. ADD the following: 3-12.4.3 Storage and Staging Areas. 1. The City has designated a staging location in close proximity to the Project, as shown in Attachment A, that the Contractor may utilize for their use. Additional storage and staging areas are the Contractor’s responsibility. The storage and staging areas shall be as close as 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 101 of 308 possible to the Site. Contractor is responsible for obtaining any permits, leases, or any other items necessary to obtain staging areas. 2. Storage of hazardous wastes, construction equipment material, and parking and fueling of equipment shall not be allowed in the MHPA or other biologically sensitive areas. Ensure the fueling of vehicles occurs only within designated staging areas using appropriate catch basins and devices. 3. Return the storage and staging area and the adjacent area to an equal or better condition as deemed necessary by the Engineer, at no additional cost to the Agency. 4. The Contractor shall provide the Engineer a copy of the lease agreement for any property to be used for the storage of materials or equipment prior to delivery or storage of any materials or equipment. Each lease agreement shall clearly state the term of the lease and a description of the materials or equipment allowed to be stored and shall provide for the removal of the materials or equipment and restoration of the storage site within the time allowed for the Work. 5. Construction equipment shall not be stored at the Work Site before its actual use on the Work nor for more than 5 Calendar Days after it is no longer needed. Time necessary for repair or assembly of equipment may be authorized by the Engineer. 3-12.6 Water Pollution Controls 3-12.6.2 Best Management Practices (BMPs). ADD the following: 1. Contractor shall submit a BMP plan as a submittal to the Agency. 3-12.6.3 Storm Water Pollution Prevention Plan (SWPPP). ADD the following: 1. The Project is expected to require a Tier 1 SWPP. The Contractor shall evaluate the requirements for the preparation of a SWPPP for Work within the City’s boundary by reviewing the Determination of SWPPP Tier Level and Construction Threat Level (form E-32), attached as Attachment B. 2. The Contractor shall review the criteria requiring the preparation of a SWPPP conforming with the State Water Resources Control Board Order No. 2022-0057-DWQ, NPDES General Permit No. CAS000002, Waste Discharge Requirements for Discharges of Storm Water Runoff Associated with Construction and Land Disturbance Activities (the Construction General Permit or CGP). The CGP and other information are available at: https://www.waterboards.ca.gov/water_issues/programs/stormwater/constpermits.shtml 3. If the Agency has not prepared a SWPPP for the Project and the Project is subject to coverage under the CGP, the Contractor shall prepare and implement the SWPPP conforming with the CGP requirements. 4. The Contractor shall comply with all requirements of the approved SWPPP and the CGP including implementation during construction by a QSP, The Contractor shall provide all information necessary for the Agency to obtain coverage under the CGP during the electronic 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 102 of 308 submittal of Permit Registration Documents and supporting data necessary for the filing of the storm water Notice of Intent and Notice of Termination. The Contractor shall be responsible for conducting all monitoring and inspections and filing all reports required by and in accordance with the CGP. 3-12.6.5 Payment. DELETE in its entirety and SUBSTITUTE with the following: 1. Unless otherwise specified, payment for water pollution control, including implementation and maintenance of BMPs, shall be considered as included in the Contract Unit Price for each item in the Bid. Payment for dewatering shall be as specified in the Special Provisions. ADD the following: 3-12.7 Vermin Control. 1. The Site and structures constructed under the Contract shall be kept free of rodents, insects, vermin, and pests. Necessary extermination work shall be arranged and paid for by the Contractor as part of the Work within the Contract time and shall be performed by a licensed exterminator in accordance with requirements of governing authorities. The Contractor shall be liable for injury to persons or property and responsible for the elimination of offensive odors resulting from extermination operations. 3-13 COMPLETION, ACCEPTANCE, AND WARRANTY 3-13.1 Completion. DELETE in its entirety and SUBSTITUTE with the following: 1. The Contractor shall comply with the following prior to requesting a Pre-Final inspection of the Work and filing of a written assertion that the Work has been completed: a. Provide completed and signed redline drawings and record documents including installation, maintenance and operation instructions, manuals and/or tools for installed equipment. b. Provide and properly label all keys for existing facilities or new permanent work. c. Provide all items specified to be supplied as extra stock and spare parts. Wrap, seal, or place in a container all items as necessary to allow for storage by the Agency for future use. Verify the specified quantities. d. Provide all final Special Inspection reports and certifications required by equipment manufacturers to demonstrate compliance with applicable codes and standards. e. Obtain any required certifications from the Engineer of Record for permanent BMPs. f. Comply with all requirements of permits issued by jurisdictional agencies. g. Remove temporary facilities from the Site. h. Thoroughly clean the Site and remove all mark-outs and construction staking. 2. The Agency Inspector will schedule the Pre-Final inspection within 5 Working Days of receipt of the Contractor’s request. The Inspector will generate a list of deficiencies (Punchlist) within 5 Working Days after the Pre-Final inspection. 3. The Contractor shall have 30 Working Days to correct the deficiencies and provide a written response to each Punchlist item. The Inspector will review the corrective work within 5 Working Days of receipt of the Contractor’s written response to each Punchlist item. Any 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 103 of 308 outstanding deficiencies will be considered incomplete Work and the Punchlist will be returned to Contractor. Full payment will not be made for any Bid item with outstanding deficiencies and a Final Inspection will not be scheduled until all deficiencies are completed to the satisfaction of the Inspector. 4. The Contractor shall submit a request for Final Inspection which shall include a written assertion that the Work has been completed in accordance with the Contract Documents and a written response describing the corrective Work completed for all punch list items identified in the Pre-Final inspection(s). The request for Final Inspection will not be considered without the Contractor’s written response to the punch list items. The Inspector will schedule the Final Inspection within 10 Working Days of receipt of the Contractor’s request and invitees will include the Construction Manager, Engineer and representatives from agencies or utility companies having jurisdiction over the Work. The Contractor’s attendance is mandatory. 5. If, in the Engineer’s judgment, the Work has been completed in accordance with the Contract Documents, the Engineer will set forth in writing the date the Work was completed. This will be the date when the Contractor is relieved from responsibility to protect and maintain the Work, and to which liquidated damages will be computed. ADD the following: 3-13.1.1 Requirements Before Requesting a Walk-through. 1. The following items are required prior to requesting a Walk-through: a. Remove temporary facilities from the Site. b. Thoroughly cleaning the Site and removing all mark outs and construction staking. c. Provide completed and signed Red-lines in accordance with Contract Document requirements. d. Provide all material and equipment maintenance and operation instructions and/or manuals. e. Provide all tools which are a permanent part of the equipment installed in the Project. f. Provide and properly identify all keys for construction and all keys for permanent work. g. Provide all final Special Inspection reports required by the applicable building code. h. Provide all items specified to be supplied as extra stock. Wrap, seal, or place in a container all items as necessary to allow for storage by the Agency for future use. Verify the specified quantities. i. Ensure that all specified equal opportunity (if applicable) and certified wage rate documentations covering the Contract Time have been submitted. j. Provide the spare parts for the proposed irrigation system as specified in the Special Provisions. 2. Contractor shall notify the Engineer to arrange a final inspection of permanent BMPs installed and shall obtain the completed, signed, and stamped DS-563 Form 30 Calendar Days prior to the issuance of the Notice of Completion. ADD the following: 3-13.1.2 Walk-through and Punchlist Procedure. 1. When Contractor considers that the Work and Services are complete, notify the Engineer in writing that the Project is complete and request that the Contractor and the Engineer perform 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 104 of 308 a Walk-through for the generation of a Punchlist. Contractor shall notify the Engineer at least 7 Working Days in advance of the Walk-through. 2. The Engineer will first determine if the Project is ready for a Walk-through by verifying whether the Contractor have completed all items as required by 3-13.1.1, “Requirements Before Requesting a Walk-through.” 3. The Engineer shall facilitate the Walk-through. 4. Contractor shall make Plans, specifications, and technical data, such as submittals and equipment manuals, available at the Site for the Walk-through attendees. 5. The Engineer will provide the Contractor with the Punchlist within 15 Working Days after the date of the Walk-through and submit it to the Contractor. The Agency shall not provide a preliminary Punchlist. 6. If the Engineer finds that the Project is not substantially complete as defined in the Contract, the Engineer will terminate the Walk-through and notify the Contractor in writing. 7. If, at any time during the Engineer’s evaluation of the corrective Work required by the Punchlist, the Engineer discovers that additional corrective Work is required, the Engineer may include that corrective Work in the Punchlist. Contractor shall remain solely responsible for the Project Site until the Project is completely operational, all Punchlist items have been corrected, and all operation and maintenance manuals have been accepted by the Agency. 8. The Engineer shall meet with the Contractor until all Punchlist items are corrected. If Contractor takes longer than 30 Working Days to complete the corrective Work, the Project shall be subject to re-evaluation. 9. Upon acceptance of the Work, Contractor shall assemble and deliver to the Engineer all records, documents, warranties, material certifications, bonds, guarantees, maintenance and service agreements, and maintenance and operating manuals. Written warranties, except manufacturer’s standard printed warranties, shall be on a letterhead addressed to the Contractor. Warranties shall be submitted in the format described in this section, modified as approved by the Agency, to suit the conditions pertaining to the warranty. 3-13.2 Acceptance DELETE in its entirety and SUBSTITUTE with the following: 1. Acceptance of the Work will occur after all the requirements of the Contract Documents have been fulfilled. If, in the Engineer’s judgment, the Contractor has fully performed the Contract, the Engineer will recommend to the City Manager for the City of Carlsbad or Executive Manager for the Carlsbad Municipal Water District that the Contractor’s performance of the Contract be accepted. Upon such certification by the Engineer, the City Manager or Executive Manager may accept the Work. Upon the acceptance of the Work by the City Manager or Executive Manager, a “Notice of Completion” will be filed in the office of the San Diego County Recorder. The date of recordation shall be the date of acceptance of the Work. 2. Once the “Notice of Completion” has been recorded, the Engineer will release the retention. 3-13.3 Warranty. DELETE in its entirety and SUBSTITUTE with the following: 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 105 of 308 1. Contractor shall warranty and repair all defective materials and workmanship for a period of 2 years. This warranty period shall start on the date the Work was recorded by the “Notice of Completion” unless the Agency has beneficial use of the Project (excluding water, sewer, and storm drain projects). In addition, Contractor shall warranty the Work against all latent and patent defects for a period of 10 years. The Contractor shall warranty metal finishes and joint sealant work for a period of 20 years, and fiber cement siding for 25 years. The Contractor shall warranty the upper roof system and metal roofing system for a period of 30 years, and the mechanical equipment built-up roof area for a period of 25 years, per the terms, conditions and limitations included in Attachment C – City Roof Warranty and the documents shall be signed, notarized, and returned to the City upon completion of the contract work. 2. The warranty period for specific items covered under manufacturers’ or suppliers’ warranties shall commence on the date they are placed into service at the direction of or as approved by the Engineer in writing. 3. All warranties, express or implied, from Subcontractors, manufacturers, or suppliers, of any tier, for the materials furnished and work performed shall be assigned, in writing, to the Agency, and shall be delivered to the Engineer prior to the acceptance of the Contractor’s performance of the Contract. 4. Replace or repair defective materials and workmanship in a manner satisfactory to the Engineer after notice to do so from the Engineer and within the time specified in the notice. If Contractor fails to make such replacements or repairs within the time specified in the notice, the Agency may perform the replacement or repairs at Contractor’s expense. If Contractor fails to reimburse the Agency for the actual costs, Contractor’s Surety shall be liable for the cost. 5. If, during the warranty period, any item of the Work is found to be Defective Work, Contractor shall correct it promptly after receipt of written notice from the Agency to do so. The warranty period shall be extended with respect to portions of the Work corrected as part of the warranty requirements. ADD the following: 3-13.3.1 Defective Work. 1. If the Engineer finds any part of the Work, to be defective or not in compliance with the Contract Documents, the Contractor shall correct the Defective Work in accordance with the Engineer’s written instructions and within the specified time limits. 2. The Engineer may order Contractor to stop all or part of the Project if, upon notice, Contractor fails to immediately correct the Defective Work in conformance with the Contract Documents. The Contractor bears all direct and indirect costs and damages that result from the Agency’s Stop Work notice. 3. The Engineer may determine in its sole discretion to accept Defective Work instead of having the Contractor correct the Defective Work. However, the Contractor will still be financially responsible for the Defective Work. The Engineer shall issue a deductive Change Order and will incorporate the necessary revisions in the Contract Documents for the Defective Work, the diminished value to the Project, or for the cost to repair the Defective Work. 4. If the Contractor fails to correct Defective Work within the specified time limits, the Engineer may correct the Contractor’s Defective Work. The Agency has the right to correct any 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 106 of 308 Defective Work without notice in the event of an emergency. Contractor shall bear all direct and indirect costs of the Defective Work that the Agency corrects. 5. When undertaking remedial action under this section, the Agency may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor’s Work and or services, and incorporate into the Project all materials and equipment stored at the Site or for which the Agency has paid but Contractor has stored elsewhere. 6. For Building Projects which require a certificate of occupancy, not including sewer and water facilities, if the Contractor fails to correct the Defective Work listed on the Agency’s Punchlist within 30 Working Days in accordance with 6-1.1, “Construction Schedule,” the Contractor shall reimburse the Agency for all costs to provide inspection services required to monitor the Contractor’s Work beyond the 30 Working Days. The Agency shall bill the Contractor for the additional inspection at the Agency’s established rates. 7. If the Contractor completes the Project or portions of the Project prior to NOC, the Contractor shall preserve equipment by developing and implementing a preventive maintenance program in compliance with manufacturer’s recommendations. ADD the following: 3-13.3.2 Warranty Format Requirements. 1. Written warranties, except manufacturer’s standard printed warranties, shall be on the Contractor’s and Contractor’s agents’, material suppliers’, installers’, or manufacturers’ own letterhead, addressed to and for the Agency’s benefit. Submit warranties in the format described in this section, modified as approved by Engineer to suit the conditions pertaining to the warranty. 2. The Contractor shall obtain warranties, executed in triplicate by responsible Subcontractors and Suppliers, within 10 Working Days after completion of the applicable item of Work. Except for items put into use with the Engineer’s permission with date mutually agreed upon in writing, ensure that the beginning time of the warranty is the Project completion date. 3. The Contractor shall verify that the documents are in proper form, contain full information, and are notarized. 4. The Contractor shall verify that warranties are signed by both the Contractor and the appropriate party. 5. The Contractor shall provide warranties to the Engineer with a neatly typed table of contents, identifying each warranty with the number and title of the applicable specification section requiring the warranty and the name of the product or work item. 6. The Contractor shall separate each warranty with index tab sheets keyed to the table of contents listing. Provide complete information using separate typed sheets as necessary. The information shall include a list of Subcontractors and Suppliers with the name, address, and telephone number of the responsible principals. 3-13.3.3 Long-Term Warranty Contract (LTWC). (This section not used) ADD the following: 3-14 PARTNERING 1. Contractor may request the formation of a formal partnering relationship (Partnering) by submitting a request in writing to the Engineer after approval of the Contract. If Contractor’s request for Partnering is approved by the Engineer, scheduling of a Partnering workshop, 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 107 of 308 selecting the Partnering facilitator and workshop, selecting the Partnering facilitator and workshop site, and other administrative details shall be as agreed to by both Parties. 2. The establishment of a Partnering shall not change or modify the terms and conditions of the Contract and shall not relieve either party of the legal requirements of the Contract. 3. The goals of Partnering include the following: a. The Engineer and Contractor’s representatives, including Contractor’s Subcontractors, actively working together as partners. b. Avoidance of destructive confrontation and litigation among the parties. c. Mutual understanding on how the Work is to be conducted. d. Establishment of mutual key results to facilitate Project success. e. Establishment of an atmosphere of teamwork, trust, and open communication. 3-14.1 Payment. 1. The payment for providing a facilitator and a workshop site shall be borne equally by the Agency and Contractor. Contractor shall pay in advance all compensation for the costs of the facilitator and for the costs of obtaining the workshop site. 2. Unless a Bid item has been provided for “Partnering,” the Agency’s share of such costs shall be reimbursed to Contractor as Extra Work. Markups shall not be added. Other costs associated with the Partnering relationship shall be borne separately by the party incurring the costs. ADD the following: 3-15 PUBLIC CONVENIENCE 1. The Contractor shall provide and maintain safe and adequate pedestrian and vehicular access to fire hydrants; hospitals; police and fire stations; commercial and industrial establishments including churches, schools and parking lots; service stations; public transportation; pedestrian crossing; motels and establishments of similar nature. Access shall be continuous and unobstructed unless otherwise approved by the Engineer. 2. The Contractor shall provide access for emergency vehicles and mail delivery and trash collection services. The trash hauling schedule can be obtained by contacting Republic Services at Customer Support | Republic Services. 3. The Contractor shall post “No Parking” signs 72 hours in advance of the Work. The signs shall state the date and time of parking restriction for a duration not to exceed the time necessary to complete the Work at that location. If the Work is delayed or rescheduled, the signs shall be removed and re-posted 72 hours in advance of the rescheduled Work. 4. Payment for public convenience shall be considered as included in the Contract Price for each item in the Bid and no additional payment will be made. ADD the following: 3-16 SITE ACTIVITIES BY THE AGENCY OR SEPARATE CONTRACTORS 3-16.1 The Agency’s Right to Award Separate Contracts. 1. The Agency reserves the right to perform work or operations outside the Scope of Work of the Contract related to the Project with Agency Forces, Separate Contractors, or both. If work to be performed by another party was not noted in the Contract, the Agency shall give written notice to Contractor 10 Working Days prior to the start of any Work. If Contractor determines that the work being performed by the Agency or others may interfere with or cause damage 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 108 of 308 to Work being performed by Contractor, notify the Engineer in writing within 3 Working Days of the Engineer’s notice. 3-16.2 Integration of the Work with Separate Contractors. 1. When specified in the Contract Documents, prepare a plan to integrate the work performed by Separate Contractors, Agency Forces, or both with the performance of the Work and submit the plan to the Engineer for approval. The plan shall be fair and reasonable for Contractor and the Separate Contractors. Work with Separate Contractors to reach an agreement for the prepared plan. Arrange the performance of the work so that the Work and the work of the Separate Contractors are, to the extent applicable, properly integrated and jointed in a manner that avoids any damage to the Work or to the work of the Separate Contractors. 3-16.3 Coordination. 1. Coordinate Contractor’s activities and the Schedule with the activities and schedules of the Separate Contractors and make any revisions to the Schedule deemed necessary to avoid any disruption to the Work or to the work of the Separate Contractors. 3-16.4 Use of Site. 1. Provide the Agency and the Separate Contractors reasonable opportunities for the storage of materials and equipment and performance of their work. Connect and coordinate work and operations with the work and operations of the Agency and the Separate Contractors as required by the Contract Documents. 2. Coordinate traffic control with the Separate Contractors for other projects and minimize the impact to the community. Prior to the start of construction, submit Contractor’s plan for coordination. 3-16.5 Deficiency in Work of Separate Contractors. 1. If part of Contractor’s Work depends on proper execution or results upon construction or operations by the Agency or a Separate Contractor, prior to proceeding with that portion of the Work, promptly report to the Separate Contractor and the Engineer any apparent discrepancies or defects in construction that would render it unsuitable for proper execution and results. Use good faith efforts to resolve any such discrepancies or defects or any related disagreements. Contractor’s failure to report constitutes Contractor’s acceptance of the Work of Separate Contractors as fit, proper, and coordinated with the Work. 3-16.6 Payment. 1. Payment for reporting deficiencies, coordinating, and resolving discrepancies shall be included in the Contract Price. SECTION 4 – CONTROL OF MATERIALS 4-1 PROTECTION ADD the following: 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 109 of 308 1. The Contractor shall repair or replace any equipment and materials in the event of vandalism, damage, or theft at no additional cost to the Agency. 2. The Contractor shall be responsible for the protection of public and private property adjacent to the Work and shall exercise due caution to avoid damage to such property. 3. All costs to the Contractor for protecting, removing, and restoring existing improvements shall be included in the Bid. 4. 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. The Contractor shall determine the location and depth of all utilities, including service connections, which have been marked by the respective owners and which may affect or be affected by its operations. If no pay item is provided in the Contract for this Work, full compensation for such Work shall be considered as included in the prices Bid for other items of Work. 6. The Contractor shall not interrupt the service function or disturb the support of any utility without authority from the owner or order from the Agency. All valves, switches, vaults, and meters shall be maintained readily accessible for emergency shutoff. 7. Where protection is required to ensure support of utilities located as shown on the Plans or in accordance with Section 5-1, the Contractor shall, unless otherwise provided, furnish, and place the necessary protection at its expense. 8. Upon learning of the existence and location of any utility omitted from or shown incorrectly on the Plans, the Contractor shall immediately notify the Engineer in writing. When authorized by the Engineer, support or protection of the utility will be paid for. 9. The Contractor shall immediately notify the Engineer and the utility owner if any utility is disturbed or damaged. The Contractor shall bear the costs of repair or replacement of any utility damaged if located. 10. When placing concrete around or contiguous to any non-metallic utility installation, the Contractor shall at its expense: a. Furnish and install a 2-inch cushion of expansion joint material or other similar resilient material; or b. Provide a sleeve or other opening which will result in a 2-inch minimum-clear annular space between the concrete and the utility; or c. Provide other acceptable means to prevent embedment in or bonding to the concrete. 11. Where concrete is used for backfill or for structures which would result in embedment, or partial embedment, of a metallic utility installation; or where the coating, bedding or other cathodic protection system is exposed or damaged by the Contractor’s operations, the Contractor shall notify the Engineer and arrange to secure the advice of the affected utility owner regarding the procedures required to maintain or restore the integrity of the system. 12. Unless otherwise specified, the Contractor shall remove all interfering portions of utilities shown on the Plans or indicated in the Bid documents as “abandoned” or “to be abandoned in place.” Before starting removal operations, the Contractor shall ascertain from the Agency 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 110 of 308 whether the abandonment is complete, and the costs involved in the removal and disposal shall be included in the Bid for the items of Work necessitating such removals. 13. When feasible, the owner is responsible for utilities within the area affected by the Work will complete their necessary installations, relocations, repairs, or replacements before commencement of Work by the Contractor. When the Plans or Specifications indicate that a utility installation is to be relocated, altered, or constructed by others, the Agency will conduct all negotiations with the owners and work will be done at no cost to the Contractor, except for manhole frame and cover sets to be brought to grade as provided in the Contract Documents. Utilities which are relocated to avoid interference shall be protected in their position and the cost of such protection shall be included in the Bid for the items of Work necessitating such relocation. 14. After award of the Contract, portions of utilities which are found to interfere with the Work will be relocated, altered, or reconstructed by the owners, or the Engineer may order changes in the Work to avoid interference. Such changes will be paid. 15. When the Plans or Specifications provide for the Contractor to alter, relocate, or reconstruct a utility, all costs for such Work shall be included in the Bid for the items of Work necessitating such Work. Temporary or permanent relocation or alteration of utilities requested by the Contractor for its convenience shall be its responsibility and it shall make all arrangements and bear all costs. 16. The utility owner will relocate service connections as necessary within the limits of the Work or within temporary construction or slope easements. When directed by the Engineer, the Contractor shall arrange for the relocation of service connections as necessary between the meter and property line, or between a meter and the limits of temporary construction or slope easements. The relocation of such service connections will be paid and will include the restoration of all existing improvements which may be affected by the relocation. The Contractor may agree with the owner of any utility to disconnect and reconnect interfering service connections. The Agency will not be involved in any such agreement. 17. Contractor shall coordinate the Work with utility agencies and companies. Prior to the installation of any and all utility structures within the limits of work by any utility agency or company, or its contractor, the Contractor shall place all curb or curb and gutter that is a part of the Work and adjacent to the location where such utility structures are shown on the Plans and are noted as being located, relocated or are otherwise shown as installed by others. In order to minimize delays to the Contractor caused by the failure of other parties to relocate utilities that interfere with the construction, the Contractor, upon the Engineer’s approval, may be permitted to temporarily omit the portion of Work affected by the utility. If such temporary omission is approved by the Engineer, the Contractor shall place survey or other physical control markers sufficient to locate the curb or curb and gutter to the satisfaction of the utility agency or company. Such temporary omission shall be for the Contractor’s convenience and no additional compensation will be allowed therefore or for additional work, materials or delay associated with the temporary omission. The portion thus omitted shall be constructed by the Contractor immediately following the relocation of the utility involved unless otherwise directed by the Engineer. 18. The Contractor shall notify the Engineer of its Construction Schedule insofar as it affects the protection, removal, or relocation of utilities. The notification shall be included as a part of 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 111 of 308 the Construction Schedule. The Contractor shall notify the Engineer in writing of any subsequent changes in the Construction Schedule which will affect the time available for protection, removal, or relocation of utilities. 19. The Contractor will not be entitled to damages or additional payment for delays attributable to utility relocations or alterations if correctly located, noted, and completed. 20. The Contractor may be given an extension of time for unforeseen delays attributable to unreasonably protracted interference by utilities in performing the Work correctly shown on the Plans. 21. The Agency will assume responsibility for the timely removal, relocation, or protection of existing main or trunkline utility facilities within the area affected by the Work if such utilities are not identified in the Contract Documents. The Contractor will not be assessed liquidated damages for any delay caused by failure of Agency to provide for the timely removal, relocation, or protection of such existing facilities. 22. The Contractor will be compensated for damages incurred due to delays for which the Agency is responsible or for delays attributable to interferences, relocations, or alterations not covered by the Contract Documents. These damages for delay will be determined by the Engineer. The Agency shall not be liable for damages which could have been avoided by the judicious handling of forces, equipment, or plant. These avoidable damages will be determined by the Engineer. The Engineer may grant Contractor an extension of time for damages due to delay. 23. When necessary, the Contractor shall so conduct its operations as to permit access to the Work Site and provide time for utility work to be accomplished during the progress of the Work. 4-2 INSPECTION 4-2.1 General ADD the following: 1. All costs of inspection at the source, including salaries and mileage costs, shall be paid by the Contractor. 2. Materials typically accepted by Certificate of Compliance shall not require inspection at the source unless specified in the Contract Documents. For a list of these items or materials, Contractor may refer to the Summary of Work. 3. Location changes to the source of materials requiring inspection without the required 24- hour notification may result in non-compliant material subject to rejection. Contractor shall be responsible for staff charges resulting from last minute changes or cancellations once staff has been deployed. The Engineer shall issue a deductive Field Order for a minimum of 2 hours of staff time to reimburse the Agency for misdirected staff charges. The Contractor shall be notified in writing of the additional staff charges incurred. 4. Agency staff or a qualified inspection agency approved by the Engineer shall witness all welding, lining, coating, and testing. Contractor shall incur additional inspection costs outlined in 4-2.3, “Inspection of Items Not Locally Produced.” 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 112 of 308 5. All parts of production (including but not limited to product fabrication, welding, testing, lining, and coating of straight pieces and specials) shall be performed or produced in the United States. 6. Welding and all testing shall be performed by certified welders and testing staff with credentials traceable in the United States. 7. 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 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. 4-2.3 Inspection of Items Not Locally Produced ADD the following: 1. The Engineer may elect Agency staff or Consultants to perform inspection of an out-of-town manufacturers. The Contractor shall incur additional inspection costs of the Engineer including lodging, meals, and incidental expenses based on Federal Per Diem Rates, along with travel and car rental expenses. If the manufacturing plant operates a double shift, a double shift shall be figured in the inspection costs. a. At the option of the Engineer, full time inspection shall continue for the length of the manufacturing period. If the manufacturing period will exceed 3 consecutive weeks, Contractor shall incur additional inspection expenses of the Engineer’s supervisor for a trip of 2 Working Days to the site per month. b. When the Engineer elects Agency staff or Consultants to perform out-of-town inspections, the wages of staff employed by the Agency shall not be part of the additional inspection expenses paid by Contractor. c. Federal Per Diem Rates can be determined at the location below: https://www.gsa.gov/portal/content/104877 2. Specialty Testing of Foreign Materials. a. Materials that are manufactured, produced, or fabricated outside of the United States shall be delivered to a distribution point in California, unless otherwise specified. Quality Control and related testing shall be performed to all applicable specified US standards. Manufacturer’s testing and staff certification shall be traceable to a United States regulatory agency. Retain the materials for a sufficient period of time to permit inspection, sampling, and testing. The Contractor shall not be entitled to an extension of time for acts or events occurring outside of, at point of entry, or during transport to the United States, unless the extension is acceptable to the Engineer. 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 113 of 308 ADD the following: 4-2.4 Specialty Inspection Paid for by the Contractor 1. Contractor shall employ and pay for the services of a qualified inspection agency to perform specialty inspection services as required by the Contract Documents. 2. The payment for the specialty inspection service Work shall be included under the Bid item for “Specialty Inspection Paid For By the Contractor.” 3. When an Allowance Bid item for “Specialty Testing Under the Direction of the Engineer” is provided, Contractor shall employ and pay for the services of a qualified third party independent laboratory to perform the required testing. Contractor shall be reimbursed for the cost of testing under this Bid item. 4. Contractor shall be reimbursed for the cost of specialty inspections when an Allowance Bid item is included in the Bid otherwise the cost is the responsibility of the Contractor if the manufacturer requires a specialty inspection service. 4-3 TESTING ADD the following: 1. Except as specified in these Special Provisions, the Agency will bear the cost of testing of locally produced materials and/or on-site workmanship where the results of such tests meet or exceed the requirements indicated in the Standard Specifications, Technical Specification, and any Supplemental Provisions. The cost of all other tests shall be borne by the Contractor. 2. 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. 4-4 TRADE NAMES ADD the following: 1. Whenever materials or equipment are indicated in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function, and quality required. 2. Unless stated otherwise, materials or equipment of other suppliers may be accepted if sufficient information is submitted to the Engineer for review to determine whether the material or equipment proposed is equivalent or equal to that named. 3. For reviews prior to Bid: a. The Engineer shall respond to Contractor’s substitution proposal by the last date for issuing an Addendum for the Contract. If the Engineer fails to respond to Contractor’s substitution proposal before the Bid due date, the substitution proposal shall be deemed denied. 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 114 of 308 b. Contractor may bring forward a substitution proposal after Award that was denied based on the Engineer’s failure to respond by submitting a Cost Reduction Proposal in accordance with 2-6.1, “Cost Reduction Proposal.” 4. Include the following information in the request for substitution: a. Whether or not acceptance of the substitute for use in the Work shall require a change in any of the Contract Documents to adopt the design to the proposed substitute. b. Whether or not incorporation or use of the substitute in connection with the Work is subject to the payment of any license fee or royalty. c. All variations of the proposed substitute from the items originally specified shall be identified. d. Available maintenance, repair, and replacement service requirements. The manufacturer shall have a local service agency within 50 miles (80.5 km) of the Site which maintains properly trained personnel and adequate spare parts and is able to respond and complete repairs within 24 hours. e. Certifications from the manufacturer or service provider that the proposed substitute shall perform the intended function adequately under the expected service conditions, achieve the results called for by the general design, and be similar and of equal substance to that indicated. 5. There is no guaranteed time frame for the Engineer’s review of the substitution requests. Any lack of action on the Engineer’s side within Contractor’s requested time does not constitute acceptance of the substitution. 6. If, in the opinion of the Engineer, substitute items are determined to be unsatisfactory in performance, appearance, durability, compatibility with existing equipment or systems, 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. 7. The burden of proof as to the type, function, and quality of any such substitute product, material or equipment shall be upon Contractor. The Engineer may require at Contractor’s expense additional data about the proposed substitute. 8. Acceptance by the Engineer of a substitute item does not relieve Contractor of the responsibility for full compliance with the Contract Documents. If the Engineer takes no exceptions to the proposed substitution, it shall not relieve Contractor from Contractor’s responsibility to the efficiency, sufficiency, quality, and performance of the substitute material or equipment in the same manner and degree as the material and equipment specified by name. 9. The Bid submittal shall be based on the material and equipment specified by name in the Contract. If the proposal is rejected by the Engineer, Contractor shall not be entitled to either an extension in Contract Time, an increase in the Contract Price, or both. 10. As applicable, no Shop Drawing or Working Drawing submittals shall be made for a substitute item nor shall any substitute item be ordered, installed, or utilized without the Engineer’s prior written approval. 11. 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 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 115 of 308 repair parts and suitability of application the Contractor shall remove the substituted item and replace it with the originally specified item at no cost to the Agency. 4-5 WEIGHING AND METERING EQUIPMENT REPLACE the first paragraph with the following: All scales and metering equipment used for proportioning materials shall be inspected for accuracy and certified within the past 12 months by the State of California Bureau of Weights and Measures, by the County Director or Sealer of Weights and Measures, or by a scale mechanic registered with or licensed by the County. SECTION 5 – LEGAL RELATIONS AND RESPONSIBILITIES 5-1 LAWS AND REGULATIONS ADD the following: 1. The Contractor shall strictly adhere to the provisions of the Labor Code regarding minimum wages; the 8-hour day and 40-hour week; overtime; Saturday, Sunday, and holiday work; and prohibitions against discrimination, harassment, and retaliation. The Contractor shall forfeit to the Agency the penalties prescribed in the Labor Code for violations. 2. Each worker shall be paid subsistence and travel as required by the collective bargaining agreement on file with the State of California Department of Industrial Relations. 3. The Contractor’s attention is directed to Labor Code Section 1776 which imposes responsibility upon the Contractor for the maintenance, certification, and availability for inspection of such records for all persons employed by the Contractor or Subcontractor in connection with the Project. The Contractor shall agree through the Contract to comply with this Section and the remaining provisions of the Labor Code. 4. 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 Fish and Game Code Section 1601 or 1603, the conditions established in Fish and Game Code Section 1601 et seq. shall become conditions of the Contract. 5-3.3 Payroll Records. ADD the following: 1. The Contractor and its Subcontractors shall maintain and furnish to the Agency, at a designated time, a certified copy of each weekly payroll reflecting the wages containing all of Contractor’s and Subcontractors’ employees engaged in the Work and a statement of compliance signed under penalty of perjury. 5-3.4 Hours of Labor ADD the following: 1. Unless otherwise approved in writing by the Engineer, the hours of work shall be between the hours of 7:00 AM and 4:00 PM on Mondays through Fridays, excluding Agency holidays. The Contractor shall obtain the written approval of the Engineer if the Contractor desires to 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 116 of 308 work outside these 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 stated hours and/or days when, in his/her sole opinion, such work conducted by the Contractor is beneficial to the best interests of the Agency. The Contractor shall pay the inspection costs of such work. 2. The Contractor shall incorporate the dates, areas and types of work prohibited in this section in the Construction Schedule. No additional payment, adjustment of bid prices or adjustment of contract time of completion will be allowed as a consequence of the prohibition of work being performed within the dates, areas and/or types of work prohibited in this section. 5-4 INSURANCE 5-4.1 General. ADD the following: 1. 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 by the Contractor, his or her agents, representatives, employees or Subcontractors. The insurance shall meet the City’s policy for insurance as stated in City Council Policy No. 70. a. Coverages and Limits: Contractor shall maintain the types of coverages and minimum limits specified in these Agency Supplemental General Provisions (00 73 00): i. Commercial General Liability (CGL) Insurance: Insurance written on an “occurrence” basis, including products-completed operations, personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. ii. Business Automobile Liability Insurance: $2,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the Contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. iii. Workers’ Compensation and Employers’ Liability Insurance: Workers’ compensation limits as required by the Labor Code 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 Contract with the exception of Workers’ Compensation and Business Automobile Liability Insurance contain, or are endorsed to contain, the following provisions. i. The Agency, its officials, employees and volunteers must be covered as additional insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, leased, hired or borrowed by the Contractor. The 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 117 of 308 coverage shall contain no special limitations on the scope of protection afforded to the Agency, its officials, employees or volunteers. All additional insured endorsements must be evidenced using separate documents attached to the certificate of insurance; 1 for each company affording general liability, and employers’ liability coverage. ii. The Contractor’s insurance coverage shall be primary insurance as respects the Agency, its officials, employees and volunteers. Any insurance or self- insurance maintained by the Agency, its officials, employees or volunteers shall be in excess of the Contractor's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Agency, its officials, employees or volunteers. iv. 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 Contract shall be endorsed to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage or limits except after 10 Calendar Days’ prior written notice has been sent to the Agency 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 Agency. At the option of the Agency, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the Agency, 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 Contract shall contain a waiver of all rights of subrogation the insurer may have or may acquire against the Agency or any of its officials or employees. f. Subcontractors. Contractor shall include all Subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each Subcontractor. Coverages for Subcontractors shall be subject to all of the requirements stated in these Agency Supplemental General Provisions (00 73 00). g. Acceptability of Insurers. Insurance must be placed with insurers that have a rating in Best’s Key Rating Guide of at least A-:VII. Insurers must also be authorized to transact the business of insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a listing in the official publication of the Department of Insurance of the State of California and/or under the standards specified by City Council Policy No. 70. h. Verification of Coverage. Contractor shall furnish the Agency 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 Agency and are to be received and approved by the Agency before the Contract is executed by the Agency. 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 118 of 308 i. Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below unless the Risk Manager or City Manager or Executive Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor’s indemnification obligations under this Contract. Agency, its officers, agents, and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Contract are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor’s sole expense. The full limits available to the named insured shall also be available and applicable to the Agency as an additional insured. j. Cost of Insurance. The Cost of all insurance required under this Contract shall be included in the Contractor’s Bid. 5-6 PATENTS FEES AND ROYALTIES. DELETE in its entirety and SUBSTITUTE with the following: 1. Contractor shall pay, at no additional cost to the Agency, all applicable royalties and license fees arising from the Work. Contractor shall indemnify and defend all claims and lawsuits for infringement of patent, trademark, and copyright against the Agency and shall hold the Agency harmless from any loss. 5-7 SAFETY 5-7.1.1 General. ADD the following: 1. The Contractor shall respond and initiate corrective action in accordance with OSHA and within 24 hours of the notice of the nonconforming Work that poses an imminent threat to person or property. 2. 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. ADD the following: 5-7.1.3 Health and Safety Plan (HSP). 1. The Contractor is ultimately responsible for the health and safety of Contractor’s employees. These specifications shall not be construed to limit Contractor’s liability nor to assume that the Agency, its employees, or designees shall assume any of Contractor’s liability associated with Site safety considerations. 2. Contractor shall have a HSP in effect at least 1 week prior to the commencement of the Work. The HSP shall comply with all OSHA and other applicable requirements. 3. The HSP shall specifically address procedures and protocols that shall be followed to monitor for or respond to the presence of hazardous atmosphere, possibility for engulfment, gasses due to organic soils or proximity to landfills, exposure to hazardous products such as may be released when grinding, cutting, or torching galvanized or painted surfaces or asbestos 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 119 of 308 containing materials, contaminated soil, and groundwater. Identify response actions that shall be taken when these conditions are encountered. 4. The Agency shall not assume any role in determining the adequacy of the HSP on Contractor’s behalf. 5-7.3 Use of Explosives. (This section not used) 5-7.7 Security and Protective Devices. 5-7.7.1 General. DELETE in its entirety and SUBSTITUTE with the following: 1. Security and protective devices shall consist of fencing, railing, steel plates, or other devices for the protection of workers or the public from hazards posed by open excavations or any work in progress. Security and protective devices shall remain in place until the Work is accepted. 2. Unless otherwise specified, no separate or additional payment will be made for security and protective devices. Payment shall be included in the Contract price for the various Bid items requiring such devices. ADD the following: 5-7.7.3 Playground Safety. (This section not used) 5-7.7.2 Security Fencing (This section not used) 5-7.8 Steel Plate Covers (This section not used) ADD the following: 5-8 INDEMNIFICATION AND HOLD HARMLESS AGREEMENT 1. Contractor agrees to defend, indemnify, and hold harmless Agency, its affiliated and subsidiary entities, and its elected and appointed officials, officers, directors, managers, employees and agents (“Indemnified Parties”) from and against all claims asserted, liability established, or judgments for damages or injuries to any person or property, including to Contractor’s officers, employees, agents, or subcontractors, arising directly or indirectly out of the Work, which arise from, are connected with, or are caused or claimed to be caused by the acts or omissions of Contractor, its officers, employees, agents or subcontractors. Contractor’s duty to defend, indemnify, and hold harmless shall not include any claims or liabilities arising from the sole negligence or sole willful misconduct of the Indemnified Parties. Contractor further agrees that its duty to defend includes all attorney fees and costs associated with enforcement of this indemnification provision, defense of any claims arising from this Contract, and, where a conflict of interest exists or may exist between Contractor and Agency, the reasonable value of attorney fees and costs if Agency chooses, at its own election, to conduct its own defense or participate in its own defense of any claim related to this Contract. 2. Contractor shall also defend and indemnify the Indemnified Parties against any challenges to the Award of the Contract to Contractor, and Contractor will pay all costs, including defense costs for the Agency. Defense costs include the cost of separate counsel for the Indemnified Parties, if the Indemnified Parties request separate counsel. 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 120 of 308 3. Contractor shall also defend and indemnify the Indemnified Parties 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 Agency. Defense costs include the cost of separate counsel for the Indemnified Parties, if the Indemnified Parties request separate counsel. 4. Contractor shall defend, indemnify, protect and hold the Indemnified Parties harmless from and against any dispute between Contractor and Contractor’s Subcontractors if the Indemnified Parties are made a party to any judicial or administrative proceeding. ADD the following: 5-9 CONFLICT OF INTEREST 1. Establish and make known to Contractor’s employees appropriate safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by desire for private gain for themselves or others and particularly those with whom they have family, business, or other relationships. Project personnel shall not accept gratuities or any other favors from Subcontractors or potential Subcontractors. 2. Contractor is subject to all federal, state, and local conflict of interest laws, regulations, and policies applicable to public contracts and procurement practices (Government Code Sections 1090 et. seq. and 81000 et. seq., the Agency’s Ordinances, and the City of Carlsbad Municipal Code). If, in performing the Work, Contractor makes or participates in a “governmental decision” in accordance with Title 2, Section 18701, subdivision (a)(2) of the California Code of Regulations, or performs the same or substantially all the same duties for Agency that would otherwise be performed by an Agency employee holding a position specified in the Agency’s conflict of interest code, Contractor shall be subject to a conflict of interest code requiring the completion of 1 or more statements of economic interests disclosing Contractor’s relevant financial interests. 3. Statements of economic interests shall be made on Fair Political Practices Commission Form 700 and filed with the City of Carlsbad’s City Clerk. Contractor shall file a Form 700 (Assuming Office Statement) within 30 Calendar Days of the Agency’s written determination that Contractor shall be subject to a conflict of interest code and file a Form 700 (Annual Statement) on or before April 1st disclosing any financial interests held during the previous calendar year for which Contractor was subject to a conflict of interest code. 4. If the Agency requires Contractor to file a statement of economic interests as a result of the Work performed, Contractor shall be considered an “Agency Official” for conflict of interest purposes, including the prohibition against lobbying the Agency for 1 year following the expiration or termination of the Contract. 5. Contractor’s personnel employed on the Project shall not accept gratuities or any other favors from any Subcontractors or potential Subcontractors. Contractor shall not recommend or specify any product, supplier, or other Contractor with whom Contractor has a direct or indirect financial or organizational interest or relationship that would violate conflict of interest laws, regulations, or policies. 6. If Contractor violates any conflict of interest laws or any of these conflict of interest provisions, the violation shall be grounds for immediate termination of this Contract. Further, 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 121 of 308 the violation subjects Contractor to liability to the Agency for all damages sustained as a result of the violation. ADD the following: 5-10 ELECTRONIC COMMUNICATION 1. When specified in the Contract Documents, Contractor shall post all communications addressed to the Engineer concerning construction including RFIs, submittals, daily logs, and transmittals to the Project management website established for the Project. The Contractor shall maintain a list of scheduled activities including planned and actual execution dates for all major construction activities and milestones defined in the approved Schedule. The Contractor shall review and act on all communications addressed to the Contractor in the Project management website. A user’s guide to the Project management system may be available on the City’s website and shall be provided to Contractor at the Pre-construction Meeting. 2. The payment for electronic communications shall be included in the Contract Price. ADD the following: 5-11 STATUTORY REFERENCES 1. All references in these Agency Supplemental General Provisions (00 73 00) to any statute, rule or regulation are to the statute, rule or regulation as amended, modified, supplemented, or replaced from time to time by the corresponding legislative or regulatory body. SECTION 6 – PROSECUTION AND PROGRESS OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK ADD the following: 1. A Payment for the Construction Schedule shall be included in the Contract Price and no separate payment will be made, therefore. 6-2 PROSECUTION OF WORK ADD the following: 1. As soon as possible under the provisions of the Specifications, the Contractor shall backfill all excavations and restores to usefulness all improvements existing prior to the start of the Work. 2. When a Subcontractor fails to prosecute a portion of the Work in a manner satisfactory to the Agency, Contractor shall remove such Subcontractor immediately upon written request of the Agency, and shall request approval of a replacement Subcontractor to perform the Work in accordance with the Subletting and Subcontracting Fair Practices Act (Pub. Contract Code, § 4100 et seq.) at no added cost to the Agency. ADD the following: 6-2.1 Order of Work. 1. The Contractor shall incorporate the requirements of the city, utility companies or agencies having jurisdiction over the Work in accordance with 2-4 Cooperation and Collateral Work, including any phasing requirements identified on the Plans or Special Provisions. 2. If construction and demolition operations are within an active public space, the Contractor shall submit a phasing plan to the Engineer to accommodate accessibility to the public and 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 122 of 308 Agency staff. Phasing plan must be approved before Work starts. Phasing plan will be considered part of the mobilization Bid item and shall include any revisions or implementation of the Plan. ADD the following: 6-2.2 Moratoriums. (This section not used) 6-3 TIME OF COMPLETION 6-3.1 General. ADD the following: 1. Unless otherwise specified in the Contract, the time of completion of the Contract shall be expressed in Working Days. 2. The number of Working Days specified for the walk-through, preparation, and the completion of Punchlist items until acceptance shall be included in the stipulated Contract Time. 3. The Contractor shall obtain the written approval of the Engineer to perform any Work outside of normal Work hours. This approval must be obtained at least 48 hours prior to commencement of such Work. The Contractor shall pay any additional costs for inspection or testing of such Work. 4. Work that is required by the Engineer to occur outside of normal Work hours will be identified in the Special Provisions. 5. The Contractor shall not perform Work during moratoriums per 6-2.2 or during any periods of restriction identified in agency permits or Project environmental documents and shall include all such schedule constraints in the Construction Schedule. 6. No additional payment or adjustment of Bid item prices or adjustment of Contract Time will be made for the Contractor’s inability to work outside of normal Work hours if Contractor’s request is denied by the Engineer or during prohibited periods. 7. Contractor’s schedule shall plan for a minimum of 2 weeks after final walk-through to receive a final punch list from the Agency. Punch list items can be worked on during this 2-week period. 6-4 DELAYS AND EXTENSIONS OF TIME 6-4.1 General. ADD the following: 1. The Agency shall only grant an extension of time if the Extra Work or unforeseen condition impacts the Project’s critical path. All requests for an extension in Contract Time for any Extra Work or unforeseen event shall be demonstrated by using the CPM. No other scheduling method shall be used to calculate the Project’s schedule. 6-4.2 Extensions of Time. DELETE in its entirety and SUBSTITUTE with the following: 1. The Contract Time shall be modified only by Change Order. 2. Contractor shall immediately submit to the Agency a written request for a Change Order to modify the Contract Time, but in no event later than 1 Working Day after the occurrence and 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 123 of 308 discovery of the events giving rise to the request. Contractor shall include in Contractor’s request a general description of the basis for and the estimated length of any extension and submit supporting data, including a time impact analysis setting forth the claimed Critical Path impacts to the Construction Schedule consistent with Section 1.14 (Change Orders, Delays, and Extensions of Time). 3. The Engineer shall not grant an extension of Contract Time unless Contractor demonstrates, through an analysis of the critical path, the following: a. The event causing the delay impacted the activities along the Project’s critical path. b. The increases in the time to perform all or part of the Project beyond the Contract Time arose from unforeseeable causes beyond Contractor’s control and without Contractor’s fault or negligence. c. All Project float has been used. 4. The Engineer shall issue a weekly document that stipulates the Contract Time. If Contractor does not agree with this document, Contractor shall submit to the Engineer for review a written protest supporting Contractor’s objections to the document within 15 Working Days after receipt of the weekly document. Contractor’s failure to file a timely protest shall constitute Contractor’s acceptance of the Engineer’s weekly document. a. Contractor’s protest will be considered a claim for time extension and shall be subject to 2-10.1, “Claims.” 6-4.4 Written Notice and Report. DELETE in its entirety and SUBSTITUTE with the following: 1. Contractor’s failure to file with the Engineer a written request and report of cause within 24 hours will be considered grounds for refusal by the Agency to consider such request. 2. The Contractor shall provide written notice to the Engineer within 2 hours after the beginning of the delay, or when 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 worker and supervisor and the make and model of all equipment placed on standby, the cumulative duration of the standby, the Contractor’s opinion of the cause of the delay and a cogent explanation of why the Contractor could not avoid the delay by reasonable means. Should the Contractor fail to provide the notice(s) required by this section the Contractor agrees that no delay has occurred and that it will not submit any claim(s) therefore. 3. The request for payment or extension must be made at least 15 Calendar Days prior to the specified completion date. Failure by the Contractor to provide notices and reports as specified in the Contract will be considered grounds for refusal by the Agency to consider such request. 6-6 SUSPENSION OF THE WORK 6-6.1 General. ADD the following: 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 124 of 308 1. During periods when the Work is suspended, Contractor shall be prepared for any emergency Work that shall be supervised by Contractor’s representative. 6-7 TERMINATION OF THE CONTRACT FOR DEFAULT 6-7.1 General. DELETE in its entirety and SUBSTITUTE with the following: 1. Prior to the Acceptance of the Work, Contractor shall be found in default of the Contract if: a. Contractor becomes insolvent, assign Contractor’s assets for the benefit of Contractor’s creditors, are unable to pay Contractor’s debts as they become due, or are otherwise financially unable to complete the Work. b. Contractor abandons the Work by failing to report to the Site and by failing to diligently execute the Work to completion. c. Contractor disregards written instruction from the Engineer or materially violates provisions of the Contract Documents. d. Contractor fails to execute the Work according to the Schedule approved by the Engineer. e. Contractor disregards laws or regulations of any public body having jurisdiction. f. Contractor commits continuous or repeated violations of regulatory or statutory safety requirements. g. Contractor fails to notify the Engineer upon discovery of items of Native American, Archaeological, or Paleontological interests. 2. Notices and other written communications regarding default between the Contractor, the Agency, and the Surety shall be transmitted in accordance with 5- 2, “SPECIAL NOTICES.” 6-8 TERMINATION OF THE CONTRACT FOR CONVENIENCE. DELETE in its entirety and SUBSTITUTE with the following: 1. At any time, the Agency may at its sole discretion terminate this Contract in whole or in part. If the Agency decides to terminate this Contract for convenience, the Agency shall issue a written notice of termination for convenience in accordance with 5-2, “SPECIAL NOTICES.” Upon receipt of this notice, Contractor shall immediately proceed as follows: a. Stop Work immediately or in accordance with the Notice of Termination. b. Notify Subcontractors and Suppliers to immediately cease their Work and place no further subcontracts for materials, services, or facilities except as necessary to complete any authorized continued portion of the Contract. c. Terminate all subcontracts to the extent that they relate to the Work terminated. d. With approval by the Engineer, settle all outstanding obligations arising from the termination of subcontracts. This approval shall be final for the purposes of this section. e. As directed by the Engineer, transfer and deliver completed or partially completed drawings, plans, calculations, specifications, and any other documents and records that, if the Contract had been completed, would be required to be furnished to the Agency. 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 125 of 308 f. Complete the performance of the Work not terminated. g. Take all necessary steps and actions to minimize all costs to the Agency as a result of the termination. h. Take any action that may be necessary or that the Engineer may direct for the protection and preservation of the property related to the Contract that is in Contractor’s possession and in which the Agency has or may acquire an interest. 6-8.1 Termination Cost. 1. The Agency shall determine and pay Contractor the fair and reasonable amounts for Contractor’s termination cost as follows: a. The Contract Price for completed services accepted by the Engineer not previously paid or adjusted for any saving of freight and other charges. b. The fair and reasonable cost of settling and paying termination settlements for terminated subcontracts that are chargeable to the terminated portion of the Contract. c. The Agency shall pay Contractor a prorated amount of profit for Work that Contractor performed. The Agency shall not pay for lost profit on Work that was not performed by Contractor. 6-8.2 Termination Settlement. 1. After termination, Contractor shall submit a final termination settlement proposal to the Engineer no later than 3 months from the effective date of termination, unless extended in writing by the Engineer. 2. If Contractor fails to submit the proposal within the time allowed, the Agency may determine and pay the fair and reasonable amount that may be due Contractor as a result of the termination. If Contractor does not agree that the amount determined by the Engineer is fair and reasonable, Contractor must notify the Engineer within 30 Calendar Days of receipt of payment. 6-8.3 Determination of Amount Due the Contractor. 1. In determining the amount due Contractor, the Agency shall deduct the following: a. The fair value of property destroyed, lost, stolen, or damaged that has become undeliverable to the Agency. b. Any claim which the Agency has against Contractor under the Contract. 6-8.4 Records and Documents Relating to Termination. 1. The Engineer will file an Agreement of Mutual Rescission of Contract with the Board. Once the Agreement is executed and a Notice of Completion is recorded, retention can be released. 2. Unless otherwise specified or required by statute, Contractor shall maintain all records and documents relating to the terminated portion of the Contract for 3 years after final settlement. This includes all books and other evidence bearing on Contractor’s costs, expenses, and settlement under the Contract. Contractor shall make these records and documents available to the Agency, at Contractor’s office, at all reasonable times, without any direct charge. If approved by the Engineer, Contractor may maintain photographs, 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 126 of 308 microphotographs, and other authentic reproductions instead of original records and documents. 6-8.5 The Agency’s Right to Terminate or Suspend for Loss of Project Funds. 1. The Agency may terminate or suspend the Contract at its sole discretion if the State of California or its agents render the funds being used to fund this Project unavailable. If the Agency chooses to suspend the Contract, that suspension shall last until funds are identified and approved by the Board, whichever is appropriate, to be used to complete this Project. If the Agency elects under this provision to terminate the Contract, then neither Party is entitled to compensation from the other Party for any costs arising from such termination. The Agency may also elect to terminate after invoking a suspension under this provision. 6-9 LIQUIDATED DAMAGES DELETE in its entirety and SUBSTITUTE with the following: 1. Contractor’s failure to complete the Work within the time allowed shall result in damages being sustained by the Agency. Such damages are, and shall continue to be, impracticable and extremely difficult to determine. For each consecutive Working Day in excess of the time specified for the completion of the Work, as adjusted in accordance with 6-4, “DELAYS AND EXTENSIONS OF TIME,” Contractor shall pay to the Agency, or have withheld from monies due it, the sum described in the table below, along with any other damages that may be sustained by the Agency during the Project, unless otherwise specified in the Special Provisions. 2. The execution of the Contract shall constitute agreement between Contractor and the Agency that the liquidated damage amount described in the table below is the value of the damage caused by Contractor’s failure to complete the Work within the allotted time. Such sum shall not be construed as a penalty and may be deducted from Contractor’s payments if such delay occurs. Contract Value Liquidated Damage Daily Amount $100,000 and more $1,000 3. Any progress payments made to Contractor after the specified completion date shall not constitute a waiver of payment for damages sustained by the Agency under this section. ADD the following: 6-10 RIGHT TO AUDIT 6-10.1 General. 1. The Agency retains the right to review, audit, reasonably access Contractor’s and all Contractor’s Subcontractor’s premises to review and audit Contractor’s compliance with the provisions of the Contract. This includes the right to inspect, photocopy, and retain copies, outside of Contractor’s premises, of all records with appropriate safeguards if such retention is deemed necessary by the Agency in its sole discretion. The Agency will keep this information in strictest confidence. 2. Contractor shall include the Agency’s right to audit in its subcontracts and ensure that these specifications are binding upon all Subcontractors. 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 127 of 308 6-10.2 Audit. 1. The right to audit includes the right to examine any and all books, records, documents, and any other evidence of procedures and practices that the Agency determines is necessary to discover and verify that Contractor are in compliance with all requirements under the Contract. 2. If there is a claim for additional compensation or for changes in Work, the right to audit also includes the right to verify all direct and indirect costs which are claimed to have been incurred, anticipated to be incurred, or for which a claim for additional compensation or for changes in the Work have been submitted. 3. Contractor shall maintain complete and accurate records in accordance with generally accepted accounting practices in the construction industry. Contractor shall also make available to the Engineer for review and audit all Project-related accounting records and documents and any other financial data. Upon the Engineer’s request, Contractor shall submit exact duplicates of originals of all requested records to the Engineer. 6-10.3 Compliance Required Before Mediation and Litigation. 1. As a condition precedent to proceeding with mandatory mediation and further litigation under 2-10.2, “Dispute Resolution Process” Contractor shall comply with the audit specifications within 60 Calendar Days of the Engineer’s notice to review and audit compliance. See 5-2, “SPECIAL NOTICES.” 6-10.4 Access to Records on Federally Funded Projects. 1. Contractor shall retain all records, books, papers, and documents directly pertinent to the Contract for a minimum of 5 years after the Agency makes final payments and all other pending matters are closed and shall allow access to those records to the Agency, the Federal grantor agency, the Comptroller General of the United States, or any duly authorized representatives. SECTION 7 – MEASUREMENT AND PAYMENT Units of Measurement. The system of measure for this contract shall be the U.S. Standard Measures. 7-2 LUMP SUM WORK ADD the following: 7-2.1 Schedule of Values (SOV). 1. Submit a SOV for the lump sum Bid items of the Work to the Engineer for review and approval at the pre-construction meeting. 2. The SOV shall: a. Subdivide the Work into its respective parts. b. Include values for all items comprising the Work. c. Serve as the basis for monthly progress payments. 3. The Engineer is the sole judge of acceptable numbers, details, and description of values established. If, in the opinion of the Engineer, a greater number of SOV items than proposed by Contractor is necessary, add the additional items identified by the Engineer. When requested by the Engineer, provide substantiating data in support of the SOV. 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 128 of 308 4. The Contractor shall develop the SOV independently but simultaneously with the development of the Schedule activities and logic. Incorporate phase funding impacts, if applicable, into the Schedule. 5. The Contractor shall break down the Work not specifically included in the Bid as necessary for establishment of cost and Schedule activity. 6. The Contractor shall update and submit these listings in conjunction with the Schedule monthly submittals. 7. The Contractor shall incorporate issued Change Orders or Field Orders in the Schedule into the SOV as single units identified by the Change Order or Field Order number. 8. Changes to the Schedule which add activities not included in the original Schedule but included in the original Work (schedule omissions) shall have values assigned as accepted by the Engineer. Other activity values shall be reduced to provide equal value adjustment increases for added activities as accepted by the Engineer. 9. In the event that the Contractor and the Engineer agree to make adjustments to the original SOV because of inequities discovered in the original accepted SOV, increases and equal decreases to values for activities may be made. 10. The payment for the preparation of the SOV shall be included in the Contract Price. 7-3 PAYMENT 7-3.1 General. To paragraph (8), DELETE in its entirety and SUBSTITUTE with the following: If, within the time fixed by law, a properly executed notice to stop payment is filed with the Agency, due to the Contractor’s failure to pay for labor or materials used in the Work, all money plus 25 percent due for such labor or materials will be withheld from payment in accordance with applicable laws. At the expiration of 30 Calendar Days from the date of recording the NOC, the amount deducted from the final estimate and retained by the Agency shall be paid to Contractor except such amounts as are required by law to be withheld by properly executed and filed notices to stop payment. ADD the following: 1. Unless specified otherwise, the Contract Price includes use, consumer, and other taxes mandated by applicable legal requirements. The Contract Price is not subject to adjustment for tax increases. 2. As provided in California Public Contract Code Section 7105, if the Contract is not financed by revenue bonds, Contractor is not responsible for the cost of repairing or restoring damage to the Project when damage was proximately caused by an Act of God, in excess of 5% of the Contract Price, if the following occur: a. The damaged portion of the Project was built in accordance with the Contract requirements. b. There are no insurance requirements in the Contract for the damages. 3. Guarantee periods shall not be affected by any payment but shall commence on the date of recordation of the Notice of Completion. 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 129 of 308 7-3.2 Partial and Final Payment. To paragraph (5), DELETE in its entirety and SUBSTITUTE with the following: Pursuant to Public Contract Code Section 22300, Contractor shall have the option, at Contractor’s expense, to substitute for any money withheld by the Agency, securities equivalent to the amount being withheld. Securities eligible for such substitution are bank or savings and loans certificates of deposit or such securities which are eligible for investment pursuant to Government Code Section 16430. As to any such security or securities so substituted for monies withheld, Contractor shall be the beneficial owner of same and shall receive any accrued interest. Such security shall, at Contractor’s request and expense, be deposited with the Agency or with a State or Federally Chartered bank as the escrow agent who shall pay such monies to Contractor upon notification by the Engineer that payment can be made. Such notification shall be given at the expiration of 30 Calendar Days from the date of NOC, or as prescribed by law, provided however, that there shall be a continued retention of the necessary securities to cover such amounts as are required by law to be withheld by properly executed and filed notices to stop payment, or as may be authorized by the Contract to be further retained. ADD the following: 1. After final inspection, the Engineer will make a Final Payment Estimate and process a corresponding payment. This estimate will be in writing and shall be for the total amount owed the Contractor as determined by the Engineer and shall be itemized by the Contract Bid item and Change Order item with quantities and payment amounts and shall show all deductions made or to be made for prior payments and amounts to be deducted under provisions of the Contract. All prior estimates and progress payments shall be subject to correction in the Final Payment Estimate. The Contractor shall have 30 Calendar Days from receipt of the Final Payment Estimate to make a written statement disputing any Bid item or Change Order item quantity or payment amount. The Contractor shall provide all documentation at the time of submitting the statement supporting its position. Should the Contractor fail to submit the statement and supporting documentation within the time specified, the Contractor acknowledges that full and final payment has been made for all Contract Bid items and Change Order items. If the Contractor submits a written statement with supporting documents within 30 Calendar Days from receipt of the Final Payment Estimate, the Engineer will review the disputed item within 30 Calendar Days and make any appropriate adjustments on the Final Payment. Remaining disputed quantities or amounts not approved by the Engineer will be subject to resolution as specified in Section 2-10.1.1, Initiation of Claim. The written statement filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of the disputed items. The Engineer will consider the merits of the Contractor’s claims. It will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 130 of 308 Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying payment for the disputed items. 2. Final Payment and release of Retention shall be paid after Contractor submits the following: a. An affidavit that payrolls and bills for materials, equipment, and other indebtedness connected with the Work for which the Agency or the Agency’s property might be responsible for or encumbered by. Fewer amounts withheld by the Agency shall have been paid for or otherwise satisfied. b. A certificate evidencing that insurances required by the Contract Documents shall remain in force after Final Payment is currently in effect and shall not be canceled or allowed to expire until at least a 30 Calendar Days prior written notice has been given to the Engineer. c. Consent of Surety to Final Payment. d. If required by the Engineer, other data establishing payment or satisfaction of obligations such as receipts, releases and waivers of liens, claims, and security interests or encumbrances arising out of the Contract Documents. If a Subcontractor refuses to furnish a release or waiver required by the Agency, Contractor may furnish a bond satisfactory to the Engineer to indemnify the Agency against such lien. e. If required in the Contract Documents, the successful completion and submittal of the required reports such as construction demolition, waste recycling, and hydrostatic discharge reports. f. Required documentation, record drawings, operations manuals, test reports, warranty documentation, and UL labels shall be submitted before requesting the release of retention. ADD the following: 7-3.2.1 Application for Progress Payment. 1. By the 5th day of each month, sign, fill out, and submit to the Engineer a partial payment estimate that identifies acceptable Work performed during the previous month, or since the last partial payment estimate was submitted. If requested by the Engineer, provide such additional data as may be required to support the payment estimate. Such data may include submission of signed field orders and satisfactory evidence of payment for equipment, materials, and labor, including payments to Subcontractors and Suppliers. 2. For application for progress payments, Contractor shall use the format required by the Agency. An electronic copy of the invoice form is available from the Engineer upon request. Progress payments shall be signed, and the date of the invoice shall be the date that the invoice is submitted. 3. The Agency shall not pay progress or partial payments until Contractor submits to the Engineer an updated Schedule. It is solely the Contractor’s responsibility to prepare and submit the Schedule updates. 4. Disputed or incorrect applications shall be returned to the Contractor within 7 Calendar Days with documentation describing the reason for the rejection of the payment request. 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 131 of 308 ADD the following: 7-3.2.2 Amount of Progress Payments. 1. If an undisputed and properly submitted application for payment is received by the Engineer, the Agency shall pay Contractor within 30 Calendar Days after the Engineer receives the application for Payment consistent with Public Contract Code Section 20104.50. The Agency shall pay Contractor for the Work performed, including the payment for offsite stored materials per section 7-3.3.1.2, through the period covered by the application for payment if the payment amount before Retention does not exceed the percentage of completion of the Work as set forth in the SOV. ADD the following: 7-3.2.2.1 Progress Payment for Pipelines. (This section not used) ADD the following: 7-3.2.3 Waiver of Claims at Final Payment. 1. Contractor’s acceptance of Final Payment constitutes a waiver of affirmative claims by Contractor, except those previously made in writing and identified as unsettled at the time of Final Payment, which are expressly reserved by Contractor from operation of its Release of Claims pursuant to Public Contract Code Section 7100 or other Applicable Law. ADD the following: 7-3.2.4 Withholding of Payment and Back Charge. 1. The Engineer may withhold payment for any of the following reasons: a. Defective or incomplete Work. b. Stop notices, wage orders, or other withholdings required by Applicable Law. c. Contractor’s failure to comply with 5-3.3, “Payroll Records” and the Contractor Registration and Electronic Reporting System requirements of the Contract Documents. d. Failure to submit monthly Construction Schedule updates. 2. The Engineer may back charge the Contractor for any of the following reasons: a. Defective or incorrect Work not remedied. b. Damage to Agency property or a third party’s property that was caused by Contractor. c. Liquidated Damages. d. Non-attendance at meetings without prior cancellation notice. e. Failed inspections or re-inspections paid by the Agency. 7-3.3 Delivered Materials ADD the following: 7-3.3.1 Payment for Stored Materials on Site. ADD the following: 7-3.3.1.1 General. 1. When authorized, Contractor may request payment for materials and equipment which has not been incorporated into the Work but will be at a later date and will be delivered and stored at the Project Site. 2. The material shall meet the Contract requirements and the material’s required test results and certifications shall be filed with the Engineer. 3. Only non-perishable materials for major items of Work or Materials Subject to Price Adjustment shall be considered for payment for on-site storage. However, each individual item has a value of more than 1% of the Contract Price and shall become a permanent part of the Work. 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 132 of 308 4. Materials cost shall be evidenced by the manufacturer’s paid invoice bearing the statement that Contractor has paid all invoices in full. 5. The payments for the stored materials shall not exceed the invoice price or 60% of the Bid prices for the pay items into which the materials are to be incorporated, whichever is less, unless otherwise approved by the Engineer. 6. Apply for the payment for materials stored on a form provided by the Engineer and attach documentation to show the following: a. The amount paid on the invoice (or other record of production cost) for the stored items. b. The dollar amount of the material incorporated into each of the various Work items for the month. c. The amount that should be retained for stored materials. d. That Contractor has received the materials and equipment free and are clear of all liens, charges, secured interests, and encumbrances. e. That the materials and equipment are covered by the appropriate property insurance in accordance with the insurance provisions and other arrangements that protect the Agency’s interest. 7. Contractor shall provide the Engineer, upon request and prior to any partial payment, documentation which transfers full legal title to such materials to the Agency conditional only upon receipt of the Final Payment. Such transfer of title or any partial payment shall not constitute acceptance by the Agency of the materials nor shall it void the right to reject materials subsequently found to be unsatisfactory in accordance with SECTION 4 – CONTROL OF MATERIALS. This shall also not relieve Contractor of any obligation arising under the Contract Documents. 8. The payments for materials on-site are subject to retention as set forth in 7-3.2, “Partial and Final Payment.” 9. Contractor shall assume all risks associated with the loss or damage to the stored products for which payment has or has not been received. 10. Equipment and materials shall be stored in accordance with manufacturer’s recommendations. The stored products shall be in a form ready for installation. The Agency shall not pay for raw materials or parts and pieces of equipment. 11. Any and all surplus materials that are not incorporated in the Work shall become Contractor’s property at no additional cost to the Agency. 12. Unless specifically provided in the Contract, payment for the materials on hand shall not be included when determining the percentage of Work completed. 13. The cost of materials reported shall be at invoice or lowest current price at which such materials are locally available and delivered to the job site in the quantities involved, plus sales tax, freight, and delivery. The Agency reserves the right to approve materials and sources of supply, or to supply materials to the Contractor if necessary, for the progress of the Work. No markup shall be applied to any material provided by the Agency. ADD the following: 7-3.3.1.2 Payment for Stored Materials Offsite. 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 133 of 308 1. The payment of materials and equipment delivered and stored offsite shall be contingent upon Contractor’s compliance with the storage and protective maintenance requirements set forth in the Contract Documents and all other requirements necessary to preserve equipment warranties for the benefit of the Agency. 2. The Agency reserves the right to refuse approval for the payment of any equipment or materials suitably stored offsite in its sole discretion, regardless of whether all conditions in the Contract Documents have been met. 3. Partial payment may be made for products eligible for offsite delivery and storage only upon Contractor’s presentation of a bill of sale, a paid invoice, or an affidavit certifying that the material is received by the Contractor free and clear of all liens, encumbrances, and secured interest of any kind including offsite delivery. 4. Partial payment for products delivered and stored offsite shall be contingent upon Contractor’s compliance with the storage and protective maintenance requirements set forth in the Contract Documents and all other requirements necessary to preserve equipment warranties for the benefit of the Agency. 5. The cost of materials and equipment delivered but not incorporated into the Work will not be included in the progress estimate. 6. Costs associated with the delivery to and storage at an offsite facility shall be at Contractor’s expense regardless of the Engineer’s approval to deliver and store the materials. 7. Contractor shall provide written evidence to the Engineer of having made arrangements for unrestricted access by the Agency and the Agency’s authorized representatives to the materials wherever stored, including provisions for the Agency to take control and possession of such materials at any time and without restriction. Contractor shall furnish the Engineer a permit of entry, from the owner of the property, for at least 6 months after the NOC has been filed. The permit of entry shall contain information similar to the following: PERMIT OF ENTRY: Permission is granted to the Agency and its designated employees or agents to enter upon the property described in this permit for a period of not less than 6 months after the NOC has been filed for Calavera Hills Community Center Refurbishment for the purpose of removing materials for which advance materials on hand payment has been made to (Contractor’s Name). The property is owned by (Owner’s Name) and is described as follows: (Address and Description of Property). (Include signature(s) and date(s) for owner and lessee or purchaser, and, if appropriate, attach a copy of a warehouse receipt or contract for storage. 8. The material shall be clearly marked and identified as being specifically fabricated, produced, and reserved for use on the Project. The Contractor shall provide payment documentation for the materials. 7-3.4 Mobilization. ADD the following: 1. Mobilization consists of Work necessary for the movement of personnel, equipment, supplies, and incidentals to and from the Site; for establishment of all offices, buildings, storage yards, and other facilities necessary for the Work; and for all other Work and 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 134 of 308 operations which shall be performed prior to beginning the Work and after completion of the Work on the various Contract items on the Site. 2. Contractor shall properly design the Project parameters to incorporate construction mobility for moving on and off the Site in a manner that limits disturbance to the surrounding residences, businesses, and any other citizens. This includes the designated staging areas, loading areas, and assemblage areas. Contractor shall consider and address access rights of the public at all times. Prepare a mobilization plan that shall describe and govern Contractor’s mobilization activities. 3. When a Bid item has been provided for “Mobilization,” payment for mobilization Work shall be distributed equally over the first 2 progress payments up to the Bid amount of the “Mobilization” Bid item but shall not exceed 3% of the Contract Price. If Contractor’s Bid item for “Mobilization” exceeds 3% of the Contract Price, then anything above 3% of the Contract Price shall be paid as a part of the Final Payment. 4. The complete dismantling and removal of all of Contractor’s properties, temporary facilities, equipment, materials, construction wastes, and personnel at the Site referred to as demobilization is included in the payment for mobilization, unless there is a Bid item for demobilization. 5. If a separate Bid item has not been provided for mobilization, the payment for mobilization is included in the Contract Price. 7-3.5 Contract Unit Prices 7-3.5.1 General. ADD the following: 1. Should the actual quantity of an item of Work covered by a Contract Unit Price and constructed in conformance with the Plans and Specifications, exceed the Bid quantity by more than 50 percent, payment for the quantity in excess of 150 percent of the Bid quantity will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Section 2-8. The Extra Work per Section 2-8, basis of payment, shall not include fixed costs. Fixed costs shall be deemed to have been recovered by the Contractor through payment for 150 percent of the Bid quantity at the Contract Unit Price. 2. Should the actual quantity of an item of Work covered by a Contract Unit Price, and constructed in conformance with the Plans and Specifications, be less than 50 percent of the Bid quantity, an adjustment in payment will not be made unless so requested in writing by the Contractor. If the Contractor so requests, payment will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Section 2-8; however, in no case will payment be less than would be made for the actual quantity at the Contract Unit Price nor more than would be made for 50 percent of the Bid quantity at the Contract Unit Price. 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 135 of 308 ADD the following: 7-3.9 Field Orders. 1. The Agency shall pay Field Order items of the Work in accordance with the limits below if the cumulative total of Field Orders does not exceed the “Field Orders” Bid Item: Contract Price Maximum Field Order Amount $1,000,001 to $5,000,000 $10,000 ADD the following: 7-3.10 Compensation Adjustments for Price Index Fluctuations. (This section not used) 7-4 PAYMENT FOR EXTRA WORK 7-4.1 General. ADD the following: 1. With every request for payment, Contractor shall submit to the Engineer a breakdown showing monthly and cumulative amounts of the Work performed under the Change Order by Contractor and Contractor’s Subcontractors. The reporting format shall be approved by the Engineer. 2. When the price for the Extra Work cannot be agreed upon, the Agency will pay for the Extra Work based on the accumulation of costs. 7-4.2 Basis for Establishing Costs. 7-4.2.1 Labor. ADD the following: 1. The costs of labor will be the actual cost for wages of workers performing the Extra Work at the time the Extra Work is done, plus employer payments of payroll taxes, workers compensation insurance, liability insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs, resulting from federal, state, or local laws, as well as assessments or benefits required by lawful collective bargaining agreements. 2. The use of a labor classification which would increase the Extra Work cost will not be permitted unless the Contractor establishes the necessity for such additional costs. Labor costs for equipment operators and helpers shall be reported only when such costs are not included in the invoice for equipment rental. The labor cost for foremen shall be proportionate to all their assigned work and only that applicable to Extra Work will be paid. 3. Nondirect labor costs, including superintendence, shall be considered part of the markup of Section 7-4.2.1(1). 4. The Agency reserves the right to request the following: a. Financial records of salaries for an employee. b. Wage rates/Certified Payroll. c. Bonuses and deductions. 5. Contractor shall list the labor rates of its personnel and Subcontractors who work on the Project. The payment for payroll records is included in the Contract Price. 6. If Contractor’s proposal for Extra Work is based upon services and Work to be performed outside Normal Working Hours, the labor charges associated with the Extra Work shall consist 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 136 of 308 of straight time wages and burdens plus the appropriate overtime or shift premium with no additional burdens, such as fringe benefits, on the premium portion. 7-4.2.2 Tool and Equipment Rental. DELETE in its entirety and SUBSTITUTE with the following: 1. No payment shall be made for the use of tools which have a replacement value of $200 or less. 2. Regardless of ownership, the rates and delay factors to be used in determining equipment rental costs shall not exceed those listed in the latest edition of the Caltrans publication entitled “Labor Surcharge and Equipment Rental Rates” preceding the date the Work is accomplished. The latest edition of the Caltrans publication is available at www.dot.ca.gov. The 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. Contractor shall be entitled to a rental rate adjustment when Contractor can substantiate that the rental rates prevailing locally exceed the published rates by more than 15%. For equipment not listed in the Caltrans publication, rental rates shall not exceed listed rates prevailing locally at equipment rental agencies or distributors at the time the Work is performed. 4. Whenever possible, Extra Work shall be accomplished using equipment available on Site or owned by Contractor. If a specific piece of equipment shall be rented to be used exclusively for the Extra Work, the rental rate shall be the invoiced rate. The rental rates paid shall include the cost of fuel, oil, lubrication, supplies, small tools, necessary attachments, repairs and maintenance of any kind, depreciation, storage, insurance, and all incidentals. Necessary loading and transportation costs for equipment used on the Extra Work shall be included. 5. If rental equipment is not being used or used intermittently and could be returned to its rental source rather than holding it at the Work Site, the Contractor shall return the equipment at no expense to the Agency unless Contractor elects to keep it at the Work Site at Contractor’s expense. 6. The reported rental time for equipment already at the Work Site shall be the duration of its use on the Extra Work. This time shall begin when equipment is first used on Extra Work, plus the time required to move it from its previous site and back or from its previous site to a closer site. 7. All equipment shall be acceptable to the Engineer, in good working condition, and suitable for the purpose for which it is to be used. 7-4.2.3 Materials. (This section not used) 7-4.2.4 Invoices. Vendors’ invoices for material, equipment rental and other expenditures shall be submitted with the request for payment. If the request for payment is not substantiated by invoices or other documentation, the Agency may establish the cost of the item involved at the lowest price which was current at the time of the report. 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 137 of 308 7-4.3 Markup. 7-4.3.1 Work by the Contractor. DELETE in its entirety and REPLACE with the following: The following percentages shall be added to the Contractor’s costs and shall constitute the markup for all overhead and profits: Labor 20 Materials 15 Equipment Rental 15 Other Items and Expenditures 15 To the sum of the costs and markups provided for in this section, 1% shall be added as compensation for bonding. 7-4.3.2 Work by a Subcontractor. DELETE in its entirety and REPLACE with the following: When all or any part of the Extra Work is performed by a Subcontractor, the markup established in 7-4.3.1 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. 7-4.4 Daily Reports. ADD the following: 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. When the price for the Extra Work cannot be agreed upon, the Contractor shall submit a daily report to the Engineer on forms approved by the Agency. Included are applicable delivery tickets, listing all labor, materials, and equipment involved for that day, and other services and expenditures when authorized. Payment for Extra Work will not be made until such time that the Contractor submits completed daily reports and all supporting documents to the Engineer. Failure to submit the daily report by the close of the next Working Day may waive any rights for that day. An attempt shall be made to reconcile the report daily, and it shall be signed by the Engineer and the Contractor. In the event of disagreement, pertinent notes shall be entered by each party to explain points which cannot be resolved immediately. Each party shall retain a signed copy of the report. Reports by Subcontractors or others shall be submitted through the Contractor. The report shall: 1. Show names of workers, classifications, and hours worked. 2. Describe and list quantities of materials used. 00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 138 of 308 3. Show type of equipment, size, identification number, and hours of operation, including loading and transportation, if applicable. 4. Describe other services and expenditures in such detail as the Agency may require. SECTION 8 – FACILITIES FOR AGENCY PERSONNEL (This section not used) END OF SECTION 00 74 00 AGENCY SUPPLEMENTAL TECHNICAL PROVISIONS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 139 of308 00 74 00 AGENCY SUPPLEMENTAL TECHNICAL PROVISIONS (This section not used) END OF SECTION 00 74 00 AGENCY SUPPLEMENTAL TECHNICAL PROVISIONS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 140 of308 SECTION 2 01 11 00 SUMMARY OF WORK PART 1 GENERAL (NOT USED) PART 2 PRODUCTS (NOT USED) PART 3 EXECUTION (NOT USED) END OF SECTION 01 11 20 MEASUREMENT AND PAYMENT Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 141 of 308 01 11 20 MEASUREMENT AND PAYMENT PART 1 GENERAL 1.01 SCOPE a. The Contract Price shall cover all Work required by the Contract Documents. All costs in connection with the proper and successful completion of the Work, including furnishing all materials, equipment, supplies, and appurtenances; providing all construction plant, equipment, and tools; and performing all necessary labor and supervision to fully complete the Work, shall be included in the unit and lump sum Bid prices. All Work not specifically set forth as a pay item in the Bid Form shall be considered a subsidiary obligation of Contractor and all costs in connection the Work shall be included in the Bid prices. b. All estimated quantities stipulated in the Bid Form or other Contract Documents are approximate and are to be used only (a) as a basis for estimating the probable cost of the Work and (b) for the purpose of comparing the Bids submitted for the Work. The actual amounts of Work done and materials furnished under unit price items may differ from the estimated quantities. The basis of payment for Work and materials will be the actual amount of Work done and materials furnished. Contractor agrees that it will make no claim for damages, anticipated profits, or otherwise on account of any difference between the amounts of Work actually performed and materials actually furnished and the estimated amounts therefor. c. Payment for each Bid Item shall be made in accordance with Sections 7-2 and 7-3 of the Agency Supplemental General Provisions and the Bid. All Work shown or described in the Contract Documents and necessary for the functioning of installed equipment or constructed facilities and the repair or replacement of damaged existing improvements in accordance with the Contract Documents shall be considered as included in the Bid Items. 1.02 BID ITEMS (This section not used) 1.03 SUBMITTALS a. Informational Submittals: 1. Schedule of Values: Submit on Agency’s form. 2. Schedule of Estimated Progress Payments: i. Submit with initially acceptable Schedule of Values. ii. Submit adjustments thereto with Application for Payment. 3. Application for Payment. 4. Final Application for Payment. 1.04 CASH ALLOWANCES (This section not used) 1.05 SCHEDULE OF VALUES (SOV) a. The Contractor shall prepare a separate SOV for each schedule of the Work under the Contract. b. Upon request of the Construction Manager, the Contractor shall provide documentation to support the accuracy of the SOV. 01 11 20 MEASUREMENT AND PAYMENT Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 142 of 308 c. The Contractor shall prepare and submit to the Engineer for review a SOV within the time specified in the Contract Documents. d. When requested by the Engineer, the SOV shall divide each lump sum Bid item into its respective activities as listed in the Construction Schedule, and the sum of the costs apportioned to the activities comprising the Bid item shall equal the Bid item price. The Contractor shall add additional detail to the SOV when, in the opinion of the Engineer, such detail is necessary to represent the basis for payment. The Contractor shall submit to the Engineer a corrected Schedule of Values within 10 Calendar Days of the Engineer’s request. e. The Contractor shall make adjustments to the approved SOV to account for Change Orders or Extra Work. The SOV entries for adjustments so made shall be approved by the Engineer. f. The Contractor shall submit a revised SOV with each payment request. g. Payment for the preparation of or revisions to the SOV shall be included in the Contract Price and no additional payment will be made therefor. h. Unit Price Work: Must reflect unit price quantity and price breakdown from conformed Bid Form. i. Lump Sum Work: 1. Must reflect specified cash and contingency allowances and alternates, as applicable. 2. List bonds and insurance premiums, mobilization, demobilization, preliminary and detailed progress schedule preparation, equipment testing, facility startup, and Contract closeout separately. i. Mobilization includes, at minimum, items identified in Section 01 50 00, Temporary Facilities and Controls. ii. Include item(s) for monthly progress schedule update and maintenance of Construction Manager’s trailer. 3. Break down by Division 02 through 49 with appropriate subdivision of each specification for each Project facility. j. An unbalanced or front-end loaded schedule will not be acceptable. k. Summation of the complete SOV representing all the Work shall equal the Contract Price. l. The Contractor shall submit SOV electronically in a spreadsheet format compatible with latest version of MS Excel. 1.06 SCHEDULE OF ESTIMATED PROGRESS PAYMENTS a. Show estimated payment requests throughout Contract Times aggregating initial Contract Price. 01 11 20 MEASUREMENT AND PAYMENT Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 143 of 308 b. Base estimated progress payments on initially acceptable progress schedule. Adjust to reflect subsequent adjustments in progress schedule and Contract Price as reflected by modifications to the Contract Documents. 1.07 APPLICATION FOR PAYMENT a. Transmittal Summary Form: Attach 1 Summary Form with each detailed Application for Payment for each schedule and include Request for Payment of Materials and Equipment on Hand as applicable. Execute certification by authorized officer of Contractor. b. Use detailed Application for Payment Form provided by Construction Manager. c. Provide separate form for each schedule as applicable. d. Include accepted Schedule of Values for each schedule or portion of lump sum Work and the unit price breakdown for the Work to be paid on a unit priced basis. e. Include separate line item for each Change Order and Work Change Directive executed prior to date of submission. Provide further breakdown of such as requested by Construction Manager. f. Preparation: 1. Round values to nearest dollar. 2. Submit Application for Payment, including a Transmittal Summary Form and detailed Application for Payment Form(s) for each schedule as applicable, a listing of materials on hand for each schedule as applicable, and such supporting data as may be requested by Construction Manager. 1.08 PAYMENT a. Transmittal Summary Form: Attach 1 Summary Form with each detailed Application for Payment for each schedule and include Request for Payment of Materials and Equipment on Hand as applicable. Execute certification by authorized officer of Contractor. b. Each month, the Engineer will make an approximate measurement of the Work performed to the closure date as basis for making monthly progress payments. The estimated value will be based on Contract Unit Prices, completed Change Order Work. Progress payments shall be made no later than 30 Calendar Days after the closure date. Five Working Days following the closure date, the Engineer shall complete the detailed progress pay estimate and submit it to the Contractor for the Contractor’s information. Should the Contractor assert that additional payment is due, the Contractor shall within 10 Calendar Days of receipt of the progress estimate, submit a supplemental payment request to the Engineer with adequate justification supporting the amount of supplemental payment request. Upon receipt of the supplemental payment request, the Engineer shall, as soon as practicable after receipt, determine whether the supplemental payment request is a proper payment request. If the Engineer determines that the supplemental payment request is not proper, then the request shall be returned to the Contractor as soon as practicable, but not later than 7 Calendar Days after receipt. The returned request shall be accompanied by a document setting forth in writing the reasons 01 11 20 MEASUREMENT AND PAYMENT Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 144 of 308 why the supplemental payment request was not proper. Consistent with Public Contract Code Section 20104.50, the Agency shall make payments within 30 Calendar Days after receipt of an undisputed and properly submitted supplemental payment request from the Contractor. If payment of the undisputed supplemental payment request is not made within 30 Calendar Days after receipt by the Engineer, then the Agency shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (a) of Code of Civil Procedure Code Section 685.010. c. After final inspection, the Engineer will make a Final Payment Estimate and process a corresponding payment. This estimate will be in writing and shall be for the total amount owed the Contractor as determined by the Engineer and shall be itemized by the Contract Bid item and Change Order item with quantities and payment amounts and shall show all deductions made or to be made for prior payments and amounts to be deducted under provisions of the Contract. All prior estimates and progress payments shall be subject to correction in the Final Payment Estimate. d. The Contractor shall have 30 Calendar Days from receipt of the Final Payment Estimate to make a written statement disputing any Bid item or Change Order item quantity or payment amount. The Contractor shall provide all documentation at the time of submitting the statement supporting its position. Should the Contractor fail to submit the statement and supporting documentation within the time specified, the Contractor acknowledges that full and final payment has been made for all Contract Bid items and Change Order items. e. If the Contractor submits a written statement with documentation in the aforementioned time, the Engineer will review the disputed item within 30 Calendar Days and make any appropriate adjustments on the Final Payment. Remaining disputed quantities or amounts not approved by the Engineer will be subject to resolution as specified in Section 2-10, Disputed Work. f. The written statement filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of the disputed items. The Engineer will consider the merits of the Contractor’s claims. It will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying payment for the disputed items. 1.09 MOBILIZATION a. Payment for mobilization and preparatory Work will be made at the stipulated lump-sum price Bid therefore in the Bid Schedule, and includes full compensation for furnishing all insurance, bonds, licenses, labor, materials, utilities, tools, equipment and incidentals, and for doing all the Work involved in mobilization and preparatory Work and operations, including, but not limited to, those necessary for the movement of personnel, equipment, supplies, and incidental to preparing to conduct Work on and off the Project Site and other offsite facilities necessary for Work on the Project; for all other facilities, sureties, 01 11 20 MEASUREMENT AND PAYMENT Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 145 of 308 Work and operations which must be performed or costs incurred prior to beginning Work on various Contract items on or off the Project Site, excepting those specifically paid for under separate sections of these Specifications. The Contractor agrees that the stipulated lump sum amount is sufficient for Mobilization and Preparatory Work, as described in this section, and that the Contractor shall have no right to additional compensation for Mobilization and Preparatory Work. b. Progress payments for mobilization and preparatory Work will be made as follows: For the first progress payment (after the issuance of the Notice to Proceed), 40% of the amount Bid for mobilization and preparatory Work will be allowed. For the second progress payment, an additional 60% of the amount Bid for mobilization and preparatory Work will be allowed. Mobilization shall include preparatory Work and operations, including, but not limited to, those necessary for the movement of personnel, equipment, supplies and incidentals to the Project Site, for the establishment of all offices, buildings and other facilities necessary for the Work, sureties and for all other Work and operations which must be performed or costs incurred prior to beginning and after completion of the Work excepting those specifically paid for under a separate Bid item. The dismantling and removal of temporary facilities, equipment, materials, construction waste and personnel shall be included in the payment for mobilization. c. When a Bid item has been provided for “Mobilization,” payment shall be distributed equally over the first 2 progress payments up to the amount of the Bid item price but shall not exceed 3% of the Contract Price. If the Bid item for “Mobilization” exceeds 3% of the Contract Price, the portion above 3% of the Contract Price shall be paid as a part of the Final Payment. 1.09 EXCAVATION AND TRENCHING (This section not used) 1.11 PIPELINES (This section not used) 1.12 SEWERS (This section not used) 1.13 PIPELINES (This section not used) 1.14 MISCELLANEOUS CONCRETE (This section not used) PART 2 PRODUCTS (NOT USED) PART 3 EXECUTION (NOT USED) END OF SECTION 01 31 00 PROJECT MANAGEMENT AND COORDINATION Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 146 of 308 01 31 00 PROJECT MANAGEMENT AND COORDINATION PART 1 CONSTRUCTION MANAGEMENT SOFTWARE 1.01 PROCORE PROJECT MANAGEMENT AND COLLABORATION SYSTEM a. This project may utilize the Owner’s Procore (www.procore.com) online project management and document control platform. The intent of utilizing Procore is to reduce cost and schedule risk, improve quality and safety, and maintain a healthy team dynamic by improving information flow, reducing non-productive activities, reducing rework and decreasing turnaround times. The Contractor is required to create a free web-based Procore user account(s) and utilize web-based training / tutorials (as needed) to become familiar with the system. Unless the Engineer approves otherwise, the Contractor shall process all project documents through Procore because this platform will be used to submit, track, distribute and collaborate on project. If unfamiliar or not otherwise trained with Procore, Contractor and applicable team members shall complete a free training certification course located at http://learn.procore.com/procore-certification- subcontractor. The Contractor is responsible for attaining their own Procore support, as needed, either through the online training or reaching out to the Procore support team. It will be the responsibility of the Contractor to regularly check Procore and review updated documents as they are added. There will be no cost to the Contractor for use of Procore. It is recommended that the Contractor provide mobile access for Windows, iOS located at https://apps.apple.com/us/app/procore-construction-management/id374930542 or Android devices located at https://play.google.com/store/apps/details?id=com.procore.activities with the Procore App installed to at least one on-site individual to provide real-time access to current posted drawings, specifications, RFIs, submittals, schedules, change orders, project documents, as well as any deficient observations or punch list items. Providing mobile access will improve communication, efficiency, and productivity for all parties. The use of Procore for project management does not relieve the contractor of any other requirements as may be specified in the contract documents. END OF SECTION 01 32 00 SUBMITTALS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 147 of 308 01 32 00 SUBMITTALS PART 1 GENERAL 1.01 GENERAL a. Each submittal shall be consecutively numbered. Resubmittals shall be labeled with the original submittal number followed by an ascending alphabetical designation (e.g., ‘4-A’ would indicate the first resubmittal of the fourth submittal). Each submittal shall be accompanied by a letter of transmittal on the Contractor’s letterhead which shall contain the following: 1. Agency Project title and Contract number. 2. Specification section number(s) pertaining to material submitted for review. 3. Submittal number. 4. Description of the contents of the submittal. 5. Identification of any deviation from the Contract Documents on the transmittal and by redline on the shop or working Drawings. 6. Contractor’s certification statement. 7. Printed name and signature of submitter, title and date. b. The Contractor shall place the following certification statements on all submittals and shall subscribe to one of the following: "I certify that the materials, equipment or construction procedure(s) contained in this submittal meet all requirements shown or specified in the Contract Documents with no exceptions.” Or "I certify that the materials, equipment or construction procedure(s) contained in this submittal meet all requirements shown or specified in the Contract Documents, except for the following deviation(s):” c. Shop Drawings and engineering data (submittals) covering all equipment and all fabricated components and building materials which will become a permanent part of the Goods and Special Services under this Contract shall be submitted to Engineer for review, as required. Submittals shall verify compliance with the Contract Documents, and shall include Drawings and descriptive information in sufficient detail to show the kind, size, arrangement, and the operation of component materials and devices; the external connections, anchorages, and supports required; the performance characteristics; and dimensions needed for installation and correlation with other materials and equipment. d. Each submittal shall cover items from only one section of the specification unless the item consists of components from several sources. Contractor shall submit a complete initial submittal including all components. When an item consists of components from several sources, Contractor's initial submittal shall be complete including all components. e. All submittals, regardless of origin, shall be approved by Contractor and clearly identified with the name and number of this Contract, Contractor's name, and references to 01 32 00 SUBMITTALS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 148 of 308 applicable specification paragraphs and Contract Drawings. Each copy of all submittals, regardless of origin, shall be stamped or affixed with an approval statement of Contractor. Each submittal shall indicate the intended use of the item in the Goods and Special Services. When catalog pages are submitted, applicable items shall be clearly identified and inapplicable data crossed out. The current revision, issue number, and date shall be indicated on all Drawings and other descriptive data. f. Contractor shall be solely responsible for the completeness of each submittal. Contractor's stamp or affixed approval statement of a submittal, is a representation to Engineer that Contractor accepts sole responsibility for determining and verifying all quantities, dimensions, field construction criteria, materials, catalog numbers, and similar data, and that Contractor has reviewed and coordinated each submittal with the requirements of the Goods and Special Services and the Contract Documents. g. All deviations from the Contract Documents shall be identified as deviations on each submittal and shall be tabulated in Contractor's letter of transmittal. Such submittals shall, as pertinent to the deviation, indicate essential details of all changes proposed by Contractor (including modifications to other facilities that may be a result of the deviation) and all required piping and wiring diagrams. h. For electronic submittals, drawings and the necessary data shall be submitted electronically to Engineer as specified below. Submittal documents shall be in black and white unless color is required for the review of the submittal. All electronic files shall be in PDF as generated by Adobe Acrobat Professional latest version. The PDF file(s) shall be fully indexed using the Table of Contents, searchable with thumbnails generated. PDF images must be at a readable resolution. For most documents, they should be scanned or generated at 300 dots per inch (dpi). Optical Character Recognition (OCR) capture must be performed on these images so that text can be searched, selected and copied from the generated PDF file. The PDF documents shall have a bookmark created in the navigation frame for each major entry (“Section” or “Chapter”) in the Table of Contents. Thumbnails shall be generated for each page or graphic in the PDF file. The opening view for each PDF document shall be as follows: 1. Initial View: Bookmarks and Page 2. Magnification: Fit In Window 3. The file shall open to the Contractor’s transmittal letter, with bookmarks to the left. The first bookmark shall be linked to the Table of Contents. PDF document properties shall include the submittal number for the document title and the Contractor’s name for the author. i. Electronic submittal file sizes shall be limited to 10 MB. When multiple files are required for a submittal the least number of files possible shall be created. j. The Contractor shall post submittals and retrieve the Engineer’s submittal review comments through the Engineer’s (Consulting Engineer’s) Project website accessible 01 32 00 SUBMITTALS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 149 of 308 through the Internet. Instruction on procedures for posting and retrieving submittals will be provided after award of the Contract. k. Facsimiles (fax) will not be acceptable. Engineer will not accept submittals from anyone but Contractor. Submittals shall be consecutively numbered in direct sequence of submittal and without division by subcontracts or trades. 1.02 ENGINEER’S REVIEW OF SUBMITTALS a. Engineer's review of submittals covers only general conformity to the Drawings and Specifications, external connections, and dimensions that affect the layout; it does not indicate thorough review of all dimensions, quantities, and details of the material, equipment, device, or item covered. Engineer's review shall not relieve Contractor of sole responsibility for errors, omissions, or deviations in the Drawings and data, nor of Contractor's sole responsibility for compliance with the Contract Documents. b. Engineer's submittal review period shall be 21 consecutive Calendar Days and shall commence on the first Calendar Day following receipt of the submittal or resubmittal in Engineer's office. The time required to mail the submittal or resubmittal back to Contractor shall not be considered a part of the submittal review period. c. When the Drawings and data are returned with review status "NOT ACCEPTABLE" or "RETURNED FOR CORRECTION," the corrections shall be made as instructed by Engineer. If submittals are made electronically, the corrected Drawings and data shall be resubmitted through the Project website. Resubmittals by facsimile or e-mail will not be accepted. When the Drawings and data are returned with review status "EXCEPTIONS NOTED," "NO EXCEPTIONS NOTED," or "RECORD COPY," no additional copies need be furnished unless specifically requested by Engineer. 1.03 RESUBMITTAL OF DRAWINGS AND DATA a. Contractor shall accept full responsibility for the completeness of each resubmittal. Contractor shall verify that all corrected data and additional information previously requested by Engineer are provided on the resubmittal. b. When corrected copies are resubmitted, Contractor shall direct specific attention to all revisions in writing and shall list separately any revisions made other than those called for by Engineer on previous submittals. Requirements specified for initial submittals shall also apply to resubmittals. Resubmittals shall bear the number of the first submittal followed by a letter (A, B, etc.) or a unique identification that indicates the initial submittal and correct sequence of each resubmittal. c. If more than 1 resubmittal is required because of failure of Contractor to provide all previously requested corrected data or additional information, Contractor shall reimburse Agency for the charges of Engineer for review of the additional resubmittals. This does not include initial submittal data such as shop tests and field tests that are submitted after initial submittal. 01 32 00 SUBMITTALS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 150 of 308 d. Resubmittals shall be made within 30 Calendar Days of the date of the letter returning the material to be modified or corrected, unless within 14 Calendar Days Contractor submits an acceptable request for an extension of the stipulated time period, listing the reasons the resubmittal cannot be completed within that time. e. The need for more than 1 resubmittal, or any other delay in obtaining Engineer's review of submittals, will not entitle Contractor to extension of the Contract Times unless delay of the Work is the direct result of a change in the Work authorized by a Change Order or failure of Engineer to review and return any submittal to Contractor within the specified review period. 1.04 COLOR SELECTION a. Contractor shall submit samples of colors and finishes for all accepted products before Engineer will coordinate the selection of colors and finishes with Agency. Engineer will prepare a schedule of finishes that include the colors and finishes selected for both manufactured products and for surfaces to be field painted or finished and will furnish this schedule to Contractor within 60 Calendar Days after the date of acceptance of the last color or finish sample. 1.05 OPERATION AND MAINTENANCE DATA AND MANUALS a. Adequate operation and maintenance information shall be supplied for all equipment requiring maintenance or other attention. The equipment supplier shall prepare a Project specific operation and maintenance manual for each type of equipment indicated in the individual equipment sections or the equipment schedule. b. Parts lists and operating and maintenance instructions shall be furnished for other equipment not listed in the individual equipment sections or the equipment schedule. c. Operation and maintenance manuals shall include the following: 1. Equipment function, normal operating characteristics, and limiting conditions. 2. Assembly, installation, alignment, adjustment, and checking instructions. 3. Operating instructions for startup, routine and normal operation, regulation and control, shutdown, and emergency conditions. 4. Lubrication and maintenance instructions. 5. Guide to troubleshooting. 6. Parts lists and predicted life of parts subject to wear. 7. Outline, cross section, and assembly drawings; engineering data; and wiring diagrams. 8. Test data and performance curves, where applicable. d. The operation and maintenance manuals shall be in addition to any instructions or parts lists packed with or attached to the equipment when delivered, or which may be required by Contractor. e. (Optional Paragraph) Manuals shall be submitted in electronic format to the Engineer prior to the date of shipment of the equipment. The manuals shall be submitted and the Engineer’s review comments retrieved, through the Project website accessible through 01 32 00 SUBMITTALS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 151 of 308 the Internet. Instruction on procedures for posting and retrieving O&M submittals and review comments will be provided after award of the Contract. When the O&M manuals are reviewed "RETURNED FOR CORRECTION,” the corrections shall be made as instructed by the Engineer or Consulting Engineer, and corrected manuals resubmitted to the Engineer or Consulting Engineer. When review by the Engineer is complete, 3 copies of each electronic O&M manual shall be delivered on CD-ROM to the Engineer. Each CD shall contain only 1 copy of 1 manual. Delivery of the final O&M shall be made 30 Calendar Days prior to placing the equipment in operation. f. All material shall be marked with Project identification, and inapplicable information shall be marked out or deleted. g. Shipment of equipment will not be considered complete until all required manuals and data have been received. 1.06 HARD COPY OPERATIONS AND MAINTENANCE MANUALS (This section not used) 1.07 ELECTRONIC OPERATIONS AND MAINTENANCE MANUALS a. Electronic manuals shall be in Adobe Acrobat’s PDF, and shall be prepared at a resolution between 300 and 600 dpi, depending on document type. OCR capture shall be performed on these documents. OCR settings shall be performed with the “original image with hidden text” option in Adobe Acrobat Exchange. b. File size shall be limited to 10 MB. When multiple files are required the least number of files possible shall be created. File names shall be in the format OMXXXXX-YYYZ-V.pdf, where XXXXX is the 5-digit number corresponding to the specification section, YYY is a 3- digit O&M manual number, e.g., 001, Z is the letter signifying a resubmittal, A, B, C, etc, and V is a number used only when more than one 10 MB file is required for an O&M manual. c. Documents prepared in PDF format shall be processed as follows: d. Pages shall be searchable (processed for optical character recognition) and indexed when multiple files are required. 1. Of material to update the manual provided by the manufacturer. Pages shall be rotated for viewing in proper orientation. 2. A bookmark shall be provided in the navigation frame for each entry in the Table of Contents. 3. Embedded thumbnails shall be generated for each completed PDF file. 4. The opening view for PDF files shall be as follows: 5. Initial View: Bookmarks and Page 6. Page Number: Title Page (usually Page 1) 7. Magnification: Set to Fit in Window 8. Page: Single Page 9. Where the bookmark structure is longer than 1 page, the bookmarks shall be collapsed to show the chapter headings only. 01 32 00 SUBMITTALS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 152 of 308 10. When multiple files are required the first file of the series (the parent file) shall list every major topic in the Table of Contents. The parent file shall also include minor headings bookmarked based on the Table of Contents. Major headings, whose content is contained in subsequent files (children) shall be linked to be called from the parent to the specific location in the child file. The child file shall contain bookmark entries for both major and minor headings contained in the child file. The first bookmark of any child file shall link back to the parent file and shall read as follows "Return to the Equipment Name Table of Contents," e.g., Return to the Polymer Feed System Table of Contents. 11. Drawings shall be bookmarked individually. 12. Files shall be delivered without security settings to permit editing, insertion and deletion 1.08 LABELING a. As a minimum, the following information shall be included on all final O&M manual materials, including CD-ROM disks, jewel cases, and hard copy manuals: Equipment name and/or O&M title spelled out in complete words. Project Name. Agency Project/Contract Number. Specification Section Number. Example: “Section 15 55 00” Manufacturer’s name. File Name and Date. PART 2 PRODUCTS (NOT USED) PART 3 EXECUTION (NOT USED) END OF SECTION 01 33 00 CONSTRUCTION PROGRESS SCHEDULE Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 153 of 308 01 33 00 CONSTRUCTION PROGRESS SCHEDULE PART 1 GENERAL 1.01 PROGRESS SCHEDULE a. A Progress Schedule shall be used to control the Work and to provide a definitive basis for determining Project progress. The Progress Schedule shall be prepared, maintained and updated by the Contractor and historical dates agreed monthly with the Engineer. The Contractor shall submit a preliminary Progress Schedule and a Progress Schedule for acceptance by the Engineer. These schedules shall be the Contractor’s working schedules and shall be used to plan, organize and execute the Work, record and report actual performance and progress, and show how the Contractor plans to complete all remaining Work as of the end of each progress report period. b. The Progress Schedule shall provide sufficient detail and clarity to reflect the intricacies and interdependencies of activities so the Contractor can plan, schedule, monitor, control and report on the progress of its work. In addition, it shall provide the Engineer and Agency a tool to monitor and follow the progress for all phases of the Work. c. The Contractor shall perform Work and furnish materials, labor, tools, equipment or services that may be reasonably inferred as being required to produce the intended result, whether specifically called for in the Contract Documents, at no additional cost to the Agency. 1.02 PRE-CONSTRUCTION SCHEDULING CONFERENCE a. The Engineer will conduct a pre-construction scheduling conference with the Contractor to review requirements for the schedules including SOV and schedule configuration. The conference shall be conducted sufficiently early to allow the Contractor to submit the preliminary Progress Schedule within 10 Calendar Days of the Effective Date of the Contract. b. At this meeting, the Contractor shall explain in detail the procedure to be used to develop the SOV and cash flow. This procedure is subject to the review and acceptance of the Engineer. 1.03 PRELIMINARY PROGRESS SCHEDULE a. Following the pre-construction scheduling conference but within 10 Calendar Days of the Effective Date of the Contract, the Contractor shall submit a preliminary Progress Schedule for review by the Engineer. The preliminary Progress Schedule shall show detailed construction-related activities for the first 60 Calendar Days of the Project. The remainder of the Contract activities shall be shown as summary bars within the milestones of the Work. If the Engineer has comments on the preliminary Progress Schedule, Contractor shall make the necessary changes and resubmit it within 10 Calendar Days. No progress payments will be made during the period specified above for the preliminary Progress Schedule until the preliminary Progress Schedule has been accepted by the Engineer. b. The preliminary Progress Schedule shall: 01 33 00 CONSTRUCTION PROGRESS SCHEDULE Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 154 of 308 1. Illustrate a feasible schedule for completion of the Work within the time and milestones specified. 2. Provide an elementary example of the schedule in the format to be used for the Progress Schedule. 1.04 PROGRESS SCHEDULE a. The Progress Schedule comprises all the construction-related activities for the Work and shall show the order in which the Contractor proposes to carry out the Work. Contractor shall include milestones, coordination necessitated by limited access and available work areas, and the availability and use of the labor force, material and equipment. Contractor shall use the Progress Schedule to plan, schedule and coordinate the Work including activities of Subcontractors, equipment vendors, and suppliers. b. The Progress Schedule shall be to the level of detail acceptable to the Engineer, and shall include the following: 1. Organization and structural breakdown of the Project; 2. Milestones and completion dates; 3. Type of Work to be performed and the labor trades involved; 4. Purchase, manufacture and delivery activities for major materials and equipment; 5. Preparation, submittal, and acceptance of shop drawings and material samples; 6. Deliveries of Agency-furnished equipment and/or materials; 7. Acceptances required by regulatory agencies and/or other third parties; 8. Assignment of responsibility for each activity; 9. Access requirements to Work areas; 10. Identification of interfaces and dependencies with preceding, concurrent and follow on Contractors; 11. Tests, submittal of test reports and acceptance of test results; 12. Planning for phased or total acceptance by Agency; including start up and commissioning; 13. Identification of any labor force, material and equipment restrictions. 14. Sequence of construction to maintain plant operations; 15. Planned outages. c. The activities included in the Progress Schedule shall be defined in Working Days. Durations shall be based on the labor (crafts), equipment, and materials required to perform each activity on a normal workday basis. Activity durations shall be 20 Working Days or less except in the case of non-construction activities such as procurement of materials, delivery of equipment, and concrete curing. All durations shall be the result of definitive labor force and resource planning by Contractor to perform the Work, in consideration of contractually defined on Site Work conditions and Contractor’s planned means and methods. d. When the Progress Schedule is accepted by the Engineer, the Engineer will save a copy of the Progress Schedule as the baseline schedule, and will use it for analysis of Contractor’s progress. 01 33 00 CONSTRUCTION PROGRESS SCHEDULE Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 155 of 308 e. The Contractor shall update the Progress Schedule monthly. 1.05 ELECTRONIC PROGRESS SCHEDULE FORMAT AND REPORTING a. The Progress Schedule shall be created using Primavera P6 scheduling software. Contractor shall use Engineer’s file-naming format throughout the Project. 1. Electronic schedule files shall be saved with .XML or .XER file extensions. 2. Primavera Project Manager settings for “Baseline Type” shall be used in the following manner: i. Select <None> as the baseline type for the Preliminary Schedule Submittal. ii. Once the Preliminary and Project Schedule are accepted, the baseline type shall be named <Initial Plan>. iii. Each subsequent Project Schedule update shall set the baseline type to <Last Performance Update>. 3. The data date for schedule calculation in the preliminary Progress Schedule and Progress Schedule shall be set as the date of the Notice to Proceed unless otherwise specified by the Engineer. b. Upon contract award, the Contractor may propose to the Engineer an alternative scheduling software to Primavera P6. The alternative scheduling software is subject to the review of the Engineer. If the Engineer determines that the alternative scheduling software does not meet the requirements of these specifications and the needs of the Project, the Contractor will use Primavera P6. 1.06 COST LOADING (This section not used) 1.07 RESOURCE LOADING (This section not used) 1.08 COORDINATING PROGRESS SCHEDULE WITH OTHER CONTRACT SCHEDULES a. Where Work is to be performed under this Contract concurrently with or contingent upon work performed on the same facilities or area under other contracts, the Progress Schedule shall be coordinated with the schedules of the other contracts. Agency will provide the schedules of other contracts for preparation and updating of the Progress Schedule. Contractor shall revise the Progress Schedule as required by changes in schedules of other contracts. b. In case of interference between the operations of different Contractors, the Agency will determine the work priority of each Contractor and the sequence of work necessary to expedite the completion of the entire Project. In all such cases, the decision of Agency shall be accepted as final. 1.09 SUBMITTALS a. The Progress Schedule and associated reports shall be submitted to the Engineer for acceptance within the period of the preliminary Progress Schedule specified in 1.05(3). If the Progress Schedule is not submitted, no progress payments will be made after the due date until the Progress Schedule has been submitted. b. Printouts and electronic layouts required as part of the Progress Schedule submittal and monthly updates are as follows: 01 33 00 CONSTRUCTION PROGRESS SCHEDULE Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 156 of 308 1. Summary Schedule: 1-page milestone and summary schedule, sorted by total float, early-start, early-finish; 2. Detailed Project Schedule: organized by WBS or area of Work; sorted by total float, early-start, early-finish; 3. 60-Calendar-Day Look Ahead Schedule: sorted by total float, early-start, early- finish; c. Contractor shall submit additional layouts if directed by Engineer. d. The submittal shall include the following: 1. Narrative report summarizing the Contract milestones, Critical Path, Project approach including phasing or use of crews, significant submittal and fabrication items, coordination or interface requirements, Agency-provided items, and list of Subcontractors and vendors. e. The schedule, and look-ahead schedules shall be submitted on E (34”x44”) size paper or 36” wide plots and submitted electronically in pdf format to Procore; f. The Progress Schedule file shall be submitted in an executable format, using Primavera Project Manager format on a read-write compact disk. If an alternate scheduling software to Primavera P6 is approved for the project, the Project Schedule file shall be submitted in an executable format, using the approved software on a read-write compact disc. 1.10 MONTHLY SCHEDULE UPDATES a. Monthly Progress Schedule updates shall be submitted for the duration of the Contract on a date agreed to by the Agency, Engineer, and Contractor. If monthly Progress Schedule updates are not submitted by the due date, progress payments will be withheld until the required information is submitted. b. The updated schedule shall be reviewed each month in a meeting with Engineer to verify: 1. Actual start dates, 2. Actual completion dates, 3. Activity percent completion, 4. Revised logic (as-built and projected) and changes in activity durations, cost assigned, 5. Cost influence of Change Orders, if any, 6. Revisions due to extension of time. c. Prior to each meeting, Contractor shall prepare a complete and accurate report of current procurement and construction progress through the end of the update period, and a depiction of how Contractor plans to continue the Work to meet all Contract completion dates. All network changes and status data agreed to during each update meeting shall be considered as accepted by both parties unless written notice of any exceptions is given within 5 Calendar Days after the meeting. d. For major network changes that cannot be agreed to during an updating meeting, Contractor shall submit the proposed changes for Engineer’s acceptance prior to inserting 01 33 00 CONSTRUCTION PROGRESS SCHEDULE Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 157 of 308 such changes into the network. Submittals may be in the form of marked up networks, fragnets, or schedule abstracts, provided they are submitted with a letter of transmittal. A fragnet is defined as a sequence of new activities and/or activity revisions that are proposed to be added to the existing schedule to demonstrate how Project events have an impact on the schedule. 1.11 DATA DATE a. The data date is the re-settable date in P6 that serves as the end of a reporting period. The reporting period will be recorded on a monthly basis, e.g., January 1st through January 31st with the 31st as the data date. If required for coordination purposes by the Agency, the Engineer will provide specific data dates to be used by the Contractor. 1.12 REVIEW PROCESS a. Engineer will review Contractor’s preliminary Progress Schedule and full Progress Schedule submittals within 15 Calendar Days after receipt of all required information. b. At the request of Agency or Engineer, Contractor shall participate in any meetings necessary to reach a mutual agreement and acceptance of the preliminary Progress Schedule, Progress Schedules, or Cash Flow Projections. c. If any of the required submittals are returned to Contractor for corrections or revisions, they shall be resubmitted within 10 Calendar Days after the return mailing date. Resubmittals shall include all information and media included in the first submittal. Review and response by Engineer will be given within 10 Calendar Days after receipt of each resubmittal. d. Schedules shall show Contract completion of the Work on the Contract completion date and with zero or positive total float even if the Contractor plans to finish early. In no event shall acceptance of the schedule be a basis for a claim for delay against Agency or Engineer by Contractor for an early finish. A Progress Schedule containing activities with negative float or that extend beyond the Contract completion date will not be acceptable. e. Acceptance of the Progress Schedule by Engineer does not relieve Contractor of responsibility for accomplishing the Work by the Contract completion date. Omissions and errors in the accepted Progress Schedule shall not relieve the Contractor of obligations under the Contract. Acceptance by Engineer in no way makes Engineer or Agency an ensurer of the Schedule's success or liable for time or cost overruns. Engineer and Agency disclaim any obligation or liability by reason of acceptance of the Progress Schedule by the Engineer. 1.13 RESPONSIBILITY OF SCHEDULE COMPLIANCE a. Whenever it becomes apparent from the current Progress Schedule that the Critical Path is delayed and the Contract completion date will not be met, Contractor shall mitigate the delay by taking some or all of the following actions at no additional cost to Agency. 1. Increase construction labor force in such quantities and crafts as will bring the Project back on schedule within the completion dates and milestones. 01 33 00 CONSTRUCTION PROGRESS SCHEDULE Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 158 of 308 2. Increase the number of working hours per shift, shifts per day, Working Days per week, and the amount of construction equipment, or any combination of the foregoing, to substantially eliminate the backlog of Work. 3. Re-schedule activities to achieve maximum practical concurrence of activities and to comply with the schedule date(s). b. Within 10 Calendar Days of the Engineer’s request, Contractor shall submit a recovery schedule and written statement of the steps intended to remove or arrest the delay to the Critical Path in the schedule. If the Contractor fails to submit the required information or should fail to take measures acceptable to the Engineer, the Engineer with Agency concurrence may direct Contractor to increase labor force, equipment and scheduled Work hours to remove or arrest the delay to the Critical Path and the Contractor shall promptly provide such level of effort at no additional cost to Agency. c. In the event Contractor fails to follow the updated or revised recovery schedule, Agency may elect to withhold progress payments until Contractor complies with the revised schedule. d. Should Contractor’s efforts not remove or arrest the delay to the Critical Path of the accepted schedule, then Agency shall be entitled to supplement Contractor’s workforce and equipment to remove and arrest any delay, and shall be entitled to deduct all costs and expenses associated with the supplemental workforce and equipment from payments due to the Contractor. If insufficient Contract funds remain, Agency may recover such funds from Contractor and its Surety. 1.14 CHANGE ORDERS, DELAYS, AND EXTENSIONS OF TIME a. When Change Orders or delays are experienced by Contractor and Contractor requests an extension of time, Contractor shall submit a written time impact analysis to the Engineer illustrating the influence of each change or delay to the current Contract Schedule completion date. Each time impact analysis shall include a fragment incorporating the Change Order or delay into the Progress Schedule to demonstrate how Contractor was delayed. b. Each time impact analysis shall demonstrate the estimated time impact based on the events of the change or the delay; the date the change was given to Contractor or the delay incurred, the status of construction at that point in time, and the event time computation of all activities affected by the change or delay. The event times used in the analysis shall be those included in the latest update of the Progress Schedule or as adjusted for the events of delay. c. Three copies of the time impact analysis and an electronic copy on compact disk shall be submitted within 7 Calendar Days of delay occurrence or direction to proceed with a change is given to Contractor. No time extensions will be considered if the time impact analysis is not submitted within the specified time. d. The Engineer will review Contractor’s time impact analysis. Contractor shall furnish such justification and supporting evidence as the Engineer deems necessary to determine whether Contractor is entitled to an extension of time. Engineer’s review of each time 01 33 00 CONSTRUCTION PROGRESS SCHEDULE Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 159 of 308 impact analysis will be made within 5 Working Days of receipt of the time impact analysis and additional information as required by the Engineer, unless subsequent meetings and negotiations are necessary. e. The Contract completion time will be adjusted only for causes specified in paragraph 15. Time extensions will be granted only to the extent that equitable time adjustments for the activity or activities affected exceed the total or remaining float along the Critical Path at the time of actual delay. Delays in activities which are not on the Critical Path and do not affect Contract completion dates, will not be considered for an extension of time. 1.15 CAUSES FOR EXTENSIONS OF TIME a. Additional positive total float in the Progress Schedule generated by efficiencies of Agency or Contractor is a shared commodity to be reasonably used by either party, and belongs exclusively to the Project. The Contractor is not entitled to any additional compensation for completion of the Project prior to expiration of the Contract Times. b. Agency-Initiated Changes. Agency initiated changes to the Contract Work that absorb float time will not be considered for an extension of time. Agency-initiated changes that affect the Critical Path of the Progress Schedule shall be grounds for extending or shortening completion dates. Use of float time for Contractor initiated changes will require Agency’s concurrence. Contractor’s changes, however, shall give way to Agency- initiated changes competing for the same float time. c. Outside Contractor’s Control. Events outside of the Contractor’s control that affect the Critical Path of the Progress Schedule will be considered for an extension or reduction of the Contract Times. d. Weather Delays. Engineer will obtain weather data during construction from a reputable source, and will maintain weather records. 1. Engineer will determine Contractor’s entitlement to an extension of the Contract Time as a result of weather delays. Extensions of time will be granted at the discretion of the Engineer for circumstances not covered by the flow chart. 2. Any weather-related extension of Contract Time shall be non-compensable. Efficiencies gained as a result of favorable weather within a calendar month, where the number of days of normally anticipated weather days is less than expected, shall contribute to the Project float and shall not affect the Contract Times. 3. Application for a weather-related extension of time shall be submitted to the Engineer, and shall state the extension requested and be supported by the relevant weather data. 1.16 AS-BUILT SCHEDULE a. As a condition precedent to release of final payment, the last update to the Progress Schedule submitted shall be identified by the Contractor as the “As-Built Schedule.” The “As-Built Schedule” shall reflect the exact manner in which the Project was actually 01 33 00 CONSTRUCTION PROGRESS SCHEDULE Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 160 of 308 constructed (including actual start and completion dates, activities, sequences, and logic) and shall be signed and certified by the Contractor’s Project manager. 1.17 SCHEDULE SOFTWARE SETTINGS AND RESTRICTIONS a. Contractor shall consult with Engineer for acceptable Primavera Project Manager software settings and restrictions. The following shall apply unless otherwise directed by the Engineer. 1. Schedule Options: i. Shall be defined only to “Use expected finish dates”; ii. Scheduling progressed activities to be set to “Use only retained logic,” not progress override option; iii. Critical Path activities defined as Total Float less than or equal to zero; iv. Calculating start-to-start lag from “early start” dates; and computing total float as “finish float = late finish – early finish”; v. Calendar to be set for scheduling relationship lag as “Predecessor Activity Calendar.” 2. Activity progress shall be shown using Remaining Duration. Date format shall be DDMMYY. 3. Default activity type shall be set to “Independent Task.” 4. Date/time activity constraint(s), other than those required by the Contract, will not be allowed unless accepted by Engineer. Contractor shall identify proposed constraints and explain the constraint purpose in the Narrative Report. 5. Lags shall not be used in the creation of an activity that will perform the same function, e.g., concrete cure time. Lag durations contained in the Project Schedule shall not have a negative value. Contractor shall identify any lag proposed and explain the purpose of the lag in the Narrative Report. 6. Actual Start and Finish dates shall not be automatically updated by default mechanism that may be included in the CPM scheduling software system. Actual Start and Actual Finish dates on the CPM schedule shall be updated by actual Work progression. 1.18 ACTIVITY CODES a. The Primavera (P6) activity codes and WBS to be confirmed or revised by the Engineer are listed below. Confirmation or revision of the activity codes and WBS will be provided to the Contractor within 3 Working Days of the Effective Date of the Contract. Use of the Engineer prescribed activity codes and WBS is mandatory. b. “Project Codes” as defined by Primavera P6 is reserved for the Agency. Only “Activity Codes” at Project Level will be permitted for Contractor use. 01 33 00 CONSTRUCTION PROGRESS SCHEDULE Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 161 of 308 Activity Code Code Value Description Phase 0005 Construction Phase Construction Phase A BC D E Milestones Administrative Submittals Construction Activities Closeout Phase Submittals SUB R&A F&D Submittals Review & Approve Fabricate & Deliver Other Codes to be prescribed by Engineer or requested by Contractor for Project specific criteria. 01 33 00 CONSTRUCTION PROGRESS SCHEDULE Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 162 of 308 1.19 ACTIVITY RELATIONSHIPS a. Relationships between activities shall be identified with the following information: 1. Predecessor and successor activity ID. 2. Relationship types: i. FS Finish to start ii. SS Start to start iii. FF Finish to finish iv. SF Start to finish – This relationship is not allowed, unless authorized by Engineer. 1.20 PROJECT CALENDARS a. Project Calendars shall use Working Days and Calendar Days as the planning unit for the schedule. Use of Global Calendars is reserved for Agency. Each calendar shall be set to start on Mondays with holidays in accordance with Agency policy. The following calendars shall be used for each activity except as otherwise accepted by Engineer: 1. 5-Day x 8 Hour Workweek (with holidays) shall be used for 5-day 40-hour workweek activities: Monday through Friday. All holidays and non-work days shall be assigned to this calendar. This calendar shall be used for all normal work activities, submittals, and fabricate and delivery activities. This calendar shall be the default calendar for the Project unless otherwise specified. 2. 5-Day x 10-Hour Workweek (with holidays) shall be used for 5-day 50-hour workweek activities: Monday through Friday. All holidays and non-work days shall be assigned to this calendar. 3. 6-Day x 10-Hour Workweek (with holidays) shall be used for 6-day 60-hour workweek activities. Monday through Saturday. All holiday and non-work days shall be assigned to this calendar. 4. 7-Day Calendar (no holidays) shall be used for 7-day workweek activities. No non- work days shall be entered into this calendar. 5. Additional Calendars may be assigned depending on need. However, Contractor shall consult with the Engineer before other calendars are entered and/or used in the Project schedule. b. The workday to calendar day correlation shall be based on a single shift and 5-day work week with adequate allowance for holidays, adverse weather, and all other special requirements of the Work. Contractor may, at his option, propose alternate baseline calendars to allow a second shift and/or a single shift on Saturdays subject to the concurrence and acceptance of Agency. Under no circumstances will a schedule be accepted which allows regularly scheduled Work on Sundays. 1.21 FLOAT a. Contractor shall not use float suppression techniques, including preferential sequencing (arranging Critical Path through activities more susceptible to Agency caused delay); lag logic restraints; zero total or free float constraints; extended activity times; or imposing constraint dates other than as required by the Contract. Float suppression will be cause 01 33 00 CONSTRUCTION PROGRESS SCHEDULE Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 163 of 308 for rejection of the preliminary Progress Schedule or full Progress Schedule and its updates. 1.22 MANDATORY MILESTONES a. The Contract duration shall be equal to the time period between the Notice to Proceed and the completion milestone. The following milestones are mandatory. 1. Project Award Milestone 2. Notice to Proceed Milestone 3. Substantial Completion is [Insert number and type (i.e., Working or Calendar)] days from Notice to Proceed 4. Completion is [Insert number and type i.e., Working or Calendar] days from Notice to Proceed b. The following additional milestones are to be considered and incorporated into the Progress Schedule in accordance with the Contract terms, if applicable. 1. Permit constraints 2. Facility shut down or outage milestone requirements 3. Applicable phasing milestones 4. Other milestones deemed appropriate by the Engineer. PART 2 EXECUTION 2-1.1 Preconstruction 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 Supplemental General Provisions Section 6-7. 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. 2-1.2 Preparation and Review of the Baseline Construction Schedule 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. 2-1.2.3 Bar Chart As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a chart showing individual tasks and their durations arranged with the tasks on the vertical axis and duration on the horizontal axis. The bar chart shall use differing texture patterns or distinctive line types to show the Critical Path. 01 33 00 CONSTRUCTION PROGRESS SCHEDULE Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 164 of 308 2-1.2.4 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. 2-1.2.5 Float Float or slack time within the schedule is available without charge or compensation to whatever party or contingency first exhausts it. 2-1.2.6 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. 2-1.2.7 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 Agency Supplemental General Provisions Section 6-4. 2-1.2.8 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 Agency Supplemental General Provisions 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. 2-1.2.9 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 01 33 00 CONSTRUCTION PROGRESS SCHEDULE Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 165 of 308 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 30 Working Days after the date of the Preconstruction Meeting shall be grounds for termination of the Contract per Agency Supplemental General Provisions Section 6-4. Days used by the Engineer to review the initial Construction Schedule will not be included in the 30 Working Days. The Engineer will review and return to the Contractor, with any comments, the Baseline Construction Schedule within 15 Working Days of submittal. The Baseline Construction Schedule will be returned marked as per Sections 2-1.2.10.1 through 2-1.2.10.3. 2-1.2.9.1 “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 2-1.8.1. 2-1.2.9.2 “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 2-1.8.1. 2-1.2.9.3 “Not Accepted” The Contractor must resubmit the schedule incorporating the corrections and changes of the comments prior to receipt of payment per Section 2-1.8.1. The Notice to Proceed will not be issued by the Engineer if the changes of the comments are not submitted as required 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 Supplemental General Provisions Section 2-7 TERMINATION OF THE CONTRACT FOR DEFAULT if the changes of the comments are not submitted as required and marked “Accepted” by the Engineer. 2-1.3 Preparation of Schedule Updates and Revisions The Contractor shall meet with the Engineer during the last week of each month to agree upon each activity’s schedule status and shall submit monthly updates of the Baseline Construction Schedule confirming the agreements no later than the fifth Working Day of the following month. The monthly update will be submitted on hard (paper) copy and electronic media conforming to Section 6-1.3.3 Electronic Media per the submittal requirements of Section 1.05 (Electronic Progress Schedule Format and Reporting) and will include each item and element of Sections 2- 1.2 through 2-1.2.9 and 2-1.3.1 through 2-1.3.7. 2-1.3.1 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. 01 33 00 CONSTRUCTION PROGRESS SCHEDULE Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 166 of 308 2-1.3.2 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. 2-1.3.3 Electronic Media The schedule data disk shall be a digital file, labeled 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 agreed upon by the Engineer and Contractor to be used for the project and shall be free of file locking, encryption or any other protocol that would impede full access of all data stored on it. 2-1.3.4 List of Changes A list of all changes made to the activities or to the interconnecting logic, with an explanation for each change. 2-1.3.5 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. 2-1.3.6 Bar Chart Each monthly update will include a chart showing individual tasks and their durations arranged with the tasks on the vertical axis and duration on the horizontal axis. The bar chart shall use differing texture patterns or distinctive line types to show the Critical Path. 2-1.4 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.” 2-1.4.1 “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 2-1.8.1. 2-1.4.2 “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 2-1.8.1. 01 33 00 CONSTRUCTION PROGRESS SCHEDULE Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 167 of 308 2-1.4.3 “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 Agency Supplemental General Provisions Section 6-7 TERMINATION OF THE CONTRACT FOR DEFAULT 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 the Contractor may elect to proceed with the Project at its own risk. Should the Contractor elect not to proceed with the Project, any resulting delay, impact, or disruption to the Project will be the Contractor’s responsibility 2-1.5 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 Calendar 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. 2-1.6 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 1.05 (Electronic Progress Schedule Format and Reporting) and per the schedule review and acceptance requirements of Agency Supplemental General Provisions Section 6-1, including but not limited to the acceptance and payment provisions. As used in this section “substantially different” means a time variance greater than 5 percent of the number of Calendar Days of duration for the Project. 2-1.7 Final Schedule Update The Contractor shall prepare and submit a Final Schedule Update when 100% 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. 2-1.8 Measurement and Payment of Construction Schedule The Contractor’s preparation, revision and maintenance of the Construction Schedule are incidental to the Work and no separate payment will be made for them. END OF SECTION 01 41 26 PERMIT REQUIREMENTS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 168 of 308 01 41 26 PERMIT REQUIREMENTS PART 1 GENERAL 1.01 WORK COVERED BY CONTRACT DOCUMENTS a. The Contractor is responsible to obtain all local, state and federal permits and licenses required to perform the Work. Payment for obtaining and complying with permits and licenses including, but not limited to, general construction permits, building permits, grading permits, encroachment permits, haul route permits, excavation permits, drilling permits, water discharge permits, temporary easements, licenses, inspection fees, and Federal, State and local taxes shall be borne by the Contractor and shall be included in prices Bid for Work for which such costs are appurtenant. b. The Contractor shall obtain and pay for all costs incurred for permits necessitated by its operations such as, but not limited to, permits required for sewage bypass pumping or discharge; Night Work; overload; blasting or demolition or for any permit related to the operation of equipment used in such Work. c. The Contractor shall obtain and pay for all permits for the disposal of all waste or surplus materials removed from the Project. The cost of the permit(s) shall be included in the price for the Bid items requiring the permits and no additional compensation will be allowed for them. d. The Contractor shall provide a copy of the permit or license to the Agency prior to performing the Work requiring the permit or license. e. Contractor shall pay for all fees applicable to Contractor’s operations. f. Contractor shall not begin Work until all permits applicable to the Work are obtained. Permits shall be maintained in valid status until acceptance of the Work by the Agency. g. The Contractor shall pay all business taxes or license fees that are required for the Work. 1. To the extent that there is a change in the type or cost of any permits, fees, licenses, or inspections after Contract award, there shall be an equitable adjustment in the Contract Price on account of such change under the Extra Work provisions. 2. The Contractor shall comply with and give notices required by Applicable Laws. The Contractor is not entitled to damages or additional payment for delays attributable to the acquisition of permits. 3. The Contractor shall pay the Agency for regulatory fees, fines, or penalties imposed on the Agency arising from the Contractor’s failure to complete the Work in accordance with the Contract Documents. h. The Contractor shall obtain, pay for, and comply with required permits, licenses, work permits, and authorizations from appropriate agencies, including the following: 1. Licenses i. Before submitting Bids, Contractors shall be licensed in accordance with provisions of Chapter 9, Division 3, of the Business and Professions Code. 01 41 26 PERMIT REQUIREMENTS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 169 of 308 ii. City of Carlsbad Business License. i. The Agency will obtain approval for the Contractor, the following: 1. CEQA Notice of Exemption 2. NEPA documents 3. City of Carlsbad Building Permit 1.02 HAUL ROUTE PERMIT (This section not used) 1.03 TRAFFIC CONTROL PLANS (This section not used) 1.04 RAILROAD (This section not used) 1.05 STORMWATER POLLUTION PREVENTION PLAN (SWPPP)/ GENERAL PERMIT (This section not used) 1.06 OTHER PERMIT (This section not used) PART 2 PRODUCTS (NOT USED) PART 3 EXECUTION (NOT USED) END OF SECTION 01 50 00 TEMPORARY FACILITIES AND CONTROLS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 170 of 308 01 50 00 TEMPORARY FACILITIES AND CONTROLS PART 1 GENERAL 1.01 PAYMENT (This section not used) 1.02 FIELD OFFICE (This section not used) 1.03 WATER a. Water in reasonable amounts required for and in connection with the Work to be performed will be furnished at existing fire hydrants by Agency without charge to Contractor. Contractor shall furnish necessary pipe, hose, nozzles, and tools and shall perform all necessary labor. Contractor shall make arrangements with the appropriate water department (who will fix the time, rate, and duration of each withdrawal from the distribution system) as to the amount of water required and the time when the water will be needed. Unnecessary waste of water will not be tolerated. Special hydrant wrenches shall be used for opening and closing fire hydrants. In no case shall pipe wrenches be used for this purpose. b. All water required for and in connection with the Work to be performed will be furnished by Agency in the vicinity of the Site without charge to Contractor, provided: a. Contractor shall procure such water in the location and in the manner designated by Engineer. b. Contractor at its own expense shall make authorized connections and provide means for delivering the water to the Site. c. Contractor shall provide adequately against waste and needless use of water. 1.04 POWER a. All enclosed areas shall be ventilated (using forced-draft equipment when necessary) as required to maintain proper conditions for workers and the Work and to avoid any accumulation of hazardous dust or fumes. b. Power for heating, lighting, and operation of Contractor's plant and equipment in connection with the Work to be done under this Contract shall be provided by Agency without charge to Contractor, subject to the following conditions: 1. The existing heating system at each location will remain in operation and may be utilized by Contractor to the extent available. 2. Existing lighting systems at each location may be utilized by Contractor to the extent available. Any necessary additional or temporary lighting systems shall be provided by Contractor at no additional cost to Owner. 3. Contractor at its own expense shall make authorized connections to the existing power sources and shall extend temporary service lines to the required areas. Temporary wiring shall conform to Article 305 of the NEC. 4. Contractor shall at all times provide adequately against waste and needless use of power. Electrical power shall be used only in such quantities as will not interfere with Owner's requirements, and care shall be taken not to overload the existing facilities. Contractor shall provide any additional or temporary electrical power or power of other voltages it may require for prosecution of the Work. 01 50 00 TEMPORARY FACILITIES AND CONTROLS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 171 of 308 c. These provisions shall not be construed as a guarantee by Agency of the uninterrupted continuation of power, and interruptions beyond the control of Agency shall not be reason for claims for additional costs nor for extensions of time. Contractor shall provide, at no additional cost to Agency, any necessary power required for prosecution of the Work during such interruptions. 1.05 SANITARY FACILITIES a. Contractor shall furnish temporary sanitary facilities at the Site, as provided in the Contract, for the needs of all construction workers and others performing Work or furnishing services on the Project. b. Sanitary facilities shall be of reasonable capacity, properly maintained throughout the construction period, and obscured from public view to the greatest practical extent. If toilets of the chemically treated type are used, at least 1 toilet will be furnished for each 20 persons. Contractor shall enforce the use of such sanitary facilities by all personnel at the Site. 1.06 VOICE AND DATA SERVICES (This section not used) 1.07 CONSTRUCTION AIDS a. Contractor shall furnish, install, maintain, and operate all construction aids required by it and its Subcontractors in the performance of the Work, except as otherwise provided in the Contract. b. Contractor under Contract shall provide construction aids necessary for the performance of Work by other Contractors on the Project. Such construction aids shall be suitable for conditions encountered and shall include: 1. Elevators and hoists 2. Cranes 3. Temporary enclosures 4. Swing staging 5. Scaffolding 6. Temporary stairs c. Construction aids shall be furnished without charge to the other Contractors, and all necessary erection, maintenance, and operating personnel shall be included. In the event of conflict, the Contractor furnishing the equipment shall determine priorities in the best interest of the Project. d. The use of any plant equipment, whether furnished and installed under this Contract or not, including elevators, shop cranes, heating, ventilating, air conditioning, and plumbing fixtures, shall be only with Agency's written permission. 1.08 MAINTENANCE OF TRAFFIC a. Contractor shall conduct its Work to interfere as little as possible with public travel, whether vehicular or pedestrian. Whenever it is necessary to cross, obstruct, or close roads, driveways, and walks, whether public or private, Contractor shall provide and maintain suitable and safe bridges, detours, or other temporary expedients for the 01 50 00 TEMPORARY FACILITIES AND CONTROLS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 172 of 308 accommodation of public and private travel, and shall give reasonable notice to owners of private drives before interfering with them. Such maintenance of traffic will not be required when Contractor has obtained permission from the Agency and tenant of private property, or from the authority having jurisdiction over public property involved, to obstruct traffic at the designated point. b. Detours. Where required by the authority having jurisdiction thereover that traffic be maintained over any Construction Work in a public street, road, or highway, and the traffic cannot be maintained on the alignment of the original roadbed or pavement, Contractor shall, at its own expense, construct and maintain a detour around the Construction Work. Each detour shall include a bridge across the pipe trench and all necessary barricades, guardrails, approaches, lights, signals, signs, and other devices and precautions necessary for protection of the Work and safety of the public. 1.09 BARRICADES AND LIGHTS a. All streets, roads, highways, and other public thoroughfares which are closed to traffic shall be protected by effective barricades on which shall be placed acceptable warning signs. Barricades shall be located at the nearest intersecting public highway or street on each side of the blocked section. b. All open trenches and other excavations shall have suitable barricades, signs, and lights to provide adequate protection to the public. Obstructions, such as material piles and equipment, shall be provided with similar warning signs and lights. c. All barricades and obstructions shall be illuminated with warning lights from sunset to sunrise. Material storage and conduct of the Work on or alongside public streets and highways shall cause the minimum obstruction and inconvenience to the traveling public. d. All barricades, signs, lights, and other protective devices shall be installed and maintained in conformity with applicable statutory requirements and, where within railroad and highway rights-of-way, as required by the authority having jurisdiction thereover. 1.10 FENCES a. All existing fences affected by the Work shall be maintained by Contractor until completion of the Work. Fences which interfere with construction operations shall not be relocated or dismantled until written permission is obtained from the owner of the fence, and the period the fence may be left relocated or dismantled has been agreed upon. Where fences must be maintained across the construction easement, adequate gates shall be installed. Gates shall be kept closed and locked at all times when not in use. b. On completion of the Work across any tract of land, Contractor shall restore all fences to their original or to a better condition and to their original locations. 1.11 PROTECTION OF PUBLIC AND PRIVATE PROPERTY a. Contractor shall protect, shore, brace, support, and maintain all underground pipes, conduits, drains, and other underground construction uncovered or otherwise affected by its construction operations. All pavement, surfacing, driveways, curbs, walks, buildings, 01 50 00 TEMPORARY FACILITIES AND CONTROLS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 173 of 308 utility poles, guy wires, fences, and other surface structures affected by construction operations, together with all sod and shrubs in yards, parkways, and medians, shall be restored to their original condition, whether within or outside the easement. All replacements shall be made with new materials. b. No trees shall be removed outside the permanent easement, except where authorized by the Engineer or Consulting Engineer. Whenever practicable, Contractor shall tunnel beneath trees in yards and parking lots when on or near the line of trench. Hand excavation shall be employed as necessary to prevent injury to trees. Trees left standing shall be adequately protected against damage from construction operations. c. Contractor shall be responsible for all damage to streets, roads, highways, shoulders, ditches, embankments, culverts, bridges, and other public or private property, regardless of location or character, which may be caused by transporting equipment, materials, or workers to or from the Work Site or any part of it, whether by Contractor or its Subcontractors. Contractor shall make satisfactory and acceptable arrangements with the owner of, or the agency or authority having jurisdiction over, the damaged property concerning its repair or replacement or payment of costs incurred in connection with the damage. d. All fire hydrants and water control valves shall be kept free from obstruction and available for use at all times. 1.12 DAMAGE TO EXISTING PROPERTY a. Contractor will be held responsible for any damage to existing structures, Work, materials, or equipment because of its operations and shall repair or replace any damaged structures, Work, materials, or equipment to the satisfaction of, and at no additional cost to, Agency. b. Contractor shall protect all existing structures and property from damage and shall provide bracing, shoring, or other work necessary for such protection. c. Contractor shall be responsible for all damage to streets, roads, curbs, sidewalks, highways, shoulders, ditches, embankments, culverts, bridges, or other public or private property, which may be caused by transporting equipment, materials, or workers to or from the Work Site. Contractor shall make satisfactory and acceptable arrangements with the agency having jurisdiction over the damaged property concerning its repair or replacement. 1.13 TREE AND PLANT PROTECTION a. All trees and other vegetation which must be removed to perform the Work shall be removed and disposed of by Contractor; however, no trees or cultured plants shall be unnecessarily removed unless their removal is indicated on the Drawings. All trees and plants not removed shall be protected against injury from construction operations. b. Trees considered by Engineer to have any significant effect on construction operations are indicated on the Drawings and those which are to be preserved are so indicated. 01 50 00 TEMPORARY FACILITIES AND CONTROLS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 174 of 308 c. Contractor shall take extra measures to protect trees designated to be preserved, such as erecting barricades, trimming to prevent damage from construction equipment, and installing pipe and other Work by means of hand excavation or tunneling methods. Such trees shall not be endangered by stockpiling excavated material or storing equipment against their trunks. d. When injuring or removal of trees designated to be preserved cannot be avoided, or when removal and replacement is indicated on the Drawings, each tree injured beyond repair or removed shall be replaced with a similar tree of the nearest size possible. e. All trimming, repair, and replacement of trees and plants shall be performed by qualified nursery workers or horticulturists. 1.14 SECURITY a. Contractor shall be responsible for protection of the Site, and all Work, materials, equipment, and existing facilities thereon, against vandals and other unauthorized persons. b. No claim shall be made against Agency by reason of any act of an employee or trespasser, and Contractor shall make good all damage to Agency’s property resulting from Contractor's failure to provide security measures as specified. c. Security measures shall be at least equal to those usually provided by Agency’s to protect Agency’s existing facilities during normal operation, but shall also include such additional security fencing, barricades, lighting, watchman services, and other measures as required to protect the Site. 1.15 ACCESS ROADS (This section not used) 1.16 PARKING a. Contractor shall provide and maintain suitable parking areas for the use of all workers and others performing Work or furnishing services in connection with the Project, as required to avoid any need for parking personal vehicles where they may interfere with public traffic, Agency’s operations, or construction activities. 1.17 NOISE CONTROL a. Contractor shall take reasonable measures to avoid unnecessary noise. Such measures shall be appropriate for the normal ambient sound levels in the area during working hours. All construction machinery and vehicles shall be equipped with practical sound- muffling devices, and operated in a manner to cause the least noise consistent with efficient performance of the Work. b. During construction activities on or adjacent to occupied buildings, and when appropriate, Contractor shall erect screens or barriers effective in reducing noise in the building and shall conduct its operations to avoid unnecessary noise which might interfere with the activities of building occupants. 01 50 00 TEMPORARY FACILITIES AND CONTROLS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 175 of 308 1.18 DUST CONTROL a. Contractor shall take reasonable measures to prevent unnecessary dust. Earth surfaces subject to dusting shall be kept moist with water or by application of a chemical dust suppressant. When practicable, dusty materials in piles or in transit shall be covered to prevent blowing dust. b. Buildings or operating facilities which may be affected adversely by dust shall be adequately protected from dust. Existing or new machinery, motors, instrument panels, or similar equipment shall be protected by suitable dust screens. Proper ventilation shall be included with dust screens. 1.19 TEMPORARY DRAINAGE PROVISIONS a. Contractor shall provide for the drainage of storm water and such water as may be applied or discharged on the Site in performance of the Work. Drainage facilities shall be adequate to prevent damage to the Work, the Site, and adjacent property. b. Existing drainage channels and conduits shall be cleaned, enlarged, or supplemented as necessary to carry all increased runoff attributable to Contractor's operations. Dikes shall be constructed as necessary to divert increased runoff from entering adjacent property (except in natural channels), to protect Agency’s facilities and the Work, and to direct water to drainage channels or conduits. Ponding shall be provided as necessary to prevent downstream flooding. 1.20 EROSION CONTROL a. Contractor shall prevent erosion of soil on the Site and adjacent property resulting from its construction activities. Effective measures shall be initiated prior to the commencement of clearing, grading, excavation, or other operation that will disturb the natural protection. b. Work shall be scheduled to expose areas subject to erosion for the shortest possible time, and natural vegetation shall be preserved to the greatest extent practicable. Temporary storage and construction buildings shall be located, and construction traffic routed, to minimize erosion. Temporary fast-growing vegetation or other suitable ground cover shall be provided as necessary to control runoff. 1.21 POLLUTION CONTROL a. Contractor shall prevent the pollution of drains and watercourses by sanitary wastes, sediment, debris, and other substances resulting from construction activities. No sanitary wastes shall be permitted to enter any drain or watercourse other than sanitary sewers. No sediment, debris, or other substance shall be permitted to enter sanitary sewers, and reasonable measures shall be taken to prevent such materials from entering any drain or watercourse. 1.22 PEST AND RODENT CONTROL a. At the time of acceptance, structures renovated under the Contract shall be free of rodents, insects, vermin, and pests. Necessary extermination work shall be arranged and paid for by the Contractor as part of the Work within the Contract time and shall be 01 50 00 TEMPORARY FACILITIES AND CONTROLS Date Printed: September 14, 2023 Document Version: 1.0 Current Update: May 2023 Page 176 of 308 performed by a licensed exterminator in accordance with requirements of governing authorities. The Contractor shall be liable for injury to persons or property and responsible for the elimination of offensive odors resulting from extermination operations. PART 2 PRODUCTS (NOT USED) PART 3 EXECUTION (NOT USED) END OF SECTION TECHNICAL SPECIFICATIONS TECHNICAL SPECIFICATIONS CALAVERA HILLS COMMUNITY CENTER RE-ROOFING AND RE-PAINTING TABLE OF CONTENTS TABLE OF CONTENTS DIVISION 01 GENERAL REQUIREMENTS 01 10 00 SUMMARY DIVISION 02 EXISTING CONDITIONS 02 41 19 SELECTIVE DEMOLITION DIVISION 07 THERMAL AND MOISTURE PROTECTION 07 01 50.19 PREPARATION FOR REROOFING 07 01 50.73 REHABILITATION OF MODIFIED BITUMINOUS MEMBRANE ROOFING 07 41 13.16 METAL ROOF PANELS, STANDING SEAM 07 46 46 FIBER-CEMENT SIDING 07 54 16 KEYTONE ETHYLENE ESTER (KEE) ROOFING (UPPER GYMNASIUM ROOF) 07 62 00.02 SHEET METAL FLASHING AND TRIM DIVISION 09 FINISHES 09 24 00 CEMENT PLASTERING 09 91 13 EXTERIOR PAINTING DIVISION 11 EQUIPMENT 11 24 29.01 FACILITY FALL PROTECTION END OF TABLE OF CONTENTS City of Carlsbad, CA Technical Specifications Calavera Hills Park Re-roofing and Re-painting 01 10 00 - Page 1 SUMMARY SECTION 01 10 00 - SUMMARY PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section Includes: 1. Project information. 2. Work covered by Contract Documents. 3. Access to site. 4. Specification and Drawing conventions. 1.3 PROJECT INFORMATION A. Project Identification: Calavera Community Center exterior improvements. 1. Project Location: 2997 Glasgow Dr., Carlsbad, Ca. B. Owner: City of Carlsbad C. Architect: Platt/Whitelaw Architects, Inc. 1.4 WORK COVERED BY CONTRACT DOCUMENTS A. The Work of Project is defined by the Contract Documents and consists of the following scope of work at Main Building and Restroom/Concessions Building): 1. Calavera Upper Roof section summary scope includes: a) Leave existing roof membrane in place, tear off base flashings. b) Install 1.5" tapered iso crickets and cover board in low rise foam adhesive. City of Carlsbad, CA Technical Specifications Calavera Hills Park Re-roofing and Re-painting 01 10 00 - Page 2 SUMMARY c) Install 60 mil KEE FB membrane in adhesive. d) Install specified flashings and accessories including safety yellow walk surface path from ladder access to all roof top service locations and drains. e) Raise curbs as needed for new flashing height, install fall protection screens on skylights. f) Remove and replace perimeter coping (all roof levels) with new made of the same material as the metal roofing, unless otherwise noted. g) 30 year QA warranty for this roof section. 2. Calavera Mechanical Roof area. Summary scope is as follows: a) Properly prepare existing roof to receive fluid applied roof system. b) Install bio based fully reinforced polyurethane system on all field and flashings at specified coverage rates. c) Install non-skid walkway coat leading from roof access location to and around roof top service units. d) Install designated fall protection upgrades. e) Replace perimeter coping with new system made from the same material as the metal roofing. f) Reglaze large skylight. g) Replace ladder to upper roof with new Cal-OSHA approved access ladder with a parapet step over. h) Provide City with 25 year system warranty. 3. Calavera Metal Roof to replace concrete tiles on the sloped roof areas. Applies to Main Building and Restroom/Concessions Building. Summary scope is as follows: a) Properly prepare existing roof down to wood deck, inspect and replace any damaged wood decking. b) Install high temperate rated peel and stick underlayment City of Carlsbad, CA Technical Specifications Calavera Hills Park Re-roofing and Re-painting 01 10 00 - Page 3 SUMMARY c) Install Tremlock T-238 standing seam metal roof with specified flashings and accessories. d) Provide City with 30 year system warranty. 5. Additional scope of Work. Includes main building and Restroom/Concessions Building). a) Patch and repair exterior cement plaster system as required. b) Repaint all previously painted surfaces including exterior cement plaster, exposed CMU, and metal. c) Remove horizontal wood fascia and dispose off-site. Inspect substrate and replace framing or sheathing as required. Replace wood fascia boards with fibrous cement board over weather barrier. B. Type of Contract: 1. Project will be constructed under a single prime contract. 1.5 ACCESS TO SITE A. General: Contractor shall have full use of Project site for construction operations during construction period. Contractor's use of Project site is limited only by Owner's right to perform work or to retain other contractors on portions of Project. 1. Driveways, Walkways and Entrances: Keep driveways and entrances serving premises clear and available to Owner, Owner's employees, Patrons, and emergency vehicles at all times. Do not use these areas for parking or for storage of materials. a. Schedule deliveries to minimize use of driveways and entrances by construction operations. b. Schedule deliveries to minimize space and time requirements for storage of materials and equipment on-site. B. Restricted Substances: Use of tobacco products and other controlled substances is not permitted. C. Employee Identification: Provide identification tags for Contractor personnel working on Project site. Require personnel to use identification tags at all times. D. Employee Screening: Comply with Owner's requirements for drug and background screening of Contractor personnel working on Project site. 1. Maintain list of approved screened personnel with Owner's representative. City of Carlsbad, CA Technical Specifications Calavera Hills Park Re-roofing and Re-painting 01 10 00 - Page 4 SUMMARY 1.6 SPECIFICATION AND DRAWING CONVENTIONS A. Specification Content: The Specifications use certain conventions for the style of language and the intended meaning of certain terms, words, and phrases when used in particular situations. These conventions are as follows: 1. Imperative mood and streamlined language are generally used in the Specifications. The words "shall," "shall be," or "shall comply with," depending on the context, are implied where a colon (:) is used within a sentence or phrase. 2. Specification requirements are to be performed by Contractor unless specifically stated otherwise. 1.8 DEFINITIONS PERTAINING TO THE CONTRACT DOCUMENTS A. Furnish: To purchase and deliver. B. Install: To place into final position and connect. C. Provide: To furnish and install. D. Informational Submittal: A submittal provided for information only, does not require Engineer’s response. E. Action Submittal: Information and samples submitted that require Engineer's response. F. "As shown", "as detailed", "as indicated" or words of similar import mean as indicated on the drawings. G. "As selected", "as approved" or words of similar import mean as selected by, as approved by, or as accepted by the Architect. H. "Approved equal", "or equal" shall mean as approved and accepted by the Architect. I. "As required" means as required by the contract documents. J. "As necessary" means essential to the completion of the work. K. "Concealed" means not visible in the finished work. L. "Exposed" means visible in the finished work. City of Carlsbad, CA Technical Specifications Calavera Hills Park Re-roofing and Re-painting 01 10 00 - Page 5 SUMMARY M. "Days" means working days. N. Substantial Completion: That stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. 1.7 SPECIFICATION AND DRAWING CONVENTIONS A. Division 01 General Requirements: Requirements of Sections in Division 01 apply to the Work of all Sections in the Specifications. B. Drawing Coordination: Requirements for materials and products identified on Drawings are described in detail in the Specifications. One or more of the following are used on Drawings to identify materials and products: 1. Terminology: Materials and products are identified by the typical generic terms used in the individual Specifications Sections. 2. Abbreviations: Materials and products may be identified by. 3. Keynoting: Materials and products are identified by reference keynotes referencing Specification Section numbers found in this Project Manual. PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION (Not Used) END OF SECTION 01 10 00 City of Carlsbad, CA Technical Specifications Calavera Hills Park Re-roofing and Re-painting 024119 - Page 1 of 7 SELECTIVE DEMOLITION SECTION 024119 - SELECTIVE DEMOLITION PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section Includes: 1. Demolition and removal of selected portions of building or structure. 2. Lifting and reinstallation of rooftop items. B. Related Requirements: 1. Section 01 10 00 "Summary" for use of the premises, phasing requirements, interim housing considerations, coordination with occupants, etc. 1.3 DEFINITIONS A. Remove: Detach items from existing construction and dispose of them off-site unless indicated to be salvaged or reinstalled. B. Remove and Reinstall: Detach items from existing construction, in a manner to prevent damage, prepare for reuse, and reinstall where indicated. C. Existing to Remain: Leave existing items that are not to be removed and that are not otherwise indicated to be salvaged or reinstalled. D. Dismantle: To remove by disassembling or detaching an item from a surface, using gentle methods and equipment to prevent damage to the item and surfaces; disposing of items unless indicated to be salvaged or reinstalled. 1.4 MATERIALS OWNERSHIP A. Unless otherwise indicated, demolition waste becomes property of Contractor. City of Carlsbad, CA Technical Specifications Calavera Hills Park Re-roofing and Re-painting 024119 - Page 2 of 7 SELECTIVE DEMOLITION 1.5 PRE-INSTALLATION MEETINGS A. Pre-demolition Conference: Conduct conference at Project site. 1. Inspect and discuss condition of construction to be selectively demolished. 2. Review structural load limitations of existing structure. 3. Review and finalize selective demolition schedule and verify availability of materials, demolition personnel, equipment, and facilities needed to make progress and avoid delays. 4. Review requirements of work performed by other trades that rely on substrates exposed by selective demolition operations. 5. Review areas where existing construction is to remain and requires protection. 1.6 INFORMATIONAL SUBMITTALS A. Proposed Protection Measures: Submit report, including Drawings, that indicates the measures proposed for protecting individuals and property, for environmental protection, for dust control and for noise control. Indicate proposed locations and construction of barriers. B. Schedule of Selective Demolition Activities: Indicate the following: 1. Detailed sequence of selective demolition and removal work, with starting and ending dates for each activity. Ensure Owner on-site operations are uninterrupted. 2. Interruption of utility services. Indicate how long utility services will be interrupted. 3. Coordination for shutoff, capping, and continuation of utility services. 4. Coordination of Owner continuing occupancy of portions of existing buildings. 5. Means of protection for items to remain and items in path of waste removal from building. C. Warranties: Documentation indicating that existing warranties are still in effect after completion of selective demolition. 1.7 FIELD CONDITIONS A. The Owner will occupy the building during demolition and construction. Conduct selective demolition so the Owner’s operations will not be disrupted. B. Conditions existing at time of inspection for bidding purpose will be maintained by the Owner as far as practical. C. Notify the Owner and Architect of discrepancies between existing conditions and Drawings before proceeding with selective demolition. City of Carlsbad, CA Technical Specifications Calavera Hills Park Re-roofing and Re-painting 024119 - Page 3 of 7 SELECTIVE DEMOLITION D. Hazardous Materials: It is not expected that hazardous materials will be encountered in the Work as the buildings were constructed in 1988. 1. It is the responsibility of the Contractor to confirm that there are no hazardous materials. If suspected hazardous materials are encountered, do not disturb; immediately notify the Owner and Architect. E. Termite Infestation: It is not expected that active termite infestations will be encountered in the Work. 1. If active termite infestations are encountered, do not disturb; immediately notify the Owner who will have the infestations investigated. Allow three days when no work will be permitted on those portions of the Work suspected of having active termite infestations. F. Storage or sale of removed items or materials on-site is not permitted. G. Utility Service: Maintain existing utilities and protect them against damage during selective demolition operations. 1.8 WARRANTY A. Existing Warranties: Remove, replace, patch, and repair materials and surfaces cut or damaged during selective demolition, by methods and with materials and using approved contractors so as not to void existing warranties. Notify warrantor before proceeding. Existing warranties include the following: 1. Rooftop mechanical equipment. B. Notify warrantor on completion of selective demolition, and obtain documentation verifying that existing system has been inspected and warranty remains in effect. Submit documentation at Project closeout. 1.9 COORDINATION A. Arrange selective demolition schedule so as not to interfere with the Owner operations. City of Carlsbad, CA Technical Specifications Calavera Hills Park Re-roofing and Re-painting 024119 - Page 4 of 7 SELECTIVE DEMOLITION PART 2 - PRODUCTS 2.1 PERFORMANCE REQUIREMENTS A. Regulatory Requirements: Comply with governing EPA notification regulations before beginning selective demolition. Comply with hauling and disposal regulations of authorities having jurisdiction. B. Standards: Comply with ANSI / ASSE A10.6 and NFPA 241. PART 3 - EXECUTION 3.1 EXAMINATION A. Verify that the relevant utilities have been disconnected and capped before starting selective demolition operations. B. Review Project Record Documents of existing construction or other existing condition information provided by the Owner. The Owner does not guarantee that existing conditions are same as those indicated in Project Record Documents. C. When unanticipated mechanical, electrical, or structural elements that conflict with intended function or design are encountered, investigate and measure the nature and extent of conflict. Promptly submit a written report to the Owner and Architect. 3.2 PREPARATION A. Refrigerant: Before starting demolition, remove refrigerant from mechanical equipment, if required, according to 40 CFR 82 and regulations of authorities having jurisdiction. 3.3 UTILITY SERVICES AND MECHANICAL/ELECTRICAL SYSTEMS A. Existing Services/Systems to Remain: Maintain services/systems and protect them against damage. B. Existing Services/Systems to be lifted and reinstalled: Locate, identify, disconnect, and seal or cap off utility services and mechanical/electrical systems serving areas to be selectively demolished as required. City of Carlsbad, CA Technical Specifications Calavera Hills Park Re-roofing and Re-painting 024119 - Page 5 of 7 SELECTIVE DEMOLITION 1. Disconnect plumbing, HVAC systems, equipment, and components that will conflict with the installation of roofing systems. a. Equipment to Be Lifted and Reinstalled: Disconnect and cap services and remove, clean, and store equipment if it cannot remain on roof. Reinstall, reconnect, and make equipment operational. 3.4 PROTECTION A. Temporary Protection: Provide temporary barricades and other protection required to prevent injury to people and damage to adjacent buildings and facilities to remain. 1. Provide protection to ensure safe passage of people around selective demolition area and to and from occupied portions of building. 2. Provide temporary weather protection, during interval between selective demolition of existing construction on exterior surfaces and new construction, to prevent water leakage and damage to structure and interior areas. 3. Protect walls, ceilings, floors, and other existing finish work that are to remain or that are exposed during selective demolition operations. B. Remove temporary barricades and protections where hazards no longer exist. 3.5 SELECTIVE DEMOLITION, GENERAL A. General: Demolish and remove existing construction only to the extent required by new construction and as indicated. Use methods required to complete the Work within limitations of governing regulations and as follows: 1. Proceed with selective demolition systematically, from higher to lower level. Complete selective demolition operations above each floor or tier before disturbing supporting members on the next lower level. 2. Neatly cut openings and holes plumb, square, and true to dimensions required. Use cutting methods least likely to damage construction to remain or adjoining construction. Use hand tools or small power tools designed for sawing or grinding, not hammering and chopping. Temporarily cover openings to remain. 3. Cut or drill from the exposed or finished side into concealed surfaces to avoid marring existing finished surfaces. 4. Do not use cutting torches until work area is cleared of flammable materials. At concealed spaces, such as duct and pipe interiors, verify condition and contents of hidden space before starting flame-cutting operations. Maintain fire watch and portable fire- suppression devices during flame-cutting operations. 5. Remove decayed, vermin-infested, or otherwise dangerous or unsuitable materials and promptly dispose of off-site. 6. Dispose of demolished items and materials promptly. City of Carlsbad, CA Technical Specifications Calavera Hills Park Re-roofing and Re-painting 024119 - Page 6 of 7 SELECTIVE DEMOLITION B. Site Access and Temporary Controls: Conduct selective demolition and debris-removal operations to ensure minimum interference with roads, streets, walks, walkways, and other adjacent occupied and used facilities. C. Removed and Reinstalled Items: 1. Clean and repair items to functional condition adequate for intended reuse. 2. Protect items from damage during construction and/or storage. 3. Reinstall items at original locations. Comply with installation requirements for new materials and equipment. Provide connections, supports, and miscellaneous materials necessary to make item functional for use indicated. D. Existing Items to Remain: Protect construction indicated to remain against damage and soiling during selective demolition. When permitted by Owner, items may be removed to a suitable, protected storage location during selective demolition and cleaned and reinstalled in their original locations after selective demolition operations are complete. 3.6 SELECTIVE DEMOLITION PROCEDURES FOR SPECIFIC MATERIALS A. Roofing: Remove no more existing roofing than what can be covered in one day by new roofing and so that building interior remains watertight and weathertight. See Sections 070150.19, 070150.73, 074113.16 and 075416 for new roofing requirements. 1. Remove existing roof membrane, flashings, copings, and roof accessories as noted in drawings and other specification sections. 3.7 DISPOSAL OF DEMOLISHED MATERIALS A. Remove demolition waste materials from Project site and dispose of them in an EPA-approved construction and demolition waste landfill acceptable to authorities having jurisdiction. 1. Do not allow demolished materials to accumulate on-site. 2. Remove and transport debris in a manner that will prevent spillage on adjacent surfaces and areas. 3. Remove debris from elevated portions of building by chute, hoist, or other device that will convey debris to grade level in a controlled descent. B. Burning: Do not burn demolished materials. City of Carlsbad, CA Technical Specifications Calavera Hills Park Re-roofing and Re-painting 024119 - Page 7 of 7 SELECTIVE DEMOLITION 3.8 CLEANING A. Clean adjacent structures and improvements of dust, dirt, and debris caused by selective demolition operations. Return adjacent areas to condition existing before selective demolition operations began. END OF SECTION 02 41 19 City of Carlsbad, CA Technical Specifications Calavera Hills Park Re-roofing and Re-painting 070150.19 - Page 1 of 5 PREPARATION FOR RE-ROOFING SECTION 070150.19 - PREPARATION FOR RE-ROOFING PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Roof re-cover preparation of existing roof system. Removal of base flashings. 1.2 DESCRIPTION OF WORK A. Re-roofing preparation Work consists of the following: 1. Preparation for Main Upper Roof: a. Preparation for: Roof replacement. b. Existing Roof Type: Granular surfaced modified bituminous. c. Existing Deck Type: Wood deck. d. Removal of base flashings. 1.3 MATERIALS OWNERSHIP A. Except for items or materials indicated to be reused, reinstalled, or otherwise indicated to remain Owner's property, demolished materials shall become Contractor's property and shall be removed from Project site. 1.4 DEFINITIONS A. Roofing Terminology: Refer to ASTM D1079 "Standard Terminology Relating to Roofing and Waterproofing" and glossary in applicable edition of NRCA's "The NRCA Roofing Manual: Membrane Roof Systems" for definition of terms related to roofing work in this Section. B. Roof Re-Cover Preparation: Existing roofing membrane that is to remain and be prepared for installation of new roofing system over existing system. C. Remove: Detach items from existing construction and legally dispose of them off-site unless indicated to be removed and reinstalled. D. Existing to Remain: Existing items of construction that are not indicated to be removed. E. Construction Waste: Building and site improvement materials and other solid waste resulting from construction, remodeling, renovation, or repair operations. Construction waste includes packaging. City of Carlsbad, CA Technical Specifications Calavera Hills Park Re-roofing and Re-painting 070150.19 - Page 2 of 5 PREPARATION FOR RE-ROOFING F. Demolition Waste: Building and site improvement materials resulting from demolition or selective demolition operations. G. Disposal: Removal off-site of demolition and construction waste and subsequent sale, recycling, reuse, or deposit in landfill or incinerator acceptable to authorities having jurisdiction. H. Recycle: Recovery of demolition or construction waste for subsequent processing in preparation for reuse. I. Salvage: Recovery of demolition or construction waste and subsequent sale or reuse in another facility. J. Salvage and Reuse: Recovery of demolition or construction waste and subsequent incorporation into the Work. 1.5 QUALITY ASSURANCE A. Installer Qualifications: Installer of new membrane roofing system. 1. Approved by warrantor of existing roof system to work on existing roofing. B. Regulatory Requirements: 1. Comply with governing EPA notification regulations before beginning membrane roofing removal. 2. Comply with hauling and disposal regulations of authorities having jurisdiction. 1.6 PROJECT / FIELD CONDITIONS A. Owner will occupy portions of building immediately below reroofing area. 1. Conduct reroofing so Owner's operations will not be disrupted. 2. Provide Owner with not less than 48 hours' written notice of activities that may affect Owner's operations. 3. Before working over structurally impaired areas of deck, notify Owner to evacuate occupants from below the affected area. a. Verify that occupants below the work area have been evacuated before proceeding with work over the impaired deck area. B. Protect building to be reroofed, adjacent buildings, walkways, site improvements, exterior plantings, and landscaping from damage or soiling from reroofing operations. C. Maintain access to existing walkways, corridors, and other adjacent occupied or used facilities. D. Limit construction loads on roof to rooftop equipment wheel loads and uniformly distributed loads. City of Carlsbad, CA Technical Specifications Calavera Hills Park Re-roofing and Re-painting 070150.19 - Page 3 of 5 PREPARATION FOR RE-ROOFING E. Weather Limitations: Proceed with reroofing preparation only when existing and forecasted weather conditions permit Work to proceed without water entering existing roofing system or building. 1. Remove only as much roofing in one day as can be made watertight in the same day. F. Daily Protection: Coordinate installation of roofing so insulation and other components of roofing system not permanently exposed are not subjected to precipitation or left uncovered at the end of the workday or when rain is forecast. G. Hazardous Materials: It is not expected that hazardous materials such as asbestos-containing materials will be encountered in the Work as the buildings were constructed in 1988. It is however the contractor’s responsibility to confirm that no hazardous materials are present. 1. If materials suspected of containing hazardous materials are encountered, do not disturb; immediately notify Architect and Owner. PART 2 - PRODUCTS PART 3 - EXECUTION 3.1 PREPARATION, GENERAL A. Test existing roof drains to verify that they are not blocked or restricted. 1. Immediately notify Owner of any blockages or restrictions. B. Pollution Control: Comply with environmental regulations of authorities having jurisdiction. Limit spread of dust and debris. 1. Remove and transport debris in a manner that will prevent spillage on adjacent surfaces and areas. 2. Remove debris from building roof by chute, hoist, or other device that will convey debris to grade level. C. Temporary Weather Protection: During removal operations, have sufficient and suitable materials on-site to facilitate rapid installation of temporary protection in the event of unexpected rain. D. Roof Drain Protection: Maintain roof drains in functioning condition to ensure roof drainage at end of each workday. 1. Prevent debris from entering or blocking roof drains and conductors. a. Use roof-drain plugs specifically designed for this purpose. b. Remove roof-drain plugs at end of each workday, when no work is taking place, or when rain is forecast. E. Inspect wood blocking, curbs, and nailers for deterioration and damage. City of Carlsbad, CA Technical Specifications Calavera Hills Park Re-roofing and Re-painting 070150.19 - Page 4 of 5 PREPARATION FOR RE-ROOFING 1. Replace existing wood components that exhibit signs of deterioration or other conditions detrimental to securement of roofing system components, including roof edge flashings. 2. Reuse of Existing Wood Nailers: Permitted where type, size and securement are in accordance with Factory Mutual Loss Prevention Data Bulletin 1-49; and existing wood nailers exhibit no signs of deterioration or other conditions detrimental to securement of new roofing system in conformance with specified requirements. 3.2 EQUIPMENT REMOVAL AND REINSTALLATION A. General: Remove, store, protect and reinstall rooftop equipment as required to accommodate roof tear-off and subsequent roofing work. 1. Raise roof curbs, equipment mountings and other roof penetration flashings as required to accommodate additional insulation thickness and maintain base flashing height of not less than 8 inches (200 mm), unless otherwise indicated. a. Provide wood assemblies and additional support with miscellaneous galvanized steel angles, as required to rebuild or raise existing roof curbs. b. Extend vent and soil stacks and other roof penetrations, using matching materials, as required to accommodate additional insulation thickness. 3.3 ROOF RE-COVER PREPARATION A. Preparation of Existing Membrane Substrate: Prepare roof in accordance with new roofing manufacturer's requirements. Remove blisters, ridges, buckles, and other substrate irregularities from existing roofing membrane that inhibit new cover boards and roofing membrane from conforming to substrate. 1. Broom clean existing substrate. 3.4 BASE FLASHING REMOVAL A. Remove existing base flashings around parapets, curbs, walls, and penetrations. 1. Clean substrates of contaminants, such as asphalt, sheet materials, dirt, and debris. B. Do not damage metal counterflashings that are to remain. 1. Replace metal counterflashings damaged during removal with counterflashings of same metal, weight or thickness, and finish. 3.5 DISPOSAL A. Collect demolished materials and place in containers. Promptly dispose of demolished materials. Do not allow demolished materials to accumulate on-site. 1. Storage or sale of demolished items or materials on-site is not permitted. City of Carlsbad, CA Technical Specifications Calavera Hills Park Re-roofing and Re-painting 070150.19 - Page 5 of 5 PREPARATION FOR RE-ROOFING B. Transport and legally dispose of demolished materials off Owner's property. 3.6 CLEANING A. Clean adjacent structures and improvements of dust, dirt, and debris caused by preparation for re- roofing operations. Return adjacent areas to condition existing before operations began. END OF SECTION 070150. City of Carlsbad, CA Technical Specifications Calavera Hills Park Re-roofing and Re-painting 07 01 50.73 - Page 1 of 13 REHABILITATION OF MODIFIED BITUMINOUS MEMBRANE ROOFING SECTION 07 01 50.73 - REHABILITATION OF MODIFIED BITUMINOUS MEMBRANE ROOFING PART 1 - GENERAL 1.1 SUMMARY A. This Section includes the following: 1. Roof preparation. 2. Application of fluid-applied roof membrane and flashings over existing modified bituminous membrane roofing. B. Related Information: 1.2 ROOFING CONFERENCES A. Roofing Rehabilitation Preinstallation Conference: Conduct conference at Project site to review methods and procedures related to roofing system. 1. Meet with Owner; Architect; roofing re-coating materials manufacturer's representative; roofing re-coating Installer including project manager and foreman; and installers whose work interfaces with or affects re-coating including installers of roof accessories and roof- mounted equipment requiring removal and replacement as part of the Work. 2. Review methods and procedures related to re-coating preparation, including membrane roofing system manufacturer's written instructions. 3. Review temporary protection requirements for existing roofing system that is to remain, during and after installation. 4. Review roof drainage during each stage of re-coating and review roof drain plugging and plug removal procedures. 5. Review and finalize construction schedule, and verify availability of materials, Installer's personnel, equipment, and facilities needed to make progress and avoid delays. 6. Review base flashings, special roofing details, drainage, penetrations, equipment curbs, and condition of other construction that will affect re-coating. 7. Review existing conditions that may require notification of Owner before proceeding. 1.3 MATERIALS OWNERSHIP A. Demolished materials shall become Contractor's property and shall be removed from Project site. City of Carlsbad, CA Technical Specifications Calavera Hills Park Re-roofing and Re-painting 07 01 50.73 - Page 2 of 13 REHABILITATION OF MODIFIED BITUMINOUS MEMBRANE ROOFING 1.4 DEFINITIONS A. Roofing Terminology: Refer to ASTM D1079 "Standard Terminology Relating to Roofing and Waterproofing" and glossary in NRCA's "The NRCA Roofing Manual: Membrane Roof Systems" for definition of terms related to roofing work in this Section. B. Roofing Coating Preparation: Existing roofing that is to remain and be prepared to accept restorative coating application. C. Patching: Removal of a portion of existing membrane roofing system from deck or removal of selected components and accessories from existing membrane roofing system and replacement with compatible similar materials. D. Remove: Detach items from existing construction and legally dispose of them off-site unless indicated to be removed and reinstalled. E. Existing to Remain: Existing items of construction that are not indicated to be removed. F. Construction Waste: Building and site improvement materials and other solid waste resulting from construction, remodeling, renovation, or repair operations. Construction waste includes packaging. G. Demolition Waste: Building and site improvement materials resulting from re-roofing preparation, demolition, or selective demolition operations. H. Disposal: Removal off-site of demolition and construction waste and subsequent sale, recycling, reuse, or deposit in landfill or incinerator acceptable to authorities having jurisdiction. I. Informational Submittal: A submittal provided for information only, does not require Engineer’s response. J. Action Submittal: Information and samples submitted that require Engineer's response. 1.5 ACTION SUBMITTALS A. Product Data: For each type of product specified. B. Sustainable Design Submittals: 1. Product Test Reports: For roof coating, indicating that coated roof will comply with solar reflectance index requirement. 2. Indicate CRRC Compliance. 3. Indicate Food, Conservation, and Energy Act of 2008 Bio-based material requirement compliance. a. Indicate type of bio-based material in product. City of Carlsbad, CA Technical Specifications Calavera Hills Park Re-roofing and Re-painting 07 01 50.73 - Page 3 of 13 REHABILITATION OF MODIFIED BITUMINOUS MEMBRANE ROOFING b. Indicate the percentage of bio-based content per unit of product. 1.6 INFORMATIONAL SUBMITTALS A. Qualification Data: For Installer, Manufacturer, and Roofing Inspector. 1. Letter written for this Project indicating manufacturer approval of Installer to apply specified products and provide specified warranty. B. Contractor's Product Certificate: Submit notarized certificate, indicating products intended for Work of this Section, including product names and numbers and manufacturers' names, with statement indicating that products to be provided meet the requirements of the Contract Documents. 1. Provide manufacturer's UL listing certificate for roofing system. C. Product Test Reports: If requested, based on evaluation of comprehensive tests performed by manufacturer and witnessed by a qualified testing agency, for components of roofing rehabilitation system. D. Proposed Protection Measures: Submit report, including Drawings, that indicates the measures proposed for protecting individuals and property, for environmental protection, and for dust control. Indicate proposed locations and construction of barriers. E. Warranties: Unexecuted sample copies of special warranties. F. Existing Conditions Photographs: Show existing conditions of adjoining construction and site improvements, including exterior and interior finish surfaces, which might be misconstrued as having been damaged by re-coating operations. Submit before Work begins. G. Inspection Reports: Reports of Roofing Inspector. Include weather conditions, description of work performed, tests performed, defective work observed, and corrective actions required and carried out. 1. Submit report within 48 hours after inspection. 1.7 CLOSEOUT SUBMITTALS A. Maintenance Data: To include in maintenance manuals. B. Warranties: Executed copies of approved warranty forms. 1.8 QUALITY ASSURANCE A. Installer Qualifications: An employer of workers trained and certified by manufacturer, including a full-time on-site supervisor with a minimum of three years' experience installing products comparable to those specified, able to communicate verbally with Contractor, and employees, and the following: City of Carlsbad, CA Technical Specifications Calavera Hills Park Re-roofing and Re-painting 07 01 50.73 - Page 4 of 13 REHABILITATION OF MODIFIED BITUMINOUS MEMBRANE ROOFING 1. Qualified by the manufacturer to install manufacturer's product and furnish warranty of type specified. B. Manufacturer Qualifications: Primary product manufacturer that is UL listed for roofing system identical to that specified for this Project with minimum five years' experience in manufacture of comparable products in successful use in similar applications, and able to furnish warranty with provisions matching specified requirements. C. Roofing Inspector Qualifications: A technical representative of manufacturer not engaged in the sale of products and experienced in the installation and maintenance of the specified roofing system, qualified to perform roofing observation and inspection specified in Field Quality Control Article, to determine Installer's compliance with the requirements of this Project, and approved by the manufacturer to issue warranty certification. The Roofing Inspector shall be one of the following: 1. An authorized full-time technical employee of the manufacturer. 2. An independent party certified as a Registered Roof Observer by the International Institute of Building Enclosure Consultants (formerly the Roof Consultants Institute) retained by the Contractor or the Manufacturer and approved by the Manufacturer. 1.9 FIELD CONDITIONS A. Weather Limitations: Proceed with rehabilitation work only when existing and forecasted weather conditions permit Work to proceed without water entering into existing roofing system or building. 1. Store all materials prior to application at temperatures recommended by manufacturer. 2. Apply coatings within range of ambient and substrate temperatures recommended by manufacturer. 3. Do not apply roofing in snow, rain, fog, or mist. B. Protect building to be rehabilitated, adjacent buildings, walkways, site improvements, exterior plantings, and landscaping from damage or soiling from rehabilitation operations. C. Maintain access to existing walkways, corridors, and other adjacent occupied or used facilities. D. Daily Protection: Coordinate installation of roofing so insulation and other components of roofing system not permanently exposed are not subjected to precipitation or left uncovered at the end of the workday or when rain is forecast. E. Owner will occupy portions of building immediately below re-coating area. Conduct re-coating so Owner's operations will not be disrupted. Provide Owner with not less than 72 hours' notice of activities that may affect Owner's operations. City of Carlsbad, CA Technical Specifications Calavera Hills Park Re-roofing and Re-painting 07 01 50.73 - Page 5 of 13 REHABILITATION OF MODIFIED BITUMINOUS MEMBRANE ROOFING 1.10 WARRANTY A. Manufacturer's Warranty: In which manufacturer agrees to repair or replace components of roofing system that fail in materials or workmanship within warranty period, as follows. 1. Form of Warranty: Tremco "Plain and Simple" warranty form, or equal. 2. Scope of Warranty: Work of this Section. 3. Warranty Period: 25 years from date of completion. 4. Inspections by Manufacturer: To occur every five years following completion. B. Installer Warranty: Installer's warranty signed by Installer, as follows. 1. Form of Warranty: Form acceptable to Roofing Manufacturer and Owner. 2. Scope of Warranty: Work of this Section. 3. Warranty Period: 5 years from date of completion. PART 2 - PRODUCTS 2.1 MANUFACTURERS A. Basis of Design: The roof system specified in this Section is based upon products of Tremco, Inc., Beachwood, OH, (800) 562-2728, www.tremcoroofing.com that are named in other Part 2 articles. Provide specified products or architects pre-approved equal. B. Source Limitations: Obtain components for roofing system from same manufacturer as membrane roofing or manufacturer approved by membrane roofing manufacturer. 2.2 PERFORMANCE REQUIREMENTS A. General Performance: Rehabilitated roofing shall withstand exposure to weather without failure or leaks due to defective manufacture or installation. 1. Accelerated Weathering: Roofing system shall withstand 5000 hours of exposure when tested according to ASTM G152, ASTM G154, or ASTM G155. B. Material Compatibility: Provide roofing materials that are compatible with one another under conditions of service and application required, as demonstrated by roofing manufacturer based on testing and field experience. C. Exterior Fire-Test Exposure: Roofing system exterior fire-test exposure performance following application of rehabilitation coating shall be not be less than that of the pre-rehabilitated roof performance when tested in accordance with ASTM E108, based upon manufacturer's tests of identical applications. City of Carlsbad, CA Technical Specifications Calavera Hills Park Re-roofing and Re-painting 07 01 50.73 - Page 6 of 13 REHABILITATION OF MODIFIED BITUMINOUS MEMBRANE ROOFING D. Energy Performance: Provide roof coating with initial solar reflectance index not less than 78 when calculated according to ASTM E1980, based upon testing of identical products by a qualified testing agency. E. Energy Performance: Provide rehabilitated roofing according to one of the following when tested according to CRRC-1: 1. Three-year, aged solar reflectance of not less than 0.55 and emissivity of not less than 0.75. F. Three-year, aged solar reflectance index of not less than 64 when calculated according to ASTM E1980. 2.3 MATERIALS A. General: Re-coating materials recommended by roofing system manufacturer for intended use and compatible with components of existing membrane roofing system. B. Infill Materials: Where required to replace test cores and to patch existing roofing, use infill materials matching existing membrane roofing system materials, unless otherwise indicated. C. Temporary Roof Drainage: Design and selection of materials for temporary roof drainage are responsibilities of the Contractor. 2.4 FLUID-APPLIED ROOFING MEMBRANE A. Polyurethane Elastomeric Fluid-Applied System: Two-coat fluid-applied roofing membrane formulated for application over prepared existing roofing substrate. 1. Polyurethane Roof Coating System Base Coat: Bio-based, low-odor low-VOC two-part, for use with a compatible top coat. a. Basis of design product: Tremco, AlphaGuard BIO Base Coat. b. Combustion Characteristics, UL 790: Maintains combustion characteristics of existing roof system. c. Volatile Organic Compounds (VOC), maximum, ASTM D3960: 1 g/L. d. Accelerated Weathering, 5000 hours, ASTM G154: Pass. e. Hardness, Shore A, minimum, ASTM D2240: 80. f. Solids, by volume, ASTM D2697: 100 percent. g. Bio-Based Content, Minimum: 70 percent. h. Minimum Thickness, Base Coat reinforced over Granular Surfaced MB: 64 mils (1.62 mm) wet. City of Carlsbad, CA Technical Specifications Calavera Hills Park Re-roofing and Re-painting 07 01 50.73 - Page 7 of 13 REHABILITATION OF MODIFIED BITUMINOUS MEMBRANE ROOFING 2. Polyurethane roof coating system top coat, bio-based low-odor low-VOC two-part, for application over compatible base coat. a. Basis of design product: Tremco, AlphaGuard BIO Top Coat. b. Combustion Characteristics, UL790: Maintains combustion characteristics of existing roof system. c. Volatile Organic Compounds (VOC), maximum, ASTM D3960: 6 g/L. d. Solar Reflectance Index (SRI), ASTM E1980: For white, not less than 103. e. Accelerated Weathering, 5000 hours, ASTM G 154: Pass. f. Hardness, Shore A, minimum, ASTM D2240: 81. g. Solids, by volume, ASTM D2697: 100 percent. h. Bio-Based Content, Minimum: 60 percent. i. Minimum Thickness, reinforced system: 48 mils (1.22 mm) wet. j. Color: White. B. Primers: 1. Primer for Non-Porous Surfaces: Single-part, water based primer to promote adhesion of urethanes to metals, PVC and other non-porous surfaces. a. Basis of design product: Tremco, AlphaGuard M-Prime. b. Volatile Organic Compounds (VOC), maximum, ASTM D3960: 22 g/L. c. Nonvolatile Content, minimum, ASTM D2369: 5 percent. d. Density at 77 deg F (25 deg C): 8.3 lb/gal (1kg/L). 2. Primer for Intercoat and Substrate Adhesion: Single-part, quick-drying primer to promote adhesion of urethane products to previous urethane coats and to other approved surfaces. a. Basis of design product: Tremco, Geogard Primer. b. Volatile Organic Compounds (VOC), maximum, ASTM D3960: 100 g/L. c. Coverage Rate, 400 sq. ft/ gal. (10 m2/ L): 4 mils (0.10 mm) wet. C. Fluid-Applied Membrane Reinforcing Fabric: City of Carlsbad, CA Technical Specifications Calavera Hills Park Re-roofing and Re-painting 07 01 50.73 - Page 8 of 13 REHABILITATION OF MODIFIED BITUMINOUS MEMBRANE ROOFING 1. Polyester Reinforcing and Protection Fabric: 100 percent stitch-bonded mildew-resistant polyester fabric intended for reinforcement of compatible fluid-applied membranes and flashings and as a protection layer under pavers or stone aggregates. a. Basis of design product: Tremco, Permafab. b. Tensile Strength, Minimum, ASTM D1682: 50 lbf (23 kg) avg.. c. Elongation, Minimum, ASTM D1682: 60 percent. d. Tear Strength, Minimum, ASTM D1117: 16 lbf (7.3 kg) avg.. e. Weight: 3 oz./sq. yd (102 g/sq. m). 2.5 AUXILIARY MATERIALS A. General: Auxiliary materials recommended by roofing system manufacturer for intended use and compatible with existing roofing system and fluid-applied roofing system. B. Seam and Detail Reinforcing Fabric: 1. Polyester Reinforcing and Protection Fabric: 100 percent stitch-bonded mildew-resistant polyester fabric intended for reinforcement of compatible fluid-applied membranes and flashings and as a protection layer under pavers or stone aggregates. a. Basis of design product: Tremco, Permafab. b. Tensile Strength, Minimum, ASTM D1682: 50 lbf (23 kg) avg.. c. Elongation, Minimum, ASTM D1682: 60 percent. d. Tear Strength, Minimum, ASTM D1117: 16 lbf (7.3 kg) avg.. e. Weight: 3 oz./sq. yd (102 g/sq. m). C. Joint Sealant: Elastomeric joint sealant compatible with applied coating, with movement capability appropriate for application. 1. Joint Sealant, Polyurethane: ASTM C920, Type S, Grade NS, Class 50 single-component moisture curing sealant, formulated for compatibility and use in dynamic and static joints; paintable. a. Basis of design product: Tremco, TremSEAL Pro. b. Volatile Organic Compounds (VOC), maximum, ASTM D3960: 40 g/L. c. Hardness, Shore A, ASTM C661: 40. d. Adhesion to Concrete, ASTM C794: 35 pli. City of Carlsbad, CA Technical Specifications Calavera Hills Park Re-roofing and Re-painting 07 01 50.73 - Page 9 of 13 REHABILITATION OF MODIFIED BITUMINOUS MEMBRANE ROOFING e. Tensile Strength, ASTM D412: 350 psi (2410 kPa). f. Color: White. D. Fasteners: Factory-coated steel fasteners and metal or plastic plates meeting corrosion-resistance provisions in FM 4470; designed for fastening roofing membrane components to substrate; tested by manufacturer for required pullout strength; and acceptable to roofing system manufacturer. E. Miscellaneous Accessories: Provide miscellaneous accessories recommended by roofing system manufacturer. 2.6 WALKWAYS A. Slip Resistant Aggregate for Fluid-Applied Walkways: 1. Aggregate, Slip Resistant Silica Sand: Silica sand, broadcast into fluid-applied roof coating products for use as aggregate fill for slip-resistant, abrasion-resistant coating applications. a. Basis of design product: Aggregate, Slip Resistant Silica Sand. b. Size: 20 - 40 mesh. c. Application Rate: Minimum 20 lb/100 sq ft (1 k/m2). d. Apply additional layer of top coat @ 1.5 gallons per square with 4” wide safety yellow strip on each side. PART 3 - EXECUTION 3.1 EXAMINATION A. Examine existing roofing substrates, with Installer present, for compliance with requirements and for other conditions affecting application and performance of roof coatings. 1. For the record, prepare written report, endorsed by Installer, listing conditions detrimental to performance. 2. Verify compatibility of approved re-coating system with and suitability of substrates. 3. Verify that substrates are visibly dry and free of moisture. 4. Verify that roofing membrane surfaces have adequately aged to enable proper bond with re-coating system base coat. 5. Verify that existing roofing membrane is free of blisters, splits, open laps, indications of shrinkage, and puncture damage or other indications of impending roof system failure. 6. Commencing application of fluid-applied re-coating membrane indicates acceptance of surfaces and conditions. City of Carlsbad, CA Technical Specifications Calavera Hills Park Re-roofing and Re-painting 07 01 50.73 - Page 10 of 13 REHABILITATION OF MODIFIED BITUMINOUS MEMBRANE ROOFING 3.2 PREPARATION A. Protect existing roofing system that is indicated not to be rehabilitated, and adjacent portions of building and building equipment. 1. Mask surfaces to be protected. Seal joints subject to infiltration by coating materials. 2. Limit traffic and material storage to areas of existing roofing membrane that have been protected. 3. Maintain temporary protection and leave in place until replacement roofing has been completed. B. Pollution Control: Comply with environmental regulations of authorities having jurisdiction. Limit spread of dust and debris. 1. Remove and transport debris in a manner that will prevent spillage on adjacent surfaces and areas. 2. Remove debris from building roof by chute, hoist, or other device that will convey debris to grade. C. Shut down air intake equipment in the vicinity of the Work in coordination with the Owner. Cover air intake louvers before proceeding with re-coating work that could affect indoor air quality or activate smoke detectors in the ductwork. 1. Verify that rooftop utilities and service piping affected by the Work have been shut off before commencing Work. D. Maintain roof drains in functioning condition to ensure roof drainage at end of each workday. Prevent debris from entering or blocking roof drains and conductors. Use roof-drain plugs specifically designed for this purpose. Remove roof-drain plugs at end of each workday, when no work is taking place, or when rain is forecast. 1. Do not permit water to enter into or under existing membrane roofing system components that are to remain. 3.3 ROOFING COATING PREPARATION A. Membrane Surface Preparation: 1. Remove loose granular aggregate from granular aggregate-surfaced built-up bituminous roofing with a power broom. 2. Remove walkway pads from roofing membrane. 3. Remove blisters, ridges, buckles, roofing membrane fastener buttons projecting above the membrane, and other substrate irregularities from existing roofing membrane that would inhibit application of uniform, waterproof coating. City of Carlsbad, CA Technical Specifications Calavera Hills Park Re-roofing and Re-painting 07 01 50.73 - Page 11 of 13 REHABILITATION OF MODIFIED BITUMINOUS MEMBRANE ROOFING 4. Broom clean existing substrate. 5. Substrate Cleaning: Clean substrate of contaminants such as dirt, debris, oil, and grease that can affect adhesion of coating by power washing at maximum 2,000 psi. (13,800 kPa). a. Dispose of waste water in accordance with requirements of authorities having jurisdiction. 6. Verify that existing substrate is dry before proceeding with application of coating. Spot check substrates with an electrical capacitance moisture-detection meter. 7. Verify adhesion of new products. B. Existing Flashing and Detail Preparation: Repair flashings, gravel stops, copings, and other roof- related sheet metal and trim elements. Reseal joints, replace loose or missing fasteners, and replace components where required to leave in a watertight condition. 1. Do not damage metal counterflashings that are to remain. Replace metal counterflashings damaged during removal with counterflashings of same metal, weight or thickness, and finish. 2. Roof Drains: Remove drain strainer and clamping ring. Grind metal surfaces down to clean, bare, metal. 3.4 FLUID-APPLIED FLASHING APPLICATION A. Fluid-Applied Flashing and Detail Base Coat Application: Complete base coat and fabric reinforcement at parapets, curbs, penetrations, and drains prior to application of field of fluid- applied membrane. Apply base coat in accordance with manufacturer's written instructions. 1. Apply base coat on prepared and primed surfaces and spread coating evenly. Extend coating minimum of 8 inches (200 mm) up vertical surfaces and 4 inches (100 mm) onto horizontal surfaces. 2. Back roll to achieve not less than minimum coating thickness indicated in Part 2 product listing, unless greater thickness is recommended by manufacturer. Verify thickness as work progresses. 3. Fabric Reinforcement: Embed fabric reinforcement into wet base coat. Lap adjacent flashing pieces of fabric minimum 3 inches (75 mm) along edges and 6 inches (150 mm) at end laps. a. Roll surface of fabric reinforcing to completely embed and saturate fabric. Leave finished base coat with fabric free of pin holes, voids, or openings. 4. Roof Drains: Install base coat onto surrounding membrane surface and metal drain bowl flange. Install target piece of fabric reinforcement immediately into wet base coat and roll to fully embed and saturate fabric. Reinstall clamping ring and strainer following application of top coat. Replace broken drain ring clamping bolts. City of Carlsbad, CA Technical Specifications Calavera Hills Park Re-roofing and Re-painting 07 01 50.73 - Page 12 of 13 REHABILITATION OF MODIFIED BITUMINOUS MEMBRANE ROOFING 5. Allow base coat to cure prior to application of top coat. 3.5 FLUID-APPLIED MEMBRANE APPLICATION A. Fluid-Applied Membrane Base Coat: Apply base coat to field of membrane in accordance with manufacturer's written instructions. 1. Apply base coat on prepared and primed surfaces and spread coating evenly. 2. Back roll to achieve not less than minimum coating thickness indicated in Part 2 product listing, unless greater thickness is recommended by manufacturer. Verify thickness as work progresses. 3. Fabric Reinforcement: Embed fabric reinforcement into wet base coat. Lap adjacent flashing pieces of fabric minimum 3 inches (75 mm) along edges and 6 inches (150 mm) at end laps. a. Roll surface of fabric reinforcing to completely embed and saturate fabric. Leave finished base coat with fabric free of pin holes, voids, or openings. b. Following curing of base coat and prior to application of top coat, sand raised or exposed edges of fabric reinforcement. B. Top Coat Application: Apply top coat to field of membrane and flashings uniformly in a complete, continuous installation. 1. Allow base coat to cure prior to application of top coat. 2. Following curing of base coat and prior to application of top coat, sand raised or exposed edges of fabric reinforcement. 3. Prime base coat prior to application of top coat if top coat is not applied within 72 hours of the base coat application, using manufacturer's recommended primer. 4. Apply top coat extending coating up vertical surfaces and out onto horizontal surfaces. Install top coat over field base coat and spread coating evenly. 5. Back roll to achieve not less than minimum coating thickness indicated in Part 2 product listing, unless greater thickness is recommended by manufacturer. Verify thickness as work progresses. 6. Avoid foot traffic on new fluid-applied membrane for a minimum of 24 hours. 3.6 WALKWAY INSTALLATION A. Install walkways following application of coating. Locate as indicated, or as directed by Owner. B. Slip-Resistant Walkway Topcoat: Apply walkway second topcoat following application and curing of top coat. Locate as indicated on Drawings. City of Carlsbad, CA Technical Specifications Calavera Hills Park Re-roofing and Re-painting 07 01 50.73 - Page 13 of 13 REHABILITATION OF MODIFIED BITUMINOUS MEMBRANE ROOFING 1. Mask walkway location with tape. 2. Prime first top coat prior to application of walkway top coat if walkway top coat is not applied within 72 hours of the first top coat application, using manufacturer's recommended primer. 3. Broadcast Slip-Resistant Top Coat Aggregate in wet top coat at rate indicated in Part 2 product listing or as otherwise recommended by coating manufacturer. a. Back roll aggregate filled top coat creating even dispersal of aggregate. Remove masking immediately. 3.7 FIELD QUALITY CONTROL A. Roofing Inspector: Manufacturers technical inspector shall provide daily site visits and provide field reports with photos to report job progress, compliance with specifications and job quality. B. Repair fluid-applied membrane where test inspections indicate that they do not comply with specified requirements. C. Arrange for additional inspections, at Contractor's expense, to verify compliance of replaced or additional work with specified requirements. 3.8 DISPOSAL A. Collect demolished materials and place in containers. Promptly dispose of demolished materials. Do not allow demolished materials to accumulate on-site. 1. Storage or sale of demolished items or materials on-site is not permitted. B. Transport and legally dispose of demolished materials off Owner's property. 3.9 PROTECTING AND CLEANING A. Protect roofing system from damage and wear during remainder of construction period. B. Correct deficiencies in or remove coating that does not comply with requirements, repair substrates, and reapply coating. C. Clean overspray and spillage from adjacent construction using cleaning agents and procedures recommended by manufacturer of affected construction. END OF SECTION 07 01 50.73 City of Carlsbad Technical Specifications Calavera Hills Community Center Re-roofing and Re-painting 07 41 13.07 - Page 1 of 15 METAL ROOF PANELS, STANDING SEAM SECTION 07 41 13.07 - METAL ROOF PANELS, STANDING SEAM PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section Includes: 1. Architectural standing-seam metal roof panels. 2. Metal roof accessories. 3. Roof insulation. 4. Miscellaneous metal framing. 1.3 DEFINITIONS A. Metal Roof Panel Assembly: Metal roof panels, attachment system components, miscellaneous metal framing, thermal insulation, and accessories necessary for a complete weathertight roofing system. 1.4 PREINSTALLATION MEETINGS A. Preinstallation Conference: Conduct conference at Project site. 1. Meet with Owner, Architect, Owner's insurer if applicable, testing and inspecting agency representative, metal roof panel Installer, metal roof panel manufacturer's representative, substrate Installer, and installers whose work interfaces with or affects metal roof panels including installers of roof accessories and roof-mounted equipment. 2. Review and finalize construction schedule and verify availability of materials, Installer's personnel, equipment, and facilities needed to make progress and avoid delays. 3. Review methods and procedures related to metal roof panel installation, including manufacturer's written instructions. 4. Examine substrate conditions for compliance with requirements, including flatness and attachment to structural members. 5. Review structural loading limitations of substrate during and after roofing. 6. Review flashings, special roof details, roof drainage, roof penetrations, equipment curbs, and condition of other construction that will affect metal roof panels. City of Carlsbad Technical Specifications Calavera Hills Community Center Re-roofing and Re-painting 07 41 13.07 - Page 2 of 15 METAL ROOF PANELS, STANDING SEAM 7. Review governing regulations and requirements for insurance, certificates, and testing and inspecting if applicable. 8. Review temporary protection requirements for metal roof panel assembly during and after installation. 9. Review roof observation and repair procedures after metal roof panel installation. 10. Document proceedings, including corrective measures and actions required, and furnish copy of record to each participant. 1.5 ACTION SUBMITTALS A. Product Data: For each type of product indicated. Include construction details, material descriptions, dimensions of individual components and profiles, and finishes for each type of roof panel and accessory. C. Shop Drawings: Show fabrication and installation layouts of metal roof panels; details of edge conditions, side-seam and endlap joints, panel profiles, corners, anchorages, trim, flashings, closures, and accessories; and special details specific to project, signed and sealed by the qualified professional engineer responsible for their preparation. Indicate point of fixity of metal panels. Distinguish between factory- and field-assembled work. D. Accessory Details: Include details of the following items: 1. Flashing and trim. 2. Pipe penetration flashings. 3. Roof curbs. 4. Gutters. 5. Downspouts. E. Delegated-Design Submittal: For metal roof panel assembly indicated to comply with performance requirements and design criteria, including analysis data signed and sealed by the metal roof panel manufacturer's qualified professional engineer responsible for their preparation. Include the following: 1. Structural analysis data indicating compliance with Performance Requirements Article. F. Samples for Initial Selection: For each type of metal roof panel indicated with factory-applied color finishes. 1. Include similar Samples of trim and accessories involving color selection. G. Samples for Verification: For each type of exposed finish required, prepared on Samples of size indicated below: City of Carlsbad Technical Specifications Calavera Hills Community Center Re-roofing and Re-painting 07 41 13.07 - Page 3 of 15 METAL ROOF PANELS, STANDING SEAM 1. Metal Roof Panels: 12 inches (300 mm) long by actual panel width. Include fasteners, clips, closures, and other metal roof panel accessories. 2. Trim and Closures: 12 inches (300 mm) long. Include fasteners and other exposed accessories. 3. Accessories: 12-inch- (300-mm-) long Samples for each type of accessory. 1.6 INFORMATIONAL SUBMITTALS A. Qualification Data: For manufacturer, Installer, professional engineer, and manufacturer's technical representative. 1. Submit Installer qualifications in the form of an original letter on manufacturer's letterhead signed by authorized manufacturer representative. B. Material Certificates: For thermal insulation, from manufacturer. C. Product Test Reports: Based on evaluation of comprehensive tests performed by a qualified testing agency, for each product. Indicate compliance with requirements in Performance Requirements Article: 1. Air Infiltration. 2. Water Penetration. 3. Hydrostatic-Head Resistance. 4. Wind-Uplift Resistance. 5. FM Approvals Listing. 6. Solar Reflectance. 7. Minimum Emissivity Rating. D. Field Quality Control Reports. E. Sample Warranties: For special warranties. 1.7 CLOSEOUT SUBMITTALS A. Maintenance Data: For metal roof panels to include in maintenance manuals. 1.8 QUALITY ASSURANCE A. Manufacturer Qualifications: A manufacturer of plant-fabricated metal roof panel systems listed in this Section and meeting performance requirements, with a minimum of five years' experience providing metal roof panel systems for projects of similar type and scope, offering engineering, warranty, technical inspection, and maintenance inspection services specified. City of Carlsbad Technical Specifications Calavera Hills Community Center Re-roofing and Re-painting 07 41 13.07 - Page 4 of 15 METAL ROOF PANELS, STANDING SEAM B. Installer Qualifications: An employer of workers trained and certified by manufacturer, including a full-time on-site supervisor with a minimum of five years' experience installing similar work, able to communicate verbally with Contractor, Architect, and employees, and qualified by the manufacturer to furnish warranty of type specified. 1. Manufacturer's On-Site Roll Former Operators: Experienced full-time employees of metal roof panel manufacturer. C. Professional Engineer Qualification: A qualified professional engineer licensed in the project state, and experienced in metal roof panel system design similar to that required for Project. D. UL-Certified, Portable Roll-Forming Equipment: UL-certified, portable roll-forming equipment capable of producing metal panels warranted by manufacturer to be the same as factory-formed products. Maintain UL certification of portable roll-forming equipment for duration of work. E. Manufacturer's Technical Representative Qualifications: An authorized full-time employee representative of manufacturer, certified as a Registered Roof Observer by the Roof Consultants Institute, and experienced in the installation and maintenance of the specified roof panel system and qualified to determine Installer's compliance with the requirements of this Project. F. Testing Agency Qualifications: An independent testing agency with the experience and capability to conduct the testing and inspection indicated. 1. Inspection personnel shall be certified as a Registered Roof Observer by the Roof Consultants Institute, and shall be experienced in the installation and maintenance of the specified roofing system and qualified to determine Installer's compliance with the requirements of this Project. G. Source Limitations: Obtain metal roof panels and accessories and related engineered structural support members from a single source supplied or approved by metal roof panel manufacturer. 1.9 DELIVERY, STORAGE, AND HANDLING A. Deliver components, sheets, metal roof panels, and other manufactured items so as not to be damaged or deformed. Package metal roof panels for protection during transportation and handling. B. Unload, store, and erect metal roof panels in a manner to prevent bending, warping, twisting, and surface damage. C. Stack metal roof panels on platforms or pallets, covered with suitable weathertight and ventilated covering. Store metal roof panels to ensure dryness. Do not store metal roof panels in contact with other materials that might cause staining, denting, or other surface damage. D. Protect strippable protective covering on metal roof panels from exposure to sunlight and high humidity, except to extent necessary for period of metal roof panel installation. E. Protect foam-plastic insulation as follows: City of Carlsbad Technical Specifications Calavera Hills Community Center Re-roofing and Re-painting 07 41 13.07 - Page 5 of 15 METAL ROOF PANELS, STANDING SEAM 1. Do not expose to sunlight, except to extent necessary for period of installation and concealment. 2. Protect against ignition at all times. Do not deliver foam-plastic insulation materials to Project site before installation time. 3. Complete installation and concealment of plastic materials as rapidly as possible in each area of construction. 1.10 PROJECT CONDITIONS A. Weather Limitations: Proceed with installation only when existing and forecasted weather conditions permit metal roof panel work to be performed according to manufacturer's written instructions and warranty requirements. B. Field Measurements: Verify actual dimensions of construction contiguous with metal roof panels by field measurements before fabrication. 1.11 COORDINATION A. Coordinate sizes and locations of roof curbs, equipment supports, and roof penetrations with actual equipment provided. B. Coordinate metal roof panels with rain drainage work, flashing, trim, and construction of substrate, parapets, walls, and other adjoining work to provide a leakproof, secure, and noncorrosive installation. C. Air Barrier Coordination: Coordinate installation of roofing insulation with installation of wall air barrier system wall-to-roof transition material specified in Division 07 Section air barrier section to provide a continuous air barrier across roofing and adjacent assemblies. 1.12 WARRANTY A. Manufacturer's Warranty: Roof System Manufacturer's standard form in which Manufacturer agrees to repair or replace components of roofing system that fail in materials or workmanship within warranty period, as follows. 1. Form of Warranty: Manufacturer's standard warranty form. 2. Scope of Warranty: Work of this Section and including sheet metal details and termination details installed by the roof system Installer and approved by the Roof System Manufacturer. 3. Warranty Period: 30 years from date of completion. B. Extended Roof System Components: Warranties specified in this roofing Section include the following components and systems specified in other sections supplied by the roofing system Manufacturer, and installed by the roofing system Installer, except where separate warranty terms and conditions appear in the referenced section. City of Carlsbad Technical Specifications Calavera Hills Community Center Re-roofing and Re-painting 07 41 13.07 - Page 6 of 15 METAL ROOF PANELS, STANDING SEAM 1. Section 076200 "Sheet Metal Flashing and Trim": Shop formed sheet metal flashing items including roof penetration flashings. C. Installer Warranty: Installer's warranty signed by Installer, as follows. 1. Form of Warranty: Form acceptable to Roofing Manufacturer and Owner. 2. Scope of Warranty: Work of this Section. 3. Warranty Period: 5 years from date of completion. D. Manufacturer Inspection and Preventive Maintenance Service: To report maintenance responsibilities necessary for preservation of Owner's warranty rights and to perform periodic routine maintenance required, as described in Manufacturer's standard form. The cost of manufacturer's inspections and preventive maintenance is included in the Contract Sum. 1. Scope of Service: Manufacturer's standard form. 2. Inspections to occur in following years: 2, 5, 10, 15, 20 and 25 following completion. E. Metal Finishes: Written warranty in which Manufacturer agrees to repair finish or replace factory- finished components that show evidence of deterioration of factory-applied finishes under normal atmospheric conditions within specified warranty period. 1. Color fading, ASTM D 2244: Greater than 5 Hunter units. 2. Chalking, ASTM D 4214: Greater than a No. 8 rating. 3. Finish breakdown: Cracking, checking, peeling, or adhesive failure. 4. Finish Warranty Period: 30 years from date of Substantial Completion. PART 2 - PRODUCTS 2.1 MANUFACTURERS 2.2 PERFORMANCE REQUIREMENTS A. General Performance: Metal roof panels shall comply with performance requirements without failure due to defective manufacture, fabrication, installation, or other defects in construction. B. Delegated Design: Design metal roof panel assembly, including comprehensive engineering analysis by a qualified professional engineer, using performance requirements and design criteria indicated. C. Recycled Content of Steel Products: Postconsumer recycled content plus one-half of preconsumer recycled content not less than 25 percent. City of Carlsbad Technical Specifications Calavera Hills Community Center Re-roofing and Re-painting 07 41 13.07 - Page 7 of 15 METAL ROOF PANELS, STANDING SEAM D. Structural Performance: Provide metal roof panel assemblies and related engineered structural support members specified in Division 05 Section "Cold-Formed Metal Framing" withstanding the effects of the following loads, based on testing according to ASTM E 1592: 1. Wind Loads: As indicated on Drawings. 2. Other Design Loads: As indicated on Drawings. E. Hail Resistance: Provide metal roof panel assemblies listed with UL as Class 4 hail resistant panels. F. Air Infiltration: Air leakage through assembly of not more than the following when tested according to ASTM E 1680, based upon 16 inch (406 mm) wide panel: 1. Maximum 0.0001 cfm/sq. ft. (0.001 L/s x sq. m) of roof area at test-pressure difference of - 1.57 lbf/sq. ft.(-75.2 Pa). 2. Maximum 0.0028 cfm/sq. ft. (0.0028 L/s x sq. m) of roof area at test-pressure difference of - 20.00 lbf/sq. ft.(- 958 Pa). G. Water Penetration under Static Pressure: No water penetration when tested according to ASTM E 1646 at the following test-pressure difference: 1. Test-Pressure Difference: 20.00 lbf/sq. ft. (958 Pa). H. Hydrostatic-Head Resistance: No water penetration when tested according to ASTM E 2140. I. Thermal Movements: Allow for thermal movements resulting from ambient and surface temperature changes. Base calculations on surface temperatures of materials due to both solar heat gain and nighttime-sky heat loss. 1. Temperature Change (Range): [120 deg F (67 deg C), ambient; 180 deg F (100 deg C)], material surfaces. 2.3 ARCHITECTURAL STANDING-SEAM METAL ROOF PANELS A. General: Provide factory-formed metal roof panels designed to be installed by lapping and interconnecting raised side edges of adjacent panels with joint type indicated and mechanically attaching panels to supports using concealed clips in side laps. Include clips, cleats, pressure plates, and accessories required for weathertight installation. 1. Steel Panel Systems: Unless more stringent requirements are indicated, comply with ASTM E 1514. B. Vertical-Rib, Seamed-Joint, Standing-Seam Metal Roof Panels: Factory-formed symmetrical panels with vertical ribs at panel edges and flat pan between ribs; designed for sequential installation in either direction by mechanically attaching panels to supports using concealed clips located under one side of panels and engaging opposite edge of adjacent panels, and mechanically seaming panels together utilizing a seam cap, and configured to enable future replacement of individual panels without disturbing adjacent panels. City of Carlsbad Technical Specifications Calavera Hills Community Center Re-roofing and Re-painting 07 41 13.07 - Page 8 of 15 METAL ROOF PANELS, STANDING SEAM 1. Basis-of-Design Product: Tremco, Inc., TremLock T-238. 2. Aluminum-Zinc Alloy-Coated Steel Sheet: ASTM A 792/A 792M, Class AZ50 coating designation, Grade 50 (Class AZM150 coating designation, Grade 340), prepainted by the coil-coating process to comply with ASTM A 755/A 755M; structural quality. a. Thickness: 0.0236-inch/24 ga. (0.71-mm) minimum thickness. b. Surface: Smooth, flat finish. c. Exposed Coil-Coated Finish: 3-Coat Fluoropolymer. d. Exposed Finish: Exposed metallic coating. e. Color: As selected by Architect from manufacturer's standard colors meeting energy performance requirements. 3. Clips: Low-movement floating clips to accommodate thermal movement; fixed clips where design permits; intermittent or continuous clips as required to meet performance requirements; and with clip bearing plate where required. a. Material: 0.064-inch- (1.63-mm-) nominal thickness, zinc-coated (galvanized) or aluminum-zinc alloy-coated steel sheet. 4. Joint Type: Field mechanically seamed, with continuous factory-applied sealant. 5. Seam Cap: Match panel material and finish; provide with two rows of integral factory hot- applied sealant. 6. Panel Pan Configuration: Striated. 7. Panel Seam Height: Not less than 2-3/8 inch (60.3 mm). 8. Panel Coverage: 18 inches (457 mm). 2.4 METAL ROOF ACCESSORIES A. Metal Roof Accessories, General: Provide components approved by roof panel manufacturer and as required for a complete metal roof panel assembly including trim, copings, fasciae, corner units, ridge closures, clips, flashings, sealants, gaskets, fillers, closure strips, and similar items. Match material and finish of metal roof panels unless otherwise indicated. 1. Closures: Provide closures at eaves and ridges, fabricated of same metal as metal roof panels. 2. Backing Plates: Provide metal backing plates at panel end splices, fabricated from material recommended by manufacturer. B. Flashing and Trim: Formed from same material as roof panels, prepainted with coil coating, minimum 0.028 inch (0.71 mm) thick. Provide flashing and trim as required to seal against City of Carlsbad Technical Specifications Calavera Hills Community Center Re-roofing and Re-painting 07 41 13.07 - Page 9 of 15 METAL ROOF PANELS, STANDING SEAM weather and to provide finished appearance. Locations include, but are not limited to, eaves, rakes, corners, bases, framed openings, ridges, fasciae, and fillers. Finish flashing and trim with same finish system as adjacent metal roof panels. C. Pipe Penetration Flashings: Flexible boot type, with stainless steel compression ring, and stainless steel pipe strap. Use silicone-type boot at hot pipes. D. Pipe Penetration Flashing: Premolded EPDM pipe collar with flexible aluminum ring bonded to base and stainless steel pipe clamp to secure collar to pipe. E. Roof Curbs: Fabricated from aluminum sheet, minimum 0.080 inch (1.2 mm) thick; with bottom of skirt profiled to match roof panel profiles, and welded top box, integral internal fastener flange, and water diverter. Fabricate curb subframing of minimum 0.0598-inch- (1.5-mm-) thick, angle- , C-, or Z-shaped galvanized steel sheet. Fabricate curb and subframing to withstand indicated loads, of size and height indicated. Finish roof curbs to match metal roof panels. 1. Insulate roof curb with 1-inch- (25-mm-) thick, rigid insulation. 2.5 UNDERLAYMENT MATERIALS A. Self-Adhering, High-Temperature Sheet: 60 mils (0.76 to 1.0 mm) thick minimum, consisting of slip-resisting, polyethylene-film top surface laminated to layer of butyl or SBS-modified asphalt adhesive, with release-paper backing; cold applied. Provide primer when recommended by underlayment manufacturer. 1. Thermal Stability: Stable after testing at 240 deg F (116 deg C); ASTM D 1970. 2. Low-Temperature Flexibility: Passes after testing at minus 20 deg F (29 deg C); ASTM D 1970. 3. Membrane to provide class A rating without the use of a coverboard. 4. Basis of Design Product: Polystick XFR Fire Resistant Self-adhered Roof Underlayment by Polyglass/Mapei Group. B. Slip Sheet: Manufacturer's recommended slip sheet, of type required for application. 2.6 MISCELLANEOUS METAL FRAMING A. Zee Clips: 0.079-inch (2.01-mm) nominal thickness. B. Base or Sill Channels: (2.01-mm) 0.079-inch nominal thickness. C. Z-Shaped Furring: With slotted or nonslotted web, face flange of 1-1/4 inches (32 mm), wall attachment flange of 7/8 inch (22 mm), and depth required to fit insulation thickness indicated. 1. Nominal Thickness: As required to meet performance requirements. City of Carlsbad Technical Specifications Calavera Hills Community Center Re-roofing and Re-painting 07 41 13.07 - Page 10 of 15 METAL ROOF PANELS, STANDING SEAM D. Fasteners for Miscellaneous Metal Framing: Of type, material, size, corrosion resistance, holding power, and other properties required to fasten miscellaneous metal framing members to substrates. 2.7 MISCELLANEOUS MATERIALS A. Panel Fasteners: Self-tapping screws, bolts, nuts, self-locking rivets and bolts, end-welded studs, and other suitable fasteners designed to withstand design loads. Provide exposed fasteners with heads matching color of metal roof panels by means of plastic caps or factory-applied coating. Provide EPDM, PVC, or neoprene sealing washers. 2.8 FABRICATION A. Fabricate and finish metal roof panels and accessories at the factory to greatest extent possible, by manufacturer's standard procedures and processes and as necessary to fulfill indicated performance requirements. Comply with indicated profiles and with dimensional and structural requirements. B. On-Site Fabrication: Subject to compliance with requirements of this Section, metal panels may be fabricated on-site using UL-certified, portable roll-forming equipment if panels are of same profile and warranted by manufacturer to be equal to factory-formed panels. Fabricate according to equipment manufacturer's written instructions and to comply with details shown. C. Provide panel profile, including major ribs and intermediate stiffening ribs, if any, for full length of panel. D. Fabricate metal roof panel side laps with factory-installed captive gaskets or separator strips that provide a tight seal and prevent metal-to-metal contact, in a manner that will seal weathertight and minimize noise from movements within panel assembly. E. Sheet Metal Accessories: Fabricate flashing and trim to comply with recommendations in SMACNA's "Architectural Sheet Metal Manual" that apply to the design, dimensions, metal, and other characteristics of item indicated. 1. Form exposed sheet metal accessories that are without excessive oil canning, buckling, and tool marks and that are true to line and levels indicated, with exposed edges folded back to form hems. 2. Conceal fasteners and expansion provisions where possible. Exposed fasteners are not allowed on faces of accessories exposed to view. 3. Fabricate cleats and attachment devices of size and metal thickness recommended by SMACNA's "Architectural Sheet Metal Manual" or by metal roof panel manufacturer for application, but not less than thickness of metal being secured. 2.9 FINISHES A. Comply with NAAMM's "Metal Finishes Manual for Architectural and Metal Products" for recommendations for applying and designating finishes. City of Carlsbad Technical Specifications Calavera Hills Community Center Re-roofing and Re-painting 07 41 13.07 - Page 11 of 15 METAL ROOF PANELS, STANDING SEAM B. Protect mechanical and painted finishes on exposed surfaces from damage by applying a strippable, temporary protective covering before shipping. C. Appearance of Finished Work: Noticeable variations in same piece are not acceptable. Variations in appearance of adjoining components are acceptable if they are within the range of approved Samples and are assembled or installed to minimize contrast. D. Steel Panels and Accessories: 1. Three-Coat Fluoropolymer: AAMA 621. Fluoropolymer finish containing not less than 70 percent PVDF resin by weight in both color coat and clear topcoat. Prepare, pretreat, and apply coating to exposed metal surfaces to comply with coating and resin manufacturers' written instructions. 2. Concealed Finish: Apply pretreatment and manufacturer's standard white or light-colored acrylic or polyester backer finish, consisting of prime coat and wash coat with a minimum total dry film thickness of 0.5 mil (0.013 mm). PART 3 - EXECUTION 3.1 EXAMINATION A. Examine substrates, areas, and conditions, with Installer present, for compliance with requirements for installation tolerances, metal roof panel supports, and other conditions affecting performance of the Work. 1. Examine solid roof substrate to verify that substrate joints are supported by framing or blocking and that installation is within flatness tolerances required by metal roof panel manufacturer. 2. Examine roughing-in for components and systems penetrating metal roof panels to verify actual locations of penetrations relative to seam locations of metal roof panels before metal roof panel installation. 3. For the record, prepare written report, endorsed by Installer, listing conditions detrimental to performance of the Work. 4. Proceed with installation only after unsatisfactory conditions have been corrected. 3.2 PREPARATION A. Clean substrates as recommended by underlayment and metal roofing manufacturer(s). B. Miscellaneous Framing: Install subpurlins, eave angles, furring, and other miscellaneous roof panel support members and anchorage according to metal roof panel manufacturer's written instructions. City of Carlsbad Technical Specifications Calavera Hills Community Center Re-roofing and Re-painting 07 41 13.07 - Page 12 of 15 METAL ROOF PANELS, STANDING SEAM 3.3 UNDERLAYMENT INSTALLATION A. Self-Adhering Sheet Underlayment: Apply primer if required by manufacturer. Comply with temperature restrictions of underlayment manufacturer for installation. Apply at locations indicated below, wrinkle free, in shingle fashion to shed water, and with end laps of not less than 6 inches (150 mm) staggered 24 inches (600 mm) between courses. Overlap side edges not less than 3-1/2 inches (90 mm). Extend underlayment into gutter trough. Roll laps with roller. Cover underlayment within 14 days. 1. Apply over entire roof surface. 2. Comply with requirements for fire rated construction. B. Apply slip sheet over underlayment before installing metal roof panels. C. Install flashings to cover underlayment to comply with requirements specified in Division 07 Section "Sheet Metal Flashing and Trim." 3.4 METAL ROOF PANEL INSTALLATION, GENERAL A. Provide metal roof panels of full length from eave to ridge unless otherwise indicated or restricted by shipping limitations. B. Thermal Movement. Rigidly fasten metal roof panels to structure at one and only one location for each panel. Allow remainder of panel to move freely for thermal expansion and contraction. Predrill panels for fasteners. 1. Point of Fixity: Fasten each panel along a single line of fixing located at ridge. 2. Avoid attaching accessories through roof panels in a manner that will inhibit thermal movement. C. Install metal roof panels as follows: 1. Commence metal roof panel installation and install minimum of 300 sq. ft. (27.8 sq. m) in presence of factory-authorized representative. 2. Field cutting of metal panels by torch or abrasive saw is not permitted. 3. Install panels perpendicular to supporting purlins. 4. Locate and space fastenings in uniform vertical and horizontal alignment. 5. Provide metal closures at rake edges, rake walls, and each side of ridge and hip caps. 6. Flash and seal metal roof panels with weather closures at eaves, rakes, and perimeter of all openings. 7. Install ridge and hip caps as metal roof panel work proceeds. City of Carlsbad Technical Specifications Calavera Hills Community Center Re-roofing and Re-painting 07 41 13.07 - Page 13 of 15 METAL ROOF PANELS, STANDING SEAM 8. End Splices: Locate panel end splices over, but not attached to, structural supports. Stagger panel end splices to avoid a four-panel splice condition. 9. Install metal flashing to allow moisture to run over and off metal roof panels. D. Fasteners: 1. Steel Roof Panels: Use stainless-steel fasteners for surfaces exposed to the exterior and galvanized-steel fasteners for surfaces exposed to the interior. E. Anchor Clips: Anchor metal roof panels and other components of the Work securely in place, using manufacturer's approved fasteners according to manufacturers' written instructions. F. Note that existing roof sheathing is ½” plywood. Basis of Design system installation instructions are based on 5/8” minimum plywood. Decrease fastener spacing/increase number of fasteners per system manufacturer to accommodate the thinner sheathing. G. Metal Protection: Where dissimilar metals will contact each other or corrosive substrates, protect against galvanic action by painting contact surfaces with bituminous coating, by applying rubberized-asphalt underlayment to each contact surface, or by other permanent separation as recommended by metal roof panel manufacturer. 1. Use slip sheet where roof panels will contact wood, ferrous metal, or cementitious construction. H. Joint Sealers: Install gaskets, joint fillers, and sealants where indicated and where required for weatherproof performance of metal roof panel assemblies. Provide types of gaskets, fillers, and sealants indicated or, if not indicated, types recommended by metal roof panel manufacturer. 1. Seal metal roof panel end laps with double beads of tape or sealant, full width of panel. Seal side joints where recommended by metal roof panel manufacturer. 2. Prepare joints and apply sealants to comply with requirements in Division 07 Section "Joint Sealants." 3.5 METAL ROOF PANEL INSTALLATION A. Standing-Seam Metal Roof Panels: Fasten metal roof panels to supports with concealed clips at each standing-seam joint at location, spacing, and with fasteners recommended by manufacturer. 1. Install clips to supports with self-tapping fasteners. 2. Install pressure plates at locations indicated in manufacturer's written installation instructions. 3. Erection Tolerances: Shim and align metal roof panel units within installed tolerance of 1/4 inch in 20 feet (1:960) on slope and location lines as indicated and within 1/8 inch (3 mm) offset of splices and alignment of matching profiles. City of Carlsbad Technical Specifications Calavera Hills Community Center Re-roofing and Re-painting 07 41 13.07 - Page 14 of 15 METAL ROOF PANELS, STANDING SEAM 4. Seamed Joint: Crimp standing seams with manufacturer-approved, motorized seamer tool so clip, metal roof panel, and factory-applied sealant are completely engaged. 5. Watertight Installation: a. Apply a continuous ribbon of sealant or tape to seal joints of metal panels, using sealant or tape as recommend in writing by manufacturer as needed to make panels watertight. b. Provide sealant or tape between panels and protruding equipment, vents, and accessories. 3.6 ACCESSORY INSTALLATION A. General: Install accessories with positive anchorage to building and weathertight mounting 1. Install components required for a complete metal roof panel assembly including trim, copings, ridge closures, seam covers, flashings, sealants, gaskets, fillers, closure strips, and similar items. B. Flashing and Trim: Comply with performance requirements and manufacturer's written installation instructions. Provide concealed fasteners where possible, and set units true to line and level as indicated. Install work with laps, joints, and seams that will be permanently watertight and weather resistant. 1. Form trim and transition joints using compressed joints with captive butyl sealant capable of resisting static water pressure. Cleated joints and exposed joint sealants do not meet this requirement. 2. Install exposed flashing and trim that is without excessive oil canning, buckling, and tool marks and that is true to line and levels indicated, with exposed edges folded back to form hems. Install sheet metal flashing and trim to fit substrates and to result in waterproof and weather-resistant performance. 3. Expansion Provisions: Provide for thermal expansion of exposed flashing and trim. Space movement joints at a maximum of 10 feet (3 m) with no joints allowed within 24 inches (600 mm) of corner or intersection. Where lapped expansion provisions cannot be used or would not be sufficiently weather resistant and waterproof, form expansion joints of intermeshing hooked flanges, not less than 1 inch (25 mm) deep, filled with mastic sealant (concealed within joints). C. Roof Curbs: Install curbs at locations indicated on Drawings. Install flashing around bases where they meet metal roof panels. D. Pipe Flashing: Form flashing around pipe penetration and metal roof panels. Fasten and seal to metal roof panels as recommended by manufacturer. City of Carlsbad Technical Specifications Calavera Hills Community Center Re-roofing and Re-painting 07 41 13.07 - Page 15 of 15 METAL ROOF PANELS, STANDING SEAM 3.7 FIELD QUALITY CONTROL A. Manufacturer’s Technical Representative: Engage a qualified manufacturer’s technical representative acceptable to Owner for a minimum of 7 full-time days on site to perform substrate examination, interim observations, and final roof inspections, and to prepare reports. B. Remove and replace applications of metal roof panels where inspections indicate that they do not comply with specified requirements. C. Additional inspections, at Contractor's expense, will be performed to determine compliance of replaced or additional work with specified requirements. 3.8 CLEANING A. Remove temporary protective coverings and strippable films, if any, as metal roof panels are installed unless otherwise indicated in manufacturer's written installation instructions. On completion of metal roof panel installation, clean finished surfaces as recommended by metal roof panel manufacturer. Maintain in a clean condition during construction. B. Replace metal roof panels that have been damaged or have deteriorated beyond successful repair by finish touchup or similar minor repair procedures. END OF SECTION 07 41 13.07 City of Carlsbad, CA Technical Specifications Calavera Hills Park Re-roofing and Re-painting 07 46 46 - Page 1 of 4 FIBER CEMENT SIDING SECTION 07 46 46 - FIBER-CEMENT SIDING PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section includes fiber-cement siding and soffit. 1.3 COORDINATION A. Coordinate siding installation with flashings and other adjoining construction to ensure proper sequencing. 1.4 ACTION SUBMITTALS A. Product Data: For each type of product. Include construction details, material descriptions, dimensions of individual components and profiles, and finishes. B. Samples for Initial Selection: For fiber-cement siding and soffit including related accessories. 1.5 INFORMATIONAL SUBMITTALS A. Product Certificates: For each type of fiber-cement siding and soffit. B. Product Test Reports: Based on evaluation of comprehensive tests performed by a qualified testing agency, for fiber-cement siding. C. Research/Evaluation Reports: For each type of fiber-cement siding required, from ICC-ES. D. Sample Warranty: For special warranty. 1.6 CLOSEOUT SUBMITTALS A. Maintenance Data: For each type of product, including related accessories, to include in maintenance manuals. City of Carlsbad, CA Technical Specifications Calavera Hills Park Re-roofing and Re-painting 07 46 46 - Page 2 of 4 FIBER CEMENT SIDING 1.7 MAINTENANCE MATERIAL SUBMITTALS A. Furnish extra materials that match products installed and that are packaged with protective covering for storage and identified with labels describing contents. 1. Furnish full lengths of fiber-cement siding, including related accessories, in a quantity equal to 2 percent of amount installed. 1.8 DELIVERY, STORAGE, AND HANDLING A. Deliver and store packaged materials in original containers with labels intact until time of use. B. Store materials on elevated platforms, under cover, and in a dry location. 1.9 WARRANTY A. Special Warranty: Manufacturer agrees to repair or replace products that fail in materials or workmanship within specified warranty period. 1. Failures include, but are not limited to, the following: a. Structural failures including cracking and deforming. b. Deterioration of materials beyond normal weathering. 2. Warranty Period: 25 years from date of Substantial Completion. PART 2 - PRODUCTS 2.1 MANUFACTURERS A. Source Limitations: Obtain products, including related accessories, from single source from single manufacturer. 2.2 FIBER-CEMENT SIDING A. General: ASTM C1186, Type A, Grade II, fiber-cement board, noncombustible when tested according to ASTM E136; with a flame-spread index of 25 or less when tested according to ASTM E84. 1. Manufacturers: Subject to compliance with requirements, provide products by one of the following: a. James Hardie Building Products, Inc. b. Certainteed; SAINT-GOBAIN. c. American Fiber Cement Corporation. City of Carlsbad, CA Technical Specifications Calavera Hills Park Re-roofing and Re-painting 07 46 46 - Page 3 of 4 FIBER CEMENT SIDING d. Or equal. B. Labeling: Provide fiber-cement siding that is tested and labeled according to ASTM C1186 by a qualified testing agency acceptable to authorities having jurisdiction. C. Nominal Thickness: Not less than 1/2 inch. D. Horizontal Pattern: Boards 6-1/4 to 8-1/4 inches wide. 1. Texture: Smooth. E. Color: Pre-painted by Manufacturer in full range of colors. Not only standard colors. F. Basis of Design: James Hardie Aspyre Artisan Siding with lock joint and V-groove. Color to be selected from either “Statement” collection or “Dream” collection. 2.3 ACCESSORIES A. Siding Accessories, General: Provide starter strips, edge trim, outside and inside corner caps, and other items as recommended by siding manufacturer for building configuration. 1. Provide accessories matching color and texture of adjacent siding unless otherwise indicated. B. Decorative Accessories: Provide the following fiber-cement decorative accessories as indicated: 1. Moldings and trim. C. Flashing: Provide aluminum flashing complying with Section 07 62 00.02 "Sheet Metal Flashing and Trim" at window and door heads and where indicated. 1. Finish for Aluminum Flashing: High-performance organic finish. D. Fasteners: 1. For fastening to wood, per manufacturer but not less than siding nails of sufficient length to penetrate a minimum of 1 inch into substrate. 2. For fastening to metal, per manufacturer but not less than ribbed bugle-head screws of sufficient length to penetrate a minimum of 1/4 inch, or three screw-threads, into substrate. 3. For fastening fiber cement, use hot-dip galvanized fasteners. E. Insect Screening for Soffit Vents: Aluminum, 18-by-16 mesh. F. Continuous Soffit Vents: Fry clear anodized aluminum 5/8” soffit vent, or equal sized to work with siding thickness. G. Weather Barrier: HardieWrap Weather Barrier with Hardie Seam Tape, or as recommended by siding manufacturer. City of Carlsbad, CA Technical Specifications Calavera Hills Park Re-roofing and Re-painting 07 46 46 - Page 4 of 4 FIBER CEMENT SIDING H. Flexible Flashing: Hardie Flex Flashing, or as recommended by siding manufacturer. PART 3 - EXECUTION 3.1 EXAMINATION A. Examine substrates for compliance with requirements for installation tolerances and other conditions affecting performance of fiber-cement siding and soffit and related accessories. B. Proceed with installation only after unsatisfactory conditions have been corrected. 3.2 PREPARATION A. Clean substrates of projections and substances detrimental to application. 3.3 INSTALLATION A. General: Comply with manufacturer's written installation instructions applicable to products and applications indicated unless more stringent requirements apply. 1. Do not install damaged components. 2. Install fasteners per manufacturer, but no more than 24 inches o.c. 3.4 ADJUSTING AND CLEANING A. Remove damaged, improperly installed, or otherwise defective materials and replace with new materials complying with specified requirements. B. Clean finished surfaces according to manufacturer's written instructions and maintain in a clean condition during construction. END OF SECTION 07 46 46 City of Carlsbad, CA Technical Specifications Calavera Hills Park Re-roofing and Re-painting 07 54 16 - Page 1 of 13 KETONE ETHYLENE ESTER (KEE) ROOFING SECTION 075416 - KETONE ETHYLENE ESTER (KEE) ROOFING PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Adhered fleece back thermoplastic KEE roofing system on a prepared existing roof substrate, including: 2. Roof insulation. 3. Roof insulation cover board. 4. Walkway material. B. Related Sections: 1. Division 07 Section "Preparation for Re-Roofing" 2. Division 07 Section "Sheet Metal Flashing and Trim" for shop-formed sheet metal items including roof drainage system items, roof penetration flashings, base and counterflashings and reglets, and formed copings and roof edge metal items. 1.2 DEFINITIONS A. Roofing Terminology: Refer to ASTM D1079 "Standard Terminology Relating to Roofing and Waterproofing" and glossary in applicable edition of NRCA's "The NRCA Roofing Manual: Membrane Roof Systems" for definition of terms related to roofing work in this Section. 1.3 PREINSTALLATION MEETINGS A. Preinstallation Roofing Conference: Conduct conference at Project site. 1. Meet with Owner, Architect, roofing Installer, roofing system manufacturer's representative, and installers whose work interfaces with or affects roofing, including installers of roof accessories and roof-mounted equipment. 2. Review drawings and specifications. 3. Review methods and procedures related to roofing installation, including manufacturer's written instructions. 4. Review and finalize construction schedule and verify availability of materials, Installer's personnel, equipment, and facilities needed to make progress and avoid delays. City of Carlsbad, CA Technical Specifications Calavera Hills Park Re-roofing and Re-painting 07 54 16 - Page 2 of 13 KETONE ETHYLENE ESTER (KEE) ROOFING 5. Examine substrate conditions and finishes for compliance with requirements, including flatness and fastening. 6. Review structural loading limitations of roof deck during and after roofing. 7. Review base flashings, special roofing details, roof drainage, roof penetrations, equipment curbs, and condition of other construction that will affect roofing system. 8. Review governing regulations and requirements for insurance and certificates if applicable. 9. Review temporary protection requirements for roofing system during and after installation. 10. Review roof observation and repair procedures after roofing installation. 1.4 ACTION SUBMITTALS A. Product Data: For each type of product indicated. B. Sustainable Design Submittals: 1. Product Test Reports for Solar Reflectance: For roof materials, indicating that roof materials comply with Solar Reflectance Index requirement. 2. Product Data and Laboratory Test Reports: For adhesives and sealants, indicating compliance with requirements for low-VOC/low-emitting materials. C. Shop Drawings: For roofing system. Include plans, elevations, sections, details, and attachments to other work. 1. Base flashings and membrane terminations. a. Indicate details meet requirements of NRCA and FMG required by this Section. 2. Tapered insulation for crickets. 3. Roof plan showing types and orientation of roof deck and orientation of membrane roofing and fastening spacings and patterns for mechanically fastened membrane roofing if applicable. D. Samples for Verification: For the following products: 1. Sheet roofing, of color specified, including T-shaped side and end lap seam. 2. Walkway pads or rolls. City of Carlsbad, CA Technical Specifications Calavera Hills Park Re-roofing and Re-painting 07 54 16 - Page 3 of 13 KETONE ETHYLENE ESTER (KEE) ROOFING 1.5 INFORMATIONAL SUBMITTALS A. Contractor's Product Certificate: Submit certificate, indicating products intended for Work of this Section, including product names and numbers and manufacturers' names, with statement indicating that products to be provided meet the requirements of the Contract Documents. B. Qualification Data: For Installer, Manufacturer and Roofing Inspector. 1. Include letter from Manufacturer written for this Project indicating approval of Installer. C. Manufacturer Certificates: Signed by roofing manufacturer certifying that roofing system complies with requirements specified in "Performance Requirements" Article. 1. Submit evidence of compliance with performance requirements. a. Include: UL listing certificate. 2. Product Compatibility: Indicate manufacturer has verified compatibility of roofing system components, including but not limited to: Roofing membrane, flashing sheets, adhesives, and sealants. D. Product Test Reports: Based on evaluation of comprehensive tests performed by manufacturer and witnessed by a qualified testing agency, for components of membrane roofing system. E. Warranties: Unexecuted sample copies of special warranties. F. Inspection Reports: Reports of Roofing Inspector. Include weather conditions, description of work performed, tests performed, defective work observed, and corrective actions taken to correct defective work. 1. Submit reports within 48 hours after inspection. 1.6 CLOSEOUT SUBMITTALS A. Executed copies of warranties. B. Maintenance Data: To include in maintenance manuals. 1.7 QUALITY ASSURANCE A. Installer Qualifications: An employer of workers trained and certified by manufacturer, including a full-time on-site supervisor with a minimum of five years' experience installing products comparable to those specified, able to communicate verbally with Contractor, Architect, and employees, and qualified by the manufacturer to install manufacturer's product and furnish warranty of type specified. B. Manufacturer Qualifications: Approved manufacturer listed in this Section, UL listed for roofing systems comparable to that specified for this Project, with minimum five years' experience in manufacture of thermoplastic roof membrane products in successful use in similar applications. City of Carlsbad, CA Technical Specifications Calavera Hills Park Re-roofing and Re-painting 07 54 16 - Page 4 of 13 KETONE ETHYLENE ESTER (KEE) ROOFING C. Roofing Inspector Qualifications: A technical representative of manufacturer not engaged in the sale of products and experienced in the installation and maintenance of the specified roofing system, qualified to perform roofing observation and inspection specified in Field Quality Control Article, to determine Installer's compliance with the requirements of this Project, and approved by the manufacturer to issue warranty certification. The Roofing Inspector shall be one of the following: 1. An authorized full-time technical employee of the manufacturer. 2. An independent party certified as a Registered Roof Observer by the International Institute of Building Enclosure Consultants (formerly the Roof Consultants Institute) retained by the Contractor or the Manufacturer and approved by the Manufacturer. D. Manufacturer's Installation Instructions: Obtain and maintain on-site access to manufacturer's written recommendations and instructions for installation of products. 1.8 DELIVERY, STORAGE, AND HANDLING A. Deliver roofing materials to Project site in original containers with seals unbroken and labeled with manufacturer's name, product brand name and type, date of manufacture, approval or listing agency markings, and directions for storing and mixing with other components. B. Store liquid materials in their original undamaged containers in a clean, dry, protected location and within the temperature range required by roofing system manufacturer. Protect stored liquid material from direct sunlight. 1. Discard and legally dispose of liquid material that cannot be applied within its stated shelf life. C. Protect roof insulation materials from physical damage and from deterioration by sunlight, moisture, soiling, and other sources. Store in a dry location. Comply with insulation manufacturer's written instructions for handling, storing, and protecting during installation. D. Handle and store roofing materials and place equipment in a manner to avoid permanent deflection of deck. 1.9 PROJECT / FIELD CONDITIONS A. Weather Limitations: Proceed with installation only when existing and forecasted weather conditions permit roofing system to be installed according to manufacturer's written instructions and warranty requirements. B. Daily Protection: Coordinate installation of roofing so insulation and other components of roofing system not permanently exposed are not subjected to precipitation or left uncovered at the end of the workday or when rain is forecast. 1. Provide tie-offs at end of each day's work to cover exposed roofing and insulation with a course of roofing sheet securely in place with joints and edges sealed. City of Carlsbad, CA Technical Specifications Calavera Hills Park Re-roofing and Re-painting 07 54 16 - Page 5 of 13 KETONE ETHYLENE ESTER (KEE) ROOFING 2. Complete terminations and base flashings and provide temporary seals to prevent water from entering completed sections of roofing. 3. Remove temporary plugs from roof drains at end of each day. 4. Remove and discard temporary seals before beginning work on adjoining roofing. 1.10 WARRANTY A. Manufacturer's Warranty: Roof System Manufacturer's standard form in which Manufacturer agrees to repair or replace components of roofing system that fail in materials or workmanship within warranty period, as follows. 1. Form of Warranty: Manufacturer's standard warranty form. 2. Scope of Warranty: Work of this Section and including sheet metal details and termination details installed by the roof system Installer and approved by the Roof System Manufacturer. 3. Warranty Period: 30 years from date of completion. B. Manufacturer Inspection Services: By manufacturer's technical representative, to report maintenance responsibilities to Owner necessary for preservation of Owner's warranty rights. The cost of manufacturer's inspections is included in the Contract Sum. 1. Inspections to occur in following years: 2, 5, 10, 15, 20 and 25 following completion. C. Installer Warranty: Installer's warranty signed by Installer, as follows. 1. Form of Warranty: Form acceptable to Roofing Manufacturer and Owner. 2. Scope of Warranty: Work of this Section. 3. Warranty Period: 5 years from date of completion. PART 2 - PRODUCTS 2.1 MANUFACTURERS A. Basis of Design: The roof system specified in this Section is based upon products of Tremco, Inc., Beachwood, OH, (800) 562-2728, www.tremcoroofing.com B. Equal system by Johns Manville or Carlisle are also acceptable. C. Source Limitations: Obtain components for roofing system from same manufacturer as membrane roofing or manufacturer approved by membrane roofing manufacturer. City of Carlsbad, CA Technical Specifications Calavera Hills Park Re-roofing and Re-painting 07 54 16 - Page 6 of 13 KETONE ETHYLENE ESTER (KEE) ROOFING 2.2 PERFORMANCE REQUIREMENTS A. General Performance: Installed membrane roofing and base flashings shall withstand specified uplift pressures, thermally induced movement, and exposure to weather without failure due to defective manufacture, fabrication, installation, or other defects in construction. Membrane roofing and base flashings shall remain watertight. 1. Accelerated Weathering: Roofing system shall withstand 10,000 hours of exposure when tested according to ASTM G152, ASTM G154, or ASTM G155. 2. Impact Resistance: Roof membrane shall resist impact damage when tested according to ASTM D3746/D3746M, ASTM D4272/D4272M, or the "Resistance to Foot Traffic Test" in FM Approvals 4470. B. Roofing System Design: Provide membrane roofing system that is identical to systems that have been successfully tested by a qualified testing and inspecting agency in accordance with ANSI/FM 4474, UL 580, or UL 1897, and to resist uplift pressures calculated in accordance with ASCE-7 and applicable code. C. Exterior Fire-Test Exposure: ASTM E108, Class A; for application and roof slopes indicated, as determined by testing identical membrane roofing materials by a qualified testing agency. Materials shall be identified with appropriate markings of applicable testing agency. D. Fire-Resistance Ratings: Comply with fire-resistance-rated assembly designs indicated. Identify products with appropriate markings of applicable testing agency. E. Energy Performance: Roofing system shall have an initial solar reflectance index of not less than 0.70 and an emissivity of not less than 0.75 when tested according to CRRC-1. 2.3 MATERIALS, GENERAL A. Material Compatibility: Roofing materials shall be compatible with one another and adjacent materials under conditions of service and application required, as demonstrated by roof membrane manufacturer based on testing and field experience. 2.4 THERMOPLASTIC MEMBRANE MATERIALS A. KEE Roof Membrane: 1. Thermoplastic Ketone Ethylene Ester (KEE) coated polyester fabric-reinforced sheet, ASTM D6754. Fleece Back Membrane a. Basis of design product: Tremco, TremPly KEE Fleece Back Single Ply Roof Membrane. b. Breaking Strength, minimum, ASTM D751: Machine direction, 500 lbf (87 kN/m); Cross machine direction, 400 lbf (70 kN/m). City of Carlsbad, CA Technical Specifications Calavera Hills Park Re-roofing and Re-painting 07 54 16 - Page 7 of 13 KETONE ETHYLENE ESTER (KEE) ROOFING c. Tear Strength, minimum, ASTM D751: Machine direction,125 lbf (21 kN/m); Cross machine direction, 145 lbf (25 kN/m). d. Elongation at Break, ASTM D751: 20 percent. e. Dynamic Impact/Puncture Resistance, ASTM D5635: Pass. f. Minimum Membrane Thickness, nominal, less backing, ASTM D751: 60 mils (1.5 mm). g. Thickness over fiber, optical method: 0.014 inches. h. Accelerated Weathering, ASTM G155 and ASTM G154: Not greater than 5,000 hr., no cracking or crazing. i. Abrasion Resistance, ASTM D3389: Not greater than 2,000 cycles, H-18 wheel, 1,000 g load. j. Color: White. k. Solar Reflectance Index (SRI), ASTM E1980: 110 (White, initial), 86 (White, 3-yr aged). B. Sheet Flashing: Manufacturer's standard, smooth-backed, sheet flashing of same material, type, reinforcement, thickness and color as KEE roof membrane. 2.5 AUXILIARY ROOFING MATERIALS A. General: Auxiliary membrane roofing materials recommended by roofing system manufacturer for intended use, and compatible with membrane roofing. 1. Liquid-type auxiliary materials shall comply with VOC limits of authorities having jurisdiction. B. Membrane Bonding Adhesive: 1. Fleece back membrane adhesive - water based, ,VOC-compliant, for bonding KEE FB Membrane to approved surfaces. a. KEE FBII Bonding Adhesive. C. Flashing Membrane Adhesive: Same as membrane bonding adhesive. 1. Bonding adhesive, solvent based fast drying, VOC-compliant, for bonding KEE smooth- backed single ply membranes and flashings to substrates. a. Basis of design product: Tremco, TremPly KEE LV Bonding Adhesive. b. VOC, maximum, ASTM D 3960: 200 g/L. City of Carlsbad, CA Technical Specifications Calavera Hills Park Re-roofing and Re-painting 07 54 16 - Page 8 of 13 KETONE ETHYLENE ESTER (KEE) ROOFING D. Metal Termination Bars: Manufacturer's standard, predrilled stainless-steel or aluminum bars, approximately 1 by 1/8 inch (25 mm by 3 mm) thick; with anchors. E. Fasteners: Factory-coated steel fasteners and metal or plastic plates complying with corrosion- resistance provisions in FM Approvals 4470, designed for fastening components to substrate, and acceptable to membrane roofing system manufacturer. F. Joint Sealant: Elastomeric joint sealant compatible with roofing materials, with movement capability appropriate for application. 1. Joint Sealant, Polyurethane: ASTM C920, Type S, Grade NS, Class 50 single-component moisture curing sealant, formulated for compatibility and use in dynamic and static joints; paintable. a. Basis of design product: Tremco, TremSEAL Pro. b. Volatile Organic Compounds (VOC), maximum, ASTM D3960: 40 g/L. c. Hardness, Shore A, ASTM C661: 40. d. Adhesion to Concrete, ASTM C794: 35 pli. e. Tensile Strength, ASTM D412: 350 psi (2410 kPa). f. Color: White. G. Prefabricated Pipe Flashings: As recommended by roof membrane manufacturer. H. Miscellaneous Accessories: Provide pourable sealers, preformed cone and vent sheet flashings, preformed inside and outside corner sheet flashings, T-joint covers, lap sealants, termination reglets, and other accessories. 2.6 ROOF INSULATION MATERIALS A. General: Preformed roof insulation boards manufactured or approved by roofing manufacturer, selected from insulation manufacturer's standard sizes, suitable for application, and of thicknesses indicated. 1. Provide preformed saddles, crickets, tapered edge strips, and other insulation shapes where indicated for sloping to drain. Fabricate to slopes indicated, not less than two times the roof slope. B. Roof Insulation: Provide tapered crickets as follows: 1. Board Insulation, Polyisocyanurate: CFC- and HCFC- free, with recycled content glass- fiber mat facer on both major surfaces, ASTM C1289 Type II Class 1. a. Compressive Strength, ASTM D1621: Grade 2: 20 psi (138 kPa). City of Carlsbad, CA Technical Specifications Calavera Hills Park Re-roofing and Re-painting 07 54 16 - Page 9 of 13 KETONE ETHYLENE ESTER (KEE) ROOFING b. Conditioned Thermal Resistance at 75 deg. F (24 deg. C): 14.4 at 2.5 inches (50.8 mm) thick. 2.7 ROOF INSULATION ACCESSORIES A. Cover Board: 1. 1/2" High Density Hunter Panels 4' x 4' boards. ASTM C 1289 Type II, Class 4, Grade 1 (109 psi max) B. Roof Insulation Adhesive: 1. Urethane adhesive, bead-applied, low-rise two-component solvent-free low odor, formulated to adhere roof insulation to substrate. a. Basis of design product: Tremco, Low Rise Foam Insulation Adhesive. b. Flame Spread Index, ASTM E84: 10. c. Smoke Developed Index, ASTM E84: 30. d. Volatile Organic Compounds (VOC), maximum, ASTM D3960: 0 g/L. e. Tensile Strength, minimum, ASTM D412: 250 psi (1720 kPa). f. Peel Adhesion, minimum, ASTM D903: 17 lbf/in (2.50 kN/m). g. Flexibility, 70 deg. F (39 deg. C), ASTM D816: Pass. 2.8 WALKWAY MATERIALS A. Walkway / Protection Mat Material: 1. Walkway roll, reinforced KEE membrane roll with serrated slip-resistant surface, fabricated for heat welding to compatible KEE membrane surface. a. Basis of design product: Tremco, TremPly KEE Walkway Roll. b. Roll Size: 30 inches by 50 ft (760 mm by 15.2 m). c. Thickness: 0.047 inch (0.6 mm). d. Breaking strength: 56 lbs (9.8 kN/m). e. Color: Light yellow. 2. Protection mat, reinforced KEE membrane mat with serrated slip-resistant surface and enhanced puncture resistance, fabricated for heat welding to compatible KEE membrane surface. City of Carlsbad, CA Technical Specifications Calavera Hills Park Re-roofing and Re-painting 07 54 16 - Page 10 of 13 KETONE ETHYLENE ESTER (KEE) ROOFING a. Basis of design product: Tremco, TremPly KEE Protection Mat. b. Mat Size: 28 inches by 48 feet (710 mm by 13.1 m). c. Thickness: 0.234 inch (5.9 mm). d. Puncture resistance: 850 lbs (148 kN/m). e. Tear strength: 350 lbs (60 kN/m). f. Color: Yellow. PART 3 - EXECUTION 3.1 EXAMINATION A. Examine substrates, areas, and conditions, with Installer present, for compliance with the following requirements and other conditions affecting performance of roofing system: 1. Verify that roof openings and penetrations are in place and curbs are set and braced and that roof drain bodies are securely clamped in place. 2. Verify that existing substrate is sound and dry. B. Proceed with installation only after unsatisfactory conditions have been corrected. 3.2 PREPARATION A. Clean substrate of dust, debris, moisture, and other substances detrimental to roofing installation according to roofing system manufacturer's written instructions. Remove sharp projections. B. Prevent materials from entering and clogging roof drains and conductors and from spilling or migrating onto surfaces of other construction. Remove roof-drain plugs when no work is taking place or when rain is forecast. C. Complete terminations and base flashings and provide temporary seals to prevent water from entering completed sections of roofing system at the end of the workday or when rain is forecast. Remove and discard temporary seals before beginning work on adjoining roofing. 3.3 INSTALLATION, GENERAL A. Install roofing system in accordance with manufacturer’s written instructions and approved details. B. NRCA Installation Details: Install roofing system in accordance with applicable NRCA Manual Plates and NRCA recommendations; modify as required to comply with manufacturer's approved details and perimeter fastening requirements of FM Global references if applicable. City of Carlsbad, CA Technical Specifications Calavera Hills Park Re-roofing and Re-painting 07 54 16 - Page 11 of 13 KETONE ETHYLENE ESTER (KEE) ROOFING 3.4 INSULATION INSTALLATION A. Coordinate installing membrane roofing system components so insulation is not exposed to precipitation or left exposed at the end of the workday. B. Comply with membrane roofing system and insulation manufacturer's written instructions for installing roof insulation. C. Tapered Crickets: Install tapered insulation in waterways and behind curbs to provide crickets to ensure positive slope to drain.. 1. Where crickets are indicated or required to provide positive slope to drain, make slope of crickets minimum of two times the roof slope, not less than 1/4 inch in 12 inches (1:48). D. Cover Boards: Install cover boards over with long joints in continuous straight lines with end joints staggered between rows. Loosely butt cover boards together. 1. Adhere cover boards by setting in ribbons of bead-applied insulation adhesive, firmly pressing and maintaining cover board in place. 3.5 ADHERED MEMBRANE ROOFING INSTALLATION A. Adhere membrane roofing over area to receive roofing and install according to membrane roofing system manufacturer's written instructions. B. Start installation of membrane roofing in presence of membrane roofing system manufacturer's technical personnel. C. Accurately align membrane roofing and maintain uniform side and end laps of minimum dimensions required by manufacturer. Stagger end laps. D. Fleece back membrane adhesive: Apply to substrate @ 1 gallon per square, Immediatley Roll membrane into adhesive, Do not apply adhesive to splice area of membrane. E. In addition to adhering, mechanically fasten membrane roofing securely at terminations, penetrations, and perimeter of roofing. F. Apply membrane roofing with side laps shingled with slope of roof deck where possible. G. Welded Seams: Clean seam areas, overlap membrane roofing, and hot-air weld side and end laps of membrane roofing and sheet flashings according to manufacturer's written instructions to ensure a watertight seam installation. 1. Test lap edges with probe to verify seam weld continuity. Apply lap sealant to seal cut edges of sheet membrane. 2. Verify field strength of seams a minimum of twice daily and repair seam sample areas. 3. Repair tears, voids, and lapped seams in roofing that does not comply with requirements. City of Carlsbad, CA Technical Specifications Calavera Hills Park Re-roofing and Re-painting 07 54 16 - Page 12 of 13 KETONE ETHYLENE ESTER (KEE) ROOFING H. Spread sealant bed over deck drain flange at roof drains and securely seal membrane roofing in place with clamping ring. 3.6 BASE FLASHING INSTALLATION A. Install sheet flashings and preformed flashing accessories and adhere to substrates according to membrane roofing system manufacturer's written instructions. B. Apply bonding adhesive to substrate and underside of sheet flashing at required rate and allow to partially dry. Do not apply to seam area of flashing. C. Flash penetrations and field-formed inside and outside corners with cured or uncured sheet flashing. D. Clean seam areas, overlap, and firmly roll sheet flashings into the adhesive. Hot-air weld side and end laps to ensure a watertight seam installation. E. Seal top termination of base flashing with a metal termination bar and a continuous bead of joint sealant. 3.7 WALKWAY INSTALLATION A. Flexible Walkways: Install walkway from roof access ladder leading to and around all roof top service units and to provide a safe path of travel to all roof drains for maintenance cleaning. Heat weld to substrate. 3.8 FIELD QUALITY CONTROL A. Roofing Inspector: Manufacturer to provide daily site visits by manufacturer field inspector and provide daily field reports including progress photos. B. Final Roof Inspection: Arrange for roofing system manufacturer's technical personnel to inspect roofing installation on completion. C. Repair or remove and replace components of membrane roofing system where inspections indicate that they do not comply with specified requirements. D. Additional inspections, at Contractor's expense, will be performed to determine compliance of replaced or additional work with specified requirements. 3.9 PROTECTING AND CLEANING A. Correct deficiencies in or remove membrane roofing system that does not comply with requirements; repair substrates; and repair or reinstall membrane roofing system to a condition free of damage and deterioration at time of Substantial Completion and according to warranty requirements. B. Clean overspray and spillage from adjacent construction using cleaning agents and procedures recommended by manufacturer of affected construction. City of Carlsbad, CA Technical Specifications Calavera Hills Park Re-roofing and Re-painting 07 54 16 - Page 13 of 13 KETONE ETHYLENE ESTER (KEE) ROOFING END OF SECTION 075416 City of Carlsbad, CA Technical Specifications Calavera Hills Park Re-roofing and Re-painting 07 62 00.02 - Page 1 of 8 SHEET METAL FLASHING AND TRIM SECTION 076200.02 - SHEET METAL FLASHING AND TRIM PART 1 - GENERAL 1.1 SUMMARY A. Section includes: 1. Low-slope roof sheet metal fabrications. 2. Miscellaneous sheet metal flashing and trim. B. Related Requirements: 1. Division 07 low slope membrane roofing section for installing sheet metal flashing and trim integral with roofing and for related warranty requirements. 1.2 ACTION SUBMITTALS A. Product Data: For each type of product. 1. Include construction details, material descriptions, dimensions of individual components and profiles, and finishes for each manufactured product and accessory. B. Shop Drawings: For sheet metal flashing and trim. 1. Include plans, elevations, sections, and attachment details. 2. Include identification of material, thickness, weight, and finish for each item and location in Project. 3. Indicate details meet requirements of SMACNA and NRCA required by this Section. 4. Detail formed flashing and trim at scale of not less than 1-1/2 inches per 12 inches (1:10). C. Samples for Verification: For each type of exposed finish. 1.3 INFORMATIONAL SUBMITTALS A. Contractor's Product Certificates: For each type of coping and roof edge flashing that is ANSI/SPRI ES-1 tested. 1.4 CLOSEOUT SUBMITTALS A. Warranties: Manufacturer's executed warranty documents. Submit prior to acceptance of Work. City of Carlsbad, CA Technical Specifications Calavera Hills Park Re-roofing and Re-painting 07 62 00.02 - Page 2 of 8 SHEET METAL FLASHING AND TRIM 1.5 QUALITY ASSURANCE A. Fabricator Qualifications: Employs skilled workers who custom fabricate sheet metal flashing and trim similar to that required for this Project and whose products have a record of successful in-service performance. 1. For copings and roof edge flashings that are ANSI/SPRI ES-1 tested; fabrication shop shall be listed as able to fabricate required details as tested and approved. 1.6 DELIVERY, STORAGE, AND HANDLING A. Do not store sheet metal flashing and trim materials in contact with other materials that might cause staining, denting, or other surface damage. Store sheet metal flashing and trim materials away from uncured concrete and masonry. B. Protect strippable protective covering on sheet metal flashing and trim from exposure to sunlight and high humidity, except to extent necessary for period of sheet metal flashing and trim installation. 1.7 WARRANTY A. Refer to warranty requirements of Division 075416 for terms and conditions of warranties covering work of this Section. Sheet metal flashings and trime shall be included in manufacturers entire roof system warranty coverage. B. Special Warranty on Finishes: Manufacturer agrees to repair finish or replace sheet metal flashing and trim that shows evidence of deterioration of factory-applied finishes within specified warranty period. 1. Exposed Panel Finish: Deterioration includes, but is not limited to, the following: a. Color fading more than 5 Hunter units when tested according to ASTM D2244. b. Chalking in excess of a No. 8 rating when tested according to ASTM D4214. c. Cracking, checking, peeling, or failure of paint to adhere to bare metal. 2. Finish Warranty Period: 20 years from date of Substantial Completion. PART 2 - PRODUCTS 2.1 PERFORMANCE REQUIREMENTS A. General: Sheet metal flashing and trim assemblies shall withstand wind loads, structural movement, thermally induced movement, and exposure to weather without failure due to defective manufacture, fabrication, installation, or other defects in construction. Completed sheet metal flashing and trim shall not rattle, leak, or loosen, and shall remain watertight. City of Carlsbad, CA Technical Specifications Calavera Hills Park Re-roofing and Re-painting 07 62 00.02 - Page 3 of 8 SHEET METAL FLASHING AND TRIM B. Sheet Metal Standard for Flashing and Trim: Comply with NRCA's "The NRCA Roofing Manual" and SMACNA's "Architectural Sheet Metal Manual" requirements for dimensions and profiles shown unless more stringent requirements are indicated. C. Flashings and Fastening: Comply with requirements of Division 07 roofing sections. Provide base flashings, perimeter flashings, detail flashings and component materials and installation techniques that comply with requirements and recommendations of the following: 1. FM Global 1-49: "Property Loss Prevention Data Sheet for Perimeter Flashings." 2. FM Global 1-29: "Property Loss Prevention Data Sheet for Above Deck Roof Components." 3. NRCA: "The NRCA Roofing Manual" for construction details and recommendations. D. Thermal Movements: Allow for thermal movements from ambient and surface temperature changes to prevent buckling, opening of joints, overstressing of components, failure of joint sealants, failure of connections, and other detrimental effects. 2.2 SHEET METALS A. General: Protect mechanical and other finishes on exposed surfaces from damage by applying strippable, temporary protective film before shipping. B. Metallic-Coated Steel Sheet: Provide zinc-coated (galvanized) steel sheet according to ASTM A653/A653M, G90 (Z275) coating designation or aluminum-zinc alloy-coated steel sheet according to ASTM A792/A792M, Class AZ50 (Class AZM150) coating designation, Grade 40 (Grade 275); with smooth, flat surface; prefinished by coil-coating process to comply with ASTM A755/A755M. 1. Basis of Design Product: Tremco, Inc., TremLock Sheet. Or equal by acceptable manufacturer. 2. Exposed Coil-Coated Finish: a. Two-Coat Fluoropolymer: AAMA 621. Fluoropolymer finish containing not less than 70 percent PVDF resin by weight in color coat. Prepare, pretreat, and apply coating to exposed metal surfaces to comply with coating and resin manufacturers' written instructions. 1) Color: As selected from manufacturer's full range. 3. Concealed Finish: Pretreat with manufacturer's standard white or light-colored acrylic or polyester backer finish, consisting of prime coat and wash coat with minimum total dry film thickness of 0.5 mil (0.013 mm). C. PVC/KEE-Coated Steel Sheet: Provide zinc-coated (galvanized) steel sheet according to ASTM A653/A653M, G90 (Z275) coating designation; prefinished with non-reinforced PVC/KEE membrane; for formed roof edge flashings to receive heat-weldable, compatible with single-ply membrane roofing specified in Division 07 Section "Ketone Ethylene Ester (KEE) Roofing." City of Carlsbad, CA Technical Specifications Calavera Hills Park Re-roofing and Re-painting 07 62 00.02 - Page 4 of 8 SHEET METAL FLASHING AND TRIM 1. Basis-of-Design Product: Tremco, Tremply KEE/TPA Coated Metal. Or equal by acceptable manufacturer. 2. Sheet Metal Thickness: Zinc-coated steel, nominal 0.028-inch/24 ga. (0.71-mm) thickness. 3. Finish: Laminated with 0.020 inch/20 mil (0.50 mm) thick, unreinforced PVC/KEE membrane on exposed side and finished with clear acrylic coating on non-exposed side. a. Color: Match color of roof membrane specified in Division 07 Section "Ketone Ethylene Ester (KEE) Roofing." 2.3 UNDERLAYMENT MATERIALS A. Self-Adhering, High-Temperature Sheet: Minimum 30 mils (0.76 mm) thick, consisting of a slip- resistant polyethylene- or polypropylene-film top surface laminated to a layer of butyl- or SBS- modified asphalt adhesive, with release-paper backing; specifically designed to withstand high metal temperatures beneath metal roofing. Provide primer according to written recommendations of underlayment manufacturer. 1. Low-Temperature Flexibility: ASTM D1970; passes after testing at minus 20 deg F (29 deg C) or lower. 2.4 MISCELLANEOUS MATERIALS A. General: Provide materials and types of fasteners, solder, protective coatings, sealants, and other miscellaneous items as required for complete sheet metal flashing and trim installation and as recommended by manufacturer of primary sheet metal or manufactured item unless otherwise indicated. B. Fasteners: Wood screws, annular threaded nails, self-tapping screws, self-locking rivets and bolts, and other suitable fasteners designed to withstand design loads and recommended by manufacturer of primary sheet metal or manufactured item. 1. General: Blind fasteners or self-drilling screws, gasketed, with hex-washer head. a. Exposed Fasteners: Heads matching color of sheet metal using plastic caps or factory-applied coating. Provide metal-backed EPDM or PVC sealing washers under heads of exposed fasteners bearing on weather side of metal. b. Blind Fasteners: High-strength aluminum or stainless-steel rivets suitable for metal being fastened. 2. Fasteners for Zinc-Coated(Galvanized) and Aluminum-Zinc Alloy-Coated Steel Sheet: Series 300 stainless steel or hot-dip galvanized steel according to ASTM A153/A153M or ASTM F2329. C. Elastomeric Sealant: ASTM C920, elastomeric polyurethane at concealed joints and silicone at exposed joints; of type, grade, class, and use classifications required to seal joints in sheet metal flashing and trim and remain watertight. City of Carlsbad, CA Technical Specifications Calavera Hills Park Re-roofing and Re-painting 07 62 00.02 - Page 5 of 8 SHEET METAL FLASHING AND TRIM 2.5 FABRICATION, GENERAL A. General: Custom fabricate sheet metal flashing and trim to comply with details shown and recommendations in cited sheet metal standard that apply to design, dimensions, geometry, metal thickness, and other characteristics of item required. Fabricate sheet metal flashing and trim in shop to greatest extent possible. 1. Fabricate sheet metal flashing and trim in thickness or weight needed to comply with performance requirements, but not less than that specified for each application and metal. 2. Obtain field measurements for accurate fit before shop fabrication. 3. Form sheet metal flashing and trim to fit substrates without excessive oil canning, buckling, and tool marks; true to line, levels, and slopes; and with exposed edges folded back to form hems. 4. Conceal fasteners and expansion provisions where possible. Do not use exposed fasteners on faces exposed to view. B. Fabrication Tolerances: Fabricate sheet metal flashing and trim that is capable of installation to a tolerance of 1/4 inch in 20 feet (6 mm in 6 m) on slope and location lines indicated on Drawings and within 1/8-inch (3-mm) offset of adjoining faces and of alignment of matching profiles. C. Expansion Provisions: Form metal for thermal expansion of exposed flashing and trim. 1. Form expansion joints of intermeshing hooked flanges, not less than 1 inch (25 mm) deep, filled with butyl sealant concealed within joints. 2. Use lapped expansion joints only where indicated on Drawings. D. Sealant Joints: Where movable, nonexpansion-type joints are required, form metal to provide for proper installation of elastomeric sealant according to cited sheet metal standard. E. Fabricate cleats and attachment devices from same material as accessory being anchored or from compatible, noncorrosive metal. F. Fabricate cleats and attachment devices of sizes as recommended by cited sheet metal standard for application, but not less than thickness of metal being secured. G. Do not use graphite pencils to mark metal surfaces. 2.6 LOW-SLOPE ROOF SHEET METAL FABRICATIONS A. Copings: Fabricate in minimum 96-inch- (2.4-m-) long, but not exceeding 12-feet- (3.6-m-) long, sections. Fabricate joint plates of same thickness as copings. Furnish with continuous cleats to support edge of external leg and drill elongated holes for fasteners on interior leg. Miter corners, fasten and seal watertight. Shop fabricate interior and exterior corners. 1. Coping Profile: As indicated, or if not indicated, as selected from SMACNA Manual profiles. City of Carlsbad, CA Technical Specifications Calavera Hills Park Re-roofing and Re-painting 07 62 00.02 - Page 6 of 8 SHEET METAL FLASHING AND TRIM 2. Joint Style: Butted with expansion space and 6-inch- (150-mm-) wide, concealed splice plate. 3. Fabricate from the Following Materials: a. Galvanized Steel or Aluminum-Zinc Alloy-Coated Steel: 0.028 inch/24 ga. (0.71 mm) thick. B. Cleats for Copings: 1. Galvanized Steel or Aluminum-Zinc Alloy-Coated Steel: 0.034 inch/22 ga. (0.85 mm) thick. C. Counterflashing: Shop fabricate interior and exterior corners. Fabricate from the following materials: 1. Galvanized Steel or Aluminum-Zinc Alloy-Coated Steel: (0.71 mm) 0.028 inch/24 ga. thick. PART 3 - EXECUTION 3.1 UNDERLAYMENT INSTALLATION A. Self-Adhering Sheet Underlayment: Install self-adhering sheet underlayment, wrinkle free. Prime substrate if recommended by underlayment manufacturer. Comply with temperature restrictions of underlayment manufacturer for installation; use primer for installing underlayment at low temperatures. Apply in shingle fashion to shed water, with end laps of not less than 6 inches (150 mm) staggered 24 inches (600 mm) between courses. Overlap side edges not less than 3- 1/2 inches (90 mm). Roll laps and edges with roller. Cover underlayment within 14 days. 3.2 INSTALLATION, GENERAL A. Install sheet metal flashing and trim to comply with details indicated and recommendations of cited sheet metal standard that apply to installation characteristics required unless otherwise indicated on Drawings. 1. Space cleats not more than 12 inches (300 mm) apart. Attach each cleat with at least two fasteners. Bend tabs over fasteners. 2. Do not use graphite pencils to mark metal surfaces. B. Metal Protection: Where dissimilar metals contact each other, or where metal contacts pressure- treated wood or other corrosive substrates, protect against galvanic action or corrosion by painting contact surfaces with bituminous coating or by other permanent separation as recommended by sheet metal manufacturer or cited sheet metal standard. 1. Coat concealed side of uncoated-aluminum and stainless steel sheet metal flashing and trim with bituminous coating where flashing and trim contact wood, ferrous metal, or cementitious construction. City of Carlsbad, CA Technical Specifications Calavera Hills Park Re-roofing and Re-painting 07 62 00.02 - Page 7 of 8 SHEET METAL FLASHING AND TRIM 2. Underlayment: Where installing sheet metal flashing and trim directly on cementitious or wood substrates, install underlayment and cover with slip sheet. C. Expansion Provisions: Provide for thermal expansion of exposed flashing and trim. Space movement joints at maximum of 10 feet (3 m) with no joints within 24 inches (600 mm) of corner or intersection. 1. Form expansion joints of intermeshing hooked flanges, not less than 1 inch (25 mm) deep, filled with sealant concealed within joints. 2. Use lapped expansion joints only where indicated on Drawings. D. Fasteners: Use fastener sizes that penetrate wood blocking or sheathing not less than 1-1/4 inches (32 mm) for nails and not less than 3/4 inch (19 mm) for wood screws. E. Conceal fasteners and expansion provisions where possible in exposed work and locate to minimize possibility of leakage. Cover and seal fasteners and anchors as required for a tight installation. F. Seal joints as required for watertight construction. 1. Use sealant-filled joints unless otherwise indicated. Embed hooked flanges of joint members not less than 1 inch (25 mm) into sealant. Form joints to completely conceal sealant. When ambient temperature at time of installation is between 40 and 70 deg F (4 and 21 deg C), set joint members for 50 percent movement each way. Adjust setting proportionately for installation at higher ambient temperatures. Do not install sealant-type joints at temperatures below 40 deg F (4 deg C). 3.3 ROOF FLASHING INSTALLATION A. Install sheet metal flashing and trim to comply with performance requirements and cited sheet metal standard. 1. Provide concealed fasteners where possible, and set units true to line, levels, and slopes. 2. Install work with laps, joints, and seams that are permanently watertight and weather resistant. B. Copings: 1. Install copings in accordance with ANSI/SPRI/FM 4435/ES-1. C. Counterflashing: Coordinate installation of counterflashing with installation of base flashing. Insert counterflashing in reglets or receivers and fit tightly to base flashing. 1. Insert counterflashing in reglets or receivers and fit tightly to base flashing. 2. Extend counterflashing 4 inches (100 mm) over base flashing. 3. Lap counterflashing joints minimum of 4 inches (100 mm). City of Carlsbad, CA Technical Specifications Calavera Hills Park Re-roofing and Re-painting 07 62 00.02 - Page 8 of 8 SHEET METAL FLASHING AND TRIM 3.4 ERECTION TOLERANCES A. Installation Tolerances: Shim and align sheet metal flashing and trim within installed tolerance of 1/4 inch in 20 feet (6 mm in 6 m) on slope and location lines indicated on Drawings and within 1/8-inch (3-mm) offset of adjoining faces and of alignment of matching profiles. 3.5 CLEANING AND PROTECTION A. Clean exposed metal surfaces of substances that interfere with uniform oxidation and weathering. B. Clean and neutralize flux materials. Clean off excess solder. C. Clean off excess sealants. D. Remove temporary protective coverings and strippable films as sheet metal flashing and trim are installed unless otherwise indicated in manufacturer's written installation instructions. On completion of sheet metal flashing and trim installation, remove unused materials and clean finished surfaces as recommended by sheet metal flashing and trim manufacturer. Maintain sheet metal flashing and trim in clean condition during construction. E. Replace sheet metal flashing and trim that have been damaged or that have deteriorated beyond successful repair by finish touchup or similar minor repair procedures. END OF SECTION 076200.02 City of Carlsbad, CA Technical Specifications Calavera Hills Park Re-roofing and Re-painting 09 24 00 - Page 1 of 5 CEMENT PLASTERING SECTION 09 24 00 - CEMENT PLASTERING PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section Includes: 1. Exterior cement plasterwork (stucco). 1.3 ACTION SUBMITTALS A. Product Data: For each type of product. 1.4 DELIVERY, STORAGE, AND HANDLING A. Store materials inside under cover, and keep them dry and protected against damage from weather, moisture, direct sunlight, surface contamination, corrosion, construction traffic, and other causes. 1.5 FIELD CONDITIONS A. Comply with ASTM C926 requirements. B. Exterior Plasterwork: 1. Apply and cure plaster to prevent plaster drying out during curing period. Use procedures required by climatic conditions, including moist curing, providing coverings, and providing barriers to deflect sunlight and wind. 2. Apply plaster when ambient temperature is greater than 40 deg F. 3. Protect plaster coats from freezing for not less than 48 hours after set of plaster coat has occurred. City of Carlsbad, CA Technical Specifications Calavera Hills Park Re-roofing and Re-painting 09 24 00 - Page 2 of 5 CEMENT PLASTERING PART 2 - PRODUCTS 2.1 METAL LATH A. Expanded-Metal Lath: ASTM C847, cold-rolled carbon-steel sheet with ASTM A653/A653M, G60, hot-dip galvanized-zinc coating. 1. Manufacturers: Subject to compliance with requirements, provide products by one of the following: a. CEMCO; California Expanded Metal Products Co. b. ClarkDietrich. c. Phillips Manufacturing Co. d. Or equal. B. Paper Backing: FS UU-B-790a, Type I, Grade D, Style 2 vapor-permeable paper. 1. Provide paper-backed lath at exterior locations. 2.2 ACCESSORIES A. General: Comply with ASTM C1063, and coordinate depth of trim and accessories with thicknesses and number of plaster coats required. B. Metal Accessories: 1. Manufacturers: Subject to compliance with requirements, provide products by one of the following: a. CEMCO; California Expanded Metal Products Co. b. ClarkDietrich. c. Phillips Manufacturing Co. d. Or equal. 2.3 MISCELLANEOUS MATERIALS A. Water for Mixing and Finishing Plaster: Potable and free of substances capable of affecting plaster set or of damaging plaster, lath, or accessories. B. Fiber for Base Coat: Alkaline-resistant glass or polypropylene fibers, 1/2 inch long, free of contaminants, manufactured for use in cement plaster. C. Bonding Compound: ASTM C932. D. Fasteners for Attaching Metal Lath to Substrates: ASTM C1063. City of Carlsbad, CA Technical Specifications Calavera Hills Park Re-roofing and Re-painting 09 24 00 - Page 3 of 5 CEMENT PLASTERING E. Wire: ASTM A641/A641M, Class 1 zinc coating, soft temper, not less than 0.0475-inch diameter unless otherwise indicated. 2.4 PLASTER MATERIALS A. Portland Cement: ASTM C150/C150M, Type I. 1. Color for Finish Coats: Gray. B. Lime: ASTM C206, Type S; or ASTM C207, Type S. C. Sand Aggregate: ASTM C897. 2.5 PLASTER MIXES A. General: Comply with ASTM C926 for applications indicated. 1. Fiber Content: Add fiber to base-coat mixes after ingredients have mixed at least two minutes. Comply with fiber manufacturer's written instructions for fiber quantities in mixes, but do not exceed 1 lb of fiber/cu. yd. of cementitious materials. B. Base-Coat Mixes for Use over Metal Lath: Scratch and brown coats for three-coat plasterwork as follows: 1. Portland Cement Mixes: a. Scratch Coat: For cementitious material, mix 1 part portland cement 3/4 to 1-1/2 parts lime. Use 2-1/2 to 4 parts aggregate per part of cementitious material. b. Brown Coat: For cementitious material, mix 1 part portland cement and 3/4 to 1-1/2 parts lime. Use 3 to 5 parts aggregate per part of cementitious material, but not less than volume of aggregate used in scratch coat. C. Job-Mixed Finish-Coat Mixes: 1. Portland Cement Mix: For cementitious materials, mix 1 part portland cement and 3/4 to 1-1/2 parts lime. Use 1-1/2 to 3 parts aggregate per part of cementitious material. PART 3 - EXECUTION 3.1 EXAMINATION A. Examine substrates and conditions, with Installer present, for compliance with requirements for installation tolerances and other conditions affecting performance of the Work. City of Carlsbad, CA Technical Specifications Calavera Hills Park Re-roofing and Re-painting 09 24 00 - Page 4 of 5 CEMENT PLASTERING B. Proceed with installation only after unsatisfactory conditions have been corrected. 3.2 PREPARATION A. Protect adjacent work from soiling, spattering, moisture deterioration, and other harmful effects caused by plastering. B. Remove damaged existing exterior plaster finish, as required to achieve a solid and stable bond to existing construction. Refer to publication “Repair of Portland Cement Plaster (Stucco) by the Portland Cement Association, IS526. C. Prepare smooth, solid substrates for plaster according to ASTM C926. 3.3 INSTALLING METAL LATH A. Metal Lath: Install according to ASTM C1063. 1. Partition Framing and Vertical Furring: Install flat-diamond-mesh lath. 3.4 INSTALLING ACCESSORIES A. Install according to ASTM C1063 and at locations indicated on Drawings. 3.5 PLASTER APPLICATION A. General: Comply with ASTM C926. 1. Do not deviate more than plus or minus 1/4 inch in 10 feet from a true plane in finished plaster surfaces when measured by a 10-foot straightedge placed on surface. B. Walls; Base-Coat Mixes for Use over Metal Lath: For scratch and brown coats, for three-coat plasterwork with 3/4-inch total thickness, as follows: 1. Portland cement mixes. 2. Masonry cement mixes. 3. Portland and masonry cement mixes. 4. Plastic cement mixes. 5. Portland and plastic cement mixes. C. Plaster Finish Coats: Apply to provide float finish. City of Carlsbad, CA Technical Specifications Calavera Hills Park Re-roofing and Re-painting 09 24 00 - Page 5 of 5 CEMENT PLASTERING 3.6 PLASTER REPAIRS A. Repair or replace work to eliminate cracks, dents, blisters, buckles, crazing and check cracking, dry outs, efflorescence, sweat outs, and similar defects and where bond to substrate has failed. 3.7 CLEANING AND PROTECTION A. Remove temporary protection and enclosure of other work after plastering is complete. Promptly remove plaster from door frames, windows, and other surfaces not indicated to be plastered. Repair floors, walls, and other surfaces stained, marred, or otherwise damaged during plastering. END OF SECTION 09 24 00 City of Carlsbad, CA Technical Specifications Calavera Hills Park Re-roofing and Re-painting 099113 - Page 1 of 8 EXTERIOR PAINTING SECTION 099113 - EXTERIOR PAINTING PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section includes surface preparation and the application of paint systems on the following previously painted exterior substrates: 1. Concrete, Stucco. 2. Concrete masonry units (CMU). 3. Steel. 4. Galvanized metal. 1.3 ACTION SUBMITTALS A. Product Data: For each type of product. Include preparation requirements and application instructions. B. Samples for Initial Selection: For each type of topcoat product. C. Samples for Verification: For each type of paint system and each color and gloss of topcoat. 1. Submit Samples on rigid backing, 8 inches square. 2. Label each coat of each Sample. 3. Label each Sample for location and application area. D. Product List: For each product indicated, include the following: 1. Cross-reference to paint system and locations of application areas. Use same designations indicated on Drawings and in schedules. 2. VOC content. 1.4 CLOSEOUT SUBMITTALS A. Coating Maintenance Manual: Provide coating maintenance manual including area summary with finish schedule, area detail designating location where each product/color/finish was used, product data pages, material safety data sheets, care and cleaning instructions, touch-up procedures, and color samples of each color and finish used. 1.5 MAINTENANCE MATERIAL SUBMITTALS A. Furnish extra materials that match products installed and that are packaged with protective covering for storage and identified with labels describing contents. City of Carlsbad, CA Technical Specifications Calavera Hills Park Re-roofing and Re-painting 099113 - Page 2 of 8 EXTERIOR PAINTING 1. Paint: provide 2 gallons of each material and color applied. 1.6 QUALITY ASSURANCE A. Mockups: Apply mockups of each paint system indicated and each color and finish selected to verify preliminary selections made under Sample submittals and to demonstrate aesthetic effects and set quality standards for materials and execution. 1. Architect will select one surface to represent surfaces and conditions for application of each paint system specified in Part 3. a. Vertical and Horizontal Surfaces: Provide samples of at least 100 sq. ft. b. Other Items: Architect will designate items or areas required. 2. Final approval of color selections will be based on mockups. a. If preliminary color selections are not approved, apply additional mockups of additional colors selected by Architect at no added cost to Owner. 3. Approval of mockups does not constitute approval of deviations from the Contract Documents contained in mockups unless Architect specifically approves such deviations in writing. 4. Subject to compliance with requirements, approved mockups may become part of the completed Work if undisturbed at time of Substantial Completion. 1.7 DELIVERY, STORAGE, AND HANDLING A. Delivery and Handling: Deliver products to Project site in an undamaged condition in manufacturer's original sealed containers, complete with labels and instructions for handling, storing, unpacking, protecting, and installing. Packaging shall bear the manufacture’s label with the following information: 1. Product name and type (description). 2. Batch date. 3. Color number. 4. VOC content. 5. Environmental handling requirements. 6. Surface preparation requirements. 7. Application instructions. B. Store materials not in use in tightly covered containers in well-ventilated areas with ambient temperatures continuously maintained at not less than 45 deg F. 1. Maintain containers in clean condition, free of foreign materials and residue. 2. Remove rags and waste from storage areas daily. 1.8 FIELD CONDITIONS City of Carlsbad, CA Technical Specifications Calavera Hills Park Re-roofing and Re-painting 099113 - Page 3 of 8 EXTERIOR PAINTING A. Apply paints only when temperature of surfaces to be painted and ambient air temperatures are between 50 and 95 deg F. B. Do not apply paints in snow, rain, fog, or mist; when relative humidity exceeds 85 percent; at temperatures less than 5 deg F above the dew point; or to damp or wet surfaces. C. Hazardous Materials: It is not expected that hazardous materials will be encountered in the Work. 1. If suspected hazardous materials are encountered, do not disturb; immediately notify Architect and Owner. PART 2 - PRODUCTS 2.1 MANUFACTURERS A. Basis-of-Design Product: manufactured by Sherwin-Williams Company; Local Contact: John Dumesnil, 619-665-9341 or john.t.dumesnil@sherwin.com. Equivalent products from the following manufacturers are acceptable based on review by the Architect. 1. Benjamin Moore. 2. PPG. 3. Or approved equal. B. Comparable Products: Comparable products of approved manufacturers will be considered if the following conditions are met: 1. Products are approved by manufacturer in writing for application specified. 2. Products meet performance and physical characteristics of basis of design product including published ratio of solids by volume, plus or minus two percent. C. Source Limitations: Obtain paint materials from single source from single listed manufacturer. 1. Manufacturer's designations listed on a separate color schedule are for color reference only and do not indicate prior approval. 2.2 PAINT, GENERAL A. Material Compatibility: 1. Provide materials for use within each paint system that are compatible with one another and substrates indicated, under conditions of service and application as demonstrated by manufacturer, based on testing and field experience. 2. For each coat in a paint system, provide products recommended in writing by manufacturers of topcoat for use in paint system and on substrate indicated. B. VOC Content: Provide materials that comply with VOC limits of authorities having jurisdiction. C. Colors: As indicated in a color schedule. City of Carlsbad, CA Technical Specifications Calavera Hills Park Re-roofing and Re-painting 099113 - Page 4 of 8 EXTERIOR PAINTING 2.3 SOURCE QUALITY CONTROL A. Testing of Paint Materials: Owner reserves the right to invoke the following procedure: 1. Owner will engage the services of a qualified testing agency to sample paint materials. Contractor will be notified in advance and may be present when samples are taken. If paint materials have already been delivered to Project site, samples may be taken at Project site. Samples will be identified, sealed, and certified by testing agency. 2. Testing agency will perform tests for compliance with product requirements. 3. Owner may direct Contractor to stop applying paints if test results show materials being used do not comply with product requirements. Contractor shall remove noncomplying paint materials from Project site, pay for testing, and repaint surfaces painted with rejected materials. Contractor will be required to remove rejected materials from previously painted surfaces if, on repainting with complying materials, the two paints are incompatible. PART 3 - EXECUTION 3.1 EXAMINATION A. Examine substrates and conditions, with Applicator present, for compliance with requirements for maximum moisture content and other conditions affecting performance of the Work. Verify suitability of substrates, including surface conditions and compatibility with existing finishes and primers. Where acceptability of substrate conditions is in question, apply samples and perform in-situ testing to verify compatibility, adhesion, and film integrity of new paint application. 1. Report, in writing, conditions that may affect application, appearance, or performance of paint. B. Substrate Conditions: 1. Maximum Moisture Content of Substrates: When measured with an electronic moisture meter as follows: a. Concrete: 12 percent. b. Masonry (Clay and CMU): 12 percent. c. Wood: 15 percent. d. Portland Cement Plaster: 12 percent. 2. Portland Cement Plaster Substrates: Verify that plaster is fully cured. C. Proceed with coating application only after unsatisfactory conditions have been corrected; application of coating indicates acceptance of surfaces and conditions. 3.2 PREPARATION A. Comply with manufacturer's written instructions and recommendations in "MPI Manual" applicable to substrates and paint systems indicated. City of Carlsbad, CA Technical Specifications Calavera Hills Park Re-roofing and Re-painting 099113 - Page 5 of 8 EXTERIOR PAINTING B. Remove hardware, covers, plates, and similar items already in place that are removable and are not to be painted. If removal is impractical or impossible because of size or weight of item, provide surface-applied protection before surface preparation and painting. 1. After completing painting operations, use workers skilled in the trades involved to reinstall items that were removed. Remove surface-applied protection. C. Clean substrates of substances that could impair bond of paints, including all loose and peeling paint, dust, dirt, oil, grease, and incompatible paints and encapsulants. 1. Remove incompatible primers and reprime substrate with compatible primers or apply tie coat as required to produce paint systems indicated. 2. All exterior surfaces to be painted shall be pressure washed to remove all dirt, mildew, salts, peeling paint, chalk and any foreign materials detrimental to the new finish. Pressure wash by water at pressures of 1500-2500 psi. Sand all glossy surfaces to promote adhesion. 3. Address all penetrations in the building envelope. Remove and replace any peeling or failing caulking around penetrations and re-caulk with an appropriate and compatible sealant. D. Concrete and Masonry Substrates: Remove all loose or peeling paint, dirt, grease, contaminants, efflorescence, and chalk. Spot prime then patch or fill any damaged surfaces with appropriate concrete or elastomeric patch to match adjacent surfaces. Do not paint surfaces if moisture content or alkalinity of surfaces to be painted exceeds that permitted in manufacturer's written instructions. E. Steel, Galvanized, and Aluminum Substrates: Remove all loose or peeling paint, rust, dirt, grease, oxidation, and loose mill scale if any. Clean using methods recommended in writing by paint manufacturer. 1. SSPC-SP 2, "Hand Tool Cleaning." 2. SSPC-SP 3, "Power Tool Cleaning." F. Wood Substrates: 1. Scrape and sand to remove all loose or peeling paint. 2. Sand surfaces that will be exposed to view and dust off. 3. Spot-prime all bare wood surfaces before patching. Fill holes and imperfections in the finish surfaces with putty or appropriate wood filler. Sand smooth when dried. 3.3 APPLICATION A. Apply paints according to manufacturer's written instructions and recommendations in "MPI Manual." 1. Use applicators and techniques suited for paint and substrate indicated. 2. Paint surfaces behind movable items same as similar exposed surfaces. 3. Paint both sides and edges of exterior doors and entire exposed surface of exterior door frames. City of Carlsbad, CA Technical Specifications Calavera Hills Park Re-roofing and Re-painting 099113 - Page 6 of 8 EXTERIOR PAINTING 4. Paint entire exposed surface of window frames and sashes. 5. Do not paint over labels of independent testing agencies or equipment name, identification, performance rating, or nomenclature plates. 6. Primers specified in painting schedules are indicated for spot priming of bare or badly deteriorated areas only. 7. Previously painted metals require a full coat of primer. 8. All new and previously unpainted surfaces require a full coat of appropriate primer. B. If undercoats or other conditions show through topcoat, apply additional coats until cured film has a uniform paint finish, color, and appearance. C. Apply paints to produce surface films without cloudiness, spotting, holidays, laps, brush marks, roller tracking, runs, sags, ropiness, or other surface imperfections. Cut in sharp lines and color breaks. D. Painting Fire Suppression, Plumbing, HVAC, Electrical, Communication, and Electronic Safety and Security Work: 1. Paint the following work where exposed to view: a. Equipment, including panel boards. b. Uninsulated metal piping. c. Uninsulated plastic piping. d. Pipe hangers and supports. e. Metal conduit. f. Plastic conduit. 3.4 FIELD QUALITY CONTROL A. Dry Film Thickness Testing: Owner may engage the services of a qualified testing and inspecting agency to inspect and test paint for dry film thickness. 1. Contractor shall touch up and restore painted surfaces damaged by testing. 2. If test results show that dry film thickness of applied paint does not comply with paint manufacturer's written recommendations, Contractor shall pay for testing and apply additional coats as needed to provide dry film thickness that complies with paint manufacturer's written recommendations. 3.5 CLEANING AND PROTECTION A. At end of each workday, remove rubbish, empty cans, rags, and other discarded materials from Project site. B. After completing paint application, clean spattered surfaces. Remove spattered paints by washing, scraping, or other methods. Do not scratch or damage adjacent finished surfaces. C. Protect work of other trades against damage from paint application. Correct damage to work of other trades by cleaning, repairing, replacing, and refinishing, as approved by Architect, and leave in an undamaged condition. City of Carlsbad, CA Technical Specifications Calavera Hills Park Re-roofing and Re-painting 099113 - Page 7 of 8 EXTERIOR PAINTING D. At completion of construction activities of other trades, touch up and restore damaged or defaced painted surfaces. 3.6 EXTERIOR PAINTING SCHEDULE A. Previously Painted Concrete, Portland Cement Plaster (Stucco): 1. Acrylic Latex Paint System, Flat Finish: a. Spot Prime: S-W Loxon Concrete & Masonry Primer Sealer, LX2W50, at 8.0 mils wet, 3.2 mils dry. b. First Coat: S-W Superpaint Exterior Latex, A80 Series, at 4.0 mils wet, 1.4 mils dry, per coat. c. Second Coat: S-W Superpaint Exterior Latex, A80 Series, at 4.0 mils wet, 1.4 mils dry, per coat. B. Previously Painted CMU Surfaces: 1. Acrylic Latex Paint System, Flat Finish: a. Spot Prime: S-W Loxon Concrete & Masonry Primer Sealer, LX2W50, at 8.0 mils wet, 3.2 mils dry. b. First Coat: S-W Superpaint Exterior Latex, A80 Series, at 4.0 mils wet, 1.4 mils dry, per coat. c. Second Coat: S-W Superpaint Exterior Latex, A80 Series, at 4.0 mils wet, 1.4 mils dry, per coat. C. Previously Painted Ferrous Metal, Galvanized-Metal, and Aluminum Substrates adjacent to stucco and CMU: 1. Acrylic Latex Paint System, Flat Finish: a. Spot Primer: S-W Pro Industrial Pro-Cryl Universal Primer, B66-310 Series, 5.0 to 10.0 mils wet, 2.0 to 4.0 mils dry. b. Second Coat: S-W Superpaint Exterior Latex, A80 Series, at 4.0 mils wet, 1.4 mils dry, per coat. c. Third Coat: S-W Superpaint Exterior Latex, A80 Series, at 4.0 mils wet, 1.4 mils dry, per coat. 2. Water-Based Alkyd Urethane Coating System, Low VOC, Semigloss Finish (doors, frames, handrails): a. Spot Primer: S-W Pro Industrial Pro-Cryl Universal Primer, B66-310 Series, 5.0 to 10.0 mils wet, 2.0 to 4.0 mils dry. b. Second Coat: S-W ProIndustrial WB Alkyd Urethane Semi-Gloss, B53-1150 Series, at 1.4 to 1.7 mils dry, per coat. c. Third Coat: S-W ProIndustrial WB Alkyd Urethane Semi-Gloss, B53-1150 Series, at 1.4 to 1.7 mils dry, per coat. City of Carlsbad, CA Technical Specifications Calavera Hills Park Re-roofing and Re-painting 099113 - Page 8 of 8 EXTERIOR PAINTING END OF SECTION 099113 City of Carlsbad, CA Final Specifications Calavera Hills Park Re-roofing and Re-painting 112429.01 - Page 1 of 7 FACILITY FALL PROTECTION SECTION 112429.01 - FACILITY FALL PROTECTION PART 1 - GENERAL 1.1 SECTION INCLUDES A. Fall protection systems, including: 1. Roof hatch rail systems, non-penetrating. 2. Skylight guardrail systems, portable, non-penetrating. 3. Skylight screen systems. B. Related Sections: 1. Division 07 Section "Roof Walkways" for roof walkway system. 1.2 REFERENCES A. General: Applicable edition of references cited in this Section is current edition published on date of issue of Project specifications, unless otherwise required by building code in force. B. American National Standards Institute (ANSI), www.ansi.org. 1. A 21.1 - Safety Requirements for Floor and Wall Openings, Railings and Toe Boards. 2. A 58.1 - Minimum Design Loads in Buildings and Other Structures. 3. A 117.1 - Accessible and Usable Buildings and Facilities. C. Code of Federal Regulations (CFR): 1. 29 CFR 1910.29 - Fall protection systems and falling object protection-criteria and practices. D. California Occupational Safety & Health Administration (CAL OSHA): 1. 1620 - Design of Temporary Railing. 2. 1621 - Railings and Toe Boards. 3. 1633 - Elevator Shafts to be Guarded. 4. 3209 - Standard Guardrails. 5. 3210 - Guardrails at Elevated Locations. 6. 3211 - Wall Openings. City of Carlsbad, CA Final Specifications Calavera Hills Park Re-roofing and Re-painting 112429.01 - Page 2 of 7 FACILITY FALL PROTECTION 7. 3212 - Floor Openings, Floor Holes and Roofs. 8. 3213 - Service Pits and Yard Surface Openings. 9. 3214 - Stair Rails and Handrails. 1.3 COORDINATION A. Coordinate selection of fall protection and fall restraint devices and attachment provisions with Owner's safety program and Owner-provided personal protection equipment. Deliver such items to Project site in time for installation. B. Coordinate layout and location of facility fall protection with Owner and Architect. 1.4 ACTION SUBMITTALS A. Product Data: For each type of fall protection and accessory, including brackets and fasteners. 1. Submit manufacturer’s published literature including structural design data, structural properties data, grating load/deflection tables, corrosion resistance tables, certificates of compliance, test reports as applicable, concrete anchor systems and their allowable load tables, and design calculations for systems not sized or designed in the contract documents. B. Shop Drawings: Show locations and layout of fall protection components; include dimensioned plans, elevations, sections, and details of installation. C. Samples for Verification: Not less than 6 inches (150 mm) long, of each component in finish indicated. 1.5 INFORMATION SUBMITTALS A. Qualification Data: For Installer and Testing Agency. B. Product Test Reports: Based on evaluation of comprehensive tests performed by a qualified testing agency, according to ASTM E 894 and ASTM E 935. C. Contractor's Certificate: Submit document indicating that Contractor has received and reviewed Owner's Safety Plan requirements related to fall protection installation. D. Field quality-control test reports. 1.6 CLOSEOUT SUBMITTALS A. Operation and maintenance data. 1.7 QUALITY ASSURANCE A. Installer Qualifications: A firm or individual experienced in installing, erecting, or assembling work similar in material, design, and extent to that indicated for this Project, whose work has resulted in construction with a record of successful in-service performance. City of Carlsbad, CA Final Specifications Calavera Hills Park Re-roofing and Re-painting 112429.01 - Page 3 of 7 FACILITY FALL PROTECTION 1.8 PRODUCT DELIVERY AND STORAGE A. Deliver manufactured materials in original, unbroken pallets, packages, containers, or bundles bearing the label of the manufacturer. Adhesives, resins and their catalysts and hardeners shall be crated or boxed separately and noted as such to facilitate their movement to a dry indoor storage facility. B. Store and handle materials carefully to prevent abrasion, cracking, chipping, twisting, other deformations, and other types of damage. 1. Store adhesives, resins and their catalysts in dry indoor storage facilities, between 70- and 85-degrees F (21 to 29 degrees C) until they are required for use. PART 2 - PRODUCTS 2.1 PERFORMANCE REQUIREMENTS A. Occupational Safety and Health Standards: Provide fall protection components complying with requirements of 29 CFR 1910.23 and 29 CFR 1910.29, including structural performance. B. Structural Performance: Railings, including attachment to building construction, shall withstand the effects of gravity loads and the following loads and stresses within limits and under conditions indicated: 1. Handrails and Top Rails of Guards: a. Uniform load of 50 lbf/ ft. (0.73 kN/m) applied in any direction. b. Concentrated load of 200 lbf (0.89 kN) applied in any direction. c. Uniform and concentrated loads need not be assumed to act concurrently. 2. Bottom/Mid Rails of Guards: a. Concentrated load of 50 lbf (0.22 kN) applied horizontally on an area of 1 sq. ft. (0.093 sq. m). 2.2 MANUFACTURERS A. Basis-of-Design Manufacturer/Products: Subject to compliance with requirements, provide listed products of Fibergrate Composite Structures, Dallas TX, (800) 527-4043. Or equal product by another manufacturer that meets the requirements of this section. B. Single Source: Provide fall protection components from a single manufacturer through a single source, unless otherwise indicated. 2.3 ROOF GUARDRAIL SYSTEMS – PORTABLE, NON-PENETRATING A. Roof Edge Guardrail Systems: Fall protection safety railing components including pipe or tubing, fittings, and accessories complying with requirements of authorities having jurisdiction. City of Carlsbad, CA Final Specifications Calavera Hills Park Re-roofing and Re-painting 112429.01 - Page 4 of 7 FACILITY FALL PROTECTION 1. Application: Guardrail system for low slope roofs up to 5 deg. slope, including: a. Roof hatch guardrail with gate. b. Skylight guardrail. 2. Basis of Design Product: Fibergrate, Dynaround RG Fiberglass Roof Guardrail System. Slimline 3. System Description: Non-penetrating roof guardrail system having a minimum finished height of 42 inches (1067 mm) with a mid-rail installed at 21 inches (533 mm) above the walking surface; including posts, rails, fittings, and counterweights; and having the following characteristics: a. Fiberglass Reinforcement: Continuous roving, continuous strand mat, and surfacing veil. b. Resin: Fire retardant vinyl ester. c. Flexural Strength (Full Section): 70,000 psi (482 MPa). d. Flame Spread: ASTM E 84; 25 or less. e. Color: Yellow, with UV resistant coating. 4. Post Base and Roof Ballasts: Galvanized cast iron, supplied with a rubber anti-skid surface on surface to be in contact with roof. a. Dynaround Slimline Base: Circular base with a diameter of 24.5 inches (622 mm), with four sockets for the installation of posts and slots for the installation of lock pins; 90 degrees of rotational adjustment for the posts. 5. Hatch Access: Manufacturer’s standard self-closing gate. 6. Miscellaneous Fittings: Galvanized cast iron with and feature 9/16-inch (14 mm) diameter socket head set screws for clamping to the FRP round tube pipes, posts, rails and outriggers. 2.4 ROOF HATCH GUARD A. Roof Hatch Guard: Fall protection safety railing components including pipe, fittings, and accessories corresponding to design indicated on Drawings and complying with requirements of authorities having jurisdiction. 1. Application: Roof hatch guardrail system for low slope roofs up to 5 deg. slope, including: a. Roof hatch guard rail with gate. 2. Basis of Design Product: Fibergrate, Dynaround Hatch Guard. City of Carlsbad, CA Final Specifications Calavera Hills Park Re-roofing and Re-painting 112429.01 - Page 5 of 7 FACILITY FALL PROTECTION 3. System Description: Non-penetrating roof guardrail system having a minimum finished height of 42 inches (1067 mm) with a mid-rail installed at 21 inches (533 mm) above the walking surface; including posts, rails, fittings, and counterweights; and having the following characteristics: a. Fiberglass Reinforcement: Continuous roving, continuous strand mat, and surfacing veil. b. Resin: Fire retardant vinyl ester. c. Flexural Strength (Full Section): 70,000 psi (482 MPa). d. Flame Spread: ASTM E 84; 25 or less. e. Color: Yellow, with UV resistant coating. 4. Mounting: Compression-mounted to hatch curb. 5. Access: Manufacturer’s standard self-closing gate. B. Miscellaneous Fittings: Galvanized cast iron with and feature 9/16-inch (14 mm) diameter socket head set screws for clamping to the FRP round tube pipes, posts, rails and outriggers. 2.5 SKYLIGHT SCREEN SYSTEMS A. Skylight Screen Systems, General: Fall protection screen components including wire mesh screen, frame, fittings, and accessories as required for complete installation. 1. Basis of Design Product: Tremco, Inc., Skylight Guard. 2. Structural Load: Minimum 400 lbs (181 kg) applied in any direction. 3. Frames: Formed steel and aluminum extrusions. 4. Screen: Welded wire mesh, galvanized steel; 4 by 4 inches (100 by 100 mm). 5. Finish: Zinc-plated. 6. Mounting: Compression-mounted to skylight frame. 2.6 PORTABLE ANCHOR SYSTEMS A. Mobile Deadweight Anchor System: Nonpenetrating counterweight system providing fall restraint or one person weighing up to 310 lbs (140 kg) including equipment, or fall restraint for two persons; modular design with stacked counterweights. 1. Application: For use on low slope roofs up to 5 deg. slope. 2. Basis of Design Product: Fibergrate DynaWeight Fall Protection System. City of Carlsbad, CA Final Specifications Calavera Hills Park Re-roofing and Re-painting 112429.01 - Page 6 of 7 FACILITY FALL PROTECTION 3. Provide manufacturer's transportation cart. 2.7 FITTINGS AND FASTENERS A. General: Provide Type 304 or Type 305 stainless-steel fasteners. B. Fittings: Malleable cast iron, ASTM A 47, galvanized according to ASTM A 153. 2.8 FABRICATION A. Cut and drill FRP and metal shapes cleanly and accurately. Remove burrs and ease edges. Remove sharp or rough areas on exposed surfaces. B. Nonwelded Connections: Connect members with concealed mechanical fasteners and fittings. Fabricate members and fittings to produce flush, smooth, rigid, hairline joints. C. Form changes in direction by inserting prefabricated elbow fittings. D. Close exposed ends of railing members with prefabricated end fittings. PART 3 - EXECUTION 3.1 EXAMINATION A. Examine substrates, areas, and conditions, with Installer present, to verify actual locations, dimensions, and other conditions affecting performance of the Work. B. Verify that roof assembly is sound, dry, smooth, clean, sloped for drainage, securely anchored and ready for placement of fall protection. C. Proceed with installation only after unsatisfactory conditions have been corrected. 3.2 INSTALLATION A. Install fall protection to comply with requirements of 29 CFR 1910.29 and authorities having jurisdiction. B. Set fall protection components accurately in location, alignment, and elevation; measured from established lines and levels and free of rack. 1. Do not weld, cut, or abrade surfaces of components that are coated or finished after fabrication and that are intended for field connection by mechanical or other means without further cutting or fitting. 2. Set components plumb within a tolerance of 1/8 inch in 3 feet (4 mm in 1 m). 3. Align horizontal members so variations from level for horizontal members and variations from parallel with rake of steps and ramps for sloping members do not exceed 1/4 inch in 12 feet (6 mm in 3.5 m). City of Carlsbad, CA Final Specifications Calavera Hills Park Re-roofing and Re-painting 112429.01 - Page 7 of 7 FACILITY FALL PROTECTION C. Control of Corrosion: Prevent galvanic action and other forms of corrosion by insulating metals and other materials from direct contact with incompatible materials. 3.3 FIELD QUALITY CONTROL A. Remove and replace railings where test results indicate that they do not comply with specified requirements unless they can be repaired in a manner satisfactory to Architect and comply with specified requirements. B. Perform additional testing and inspecting, at Contractor's expense, to determine compliance of replaced or additional work with specified requirements. 3.4 ADJUSTING AND CLEANING A. Clean exposed surfaces according to manufacturer's written instructions. B. Replace components that have been damaged or that cannot be successfully repaired by finish touchup or similar minor repair procedures. END OF SECTION 112429.01 ATTACHMENT A CONTRACTOR STAGING AREA R O C K R I D G E R D MIDDLET O N D R WOODSTOCKST E D G E W A R E W Y G L A S G O W D R HAR WICH DR T A M A R A C K A V C A R L S B A D V I L L A G E D R COLLEGE BL TAMARACK AV 2997GlasgowDrive Copyright nearmap L O C A T I O N M A P PROJECT NAME EXHIBIT1CALAVERA HILLS COMMUNITY CENTER REFURBISHMENT STAGING AREA $!Å **#5$ **#5$·|}þ78 VISTA ENCINITAS SAN MARCOS S.D. COUNTY OCEANSIDE PACIFICOCEAN T A M ARACKAV LACO STAAV POIN S E T TI A L N C A R L S B A D B L ELCA MIN O REALA V IA R APY ALGA R D CANNON R D Created By: Sara Jadhav 9/1/2023 J:\SaraJadhav_Customers\MollyAmendt\CalaveraHills\LocationMap-StagingArea_4746.mxd STAGING AREA $!Å PROJECTNUMBER4746 ATTACHMENT B CITY FORM E-32, PROJECT SWPPP TIER LEVEL E-32 Page 1 of 2 REV. 02/22 Development Services Land Development Engineering 1635 Faraday Avenue 442-339-2750 www.carlsbadca.gov DETERMINATION OF PROJECT’S SWPPP TIER LEVEL AND CONSTRUCTION THREAT LEVEL E-32 I’m applying for: Grading Permit Building Permit Right-of-way permit Other Project Name: Project ID: Address: APN Disturbed Area: Ac Section 1: Determination of Project’s SWPPP Tier Level (Check applicable criteria and check the corresponding SWPPP Tier Level, then go to section 2) SWPPP Tier Level Exempt – No Threat Project Assessment Criteria My project is in a category of permit types exempt from City Construction SWPPP requirements. Provided no significant grading proposed, pursuant to Table1, section 3.2.2 of Storm Water Standards, the following permits are exempt from SWPPP requirements: Electrical Patio Mobile Home Plumbing Spa (Factory-Made) Fire Sprinkler Mechanical Re-Roofing Sign Roof-Mounted Solar Array Exempt Tier 3 – Significant Threat Assessment Criteria – (See Construction General Permit (CGP) Section I.B)* My project includes construction or demolition activity that results in a land disturbance of equal to or greater than one acre including but not limited to clearing, grading, grubbing or excavation; or, My project includes construction activity that results in land disturbance of less than one acre but the construction activity is part of a larger common plan of development or the sale of one or more acres of disturbed land surface; or, My Project is associated with construction activity related to residential, commercial, or industrial development on lands currently used for agriculture; or My project is associated with construction activity associated with Linear Underground/Overhead Projects (LUP) including but not limited to those activities necessary for installation of underground and overhead linear facilities (e.g. conduits, substructures, pipelines, towers, poles, cables, wire, towers, poles, cables, wires, connectors, switching, regulating and transforming equipment and associated ancillary facilities) and include but not limited to underground utility mark out, potholing, concrete and asphalt cutting and removal, trenching, excavation, boring and drilling, access road, tower footings/foundation, pavement repair or replacement, stockpile/borrow locations. Other per CGP_____________________________________________________ Tier 3 Tier 2 – Moderate Threat Assessment Criteria: My project does not meet any of the Significant Threat Assessment Criteria described above and meets one or more of the following criteria: Project requires a grading plan pursuant to the Carlsbad Grading Ordinance (Chapter 15.16 of the Carlsbad Municipal Code); or, Project will result in 2,500 sq. ft. or more of soils disturbance including any associated construction staging, stockpiling, pavement removal, equipment storage, refueling and maintenance areas and project meets one or more of the additional following criteria: •located within 200 ft. of an environmentally sensitive area or the Pacific Ocean; and/or, •disturbed area is located on a slope with a grade at or exceeding 5 horizontal to 1 vertical; and/or •disturbed area is located along or within 30 ft. of a storm drain inlet, an open drainage channel or watercourse; and/or •construction will be initiated during the rainy season or will extend into the rainy season (Oct. 1 – Apr. 30) Tier 2 Tier 1 – Low Threat Assessment Criteria My project does not meet any of the Significant or Moderate Threat criteria above, is not an exempt permit type per above and the project meets one or more of the following criteria: •results in some soil disturbance; and/or •includes outdoor construction activities (such as roof framing, saw cutting, equipment washing, material stockpiling, vehicle fueling, waste stockpiling) Tier 1 * Items listed are excerpt from CGP. CGP governs criteria for triggers for Tier 3 SWPPP. Developer/owner shall confirm coverage under the current CGP and any amendments, revisions and reissuance thereof. Attachment "B" E-32 Page 2 of 2 REV. 02/22 SWPPP Tier Level Section 2: Determination of Project’s Construction Threat Level (Check applicable criteria under the Tier Level as determined in section 1, check the corresponding Construction Threat Level, then complete the emergency contact and signature block below) Construction Threat Level Exempt - Not Applicable - Exempt Tier 3 Tier 3 – High Construction Threat Assessment Criteria: My Project meets one or more of the following: Project site is 50 acres or more and grading will occur during the rainy season Project site is located within the Buena Vista or Agua Hedionda Lagoon watershed, inside or within 200 feet of an environmentally sensitive area (ESA) or discharges directly to an ESA Soil at site is moderately to highly erosive (defined as having a predominance of soils with USDA-NRCS Erosion factors kf greater than or equal to 0.4) Site slope is 5 to 1 or steeper Construction is initiated during the rainy season or will extend into the rainy season (Oct. 1 – April 30) Owner/contractor received a Storm Water Notice of Violation within past two years High Tier 3 – Medium Construction Threat Assessment Criteria All projects not meeting Tier 3 High Construction Threat Assessment Criteria Medium Tier 2 Tier 2 – High Construction Threat Assessment Criteria: My Project meets one or more of the following: Project is located within the Buena Vista or Agua Hedionda Lagoon watershed, inside or within 200 feet of an environmentally sensitive area (ESA) or discharges directly to an ESA Soil at site is moderately to highly erosive (defined as having a predominance of soils with USDA-NRCS Erosion factors kf greater than or equal to 0.4) Site slope is 5 to 1 or steeper Construction is initiated during the rainy season or will extend into the rainy season (Oct. 1 – Apr. 30) Owner/contractor received a Storm Water Notice of Violation within past two years Site results in 10,000 sq. ft. or more of soil disturbance High Tier 2 – Medium Construction Threat Assessment Criteria My project does not meet Tier 2 High Threat Assessment Criteria listed above Medium Tier 1 Tier 1 – Medium Construction Threat Assessment Criteria: My Project meets one or more of the following: Owner/contractor received a Storm Water Notice of Violation within past two years Site results in 500 sq. ft. or more of soil disturbance Construction will be initiated during the rainy season or will extend into the rainy season (Oct.1 – April 30) Medium Tier 1 – Low Construction Threat Assessment Criteria My project does not meet Tier 1 Medium Threat Assessment Criteria listed above Low I certify to the best of my knowledge that the above statements are true and correct. I will prepare and submit an appropriate tier level SWPPP as determined above prepared in accordance with the City SWPPP Manual. I understand and acknowledge that I must adhere to and comply with the storm water best management practices pursuant to Title 15 of the Carlsbad Municipal Code and to City Standards at all times during construction activities for the permit type(s) checked above. The City Engineer/Building Official may authorize minor variances from the Construction Threat Assessment Criteria in special circumstances where it can be shown that a lesser or higher SWPPP Tier Level is warranted. FOR CITY USE ONLY Emergency Contact Name: Telephone No: Owner/Owner’s Authorized Agent Name: Title: Owner/Owner’s Authorized Agent Signature: Date: City Concurrence: Yes No By: Date: DWG #/CB#: Attachment "B" ATTACHMENT C ROOF WARRANTY FORMS CITY WARRANTY FORM FOR EXECUTION BY MANUFACTURER AND CONTRACTOR CALAVERA HILLS COMMUNITY CENTER ROOF WARRANTY SINGLE PLY SYSTEM PROJECT NO. 4746 Separate from the Contractor’s Guarantee Form, the City has developed a Warranty Form for execution and submission by the Roofing Materials Manufacturer and the Roofing Contractor. This document is to be signed, notarized and returned to the City upon completion of the contract work. The contract work will not be determined “Complete” until this form has been executed and accepted by the City. An alternate version of this form may be submitted providing that the language on this City Form is replicated in its entirety and not contradicted on such alternate form. Warranty No: _________________ Building Owner: The City of Carlsbad, California Building Name: CALAVERA HILLS COMMUNITY CENTER Address: 2997 Glasgow Drive, Carlsbad, CA 92010 Contractor: ___________________________________ ___________________________________ ___________________________________ Date of Project Substantial Completion (SC): ________ Date of Final Roof Inspection: ________ Roof Area Warranted ____________ square feet This Warranty is effective for thirty (30) years; from ______________ through ______________ (SC Date) Manufacturer and Type of Roofing System Installed: ___________________________________ ____________________________________________________________________________ ______________________________,(“Manufacturer”) warrants to the City of Carlsbad (“City"), that subject to the terms, conditions, and limitations stated herein, Manufacturer will cause to be repaired, any leaks originating in the roof system (the “System”) indicated above as applied to the building which are caused by defects in the materials supplied by Manufacturer or defects in workmanship by a Manufacturer’s Authorized Applicator for a period of thirty (30) years commencing with the date of Substantial Completion provided by the city for the installation of the System with no monetary limit with respect to System repair costs. TERMS, CONDITIONS, LIMITATIONS 1. City is required to notify Manufacturer on the first business day immediately following the discovery of each leak in the System and confirm in writing within one (1) week. 2. If on Manufacturer’s inspection, Manufacturer determines that the leak is caused by a defect in the Manufacturer’s material supplied by Manufacturer to the Manufacturer’s Authorized Applicator for this building or the workmanship of the Manufacturer’s Authorized Applicator, except as provided in the following paragraph four (4) below, Manufacturer’s liability shall be limited to Manufacturer’s repair of the System, including membrane, insulation and cover board, and the replacement of materials in the System or the substrate under the system, which are determined by Manufacturer and City to be damaged by the leak. 3. Manufacturer shall not be responsible for the removal or cost of removal and/or reinstallation of any components/ materials installed over the Manufacturer’s System, including but not limited to, insulation, drainage mat, filter fabric, growing medium, plant life, pavers, gravel, concrete or walkways. 4. This warranty does not apply and may be null and void if any of the following occur: a. The System is damaged by a natural disaster, including without limitation, earthquake, lightning, hail, windstorm, hurricane, tornado, winds in excess of 60 mph or flood; or b. The System is damaged by any act of negligence, accident, or misuse including but not limited to, vandalism, falling objects, civil disobedience, or act of war; or c. The System is damaged by the use of materials not supplied by or approved of in writing by Manufacturer; or d. A deficient pre-existing condition or equipment is causing water entry; or e. There are any alterations or repairs made on or through the completed System, or objects such as but not limited to fixtures, equipment or structures are placed on or attached to the completed System without first obtaining written authorization from Manufacturer; or f. Failure by City to use reasonable care in maintaining the System; or g. Loss of integrity of the building envelope and/or structure including, but not limited to, partial or complete loss of decking, wall siding, windows, doors or other envelope components, or from damage by windblown objects; or h. The System is damaged by structural failures, including without limitation, settling or shifting of the building or movement or cracking or deflection of the roof deck and/or roof structure; or i. The System is damaged by chemical conditions, animals, insects, or other conditions not disclosed in writing to Manufacturer prior to the date of this Warranty; or j. Deficient design applied to the System such as contact with incompatible materials and/or substrates. 5. During the period of the Warranty, Manufacturer, its agents and employees, agree to request and coordinate escorted building access through the City Facilities Maintenance Department during regular business hours. Inspections and maintenance (including removal of debris from roof membranes and cleaning of drains and scuppers) will be performed at years 2, 5, 10, 15, 20 and 25 of the thirty (30) year warranty period. 6. Should the System be concealed, the cost of exposure of the System for purposes of Manufacturer’s investigation and/or repair, shall be City’s responsibility. 7. City’s failure at any time to enforce any of the terms or conditions stated herein shall not be construed to be a waiver of such provision. 8. City is responsible to Manufacturer for all costs attributed to work performed as the result of service calls for items not covered under this Warranty. 9. This Warranty may only be transferred to a subsequent owner of the building within the applicable original warranty period. Under no circumstances, including but not limited to a warranty transfer, shall the original warranty period be deemed extended for any reason. 10. This Warranty shall not become effective unless and until signed by ____________________ (Manufacturer’s Authorized Applicator) and Manufacturer ___________________________. 11. Manufacturer shall not be responsible or liable for any consequential or incidental damages caused as a result an any leaks to areas below the roof substrate and its support framing, including other elements of the building structure or contents, loss of use of the structure or any component thereof, or damage to any personal property or persons. 12. This Warranty shall be governed by the laws of the State of California. Manufacturer: ___________________ __________________________________ ____________________ (Company name) Authorized Representative of Manufacturer Contact Phone Number Contractor: ___________________ __________________________________ ____________________ (Company name) Authorized Representative of Manufacturer Contact Phone Number CITY WARRANTY FORM FOR EXECUTION BY MANUFACTURER AND CONTRACTOR CALAVERA HILLS COMMUNITY CENTER ROOF WARRANTY FLUID APPLIED SYSTEM OVER EXISTING PROJECT NO. 4746 Separate from the Contractor’s Guarantee Form, the City has developed a Warranty Form for execution and submission by the Roofing Materials Manufacturer and the Roofing Contractor. This document is to be signed, notarized and returned to the City upon completion of the contract work. The contract work will not be determined “Complete” until this form has been executed and accepted by the City. An alternate version of this form may be submitted providing that the language on this City Form is replicated in its entirety and not contradicted on such alternate form. Warranty No: _________________ Building Owner: The City of Carlsbad, California Building Name: CALAVERA HILLS COMMUNITY CENTER Address: 2997 Glasgow Drive, Carlsbad, CA 92010 Contractor: ___________________________________ ___________________________________ ___________________________________ Date of Project Substantial Completion (SC): ________ Date of Final Roof Inspection: ________ Roof Area Warranted ____________ square feet This Warranty is effective for twenty-five (25) years; from ___________ through ______________ (SC Date) Manufacturer and Type of Roofing System Installed: ___________________________________ ____________________________________________________________________________ ______________________________,(“Manufacturer”) warrants to the City of Carlsbad (“City"), that subject to the terms, conditions, and limitations stated herein, Manufacturer will cause to be repaired, any leaks originating in the roof system (the “System”) indicated above as applied to the building which are caused by defects in the materials supplied by Manufacturer or defects in workmanship by a Manufacturer’s Authorized Applicator for a period of twenty-five (25) years commencing with the date of Substantial Completion provided by the city for the installation of the System with no monetary limit with respect to System repair costs. TERMS, CONDITIONS, LIMITATIONS 1. City is required to notify Manufacturer on the first business day immediately following the discovery of each leak in the System and confirm in writing within one (1) week. 2. If on Manufacturer’s inspection, Manufacturer determines that the leak is caused by a defect in the Manufacturer’s material supplied by Manufacturer to the Manufacturer’s Authorized Applicator for this building or the workmanship of the Manufacturer’s Authorized Applicator, except as provided in the following paragraph four (4) below, Manufacturer’s liability shall be limited to Manufacturer’s repair of the System, including membrane, insulation and cover board, and the replacement of materials in the System or the substrate under the system, which are determined by Manufacturer and City to be damaged by the leak. 3. Manufacturer shall not be responsible for the removal or cost of removal and/or reinstallation of any components/ materials installed over the Manufacturer’s System, including but not limited to, insulation, drainage mat, filter fabric, growing medium, plant life, pavers, gravel, concrete or walkways. 4. This warranty does not apply and may be null and void if any of the following occur: a. The System is damaged by a natural disaster, including without limitation, earthquake, lightning, hail, windstorm, hurricane, tornado, winds in excess of 60 mph or flood; or b. The System is damaged by any act of negligence, accident, or misuse including but not limited to, vandalism, falling objects, civil disobedience, or act of war; or c. The System is damaged by the use of materials not supplied by or approved of in writing by Manufacturer; or d. A deficient pre-existing condition or equipment is causing water entry; or e. There are any alterations or repairs made on or through the completed System, or objects such as but not limited to fixtures, equipment or structures are placed on or attached to the completed System without first obtaining written authorization from Manufacturer; or f. Failure by City to use reasonable care in maintaining the System; or g. Loss of integrity of the building envelope and/or structure including, but not limited to, partial or complete loss of decking, wall siding, windows, doors or other envelope components, or from damage by windblown objects; or h. The System is damaged by structural failures, including without limitation, settling or shifting of the building or movement or cracking or deflection of the roof deck and/or roof structure; or i. The System is damaged by chemical conditions, animals, insects, or other conditions not disclosed in writing to Manufacturer prior to the date of this Warranty; or j. Deficient design applied to the System such as contact with incompatible materials and/or substrates. 5. Should the System be concealed, the cost of exposure of the System for purposes of Manufacturer’s investigation and/or repair, shall be City’s responsibility. 6. City’s failure at any time to enforce any of the terms or conditions stated herein shall not be construed to be a waiver of such provision. 7. City is responsible to Manufacturer for all costs attributed to work performed as the result of service calls for items not covered under this Warranty. 8. This Warranty may only be transferred to a subsequent owner of the building within the applicable original warranty period. Under no circumstances, including but not limited to a warranty transfer, shall the original warranty period be deemed extended for any reason. 9. This Warranty shall not become effective unless and until signed by ____________________ (Manufacturer’s Authorized Applicator) and Manufacturer ___________________________. 10. Manufacturer shall not be responsible or liable for any consequential or incidental damages caused as a result an any leaks to areas below the roof substrate and its support framing, including other elements of the building structure or contents, loss of use of the structure or any component thereof, or damage to any personal property or persons. 11. This Warranty shall be governed by the laws of the State of California. Manufacturer: ___________________ __________________________________ ____________________ (Company name) Authorized Representative of Manufacturer Contact Phone Number Contractor: ___________________ __________________________________ ____________________ (Company name) Authorized Representative of Manufacturer Contact Phone Number CITY WARRANTY FORM FOR EXECUTION BY MANUFACTURER AND CONTRACTOR CALAVERA HILLS COMMUNITY CENTER AND RESTROOM/CONCESSIONS BUILDING ROOF WARRANTY METAL ROOFING SYSTEM PROJECT NO. 4746 Separate from the Contractor’s Guarantee Form, the City has developed a Warranty Form for execution and submission by the Roofing Materials Manufacturer and the Roofing Contractor. This document is to be signed, notarized and returned to the City upon completion of the contract work. The contract work will not be determined “Complete” until this form has been executed and accepted by the City. An alternate version of this form may be submitted providing that the language on this City Form is replicated in its entirety and not contradicted on such alternate form. Warranty No: _________________ Building Owner: The City of Carlsbad, California Building Name: CALAVERA HILLS COMMUNITY CENTER Address: 2997 Glasgow Drive, Carlsbad, CA 92010 Contractor: ___________________________________ ___________________________________ ___________________________________ Date of Project Substantial Completion (SC): ________ Date of Final Roof Inspection: ________ Roof Area Warranted ____________ square feet This Warranty is effective for thirty (30) years; from ___________ through ______________ (SC Date) Manufacturer and Type of Roofing System Installed: ___________________________________ ____________________________________________________________________________ ______________________________,(“Manufacturer”) warrants to the City of Carlsbad (“City"), that subject to the terms, conditions, and limitations stated herein, Manufacturer will cause to be repaired, any leaks originating in the roof system (the “System”) indicated above as applied to the building which are caused by defects in the materials supplied by Manufacturer or defects in workmanship by a Manufacturer’s Authorized Applicator for a period of thirty (30) years commencing with the date of Substantial Completion provided by the city for the installation of the System with no monetary limit with respect to System repair costs. TERMS, CONDITIONS, LIMITATIONS 1. City is required to notify Manufacturer on the first business day immediately following the discovery of each leak in the System and confirm in writing within one (1) week. 2. If on Manufacturer’s inspection, Manufacturer determines that the leak is caused by a defect in the Manufacturer’s material supplied by Manufacturer to the Manufacturer’s Authorized Applicator for this building or the workmanship of the Manufacturer’s Authorized Applicator, except as provided in the following paragraph four (4) below, Manufacturer’s liability shall be limited to Manufacturer’s repair of the System, including membrane, insulation and cover board, and the replacement of materials in the System or the substrate under the system, which are determined by Manufacturer and City to be damaged by the leak. 3. Manufacturer shall not be responsible for the removal or cost of removal and/or reinstallation of any components/ materials installed over the Manufacturer’s System, including but not limited to, insulation, drainage mat, filter fabric, growing medium, plant life, pavers, gravel, concrete or walkways. 4. This warranty does not apply and may be null and void if any of the following occur: a. The System is damaged by a natural disaster, including without limitation, earthquake, lightning, hail, windstorm, hurricane, tornado, winds in excess of 60 mph or flood; or b. The System is damaged by any act of negligence, accident, or misuse including but not limited to, vandalism, falling objects, civil disobedience, or act of war; or c. The System is damaged by the use of materials not supplied by or approved of in writing by Manufacturer; or d. A deficient pre-existing condition or equipment is causing water entry; or e. There are any alterations or repairs made on or through the completed System, or objects such as but not limited to fixtures, equipment or structures are placed on or attached to the completed System without first obtaining written authorization from Manufacturer; or f. Failure by City to use reasonable care in maintaining the System; or g. Loss of integrity of the building envelope and/or structure including, but not limited to, partial or complete loss of decking, wall siding, windows, doors or other envelope components, or from damage by windblown objects; or h. The System is damaged by structural failures, including without limitation, settling or shifting of the building or movement or cracking or deflection of the roof deck and/or roof structure; or i. The System is damaged by chemical conditions, animals, insects, or other conditions not disclosed in writing to Manufacturer prior to the date of this Warranty; or j. Deficient design applied to the System such as contact with incompatible materials and/or substrates. 5. Should the System be concealed, the cost of exposure of the System for purposes of Manufacturer’s investigation and/or repair, shall be City’s responsibility. 6. City’s failure at any time to enforce any of the terms or conditions stated herein shall not be construed to be a waiver of such provision. 7. City is responsible to Manufacturer for all costs attributed to work performed as the result of service calls for items not covered under this Warranty. 8. This Warranty may only be transferred to a subsequent owner of the building within the applicable original warranty period. Under no circumstances, including but not limited to a warranty transfer, shall the original warranty period be deemed extended for any reason. 9. This Warranty shall not become effective unless and until signed by ____________________ (Manufacturer’s Authorized Applicator) and Manufacturer ___________________________. 10. Manufacturer shall not be responsible or liable for any consequential or incidental damages caused as a result an any leaks to areas below the roof substrate and its support framing, including other elements of the building structure or contents, loss of use of the structure or any component thereof, or damage to any personal property or persons. 11. This Warranty shall be governed by the laws of the State of California. Manufacturer: ___________________ __________________________________ ____________________ (Company name) Authorized Representative of Manufacturer Contact Phone Number Contractor: ___________________ __________________________________ ____________________ (Company name) Authorized Representative of Manufacturer Contact Phone Number ATTACHMENT D SAN DIEGO REGIONAL HAZARDOUS MATERIAL QUESTIONNAIRE HM-9171 (9/18) County of San Diego - DEH - Hazardous Materials Division OFFICE USE ONLY RECORD ID # PLAN CHECK # BP DATE / / SAN DIEGO REGIONAL HAZARDOUS MATERIALS QUESTIONNAIRE Business Name Business Contact Telephone # Project Address (include suite) City State Zip Code APN# Mailing Address (include suite) City State Zip Code Plan File# Project Contact Applicant E-mail Telephone # The following questions represent the facility’s activities, NOT the specific project description. PART I: FIRE DEPARTMENT – HAZARDOUS MATERIALS DIVISION: OCCUPANCY CLASSIFICATION: (not required for projects within the City of San Diego): Indicate by circling the item, whether your business will use, process, or store any of the following hazardous materials. If any of the items are circled, applicant must contact the Fire Protection Agency with jurisdiction prior to plan submittal. Occupancy Rating: Facility’s Square Footage (including proposed project): 1. Explosive or Blasting Agents 5.Organic Peroxides 9.Water Reactives 13.Corrosives 2.Compressed Gases 6.Oxidizers 10.Cryogenics 14.Other Health Hazards 3.Flammable/Combustible Liquids 7. Pyrophorics 11.Highly Toxic or Toxic Materials 15. None of These. 4.Flammable Solids 8.Unstable Reactives 12.Radioactives PART II: SAN DIEGO COUNTY DEPARTMENT OF ENVIRONMENTAL HEALTH – HAZARDOUS MATERIALS DIVISION (HMD): If the answer to any of the questions is yes, applicant must contact the County of San Diego Hazardous Materials Division, 5500 Overland Avenue, Suite 170, San Diego, CA 92123. Call (858) 505-6700 prior to the issuance of a building permit. FEES ARE REQUIRED Project Completion Date: Expected Date of Occupancy: YES NO (for new construction or remodeling projects) 1. Is your business listed on the reverse side of this form? (check all that apply). 2. Will your business dispose of Hazardous Substances or Medical Waste in any amount? 3. Will your business store or handle Hazardous Substances in quantities greater than or equal to 55 gallons, 500 pounds and/or 200 cubic feet? 4. Will your business store or handle carcinogens/reproductive toxins in any quantity? 5. Will your business use an existing or install an underground storage tank? 6. Will your business store or handle Regulated Substances (CalARP)? 7. Will your business use or install a Hazardous Waste Tank System (Title 22, Article 10)? 8. Will your business store petroleum in tanks or containers at your facility with a total facility storage capacity equal to or greater than 1,320 gallons? (California’s Aboveground Petroleum Storage Act). CalARP Exempt / Date Initials CalARP Required / Date Initials CalARP Complete / Date Initials PART III: SAN DIEGO COUNTY AIR POLLUTION CONTROL DISTRICT (APCD): The following questions are intended to identify the majority of air pollution issues at the planning stage. Your project may require additional measures not identified by these questions. Some residential projects may be exempt from APCD requirements. If yes is answered for either questions 1, 2 or 5 or for more comprehensive requirements, please contact APCD at apcdcomp@sdcounty.ca.gov; (858)586-2650; or 10124 Old Grove Road, San Diego, CA 92131.YES NO 1. Will the project disturb 100 square feet or more of existing building materials? 2. Will any load supporting structural members be removed? 3. (ANSWER ONLY IF QUESTION 1 or 2 IS YES) Has an asbestos survey been performed by an individual that has passed an EPA-approved building inspector course? 4. (ANSWER ONLY IF QUESTION 1 or 2 IS YES) Based on the survey results, will the project disturb any asbestos containing material? If yes, a notification may be required at least 10 working days prior to commencing asbestos removal. Additionally, a notification may be required prior to the removal of a load supporting structural member(s) regardless of the presence of asbestos. 5. Will the project or associated construction equipment emit air contaminants? See the reverse side of this form for typical equipment requiring an APCD permit. If yes, contact APCD prior to the issuance of a building permit. 6. (ANSWER ONLY IF QUESTION 5 IS YES) Will the project or associated construction equipment be located within 1,000 feet of a school boundary? Briefly describe business activities: Briefly describe proposed project: I declare under penalty of perjury that to the best of my knowledge and belief the responses made herein are true and correct. / / Name of Owner or Authorized Agent Signature of Owner or Authorized Agent Date FOR OFFICAL USE ONLY: FIRE DEPARTMENT OCCUPANCY CLASSIFICATION: BY: DATE: / / EXEMPT OR NO FURTHER INFORMATION REQUIRED RELEASED FOR BUILDING PERMIT BUT NOT FOR OCCUPANCY RELEASED FOR OCCUPANCY COUNTY-HMD* APCD COUNTY-HMD APCD COUNTY-HMD APCD *A stamp in this box only exempts businesses from completing or updating a Hazardous Materials Business Plan. Other permitting requirements may still apply Attachment "D" HM-9171 (9/18) County of San Diego - DEH - Hazardous Materials Division LIST OF BUSINESSES WHICH REQUIRE REVIEW AND APPROVAL FROM THE COUNTY OF SAN DIEGO DEPARTMENT OF ENVIRONMENTAL HEALTH – HAZARDOUS MATERIALS DIVISION Check all that apply: AUTOMOTIVE CHEMICAL HANDLING MISCELLANEOUS Battery Manufacturing/Recycling Boat Yard Car Wash Dealership Maintenance/Painting Machine Shop Painting Radiator Shop Rental Yard Equipment Repair/Preventive Maintenance Spray Booth Transportation Services Wrecking/Recycling Photographic Processing Pool Supplies/Maintenance Printing/Blue Printing Road Coatings Swimming Pool Toxic Gas Handler Toxic Gas Manufacturer Asphalt Plant Biotechnology/Research Cannabis-related Manufacturing Dispensary Other Co-Generation Plant Dental Clinic/Office Dialysis Center Emergency Generator Frozen Food Processing Facility Hazardous Waste Hauler Hospital/Convalescent Home Laboratory/Biological Lab Medical Clinic/Office Nitrous Oxide (NOx) Control System Pharmaceuticals Public Utility Refrigeration System Rock Quarry Ship Repair/Construction Telecommunications Cell Site Veterinary Clinic/Hospital Wood/Furniture Manufacturing/Refinishing Brewery/Winery/Distillery METAL WORKING Anodizing Chemical Milling/Etching Finish-Coating/Painting Flame Spraying Foundry Machine Shop-Drilling/Lathes/Mills Metal Plating Metal Prepping/Chemical Coating Precious Metal Recovery Sand Blasting/Grinding Steel Fabricator Wrought Iron Manufacturing CHEMICAL HANDLING Agricultural supplier/distributor Chemical Manufacturer Chemical Supplier/Distributor Coatings/Adhesive Compressed Gas Supplier/Distributor Dry Cleaning Fiberglass/Resin Application Gas Station Industrial Laundry Laboratory Laboratory Supplier/Distributor Oil and Fuel Bulk Supply Pesticide Operator/Distributor AEROSPACE Aerospace Industry Aircraft Maintenance Aircraft Manufacturing ELECTRONICS Electronic Assembly/Sub-Assembly Electronic Components Manufacturing Printed Circuit Board Manufacturing NOTE: THE ABOVE LIST INCLUDES BUSINESSES, WHICH TYPICALLY USE, STORE, HANDLE, AND DISPOSE OF HAZARDOUS SUBSTANCES. ANY BUSINESS NOT INCLUDED ON THIS LIST, WHICH HANDLES, USES OR DISPOSES OF HAZARDOUS SUBSTANCES MAY STILL REQUIRE HAZARDOUS MATERIALS DIVISION (HMD) REVIEW OF BUSINESS PLANS. FOR MORE INFORMATION CALL (858) 505-6880. LIST OF AIR POLLUTION CONTROL DISTRICT PERMIT CATEGORIES Businesses, which include any of the following operations or equipment, will require clearance from the Air Pollution Control District. CHEMICAL 47 – Organic Gas Sterilizers 32 – Acid Chemical Milling 33 – Can & Coil Manufacturing 44 – Evaporators, Dryers & Stills Processing Organic Materials 24 – Dry Chemical Mixing & Detergent Spray Towers 35 – Bulk Dry Chemicals Storage 55 – Chrome Electroplating Tanks COATINGS & ORGANIC SOLVENTS 27 – Coating & Painting 37 – Plasma Arc & Ceramic Deposition Spray Booths 38 – Paint, Stain & Ink Mfg 27 – Printing 27 – Polyester Resin/Fiberglass Operations METALS 18 – Metal Melting Devices 19 – Oil Quenching & Salt Baths 32 – Hot Dip Galvanizing 39 – Precious Metals Refining ORGANIC COMPOUND MARKETING (GASOLINE, ETC) 25 – Gasoline & Alcohol Bulk Plants & Terminals 25 – Intermediate Refuelers 26 – Gasoline & Alcohol Fuel Dispensing COMBUSTION 34 – Piston Internal – Combustion Engines 13 – Boilers & Heaters (1 million BTU/hr or larger) 14 – Incinerators & Crematories 15 – Burn Out Ovens 16 – Core Ovens 20 – Gas Turbines, and Turbine Test Cells & Stands 48 – Landfill and/or Digester Gas Flares ELECTRONICS 29 – Automated Soldering 42 – Electronic Component Mfg FOOD 12 – Fish Canneries 12 – Smoke Houses 50 – Coffee Roasters 35 – Bulk Flour & Powered Sugar Storage SOLVENT USE 28 – Vapor & Cold Degreasing 30 – Solvent & Extract Driers 31 – Dry Cleaning ROCK AND MINERAL 04 – Hot Asphalt Batch Plants 05 – Rock Drills 06 – Screening Operations 07 – Sand Rock & Aggregate Plants 08 – Concrete Batch, CTB, Concrete Mixers, Mixers & Silos 10 – Brick Manufacturing OTHER 01 – Abrasive Blasting Equipment 03 – Asphalt Roofing Kettles & Tankers 46 – Reverse Osmosis Membrane Mfg 51 – Aqueous Waste Neutralization 11 – Tire Buffers 17 – Brake Debonders 23 – Bulk Grain & Dry Chemical Transfer & Storage 45 – Rubber Mixers 21 – Waste Disposal & Reclamation Units 36 – Grinding Booths & Rooms 40 – Asphalt Pavement Heaters 43 – Ceramic Slip Casting 41 – Perlite Processing 40 – Cooling Towers – Registration Only 91 – Fumigation Operations 56 – WWTP (1 million gal/day or larger) & Pump Station NOTE: OTHER EQUIPMENT NOT LISTED HERE THAT IS CAPABLE OF EMITTING AIR CONTAMINANTS MAY REQUIRE AN AIR POLLUTION CONTROL DISTRICT PERMIT. IF THERE ARE ANY QUESTIONS, CONTACT THE AIR POLLUTION CONTROL DISTRICT AT (858) 586-2600. Attachment "D" ATTACHMENT E CONSTRUCTION WASTE MANAGEMENT PLAN, B-59 Rev. 2.10.21 PART 1 Complete and submit this form when applying for a Building Permit. Note: Permits will not be issued without a completed Construction Waste Management Plan. Page 1 of 3 Many of the materials generated from your project can be recycled. You are required to list materials that will be reused, recycled or disposed from your project. If you have questions about the recycling requirement or completing this form, please contact Waste Management at (760) 929-9400, a certified C&D recycler, or the Carlsbad Building Division at (760) 602-2700. Please note: Unless you are self-hauling, Waste Management or approved haulers must be used for all construction projects within the City of Carlsbad. Applicant Information Permit No. Project Title Project Address APN Owner Contractor Architect Other Applicant Name Last First Applicant Address Phone ( ) E-mail Address Applicant Mailing Address (if different than project address) Project Type (check all that apply): Residential Commercial Public Building Industrial Brief Description Project Size Estimated Cost of Project $ (square footage) Please check the appropriate box: I plan on using WASTE MANAGEMENT roll-off bin(s) for all materials and will provide all receipts after construction. I plan on self-hauling to a certified recycling facility and will provide all receipts after construction. This is a proposed LEED certified project and I plan on separating materials on site in conjunction with WASTE MANAGEMENT. Acknowledgement: I certify under penalty of perjury under the laws of the State of California that the information provided in and with this form pertains to construction and demolition debris generated only from the project listed in PART 1, that I have reviewed the accuracy of the information, and that the information is true and correct to the best of my knowledge and belief. Print Name ___Signature _____Date CONSTRUCTION WASTE MANAGEMENT PLAN B-59 Development Services Building Division 1635 Faraday Avenue 760-602-2719 www.carlsbadca.gov Attachment "E" DEBRIS RECYCLING ESTIMATE: SECTION A Permit No. Project Title Project Address APN Applicant Name Phone ( ) Last First SECTION B Complete the following table with estimated waste tonnage to be generated by your project. This is your plan for construction waste management. Changes can be made on the final recycle report. Goal: the diversion rate shall be 65% by weights of debris. Material Type Estimated Waste Quantity (tons) A Place a (ü) check next to items to be reused or salvaged B Place a (ü) check next to items to be recycled C Place a (ü) check next to items to be disposed at landfill Complete this line of the table only if only using WASTE MANAGEMENT roll-off bins. Mixed C&D Debris Asphalt & Concrete Brick / Masonry / Tile Mixed Inert Debris Cabinets, Doors, Fixtures, Windows (circle all that apply) Carpet Carpet Padding / Foam Cardboard Ceiling Tile (acoustic) Drywall (used, new, scrap) Landscape Debris (brush, trees, stumps, etc.) No dirt. Unpainted Wood & Pallets Roofing Materials Scrap Metal Stucco Other: TOTAL = SECTION C To meet 65% Diversion Requirement (estimate) x 0.65 = tons Total Estimated Waste from above Minimum Required Diversion Contractor/Owner Signature Date PART 1 Complete, obtain signature, and submit this form when applying for a Building Permit. Note: Permits will (cont’d) not be issued without a completed Construction Waste Management Plan. Page 2 of 4 Rev. 11/12/18 Attachment "E" Rev. 2.10.21 Page 3 of 3 Category Material Mixed Debris Construction Demolition Asphalt/Concrete Asphalt (broken) Concrete (broken) Concrete (solid slab) Brick/Masonry/Tile Brick (broken) Brick (whole, palletized) Masonry brick (broken) Tile Building Materials (cabinets, doors, windows, etc.) Cardboard (flat) Carpet By square foot By cubic yard Carpet Padding/Foam Ceiling Tiles Whole (palletized) Loose Drywall (new or used) 1/2” (by square foot) 5/8” (by square foot) Demo/used (by cu. yd.) Landscape Debris (brush, trees, etc.) Asphalt Composition Shingles, asphalt Shingle Unpainted Wood/Pallets By board foot By cubic yard Trash/Garbage Other (estimated weight) Column A Volume cy cy cy cy cy cy cy cy sq ft cy cy sq ft cy sq ft cy cy sq ft sq ft cy cy cy bd ft cy cy cy cy cy cy x x x x x x x x x x x x x x x x x x x x x x x x x x x x Column B Tons/Unit 0.18 1.19 0.70 1.20 1.30 0.70 1.51 0.60 0.00175 0.15 0.05 0.0005 0.30 0.000125 0.0003 0.09 0.0008 0.00105 0.25 0.15 0.22 0.001375 0.15 0.18 estimate estimate estimate estimate Total all = = = = = = = = = = = = = = = = = = = = = = = = = = = = = Column C Tons Conversion Table for Common Construction Waste This document is informational only. It is here to help you convert truckload quantities to tons, if necessary. Attachment "E" PLANS – BID SET ONLY NOT FOR CONSTRUCTION